ML18081A595

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Forwards Intervenors Coleman 791018 Request for Action Under 10CFR2.206 & Fr Notice
ML18081A595
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 11/15/1979
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Librizzi F, Mittl R
Public Service Enterprise Group
References
NUDOCS 7911270090
Download: ML18081A595 (23)
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\\.1..... -~ .~ NOV 1 5 197\\J Docket Mos. 50-3~~ ~O-~i55._, and 50-2~ 50-311 Public Service Electric and .Gas Company ATTN: Messrs. F. P. Librizzi and R. L. Mittl 80 Park Place Newark~ New Jers(;;y 07101 -DISTRIBUTION: Docket Files (4) NRC PDR (2) LPDR (2) NRR Reading EP-1 Reading TERA NSIC EDO Reading LVGossick KCornel l ECase HDenton

  • DVas.sallo RMattson OELD (2)

CMiles HBerkow

Subject:

Request to Show Cause - i1ir. and Mrs. Alfred Coleman (Salem Units l and 2~ Hope Creek Units 1 and 2) Gcmtlemen: MG raff GErtter EDO 7646 AFerguson DEisenhut I&E (3) v!Regan rn~uller RBallard CHaupt MSlater BLUE BAG: S. Chilk (5) OGC J. Murry, ELD Enclosed for your information is a copy of a petition filed by Mr. and Mrs. Alfred Coleman which requests that construction permits for Salem Unit 2 and Hope Creek Units l and 2, and the operating license for Salem 2 be suspended or revoked. This µetition is being handled according to 10 CFR 2.206 of the Commission's regul nt ions, and appropriate action wi 11 be taken on the petition in a reasonable time.. Also enclosed is a copy of the notice that will be filed with the Office of the Federal Register.

Enclosures:

1. Cole-man's pet'ition dtd 10/18/79 (for Salem l & Hope Creek 1 & 2 GPs)

Coleman's petition dtd 10/18/79 (for Salem 2 OL) federal Reuister Notice cc ~;r/ encl s ! See next page Sincerely~ Harold R. Denton~ Director

  • Office of Nuclear Reactor l<egul at ion bee: ASLBP ACRS (16)
  • 1JO~G::.....

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~~----~------*-------------~~~~~~~~~~ P.UBLIC SERVICE ELEC"'C & GAS COMPANY (Salem Nuclear Generating Station, Unit No. 1) Mr. Alfred C. Coleman, Jr. Mrs. Eleanor G. Coleman 35 "K 11 Drive Pennsville, New Jersey 08070

  • Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555

  • Atomic Safety and Licensing*

Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

  • Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Mr. Dale Bridenbaugh M.H.B. Technical Associates

  • 1723 Hamilton Avenue Suite K San Jose, California 95125 Gary L. Milhollin, Esq., Chairman 1815 Jefferson Street Madison, Wisconsin 53711 Mr. Frederick J. Shon Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. James C. Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Richard Fryling, Jr., Esq. Assistant General Solicitor Public Service Electric and Gas Company 80 Park Place Newark, New Jersey 07101 Richard M. Hluchan, Esq. Rebecca Fields, Esq. Deputy Attorney General State of New Jersey 36 West State Street Trenton, New Jersey 08625 Keith A. Onsdorff, Esq. Assistant Deputy Public Advocate Bepartment of the Public Advocate 520 East State Street Tre~ton, New Jersey

  • 08625 June D. MacArtor, Esq.

Deputy Attorney General Tatnall Building P.O. Box 1401 Dover, Delaware 19901 Mark J. Wetterhahn, Esq. Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W. Suite 1050 Washington, D.C. 20006 C*rl Valore, Jr., Esq. 535. Tilton Road Northfield? N. J. 08225 Lower A 1-1 oways Creek Township c/o Mary o: Henders~n Municipal Building Hancock's Bridge, New Jersey 08038

Public Service Electric and Gas Atlantic City Electric Company (Hope Creek Generating Station Units 1 and 2) Mr. Ernest E. Hill Lawrence Livermore Laboratory University of California P. 0. Box 808, L-123 Livermore, California 94550 Dr. Oscar H. Paris Co. Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. M. J. Han Project Engineer Bechtel Power Corporation P.O. Box 3965 San Francisco, California 94119 Troy B. Conner, Jr., Esq. _ Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W. Washington, D. C. 20006 Mark L. First, Esq. Deputy Attorney General State of New Jersey 36 West State Street Trenton, New Jersey 08625 F. Michael Parkowski, Esq. - Deputy Attorney General Tatnall Building Dover, Delaware 19901 William Horner, Esq. 67 Market Street Salem, New Jersey 08079 Dr. John Lamarsh 68 North Chatsworth Avenue Larchmont, New York 10538 r ni Peter A. Bucksbaum, Esq. ~obert Westreich, Esq. Department of Public Advocate Division of Public Interest Advocacy 520 East State Street Trenton, New Jersey 08626 Dr. Paul Mecray, Jr. Suite 303 Cooper River Parkway West North Park Drive Pennsauken, New Jersey 08109 Richard Fryling, Jr., Esq. Public Service Electric and Gas Company Newark, New Jersey Mr. David A. Caccia R. D. #2 Box 70-A Sewell, New Jersey 08080 Ms. Judith H. Johnsrud

  • 433 Orlando Avenue State College, Pennsylvan~a 16801 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Conmission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Pannel U. S. Nuclear Regulatory Commission Washington, D. C. 20555
  • Mr. Fred Broadfoot, Esq.

