ML19259B450
| ML19259B450 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 01/12/1979 |
| From: | Bock C, Gordon T BOCK, C.A., WAALER, EVANS & GORDON |
| To: | |
| References | |
| NUDOCS 7902090380 | |
| Download: ML19259B450 (17) | |
Text
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~,,. - m;. s x-UNITED STATES OF MERICA NUCLEAR REGUIATORY CGiIISS10ti j
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.s IN THE IMITER OF
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C0ttDtfEALTH EDISON cot 4PMW
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Docket Mos: 50-454, 50-455:
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50-456, 50-457 (Braidmod Station, Units 1 and 2) ]
FETITIQ1 TO I:7fERVDE C. Allen Bock P.O. Box 342 Urbana, IL 61801 Thomas J. Gordon A\\LER, EVANS & GORDON 2503 S. Neil Chamaign, IL 61820 Attorneys for Petitioners 7sddO9 0380
UNITED STATES OF AMERICA NUCLEAR REGULAIORY CCtMISSIO'1 El THE MATTER OF eket Nos.
C0ttDNWEA1;IH EDISON COMPANY
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(Braidwood Station, Units 1 and 2 )
PETITION TO ILTERVEE The petitioners, BOB IERER FARMS, ETC., as authorized by its shareholders; and BOB E. NEINER, ELEANOR M. IEINER, PAT NEINER, IDP3AINE CREEK, 1I0 WALSH and ALTA WALSH, petition to intervene in this proceeding pursuant to 10 C.F.R. 52.714 and state:
I IDETIFICATION OF PETITIOhT3S AND THEIR ETIERESTS TO BE AFFFLTED 1.
Petitioner, BOB NEP'ER FAPilS, EIC., is a Nevada corporation authorized to do business in Illinois, and owns and operates tbrough its officers and employees farm real estate, farm livestock buildings and livestock and fann residences in Kankakee County, Illinois (within approxi-mately 15 miles of the plant location), and in Will County, Illinois, which cunership and business will be adversely affected by the operation of the plant.
2.
Petitioners, IDRMEE CREEK, LEO G\\LSH, and ALTA %\\LSH, reside and own real estate in Kankakee County, Illinois (withir. approxirately 15 miles of the plant location) which will be affected by t'Te grantirg of t' cperation permit and have a deep interest in the preservatien of
envircnment and culture of Will and Kankakee Counties, in Illinois, as it now exists.
3.
Petitioners, BOB E. I'EEER. ELEA'OR M. tEUER, and PAT NEHER, reside in Kankakee County, Illinois, and w rk in Kankakee and Will Caunties and are active in the social and cultural activities of the various ccrrunities within 4111 and Kankakee Counties, in Illinois, nich work, residency and life style will be adversely affected by the operatien of the plant.
4.
Petitioners, BOB E. NEINER, ELEAIOR M. IEEER, PAT NEHER, ILRRAINE CREEK, LEO %\\LSH, and ALTA WALSH, as potential lifetime residents of Kankakee County, Illinois (whose residences are within approximately 15 miles of the plant), and for the lifetime of the operation of the power plant will be adversely affected by the operation of the power plant in Will County, Illineis, with its negative effects upon the envirorment, land and the social and cultural life of Will and Kankakee Counties, in Illinois, and the presence of the dangers inherent in the construction and operation of such plant, both to personal health and to the land.
5.
All of the petitioners reside in geographic proximity to the plant and will be adversely affected by radioactive releases and discharges which apparently will be emitted during the operation of the plant.
6.
All the petitioners are concerned that their node of life will be drastically changed as a result of the operation of the proposed plant wi.thcut their having a voice in the planning and resolutien of safe.y and envircrantal questions which will be raised by the petiticners.
7.
The petitioners are constrers of electrical power, food and agricultural products and depend to a great extent upon natural resources, especially land and water, which are used to produce food and agricultural
products and which lie within the geographical area which will be adversely affected by the cperatien of te plant,
8.
The petitioners' property or lives could be adversely affected by the Lgroper release of radiation during the transportation of spent rods.
9.
The petitioners' water supply for dcxnestic and/or fanring use could be adversely affected by norml or abnormal plant operations.
- 10. The operatien of the plant could affect and disrupt the agricultural use of the land owned and/or occupied by petitioners in the folicwing ways:
a.
