ML19209C467

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Amends 790509 Statement of Contentions Per NRC Request. Opposes Siting of Facilities 1.5 Miles West of Village Because of Health Effects,Financial Risk,Climate & Property Value Losses
ML19209C467
Person / Time
Site: New Haven
Issue date: 09/28/1979
From: Gray R
MEXICO, NY
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
790828, NUDOCS 7910150612
Download: ML19209C467 (3)


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September 28, 1979 7

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Mr. Samuel J. Chilk cT.

Office cf the Secretary 8

United States Nuclear Regulatory Commission 4

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Washington, D.C. 20555 Re. Proposed Town of New Haven, New York nuclear plants - your Nos. 50-596/597

Dear Mr. Chilk:

The contentions of the Village of Mexico, heretofore stated under date of May 9,1979, are restated in the following form pursuant to telephonic requests fro.n staff of the Nuclear Regulatory Commission. This may be considered an amended statement of contentions which are 1143 318

1. That the siting of the proposed facilities 1.5 miles west of this Village of 1600 fulltime residents, population of which increases to approximately 4400 duruig the day on weekdays, represents an unjustified and unjustifiable risk to the health and welfare of the fulltime and temporary residents of the Village due to each of the following effects either alone or in combination, each of which is a contention of the Village:

(A.) That the long term effect of cumulative releases of low level radiation will be an increase in the incidence of cancer and other disease. In support of this contention, the Village points out the fact that the plume pathway projected by the applicant for this proposed site passes direc*1y over the Village. Without further elaboration at this tirr.e, the Village would like to incorporate by reference the scientific opinions of John William Gofman, Ph.D., M.D., and Ernest J. Sternglass, Ph.D. given in Case No. 78-3 371 entitled NA-CV, Jeannine Honicker versus Joseph M. Hendrie, et. al.,

heard in the United States District Court, Nashville, Tennesee, on October 2,1978.

The Nuclear Regulatory Commission was a party to said action and was represented by cou sel therein. The Village would further cite the studies and testimony of Sister Rosalie Bertell, Ph.D. who has previously testified before the NRC in STN-50-556 and 557.

Ionizing radiation is a known cause of leukemia and the Village contends that there will be an increase in leukemia directly caused by the same if these plants are so sited.

(B.) That there will be a cumulative effect, greater in incidence than would otherwise be the case without multiple fact 11 des, if these two 1250 megawatt nuclear power plants 9910150 N O O

s are dllowed to be constructed, there being two existing operational plants and one under ccnstruction at Nine Mile Point in the Town of Scriba, approximately 6 to 8 miles west of the New Haven site. The Village of Mexico is downwind from both said existing plants and the proposed plants. This concentration of facilities is unjustifiable from the standpoint of the public health of the residents of the V111g e of Mexico.

(C.T That siting of the proposed facilities at the proposed site will create a substantial risk of serious physical injury to the population of the Village from any accident similar to or worse than the Three Mile Incident at Pennsylvania in March 1979 or any cumulative number of instances of radioactive release over the expected 30 year life of the proposed facilities.

(D.) That there will be an undue amount of mental anguish and strain imposed upon residents of the Village worrying about the possibility of tie effects outlined in subparagraphs (A.) through (C.) above.

2.

That the exhaustion of 24,000 to 48,000 gallons of 11guld per minute to the atmosphere will have a detrimental effect upon the climate of the Village which is downwind from the proposed site.

3.

That due to the above probabilities stated in paragraphs 1 and 2, the property values in the community and its desirability for residential use will be diminished representing a taking of property without due process of law. Compensation should be paid by the applicant and/or the licensing bodies to the Village property owners for such taking and the other effects outlined above.

4.

That the possible loss due to a disaster at this site would exceed the limits of insurance coverage under the Price-Anderson Act and the siting is, therefore, an unjus tifiable risk financially.

5. That no further nuclear facilities need be built in the State of New York at this time and, if needed, they should be built in the area co be served by the applicants and on a site of five square miles or more se as to avoid all of the above problems.

6.

That there are existing geological faults which increase the risk of nuclear disaster at this sde, one of which was heretofore unearthec by the applicant and pictured in the local newsmedia.

7.

That there is no safe means of permanently disposing of the radioactive waste from the proposed fLility on or off site at this time and no construction should be permitted under such circumstances.

8.

That it is impossible to devise a workable plan to evacuate or otherwise protect the residents of the Village from a major disaster at the proposed plant site due to the 1.5 mile proximity of the Village to the site and the fact that it is down vind from the site, prevailing wind being from the west. Even at 10 miles per hour, the prevailing westerly wind would envelope the entire Village within 15 minutes with escaping gases and other ll43 319

radioactive matter. To report the incident, warn and evacuate within that time is simply not possible and that alone, given the severe health effects, is reason to deny this application for this site.

In addition to stating the above contentions, the Village wishes to reser fe all rights to party status utrier the provisions of Section 2.715 of the Regulations and claims such.

Very truly yours, VILIAGE OF. MEXICO, By:

L Robert C. Gray, Mayor Certified Mail: Return Receipt No. 3337304 l143

$20