Assistant General Counsel Public Service Electric & Gas Co. 80 Park Place Newark, New Jersey 07101

  • .<.. ~#%;'?

'._;,~-~'.-.:. UNITED -STATES OF AMERICA

  • NUCLEAR REGULATORY-'.'dblv'IMISSION.,
  • In the Matter of
    ,?;..ULi a
    ~3 PM 10 39 Pu'Qlic Service Electric & Gas
  • Co. a* -

Hope Creek Generatir.g Station Uni ts No. l and No. 2 Docket No. 50-354 No..50-:3.5.5 PETITION SEEKING ISSUANCE OF AN ORDER TO SHOW CAUSE REQUEST SBBKING SUSP.EHSION AND/OR REVOCATION OF CONS1 1RUCTION PERMITS DOCKET NO. 50-354 AND 50-355 Alfred.C. Coleman, Jr. and.Eleanor G. Coleman (husband and wife)_ hereby petition the Nuclear Regulatory Commission (NRC) seeking Issuance of an Order to Show Cause, Suspension and/or Revocation .of Construction Permits.for Hope Creek Nuclear: Generating.St~tion.. v* :,:.. \\-*~

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--Unit :l'lo *. 1 and No. _2 *. w1*th0ut counsel. ( pr0 se J * * .;,~-'. ':{***.The* authority for. this request is granted by the Atomic Energy Act - :_ *\\.. 9:f: 19,54, as amended (the Act) and the regulations in Title.10 Code -~ ;:t'Of Federal Regulations, Part 2. 202.. Order -to Show Cause and Par:t. < : ;/"c2.206 Request for Action *. Also set forth in the E'n.dangered Species "* *.;l Act of 1973 as amended (the Act) Section *7( a) " *** All other Federal

  • f - agencies shall, in consultation with and with: the assistance o:f the Secretary (Secretary of the Interior), utilize their authorities in furtherance of this Act (ESA) by carrying out programs for the conservation of :Endangered Species *** "

"The Endangered Species Act of 1973, as amended1is en act "To provide for the conservation of Endangered and Threatened Species of fish, wildlife and plants and for other purposes.~ "The purposes of this Act (Section 2. (b)) are to provide a means whereby the ecosystems upon which Endangered b'pecies and Threatened Species depend may be conserved, to provide a program for the conservation of such Endangered Species and Threatened Species, and to take such as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsectinn (a) of this section." "It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve Endangered

  • Species and Threatened Species and shall utilize their authorities in furtherance of the purposes of this Act (Sec. 2. ( c) ) * "

\\'*J ** Definitions "The terms 'conserve,' *~onserving,' and 'conservation' mean to use and the use of all methods and procedures which are necessary to bring any Endangered Species or Threatened Species to the point at which the measures provid~d pursuant to this Act are no longer necessary (the Act, Sec *.3(3))." "The term 'Endangered Species,' means any species which is in danger of extinction throughout a.11 or a significant portion o:f its range *** (the Act, Sec.,3.(6))." 2."'he term *take* defined in the Act, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct. Introduction Set forth in the Final Environmental Impact Statement (FEIS) related to operation of Hope Creek Nuclear Generating Station Unit No. 1 and No. 2, Public Service Electric and Gas Co. (PSE&G), Docket No. 50-.354 and No. 50-355, dated February, 1974s "Hope Creek Station is located on about,300 acres of the applicant's (licensee's) 700-acre site at Artif'i cial Island in Lower Alloways Creek Township, Salem County, New Jersey. The island (in actuality, an artificial peninsula) projects from the eastern shore about one-third of the way across the Delaware River estuary which has a width of about 2.5 miles at this location. The site is essentially midway between Wilmington and Dover, Delaware, 20 miles north and south of the site, respectively. Philadelphia (Penna.) is about 40 miles and Salem, New Jersey is 7.5 miles northeast of the site." "Artificial Island was created, beginning in the t\\ventieth century, by disposing of hydraulic dredg-ing spoils within a progressively enlarged diked area established around a natural bar that projected into the river. The low and flat 1500-acre island, average elevation about 9 ft. above mean sea level (msl) and a maximum elevation of about 18 ft. msl, can best be characterized as tidal marsh and grass-land. The remainder of the island, as well as a 1-mile wide inland strip of i*and abutting the island, is owned by the U.S. Government... "Ecological studies of the Delaware River in the vicinity of Artificial Island have been in progress since June o:f 1968 by Iohthyological Associates under contract to the applicant - (licensee) FEIS, February, 1974 (Pages 2-20, 2.7.2 Aquatic).*

/

  • "The sampling is believed to have been sufficiently comprehensive that there is little liklihood that any species of importance has been missed in this survey (with emphasis) - FEIS, February, 1974 (Pages 2-22, 2.7.2.2 Fish),"