Ibclear accidents at the plant which adversely affect the envirotnent of the surrounding area could affect the salability of fann grain and livestock products grown by petitioner, Bob Neiner Fams, Inc. and Leo and Alta Walsh.
b.
If petitioners are not penritted to intervene, then they will be unable to catarent on questions of safety and environ-mental impact. These are of special financial interest to petitioners because safety problems and negative environmental impacts will affect the salability and price of their farm and residential real estate.
The psychological affect of living near a nuclear power c.
plant Wich the petitioners feel is unsafe will affect their willingness to expand their fann business and operatiens and therafere will directly affect their ability to increase their farm spenciable incem.
II INTERESTS ADVERSELY AFFECTED BY ACTIOil OF THE GIMISSION 11.
Based upon mterests and concerr.2 of the petitioners identified in section I above, one or more of the direct interests of the petitioners will be adversely affected by the issuance of any facility operating license or penrit. 'Ihese interests and how they will be affected are set forth generally below.
III FUIL EXPIANATICU OF ADVEFSE AFFECT ON PETITIOtERS' INIERESTS IS PRFJUDICED BY LACK OF INFDFFATIOli
- 12. On Januarf 10, 1979, C. Allen Bock, one of Petitioners' attorneys, visited the State Clearing House, Bureau of the Budget, Lincoln
Tower Plaza, 524 S. Second Street, Rocm 315, Springfield, Illinois, 62706, to examine the reports and documents that would provide the basis for specific detail in this petition. The notice in regard to the ratter of Docket Ibs: 50-454, 50-455, 50-456, and 2-0 7, published on pp. 38659 and 58660 of the Federal Register, Vol. 43, Ib. 242 - Friday, December 15, 1978, indicated that these documents and reports would be on file at the State Clearing House.
In fact the documents were not on file and C. Allen Bock was unable to examine the docunents. The petitioners will specifically request in their conclusion to this petition additional tire to make more specific the contentions contained herein.
IV STATDEE OF C0tEDTfl0N
- 13. Hundreds of miles of high voltage ':ransmission lines will have to be constructed to transport the electrical output of the plant.
More evidence should be collected and studied to exanine the health and safety hazards these transmission lines will present to those to must live and work near their location.
14 The roads between the Braidwood plant and the facility that will be used to store the spent rods and nuc. ear waste raterials should be improved for safety purposes before the operating pemit is granted.
- 15. There should be an approved plan for the demlition and/or removal of the nuclear reactor upon its obsolescence prior to the issuance of the pemit.
16.
The safeness of present procedures for transporting spent fuel rods should be revieaed.
17.
Le proxinity of the Illinois Central Railroad to the plant site and the use of that rail systm to transport explosive materials from the Joliet, Illinois, arsenal creates a hazardous condition that should be resolved prior to plant operation.
- 18. Le cooling pond for the plant will draw large ntnbers of migratory fowl. These fowl will have food demands that will probably be satisfied by surrounding agricultural areas causing econcaic loss and faming disruption to those fam owners and operators.
19.
Petitioners believe there are no current disaster plans in case of an accident at the Braidwood plant to assist and guide local Civil Defense organizations.
20.
Because of the ntrerous recreational facilities located near the Braidwood plant, an operating license should not be granted until adequate procedures are formulated to protect the people who use these facilities.
21.
The hazards created by climatic inversions in the plant area have not been adequately considered.
22.
The petitioners believe that the design of the fire pro-tection systems for Braidwood have not been satisfactorily completed.
- 23. He Kankakee River could become a prime source of water for agricultural irrigation. He effect of any radioactive residues in the water or the plants consumed by man and animals and the resultant residual effect should be thoroughly studied.
24 Ground water contamination as a result of seepage frem the cooling lake >hculd be thoroughly reviewed and remedies provided prior to the cperation of the operating permit.
- 25. Petitieners believe there have been inadequate studies relating to the effects of various kinds of seismic disturbances.
- 26. There are inadequate provisions for facilities for long-tenn nuclear waste dispesal.
