ML19241B122
| ML19241B122 | |
| Person / Time | |
|---|---|
| Site: | New Haven |
| Issue date: | 05/18/1979 |
| From: | Schutt R, Zebrak I HUBER, MAGILL, LAWRENCE & FARRELL |
| To: | |
| References | |
| NUDOCS 7907110708 | |
| Download: ML19241B122 (8) | |
Text
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NRO PUBLIC DOCUMENT EDW UNITED STATES OF AMERICA J'
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'[A NUCLEAR REGULATORY COMMISSION N'
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NEW YORK STATE ELECTRIC & GAS
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CORPORATION and LONG ISLAND
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LIGHTING COMPANY
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Docket Nos. 50-596
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50-597 (New Haven Nuclear Power Station,
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Units 1 and 2)
)
APPLICANTS' INITIAL ANSWER TO CONTENTIONS By order of the Licensing Board dated April 30, 1979, petitioners seeking to intervene in this proceeding are to file a supplement to their petitions by May ll, 1979 and answers thereto are to be served by hand to the Licens-ing Board by 4:00 P.M.
on May 18, 1979.
Contentions were received by Counsel from Mexico Academy and Central School, Safe Energy for New Haven, Oswego County Farm Bureau, Ecology Action of Oswego, and Concerned Citizens for Safe Energy.(1)
In light of the extreme pressures of time, and assuming the (1) The filings received by Counsel for the Applicants Mexico School Board's Contentions concerning are:
Significant Issues of Child Safety and District Well-Being Related to the Proposed New Haven Nuclear Plants, May ll, 1979 and Abstract of Mexico Central School May 10, 1979 Board Minutes: Contentions Concerning Environmental Matters of Intervenors Safe Energy for New Haven, and Contentions Concerning Site Selection of Intervenors Safe Energy for New Haven, undated; Specific Contentions Respecting Environmental / Radio-logical Concerns of Intervenors Oswego County Farm 7
7*2 N'
307 281
question of standing has been affirmatively resolved, the Applicants have reviewed the proposed contentions and have reached agreement with Counsel for the NRC Staff with re-spect to one contention of each the Petitioners which could satisfy the Commission's rules of practice and which could therefore be presented, unopposed, to the Licensing Board for consideration at the Special Prehearing Conference.
These contentions are identified oelow.
In order for the Applicants to more meaningfully address all of the contentions of the petitioners filed pursuant to the Licensing Board's Order of April 30, 1979, and in view of the Board's recognition of the abbreviated time for answering in entertaining requests for suppltnental answers, the Applicants respectfully request that they be permitted to file a supplemental answer.
The Applicants will be prepared to suggest a date that they be permitted to file its supplemental answer at the Special Prehearing Conference on May 23, 1979.
Footnote (1) continued Bureau, May 10, 1979; Supplement To Petition to Intervene Contentions By Ecology Action of Oswego, May 11, 1979; Contentions of Concerned Citizens For Safe Energy, Inc.,
undated; Contentions of Mid-Hudson Nuclear Opponents, Inc.,
May 10, 1979; Contentions of County of Columbia and Town of Stuyvesant, undated.
The latter two filings do not contain Petitioners' own contentions but " adopt" those of Concerned Citizens For Safe Energy. 307 282
CONTENTIONS OF PETITIONERS AGREED TO BETWEEN STAFF AND THE APPLICANT The Applicants and Staff have agreed that the fol-lowing contentions could be presented, unopposed, to the Licensing Board for consideration at th-special prehearing conference:
Safe Energy for New Haven 7.
Applicant has faile' to determine the impact of industrial growth on the character and qv21ity of rural life.
a.
rapid residential expansion due to influx of workers during con-struction phase c.
anticipated commuter traffic over rural roads will impele recreational activity e.g.
- biking, horseback riding, snowmobiling.
In addition there would be accompa-nying noise levels, vehicle emis-sions dust and increased potential for accident.
Mexico Academy and Central School 3.
Neither the NRC nor the applicant have adequately established the adverse impact of the construction and opera-ting phases of the New Haven plants upon the everyday functioning of the Mexico School System.
a.
The increased traffic related to the construction of the New Haven plants along the narrow constriction of route 104 will increase problems 307 28J
concerning the safe transportation of school children within and generated by the construction zone.
Being a rural school district, almost all our students are bused to school.
The sa fe transportation of school children in areas of in-creased truck and construction re-lated traffic has not been adequately addressed by either the applicant or the NRC. (See ER 45.1.4).
This is especially true given the severe winter conditions in the Mexico area and the projection by the ap-plicant that most of the construc-tion workers will be commuters from outside the Mexico School District.
These factors will further compound the serious and underexamined safety problems related to the safe busing of school children.
Traffic flow patterns will be altered throughout the School District and this pre-sents a significant and unresolved safety issue. (See ER 4.1-14-17).
c.
Inadequate attention and study has been given to the increased hazards to safe traffic and road conditions generated by the cooling towers emitting 10-13,000 gallons of water vapor per minute per tower during our severe winter weather conditions.