History "The ecology of the Delaware River in the vicinity of Artificial Island is being studied by Ichthyological Associates, an unincorporated group of biologists. The study is ~inanced by_a" contract with PSE&G (the Licensee) 80 Park Place, Newark, N. ~. Hope Creek Nuclear Generating Station Unit No. 1 and No. 2 are alike in that each will use a GeneralJ-Electric boiling-water reactor, rated at 3. 293 megawatts thermal (M~Jt), to develop steam to drive turbine generators with net outputs of 1067 megawatts electrical (rrtwt). "The objective (ecology studies) is to make an ecological study of the Delaware River and adjacent waters in the vicinity of Artificial Island. The study area includes the Delaware River for a distance up to approximately ten miles above and below Artificial Island. The most intensive effort involves a relative-ly small area which will be directly affected by heat effluent or cooling water from the nuclear generating station (area around and near the intake.and outfall pipes - our comment). The study will continue for several years after the completion of the* second unit (Ecological Study of the Delaware River in the Vicinity of Artificial Island - Progress Report for June-December, 1968 Ichthyological Associates, Middletown, Delaware 19709)." Facts Fish that pass by the intake structure may follow the inflowing water up to the traveling screens. In spite of what appears to be a favorable design-for this intake structure, it cannot be assured that it is entirely trouble-free. The number and kinds of fish that die on the screens are monitored and reported since commercial operation began June JO, 1977 on a monthly basis in the "Impingement Monitoring Program." ) The Secretary of the Interior publishes a list of all species determined by him, refers to the species by scientific and common name (if any) and species with respect to each such species over what portion of its range it is endangered or threatened and specifies any critical habit within each range. Such is the case and reason for this petition, the Secretary of the Interior lists the Sturgeons as followsa Sturgeons, family Acipenseride Acipenser brevirostrum Lesueur, Shortnose sturgeon E (Endangered), 1 (Present or Threatened Destruction of habitat), Atlantic Coast (USA).

.,,The intent of the Endangered Species Act of 1973. as amended (the Act) is that all Federal agencies, including the NRG shall protect, guarantee and insure that no adverse action'(overutilization for commercial, sporting, scientific or educational purposes, disease or predation, inadequacy of existhlg regulatory mechanisms) not limited to but including other natural or manmade factors affect-ing its continued existence (not limited to but include intake pipes at nuclear facilities). To the best of our knowledge there does not exist any knoWn environmental impact analysis and/or statement prepared which discusses the impact upon Endangered, Threatened or Of Special Concern species or their critical habitat as it relates to Artificial Island. Except as provided in Sections 6(g)(2) and 10 of the Act, with respect to any Endangered species of fish or wildlife listed pursuant to Section 4 of the Act, it is unlawful for any person subject to the jurisdiction of the United States to take any such species within the United States. The injunctive relief provided by the Act (Sec. 11) shall not restrict any right which any person (or class of persons) majr_ have under any statue or law (not, limited to but includes the Atomic Energy Act of 1954, as amended - the Act - and the regulations in Title 10 Code of Federal Regulations) to seek enforcement of any standard or limitation or to' seek any other relief. The basis for determination of an Endangered Species at Artificial Island site are photographs and slides of samplings taken by PSE&G or Ichthyological Associates (as contracted) tagged from the Salem Nuclear Generating Station or in the vicinity (wi~hin testing area). Primary oause for this belated request is the fact that substantive information and, in our opinion, conclusive evidence has just come to our attention prior to this filing. It., is the responsibility and right of every citizen to protect the* environment in which they and their families live and use whatever l.egal means to preserve and protect those rights and the environment. Contentions

1. The Licensee has not submitted sufficient information or docu-mentation to determine there is adequate protection and assurance there is no taking (with emphasis) of Endangered Species at Artificial Island, in this case namely Acipenser
2.
4.

-.5""'. brevirostrum Lesueur, Shortnose sturgeon. Even in the case of the A. o. oxyrhynchus Mitchell, Atlantic sturgeon (East Coast) a species Of Special.Concern (present or threatened destruction of habitat) which the Atomic Energy Commission (now NRCO reported in 1973 required no special protection or.statement of agreement from the Licensee. The Licensee data fails to disclose that there is absolutely D.Q. taking {with emphasis) of an Endangered Species at Artificial Island, in this case Acipenser brevirostrum Lesueur, Shortnose sturgeon. .H.'ven in the case o:f the A.O.* oxyrhynchus Mitchell, Atlantic sturgeon which is reported by Ichthyological Associates, Progress*Reports for 1968, 1974 and 1975 for the licensee, neither the licensee/contractor nor the NRG has required ~rotective measures be implimented. the Licensee is knowingly taking (with emphasis) an Endangered Species, namely the Acipenser brevirostrum. Lesueur, Shortnose sturgeon. We cannot find any mention of this species in the Impingement Monitoring Program Report for July, 1978, prior reports, or current reports for the Salem Nuclear Generating Station which is part of the ongoing ecological study of the Delaware River in the vicinity of Artificial Island. It is our contention that the Shortnose sturgeon is being impinged or is highly susceptable to impingement on the Circulating Water System (CWS) traveling screens and the Service Water System (SWS) traveling screens at the Artificial Island site. The NRG has erred in finding that evidence and/or sampling of fish supports the conclusion that entrainment " *** sampling is believed to have been sufficiently comprehensive that there is little liklihood that any s,;pecies of importance has been missed in this survey.".Further, the NRC staff has erred in .finding that sampling in the vicinity o:f Artificial Island conclusively supports this statement as it.relates to identifying, quantatively and qualitatively Endangered Species, and measures that shall be taken to protect, guarantee and insure that no adverse action shall jeopardize the continued existence of any Endangered, Threatened or Of Special Concern Species. Conclusion For all these reasons we urge suspension and/or revocation of Cpn-struction Permits for Hope Creek Nuclear Generating Station Units No. 1 and No. 2 in light of the p11obability of needless taking (with emphasis) of the Acipenser brevirostrum I,esueur, Shortnose sturgeon.

