ML19256E581

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Submits Amended Statement to Village of Mexico,NY,790509 Contentions.Cumulative Releases of Low Level Radiation Will Create Adverse Effects on Physical Health & Mental Stability.Certificate of Svc Encl
ML19256E581
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
NUDOCS 7911080083
Download: ML19256E581 (7)


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1294' 190-Mr. Samuel J. Chilk Office of the Secretary United States Nuclear Regulatory Commission 4

cp 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 'fillage of Mexico, heretofore stated under date of : Jay 9,1979, are restated in the following form pursuant to telephonic requests from staff of the Nuclear Regulatory Commission. This may be considered an amended statement of contentions which are:

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 during 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 corr.bination, 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 thut the plume pathway projected by the applicant for this proposed site passes directly over the Village. Without further elaboration at this time, the Villagt would like to incorporate by reference the scientific opinions of John William Goftnan, 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 representd by cou sel therein. The Village would further cite the studies and testirnony of Sister Rosalie Bertell, Ph.D. whc 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 facilitxs, if these two 1250 megawatt nuclear power plants 79110 odd

are allowed to be constructed, there being two existing operational plants and one under ccustruction 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 VillaJ e of Mexico.

(C.)! That siting of t'..e 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 aboveprobabilities stated in paragraphs 1 and 2, the property values in the community and its desirability for residential use will be diminisned 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 unjustifiable risk financially.

5.

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

6.

That there are existing geological faults which increase the risk of nuclear disaster at this site, one of which was heretofore unearthed 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 facility 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 downwind 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 1294 191

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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 reserve all rights to party status under the provisions of Section 2.715 of the Regulations and claims such.

Very truly yours,

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'VILIAGE OF_MEXLCO, By:

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Robert C. Gray, Mayot v

Certified Mail: Return Receipt No. 3337304 1294 192

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UNITED STATES OF AMERICA

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I hereby certify that I have this day served the fore l?oing docunent(s)

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upon each person designated on the official service 1:'st compiled by

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the Office of the Secretary of the Cocnission in this proceeding' in gpn accordance with the requirements of Section 2.712 of 10 CFR'Part 2 -

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Rules of Practice, of Regulations.

the Nuclear Regulatory Com=1ssion's Rules and EF ~

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Offich 6f/ the Sec'retary of the# oc:nssi.on '

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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NEW YORK STATE ELECTRIC AND GAS

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Docket No.(s) 50-596

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CORPORATION, ET AL.

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50.597

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(New Haven, Units 1 and 2)

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SERVICE LIST Seymour Wenner, Esq.

Ecolor.' Action

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4807 Morgan Drive c/o Ms. Helen Daly Chevy Chase, Maryland 20015 West River Road, R.D. #5 Oswego, New York 13126 Dr. Oscar H. Paris

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Atomic Safety and Licensing Board Robert J. Kafin, Esq.

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U.S. Nuclear Regula' tory Commission P.O. Box 765 Washington, D.C.

20555 Glens Falls, New York 12801 Dr. Walter H. Jordan Safe Energy for New Haven 881 West Outer Drive e/o Ms. Linda Clark Oak Ridge, Tennessee 37S30 Box 22, R.D. #1 Mexico, New York 13114 Counsal for NRC Staff Offic of the Executive Legal Director Mr. "ater D.G. Brown U.S. Juclear Regulatory Commission Chairman of the Board Washington, D.C.

20555-IEd-Hudson Nuclear Opponents P.O. Box 666 Roderick Schutt, Esq.

New Paltz, New York 12561 Huber,iiagill, Lawrence & Farrell 99 Park Avenue Dr. Staphen J. Egemeier, Chairman New York, New York 10016 Environmental Management Council 300 Flatbush Avenue Ms. Nancy K. Weber Kingston, New York 12401 O

R.D.

  1. 3 Mexico, New York 13114 Mr. William Keeping Supervisor Ms. St.3an Link Town of Cardiner R.D. 1, Dewey Road Gardiner, New York 12525 Mexico, New York 13114 Honorable Thomas R. Matias

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New York State Department of Stanley B. Klimberg, Esq.