Ir particular, the increased potential for ice and fog, and this impact on the safe transportation of school children has not been properly addressed by the NRC or the ap-plicant. (See ER 2.8-2-4)
Concerned Citizens For Safe Energy, Although the question as to the adequacy of at least one co..;ention of Concerned Citizens which would meet the requirements of the Commission's regulations need not be 307 284
reached because it lacks standing to intervene, the Appli-cants are nevertheless mindful that the Licensing Board will consider specification of contentions.
Hence, if the ques-tion of the adequacy of the contentions of the petitioner must be reached, then the Applicant agrees with the Staff that contention I.1,
.2,
.3, and
.4 would meet the require-ments of the Commission's regulations.
Oswego County Farm Bureau 1.
The assessment of impact on agriculture is inadequate.
The Applicant and Staff have:
b.
failed to adequately analyze the impact of the construction and presence of the intake pipe on the properties involved, specifi-cally the fruit orchard.
We contend that drainage fields will be disrupted and destroyed pro-ducing trees will be destroyed ant the stratification of the soils will cause irreparable damage to the land for the production of fruit.
Ecology Action of Oswego
- 16. The Applicant (and NRC Staff analysis) has failed to propose an adequate radiation monitoring program during plant operation because:
1.
there are an insufficient number of monitors at various distances from the proposed site; 307 285
2.
the radiation monitoring system does not ensure that releases from manmade sourceu of radiation such as releases from the NM#1 and Fitzpatrick #1 plants will not inflate background radiation esti-mates, thus resulting in under-estimation of the proposed New Haven releases; 3.
the radiation monitoring system will no'. adequately sort out the source (Nine Mile Point site vs.
New Haven site) associated with the releases.
Although the Applicants agree with Staff that all of r.he above contentions could be presented unopposed to the Licensing Board for consideration at the Special Pre-hearing Conference and Applicents have not urged the Li-censing Board to conclude that those contentions lack a basis or are not set forth with reasonable specificity, the same would not be correct with respect to all of the re-maining contentions for which the Applicants have requested permission to file a supplemental answer.
Respectfully submitted, NEW YORK STATE ELECTRIC
'" CORPORA
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Roderick Sggutt Ira Lee Zebrak Roderick Schutt, Esq.
Ira Lee Zebrak, Esq.
Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016 Dated: May 18, 1979 307 286
UNITED STATES OF IJ1 ERICA NUCLEAR REGULATORY COM'ilSSION Before the Ltomic Safety and Licensing Board In the Matter of
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NE%' YORK STATE ELECTRIC & GAS
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CORPORATION and LONG ISLAND
)
LIGHTING COMPANY
)
Docket Nos. STN 50-596
)
STN 50-597 (New Haven Nuclear Power Station
)
Uni ts 1 and 2)
)
CERTIFICATE OF SERVICE I certify that service of APPLICANTS' Ih;_IAL ANSWER TO CONTENTIONS was made upon the following by first-class mail on May 18, 1979:
Seymour Wenner, Esquire Atomic Safety ard Licensing Chairman Board Panel Atomic Safety and Licensing Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Lammission Washington, D.C.
20555 h'a shing ton,
D.C.
20555 Dr. Oscar H.
Paris Stephen H.
Lewis, Esquire Member Marcia E.
Mulkey, Esquire Atomic Safety and Licensing Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Walter H.
Jordan Edward J
- 1sh, Jr.,
Esquire Member Long Isl-ighting Company Atomic Safety and Licensing Board 250 Old Cuuatry Road 881 West Outer Drive Mineola, New York 11501 Oak Ridge, TN 37830 Stanley B. Klimberg, Esquire U.S.
Nuclear Regulatory Commission Acting Counsel Office of the Secretary New York State Energy Office Docketing and Service Section 2 Rockefeller Plaza Washington, D.C.
20555 Albany, New York 12223 307 <oo
.a,
. Mr. Mark R.
Gibbs Paul Voninski, Ph.D.
Town Supervisor Vice President Town of Mexico Mexico Academy and S.
Jefferson Street Central School Mexico, New York 13114 Mexico, New York 13114 Safe Energy for New Haven Michael Flynn, Escuire c/o Ms. Linda Clark Robert Gray, Esquire Box 422, RD #1 Craig Indyke, Esquire Mexico, New York 13114 State of New York Department of Public Service Oswego County Farm Bureau Empire State Pla?.a c/o Ms. Nancy K. Weber Albany, New York 12223 RD #3 Mexico, New York 13114 David A.
Engel, Esquire New York State Department of Mr. Peter D.
G.
Brown Environmental Conservation Chairman of the Board 50 Wolf Road Mid-Hudson Nuclear Opponents, Inc.
Albany, New York 12233 P.O.
Box 566 New Paltz, New York 12561 William Keeping, Supervisor Town of Gardinei Ecology Action Gardiner, New York 12525 c/o Ms. Helen Daly W.
River Rd. RD #5 Dr. Stephen J.
Egemeier Oswego, New York 13126 Chairman Environmental Management Robert J.
Kafin, Esquire Council Miller, Mannix, Lemery & Kafin, P.C.
300 Flatbush Avenue P.O.
Box 765 Kingston, New York 12401 11 Chester Street Glens Falls, New York 12801
' Ira I.ee Zebrq)6 Esquire Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016 307 283