  • We respectfully request the Commission admit us as intervenors, direct that evidence be taken on the above contentions and hold a public hearing in the CoW'lty of Salem, New Jersey, City of Salem.

Date Eleanor GV Coleman 35 "K" Drive Pennsville, N. J. 08070 (609) 678-7125 h

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RESOURCE REFERENCE Public Service Electric and Gas Company (PSE&G), Salem

  • Nuclear Generating station Unit No. l and No. 2, Draft Environmental Statement, Issued October, 1972.

Public Service Electric and Gas Company, Salem Nuclear Generating Station Unit No. 1 and No. 2, Final Environmental Statement, dated April, 1973* Public Service Electric and Gas Company, Hope Creek Nuclear Generating Station Unit No. 1 and No. 2, Draft Environmental Statement, issued November, 1973*

  • Public Service Electric and Gas Company, Hone Creek Nuclear Generating Station Unit No. l and No. 2, Final Environmental Statement, dated February, 1974.

Edward c. Raney, Victor J. Schuler, and Robert F. Denoncourt, Progress Report for June-December, 1968 of Ichthyological Associates, Progress Report 1 June 1969, Ecological Study of the Delaware River in the Vicinity of Artificial Island. Victor J. Schuler, Progress Report for January through December 1974, Volume I, Studies on Fishes and Ichthyoplankton by Ichthyological Associates June 1976, An Ecological Study of the Delaware River in the Vicinity of Artificial Island. Victor J. Schuler, Progress Report for January through December 1975 of Ichthyological Associates, Inc., July 15, 1977, An Ecological Study of the Delaware River in the Vicinity of Artificial Island. Public Service Electric and Gas Company, response dated November 12, 1973, submitted an Amendment 25 To The Applications under Docket No. 50-272 and No. 50-Jll. A Bulletin of the American Fisheries Sockety, Vol. 4, No. 2, March-April 1979 entitled Fisheries, -article Fishes of North.America Endangered, Threatened, or Of Special Concerns 1979 pages J0-42.

u. S. Department of the Interior, December 1978, The Endangered Species Act of 1973, P.L. 93-205 (87 Stat.

884), including the amendments.

UNITED STATES OF A!"'.'iERICA NUCLEAR REGULATOitY COMMISSION In the Matter of ~ 1 Public Service Electric & Gas Co.& Docket No. 50-354 No. 50-355 Hope Creek Generating Station Units No. 1 and No. 2 AFFIDAVIT IE SUPPOi-{'.1.1 OF P~TITION SEEKING ISSU!u'l'CE OF _AN ORDER TO SHOl"J CAUSE Rl!."'QUES'l' S.2.ili:ING SUSP3NSION AND/OR REVOCATION OF CON ST RUCTION ? ERI<lITS DOCKZT NO. 50-354 iU'~D NO. 50-355

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\\iJe are fully familiar with all the statements contained in the attached Petition seeking the above. To the best of our knowledge, inf'ormation and belief, the statements contained therein are true and accurate, submitted in good faith and not submitted for the purpose of delaying adjudication of this within proceeding. hy wife and I, together with our three children (ages 11, 14 and 18), live at 35 "K 11 Drive, Pennsville, New Jersey, 08070 in a one-story ranch style house which we own. Our home is located about ten (10) miles north of Artificial Island (site o:f Hope Creek No. 1 and No. 2). t.Je have lived in this location for about six years and have no present intention of moving. h'xcept :for the first six years of my wife's life, we have both been life-long residents of Salem County. I, Alfred Coleman, am employed by the du Pont Company of \\iJilmington, Delaware, as a Distribution and Customer Service Supervisor with responsibilities for the sale and distribution of du Font paint products for international sales. I am a graduate of Rutgers University, where I majored in economics. I am also a Licensed real estate salesman/broker and a licensed insurance solicitor/broker in the State of New Jersey. I engage !n real es~ate and insurance on a part-time basis, mostly in the ~alem Coun~y area. ~e are current Intervenors in the application to increase storage , of spent fuel assemblies at the Salem Nuclear Generating Unit No, 1, PSL&G (Docket No. 50-272) We have filed Petition Seeking Issuance o:f an Order to Show Cause and Stay Licensing of Salem Nuclear lcmerating Station Unit No, 2 (advised pending notification Federal Register).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Public Service Electric & Gas Co. Hope Creek Generating Station Units No. 1 and No. 2 Docket No *.50-354

  • No *.50-355 CERTIFICAT2 OF SERVICE IN SUPPORT OF PE'l'ITION SZiliING ISSUANCE OF AN ORDE:::i TO SHm-! CAUSE R.::;QU::i:S'.i.' SE:SKING SUSPENSION AND/OR REVOCA'l1ION OF CONSTHUCTI°ON PERMI'l'S DOCK.ST NO. 50-354 ANiJ 50-355 We hereb~,.£rrtify that copj>~: following documents were mailed this

~ day of ~ in the yeark979' to personsiSted on the attached Service List.