- 27. 1he United States Department of the Interior in document nuier STd 50-456/457 raised several objections to the Atomic Energy Comissien's draft environmental statement for the Braid.sood Station, Units 1 and 2, Will t'uty, Illinois, en or about May 31, 1974
- 28. Since the required documnts (see paragraph 12) were not on file in Springfield, Illinois, it was tr.possible for petitioners to ascertain whether or not the environmental statement has been corrected, whether or not it complies with the law and whether or not the questions raised by the United States Department of the Interior have been answered.
- 29. lhe petitioners contend based on the Department of the Interior Report that:
- 30. a.
" Essential envircrnrntal information..has been presented in a cursory marner or mentioned by reference" instead of included in the report.
- 31. b.
The draft dces not list the n res of the 19 private and public recreation facilities located within a 10-mile radius of the plant site. The report states a peak aily attendance at the facilities to be 40,000. The Kankakee River State Park which is within 20 miles of the plant has an average Sunday swrer attendance of 15,000 to 20,000. No provisicn for disaster plans to handle this many people is available.
The names of the 19 public and private facilities should be named in the environmental statarent and identified on a map.
- 32. c.
De State of Illinois has plans for 316,263 acres of water for recreaticn use and of nature study, hiking and picnic areas in Planning Region 2 of which Wi'.1 County is a part.
Eere is an indication that the site has potential for outdoor recreational use during the day.
%e environmental st.ncnr.: should discuss this topic fully.
- 33. d.
More consideration and study should be given to the adverse effect construction and clearing practices for trrnsntission lines will have on wildlife.
- 34. e. There has not been adequate attention given to the old mine tunnels under the cooling lake.
Rese tunnels lie under 150 acres ot'the cooling lake.
"He envircrrnental statement should provide assurances that the abandoned mine workings will not become an avenue for underground drainage from the cooling lake and will not constitute a risk to the integrity of the perimeter dikes."
- 35. f. H e integrity of the cooling lake dikes should be questicned. He Interior Report indicates, "The spoil of the site area is among the nest calcareous spoil to reclaim in Illinois" anc that "there is enough sand to give it a slush-like consistency during wet periods and
'exi' flows may occur in times of heavy ainfall." ite integrity of the dike has rot been established.
- 36. g. Further study should be given to the leached chemicals from the strip trines into the cooling lake. The Interior Depart: rent feels this should have been included in the e:.vircnmental report.
It is their fear these leached chtmicals may alter the aquatic life of the Kankakee River.
- 37. h. Since the Illinois River will be cumulatively effected by wastes (especially thenml waste) from the Braidmod, Collins and Dresdan power stations, nore study sbculd be given the effects en the Illinois River with regard to effects on the aquatic biota, and connercial fishing.
- 38. i. Class 9 accidents have not been postulated in the environmental report.
Both the Interior Departrent and the petitioners feel that the effect of a class 9 accident should be stated in the report.
Evaluation of accident risk not taking into account class 9 accidents is misleading.
- 39. j. Provisien should be made and studies surveyed to predict and remedy groundwater contaminatien from seepage from the cooling lake. i;earby wells, some as close as 1,500 feet to the lake, may be affected. There should be core assurances provided that the Kankakee River will not become centaminated during periods of Icw flow.
- 40. k. Topography, geology and seismology studies were criticized by the Interior report as being inadequate.
There was no discussion of the underground mine which underlies 150 acres of the 5,0P's acre cooling lake. Tne geological map scale was too small.
It shculd have been " 20 to 100 times larger" (page 3 of Interior Report). There is no mention of what muld happen if there is seepage into the mine.
- 41. l-The effect of dewatering en nearby wells was not properly covered in the draft statement.
42.
Conmenwealth Edison has not adequately shown a need for the plant at Braidwux1. Present facilities and/or the expansion of existing facilities already in operatien tmy be adequate to supply the energy needs of the population.
RESERVATIOUS 43.
Petitioners have prepared this docment within 30 days of the date of the notice as it appeared in the Federal Register in order to meet the time li: nit established by the Carmission in~ its notice of December 15. 1978.
In detennining which issues to raise before this Cotriission, the petitioners have relied on some preliminary Corrrrreealth Edison documents and reports. Since the final reports and documents were not on file with the State Clearing House, specific detailed contentions were quite difficult to provide. Therefore, petitieners reserve the right to amend their Petition.
V cot!CLUSIOt1 AND FPAYER FOR RELIEF 44.
Based upon the foregoing, petitioners respectfully request that they be pemitted to intervene as parties in these proceedings and pray that the Cam.ission:
a.