Public Serview Acting Counsel Empire State I-laza New York State Energy Office Agency Building 3 2 Rockefeller Plaza Albany, New York 12223 Albany, New York 12223 12?

Board and Parties continued 50-596, -597 (2)

Dr. Sidney Schawartz Mr. Samuel J. Abate, Exc. Director New York State Department of Hudson River Valley Commission Environmental Conservation Empire State Plaza 50 Wolf Road Agency Building On. 1 Albany, New York 12233 Albany, New Yori 12238 liayor Robert C. dray Commissioner Village of Mexico New York State Department of Health Mexico, New York 13114 ATTN:

Director, Office of Public Health Spire State Plaza Mr. Alman J. Hawkins Tower Building - 14th Floor County Planning Director Albany, New York 12237 Oswego County Planning Department 46 East Bridge Street Commission Osvego, New York 13126 New York State Derartment of 'ommerce 99 Washington Avenue Robert Grey, Esq.

Albany, New York 12245 New York State Dyartment of Public Service Mr. Robert Fickies Empire State Plaza 23rgy - Environmental Geology Albany, New York 12223 New York State Geological Survey Education Building Annex David A. Engel, Esq.

Albany, New b rk 12234 New York State Department of Environuental Conservation Mr. William Tyson, Exe. Director 50 Wolf Road St. Lawrence - Eastern Ontario Commission Albany, New York 12233 317 Uashington Street Watertown, New York 13601 Pdchard P. Feirstein, Esq.

Department of Agriculture and Thomas E. Brewer, Director Markets Rensselaer Co. Department of Health Albany, New York 12235 Troy,.New York 12180 3Srk R. Gibbs, Supervisor

_dward M. Barrett, Esq.

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General Counsel S. Jefferson Street Long Island Lighting Company h

New Y d 13n4 259 Old Country Road Mineola, New York 11 Cl Thomas G. Griffen, Esq.

Mr. Michael J. Ray 52 New York State Electric and ds n

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12534 Gas Corporation 4500 Vestal Parkway East G. Jeffrey Haber, Supervisor Binghamton, New York 13902 1777 Columbia Turpike Mr. Henry G. Willians astleton, Ne's York 12033 Director of State Planning Lev York State Department of State Mr. Ralph Schimmet, Representative Town of Coevnans 162 Washington Avenue Russell Avenue Albany, New York 12231 1294 195 Fw ma, New York 12143

Board and parties continued:

50-596, -597 (3)

James P. McGrath, Esq.

Mr. Ecug Buske City of Oswego Plumbers & Steamfitters 33 East Utica Street Local No. 27 Oswego, New York 13126 R.D. 01 Oswego, New York 13126 Mr. John D. Hotaling, President Coluabia Co. Fruit Growers E.D. 1 Reilly and Like, Esq.

200 West Main Street Hudson, New York 12534 Babylon, New York 11702 Ms. Vivan Rosenberg John M. Mowry, Esq.

Box 274 Mowry, Mowry & Seiter Walter Mill Road Ibin Street Germantown, New York 12526 Mexico, New York 13114 lb. Jeanne F. Fudala Mr. Doris Brown Ecology Action - Tompkins Co.

League of Women Voters of 140 West State Street Tompkins County Ithaca, New York 14850 86 Oak Crest Road Ithaca, New York 14850 Ms. Anne F. Curtin Concerned Citizens for Safe Mr.

Energy, Inc.

Samuel R. Madison, Secretary New York State Department of P.O. Box 88 Public Service Stuyve; art, New York 12173 Empire State Plaza Cc=missioner Orin Lehman Agency Building No. 3 Albany, New York 12223 New Ycrk State Deparmtnet of Parks and Recreation Enpire State Plaza Agency Building No. 1 Albany, New York 12239 H. Lee Davis, President Citizens to Preserve the Hudson Valley, Inc.

P.O. Box 412 Catskill, New York 12414 Mrs. Jeffrey Braley, President Columbia County Farm Eureau Star Route Box 22 Chatham, New York 12037 Ms. Clara Glenister, Town Clerk Town of New Haven P.O. Box 115 New Eaven, New York 1312]

Jchn F. Shea, Esq.

Assistant Attorney General Department of Law Two ITorld Trade Center j4 }}h New York, New York 10047}}