1. Petition Seeking the Above
2.

Affidavit in Support of Petition Seeking the Above Da te. _ __..__/t~~-=-//=-----7~9 ___ _ J Eleanor G. C,Qfeman 35 "Kt' Dri vr! Pennsville, N. J. 08070

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SERVICE LIST Director of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Director of Nuclear Material Safety and Safeguards U. s. Nuclear Regulatory Commis1::;ion Washington, D. C. 20555 Director of Office of Inspection and Enforcement U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Office of the Secretary Docketing and Service Section U. s. Nuclear Regulatory Commission Washington, D. C. 20555 Office of Endangered Species U. S. Fish and tw'ildlife 3ervice Washington, D. c. 20240 Richard Fryling, Jr.* Esquire Assistant General Solicitor Public Service Blectric & Gas Co. 80 Park Place Newark, New Jersey 07101 Stanley Van Ness, Public Advocate Keith Onsdorff, Esouire Department of the Public Advocate Division of Public Interest Advocacy P. o. Box 141 Trenton, New Jersey 08601 John J. Degnan, Attorney General Department of Law and Public 3af ety Environmental Protection Section 36 West State Street Trenton, New Jersey 08625 Jerry F. English, Commissioner New Jersey Environmental Protection Dept. P. o. Box 1.390 Trenton, New Jersey 08625 Department of Environmental Protection Division of Fish, Game and Shell Ftsheries CN OOJ Trenton, New Jersey 08625 June D. MacArtor, Esquire Deputy Attorney General Tatnall Building! P. o. Box 1401 Dover, Delaware 9901

UNITED STATES OF AMERICA. NUCLEAR REGULATORY COMMISSION In the Matter of Public Service Electric & Gas Co. 1 Salem Nuclear Generating Station, 1 Unit No. 1 and No. 2 Docket No. 50-272 No *.50-)11

'PETITION SEEKING ISSUANCE OF AN ORDER ~O SHOW CAUSE REQUEST SEEKING SUSPENSION AND/OR REVOCATION.. OF OPERATING LICEriSE SALEYI NUCLEAR GENERATING STATION UNIT NO. 1 (DOCKET NO. 50-272)

REQUEST SEEKING SUSPENSION AND/OR REVOCATION OF CONSTRUCTION PERMITS AND STAY LICENSING ,*'" 5 ;_ ' '. . SALEIVI NUCLEAR GENERATING STATION UNIT NO *. *2 (DOCK?.'T NO. SO~jll) I ~ \\ :\\ \\ '.

,.- Alfr~d c. co'iemazi*, Jr. ~d Eleanor G. Coleman (husband and wife)..
  • hereby* petition the.Nuclear Regulatory Commission seeking Is~ance.
  • of an Order to Show Cause, Suspension and/or Revocation of Operating License for Salem Nuclear Generating Station Unit No. 1, Suspension and/or Revocation of Construction Permits and Stay of Licensi~ of Salem Nuclear Generating Station Unit No'. 2, without counsel (pro-se).

The authority for this request is granted by the Atomic Energy Act of 1954, as amended (The Act) and the regulation in Title 10 Code of Federal Regulations, Part 2.202 Order to Show Cause and Part 2.206 Request for Action. Also set forth in the Endangered Species Act of 1973 as amended (The Act) Section 7 (a) " *** All other Federal agencies shall, in consultation with and with the assistance of the Secretary (Secretary of the lnterior), utilize their authorities in furtherance of this Act by carrying out programs for the conservation of endangered species *** " The Endangered Species Act of 1973, as amended, is B.n act "To provide

  • for the conservation of endangered and threatened species of fish,
  • Wildlife, and plants, and for other purposes."