Republish the Notice as it appeared in the Decctber 15, 1978, Federal Register since the reports and applications were not on file with the State Clearing House, Bureau of the Budget, Lincoln Tower Plaza, 524 S. Secend Street, Room 315, Springfield, Illinois, as stated and that the lack of such filing is prejudicial to the public's interest and may have resulted in a failure of opportunity of the public to ccnment on these proceedings as required by law.
b.
In the alternate to a. provide these petitioners an additienal thirty days in Wich to make nore specific
their contentions and to show their interest uefore issuing any ruling penritting or denying their right to intervene as parties, and c.
Deny Conrenwealth Edison's application for an operating penrit, or d.
In the alternate to c., condition such permit on the utilization or expansion of anotber plant.
Dated: J:,uary 979 Respectfully submitted, 0 f h_,~
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C. Allen ~ ck Bob ~ E. ifeiner, individually and as Attornev at Isa President of Attorn 7 cr Peti %one Bob Neiner Fanrs, Inc.
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Thomas /Gorden,'Acc6rney for Eleanor M. Neiner Petitioners
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Ant em. e baM lorraine Creek L ex J~ h'l V-u Leo Walsh
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Thomas Gordon Waaler, Evans & Gordon Attorneys at law 2503 S. Neil Champaign, IL 61820 217/352-7887 C. Allen Bock Attorney at law P.O. Box 342 Urbana, IL 61801 217/897-6208
AFFIRfATIOff I, Bob E. Ileiner, am a shareholder and President of petitioner Bcb lieiner Farms, Inc., and am also an individual petitioner.
I am informe-of the matters set forth in the foregoing Petition to Intervene and believe all statements made therein to be true to the best of my kmowledge and belief.
I am authorized to sign this Petition and make this affimation on behalf of Bob Ileiner Fants, Inc. and individually.
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Bob E. Neiner as President of Bob Neiner Fars, Inc.
and individually Subscribed and smrn to before re this (t4 day of January,1979.
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AFFIPl% TION We, Inrraine Creek, Eleanor Neiner, and Pat Neiner, are individual Petitioners. Ue are infor: red of the matters containul in the foregoing Petition to Intervene and believe all staterrents made therein to be true to the best of our imculedge and belief.
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inrraine Creek Box 139 Manteno, Illinois 60950 L' D ; nc:
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Eleanor Neiner Box 139 Manteno, Illinois 60950 0
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Pat Neiner Box 139 Manteno, Illinois 60950 Subscribed and s n.a to before ne this 12f day of January,1979.
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AFFIPl!ATION We, Leo and Alta Walsh, are owners of land in Will County, Illinob, and are infomed of the matters contained in the foregoing Petition to Intervene and we believe all statemnts made therein to be true to the best of our knowledge. We hereby affirm that we wish to be included as an intervenor in this matter.
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Leo Walsh 14.
kN-PGk Subscribed and sworn to before m is e,4 day of January,1979-c.9A 6A tbtary Public
AFFIRMATION I, C. Allen Bock, am the duly authorized attomey for the petitioners nared in Section I above of this Petition to Intervene and admitted to practice before the Illinois Suprare Court, the highest court in the State of Illinois.
I am infonred of the matters in the foregoing Petition to Intervene and believe all staterents made therein to be true to the best of tref knowledge and belief.
I am authorized to sign this Petition to Intervene on behalf of all the Petitioners named in Section I above.
C Allen Bock Subscribed and smm to before me this /L/7 4 y of January 1979.
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LUI' ICE NO PROOF OF SERVICE TO:
Executive legal Director U. S. Ucclear Regulatory Cxmission Washington, D. C.
20555 John W. Rowe, Esq.
Isham, Lincoln and Beale One First National Plaza Chicago, IL 60690 Please take notice that I have filed the original and twenty ccpies of the attached Petition to Intervene with the Secretary of the United States duclear Regulatory Catmission, and that I have served a true copy on each of you by depositing a pre-stamped, properly addressed envelope in the U.S. Post Office, Cha:Taign, Illinois, before 5 p.m. this 12th day of January, 1979.
C.
A C. Allen Back Attorney at Ira P.O. Box 342 Urbana, IL 61801 (217)897-6208 (For Service)