The purposes of this Act (Section 2.(b)) are to provide a means whereby the ecosystems upon which.Endangered Species and Threatened Species depend may be conserved, to provide a program for the conservation of such Endangered Species and Threatened Species, and to take such as may be appropriate to achieve the *purposes of treaties and conventions set forth in subsection (a) of this section." "It is further declared to be the policy or Congress that all Federal departments and agencies shall seek to conserve in.dangered Species and Threatened Species and shall utilize their authorities

  • in :furtherance of the purposes of this Act (Sec. 2.(c)). 11
  • Defini tions "The terms 'conserve,' ** conservit?-g,' and 'conservation' mean to use *and the use of all methods and procedures which a.re necessary to bring any &i.dangeded Species or Threatened Species to the point at which the measures provided pursuant to this Act a.re no longer necesEary (the Act Sec. 3. ( 3))"

"The term 'Endangered Species' means any species which is in danger of extinction throughout all or a. significant portion of its range... a (The Act Sec. 3.(6)), The te~ "take" defined in the Act, means to harass, harm, pursue, hunt, shoot, wound, kill, ~. capture or collect or to attempt to engage in any such conduct. Introduction Set forth in the Final Environmental Impact Statement (FEIS) related to operation of Salem Nuclear Generating Station Unit No. l and No. 2, Public Service Electric.and Gas Co. (PSE&G), Docket No. 50-272 and 50-311, dated April, 1973* "Salem Station is located on about 220-acres of the applicant's 700-acre site at the southern end of Artificial Island in Lower Alloways Creek Township, Salem County, New Jerse;y. The Island (in actua.li ty, an artificial peninsula) projects from the ea.stern shore about one-third of the wa:y across the Delaware River estuary which has a width of about 2.5 miles at this location. The station ls essentially midway between Wilmington and Dover, Delaware, 20 miles north and south of the site, respectively ** Philadelphia (Eenna.) is about JO miles and Salem, New Jersey is 7.5 miles northeast of the site.H "A.i..-tificial Island wa.s created, beginning early in the twentieth century, by disposing of hydraulic dredging spoils within a progressively enlarged diked area established around a natural bar that projected into the river. The low and flat 1500-acre island, average elevation about 9 ft. above mean sea level (msl) and a maximum elevation of about 18 ~t. msl can best be characterized as tidal marsh and grassland. The remainder of the island, as well as a 1-mi;Le wide inland strip of land abutting the island, is owned by the U.S. Government.*

.., Construction permits for Sa1em Nuclear Generating Station Units No. l and No. 2 were issued by the Atomic Energy Commission on September 25, 1968. Ecological studies of the Delaware River in the vicinity of .Artificial Island have been in progress since June of 1968 by Ichthyolo~ic~,...Asso~iates under contract to the applic~t (licensee) F~~ April, 1973 (Page 2-27, 2.7.2 Aquatic). "The sampling is believed to have been sufficiently comprehensive that there is little liklihood that any soecies of importance has been missed in this survey (with emphasis) - FEIS April, 1973 (Page 2-28, 2.7.2.2 Fish)." History "The ecology of the Delaware River in the vicinity of Artificial Island is being studied by Ichthyological Associates, an un-incorporated group of biologists. The study is financed by a contract with PSE&G (the Licensee), 80 Park Place, Newark, N. J. Artificial Island is the site of twin-unit pressurized water reactors, each plant will have a gross electrical output of 1100 megawatts. The objective (ecology studies) is to make an ecological study of the Delaware River and adjacent waters in the vicinity of Artificial Island. The study area includes the.Delaware River for a distance up to approximately ten miles above and below Artificial Island. The most intensive effort involves a relatively small area which will be directly affected by heat effluent or cooling water from the nuclear generating station (area around and near the intake and outfall pipes - our comment). The study will continue fQr several years after completion of the second unit (Ecological S~udy of the Delaware River in the vicinity of Artificial Island - Progress Report for June-December, 1968, Ichthyologioal Associates, Middletown, Delaware 19709)." Facts Fish that pass by the intake structure may follow the inflowing water up to the traveling screens. In spite of what appears to be a favorable design for this intake structure, it can not be assured that it is entirely trouble-free. The numbers and kinds of fish that die on the screens are monitored and reported since commercial operation began June 30, 1977 on a monthly basis in the "Impingement Monitoring Program."

  • The Secretary of the Interior publishes a list of all species determined by him, refers to the species by scientific and common name (if any) and species with respect to each such species over what portion of its range it is endangered or threatened and specifies any critical habit within each range.

Such is the case and reaso-n for this petition, the Secretary of the Interior lists the Sturgeons as followsa Sturgeons, family Acipenseride Acipenser brevirostrum Lesueur, Shortnose Sturgeon, _ E (En.dangered), 1 (Present or threatened destruction' of habitat), Atlantic Coast (USA). The intent of the Endangered Species Act of 1973, as amended (the Act) is that all Federal agencies, including the Nuclear Regulatory Commission shall protect, guarantee and insure that no adverse action (overutilization for commercial, sporting, scientific, or educational purposes, disease or predation, inadequacy of existing regulatory mechanisms) not limited to but including other natural or manmade factors affecting its continued existence (not limited to but to include intake pipes at nuclear , facilities). To the best of our knowledge there does not exist any known environmental impact analysis and/or statement prepared which discusses the impact upon Endangered, Threatened or of Special Concern species or their critical habitat as it relates to Artificial Island. Except as provided in ieotions 6 (g)(2) and 10 of the Act, with respect to any Endangered Species of fish or wildlife listed pursuant to Section 4 of the Act, it is unlawful for any person subject to the jurisdiction of the United Stat*es to take any such species within the United States.

  • The injunctive relief provided by the Act, Sec. 11 shall not restrict any right which any person (or olass of persons) may have under any statue or law (not limited to but includes the Atomic Energy Act of 1954, as amended the Act - and the regulations in Title 10 Code of Federal Regulations) to seek enforcement o£ any standard or limitation or to seek any other relief.

The basis for determination of an Endangered Species at Artificial Island s! te are photographs and slides of samplln~s taken by PSE&G or Ichthyological Associates (as contracted) tagged from the Salem Nuclear Generating Station or in the vicinity (within testing area).

... Primary cause for this belated request is the fact that substantive information and, in our opinion, conclusive evidence has just come to our attention prior to. this filing. It is the responsibility and right of every citizen to protect the environment in which they and their families live and use whatever legal means to preserve and protect those rights and the environment.

1.
2.
4.

Contentions The Licensee has not submitted sufficient information or documentation to determine there is adequate protection and assurance there is no taking (with emphasis) of Endangered Species at Artificial Island, in this case namely Acipenser brevirostrum Lesueur, Shortnose sturgeon.* E\\ren in the case of the A.O. oxyrhynchus Mitchell, Atlantic sturgeon (East Coast) a species Of Special Concern (present or threatened destruction of habitat} which the Atomic Energy Commission (now NRC) reported in 1973 required no special protection or statement of agreement from the Licensee. The Licensee data fails to disclose that there is absolutely no taking (with emphasis) of an Endangered Species at Artificial Island, in this case Acipenser brevirostrmn Lesueur, Shortnose sturgeon. Even in the case of the A.O. oxyrhynohus Mitchel, Atl~tic sturgeon which is reported by Ichthyologica.l Associates, Progress reports for 1974, 1975 and 1968 for the licensee, neither the licensee/contractor nor thP. 0 NRC has required protective measures to be implimented. The Licensee is }&nowingly taking (with emphasis) an Endangered Species, namely the Acipenser brevirostrmn Lesueur,.Shortnose sturgeon. l1e cannot find any mention of this species in the Impingement Monitoring Program Report for July, 1978, prior reports, or current reports for the Salem Nuclear Generating Station which is part of the ongoing ecological study of the Delaware River in the vicinity of Artificial Island. It is our contention that the Shortnose sturgeon is being impinged or is highly susceptable to impingement on the Circulating Water System (CWS) traveling screens and the Service Water System (SWS) traveling screens at the Artificial Island site. The NRC has erred in finding that evidence and/or sampling of fish supports the conclusion that entrainment " *** sampling is relieved to have been sufficiently comprehensive that there s little liklihood that any species of importance has been missed in thls survey." Further, the NRG staff has erred in finding that sampling in the vicinity o:f Artificial Island conclusively supports this statement as it relates to identifying, quantitatively and qualitatively :tmdangered Species, and measures that shall be taken to protect, guarantee and insure that no adverse action shall jeopardize the continued existence of any Endangered, Threatened or Of Special Concern Species.

  • Conclusion For all these reasons, we urge suspension and/or revocation of the Operating License for Salem Nuclear Generating Station Unit No. 1, suspension or revocation of Construction Permits and Stay Licensing of Salem Nuclear Generating Station Unit No. 2 in light of the need.less taking (with emphasis) of the Acipenser brevirostrum Lesueur, Shortnose sturgeon.

We respectfully request the Commission admit us as intervenors, direct that evidence be taken on the above contentions and hold a public hearing in the County of Salem, New Jersey, City of Salem. ~~a~~~/ Eleanor G. c07Illan 35 "K" Drive Pennsville, New Jersey 08070 ( 609). 678-7125

RESOURCE REFER:i!:NCE

l. Public Service Electric and Gas Company (PSE&G), Salem Nuclear Generating Station Unit No. 1 and No. 2, Dra:rt Environmental Statement, Issued October, 1972.
2.

Public Service Electric and Gas Company, Sa1em Nuclear Generating Station Unit No. 1 and No. 2, Final Environmental Statement, dated April, J..973

3.

Public Service Electric and Gas Company, Hope Creek Nuclear Generating Station Unit No. 1 and No. 2,.Draft Environmental Statement, issued November, 1973*

4.

Public Service £1.ectric and Gas Company, Hope Creek Nuclear Generating Station Unit No. 1 and No. 2, Pinal Environmental Statement, dated February, 1974.

5.

Edward.C. Raney, Victor J, Schuler, and Robert F. Denoncourt, Progress Report for June-December, 1968 of Ichthyological Associates Progress Report 1 June 1969, Ecological Study of the Delaware River in the Vicinity of Artificial Island.

6.

Victor J, Schuler, Progress Report for January through December 1974, Volume I, Studies on Fishes and Ichthyoplankton by Ichthyological Associates June 1976, An Ecological Study of the Delaware River in the Vicinity of Artificial Island.

7.

Victor J. Schuler, Progress Report for January through December 1975 of Ichthyological Associates, Inc., July 15, 1977, An Ecological Study of the Delaware River in the Vicinity of Artificial Island.

8.

Public Service ~lectric and Gas Company, response dated November 12, 1973, submitted an Amendment 25 To The Applications under Docket No. S0-272 and No. 50-Jll.

9.

A Bulletin of the American Fisheries Society, Vol. 4, No. 2, March-April 1979 entitled Fisheries, article Fishes of North America F.:n.dangered, Threatened, or of Special Concern& 1979 pages J0-42

10. u. S, Department of the Interior, December 1978, The Endangered Species Act of 197J, P,L. 93-205 (87 Stat.

884), including the amendments.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of a Public Service Electric & Gas Co. a Docket No. 50-272 No. 50-311 Salem Nuclear Generating Station, a Unit No. 1 and No. 2 AtrFIDAVIT IN SUPPORT OF PETITION SEEKING ISSUANCE OF AN ORDER TO SHOW CAUSE REQUEST SEEKING SUSPENSION AND/OR REVOCATION OF OPERATING LICENSE SALB?I~ NUCLEAR GENERATING STATION UNIT NO. l (DOCKET NO. 50-272) ROOUEST SEEKING SUSPENSION AL~D/OR REVOCATION OF CONSTRUCTION PERMITS AND STAY LICENSING SALEIVI NUCLEAR GENERATING STATION UNIT NO. 2 (DOCKET NO. 50-311)

1.
4.

We are* fully familiar with all statements contained in the attached Petition seeking the above. To the best of our knowledge, information and belief, the statements contained therein are true and accurate, submitted in good faith and not for the purpose of delaying adjudication of this within proceeding. My wife and I, together with our three children (ages 11, 14 and 18), live at 35 aK" Drive, Pennsville, N. J. 08070 in a one-story ranch style house which we own. Our home ls located about 10 miles north of Artificial Island (site of Salem No. 1 and No. 2). We have lived in this location for about six years, and have no present intention of moving. We have lived in Salem County all of our lives (except fnr short period of time in case of wife before 6 years old).

1.

I am employed by the du Pont Company of Wilmington, Delaware as a Distribution and Customer Service Supervisor with responsibilities for the sale and distribution of du Pont paint products for international sales. I am a graduate of Rutgers University, where I majored in economics. I am also a licensed real estate salesman/broker and licensed insurance solicitor/broker in the State of New Jersey. I engage *in real estate and insurance on a part-time basis, mostly in the Salem County area. We are current Intervenors in the application to increase storage of spent fuel assemblies at the Salem Nuclear Generat-ing Station Unit No. 1, PSE&G (Docket No. 50-272) *. Date ~If; /~lf

~--~~--------.,--~- ~c~~

Ali'rec. Coleman, Jr. ~~-~ Eleanor G. Col an. 3.5 "K" Dri Ve Pennsville, N. J.* 08070 (609) 678-7125

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of a Public Service Electri~ & Gas Co. 1 Docket No. 50-272 No. 50-Jll Salem Nuclear Generating Station, a Unit No. 1 and No. 2 CERTIFICATE OF. SERVICE IN SUPPORT OF PETITION SEEKING ISSUANCE OF AN ORDER TO SHOW CAUSE REQUEST SEE.KING SUSPENSION AND/OR REVOCATION OF OPERATING LICENSE SALEIJI NUCLEAR GENERATING STATION UNIT NO. 1 (DOCKET NO. 50-272) R~UEST SEEKING SUSP.ENSION AND/OR REVOCATION OF CONSTRUCTION PERMITS AND STAY LICENSING SALEl1~ NUCLEAR GENERATING STATION UNIT NO. 2 (DOCKET NO. 50-311) We hereby cer~ that cop~ the following documents were m~led ~h~s day of ~ in the year /tlZj to persons listed ~n:.the attached Service List.

1.
2. Petition Seeking the above Affidavit in Support of Petition Seeking the above Eleanor G.

35 "K" Dri e Pennsville, N.; J. 08070

SERVICE LIST Director of Nuclear Reactor Regulation

  • U. s. Nuclear Regulatory Commission Washington, D. c. 20555 Director of Nuclear Material Sa.f ety and Sategl.ta.rds
u. s. Nuclear Regulatory Commission Washington, D. C. 20555 Director of Office of Inspection and Enforcement
u. s. Nuclear Regulatory Commission Washington, D. c. 20555 Office of the Secretary Docketing and Service Section
u. s. Nuclear Regulatory Commission Washington, D. c. 20555 Office of Endangered Species U.S. Fi sh and Wildlife Service Washington, D. c. 20240 Richard Fryling, Jr., Esquire Assistant General Solicitor Public Service Electric & Gas Co.

80 Park Place Newark, New Jersey 07101 Stanley Van Ness, Public Advocate Keith Onsdorff, Esquire Department of the Public Advocate Division of Public Interest Advocacy P. o. Box 141 Trenton, New Jersey 08601 John J. Degnan, Attorney General Department of Law and Public Sa:f ety Elnvironmental Protection Section 36 West State Street Trenton, New Jersey 08625 Jerry F. English, Commissioner New Jersey Environmental Protection Dept. P. o. Box 1.390 Trenton, New Jersey 08625 Department of Environmental Protection Division of Fish, Game and Shell Fisheries ON OOJ Trenton, New Jersey 08625 June D. MaoArtor, Esquire Deputy Attorney General Tatnall Building, P. o. Box 1401 Dover, Delaware 19901 _.. --}}

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