ML19309G548

Forwards Affidavit of N Contri of United Steelworkers of America 6787 in Response to 800312 Prehearing Conference Request.W/Certificate of Svc & Hl George,C Read,J Weinberg & RP Pollock Affidavits Supporting City of Gary Petition

ML19309G548
Person / Time
Site:	Bailly
Issue date:	03/28/1980
From:	Cohn D COHN, D.B.
To:	Bright G, Cole R, Grossman H Atomic Safety and Licensing Board Panel
References
NUDOCS 8005070134
Download: ML19309G548 (17)

Text

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MC(HinESPONDENCE DOCKET HUMBER -

p'D,'& UIlL FAC. *kpr.. m DIANE B. CoHN ' 3 0 fJ507 o -

ATTORNEY AT LAW 2000 P STREET. M. W.. SUITE 700 WASHINGTON, D. C. 20018

. (202) 3704 March 28, 1980 Herbert Grossman, Esq. d I c3 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mcmgo g N USNRC -

Glenn O. Bright U.S. Nuclear Regulatory Commission 95

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Richard F. Cole U.S. Nuclear Regulatory Commission 4 Washington, D.C. 20555 g ggs

Dear Sirs:

As requested at the Pre-Hearing Conference on March 12, 1980, I am hereby submttting the affidavit of Nickolas Contri, a member of United Ster lworkers of America 6787 and an employee of the Bethlehem Steel Company's Burns Harbor Plant.

Also enclosed are executed copies of the Affidavits filed in support of the supplemental petition of the City of Gary, et al. The Affidavit of Henry L. George, Acting President of EcaT 6787, is substituted for that of David C. Wilborn, who is now unavailable. The substance of Mr. George's affidavit is identical to that previously offered on behalf of Mr. Wilborn.

Sincerely,

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Diane B. Cohn cc: Service List k

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CERTIFICATE OF SERVICE I hereby certify, thi.s 28th day of March, 1980, that copies of the foregoing letter have been served by mail, first class and postage prepaid, upon the following:

co e' 4 Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission S DOCKEED 3 Washington, D.C. _ 20555 USNRC ,

Glenn O. B ight 9] MAR 311980> It U.S. Nuclear Regulatory Commission Washington,.D.C._._20555

" Officeof the DWh6ng h

. . . . . . _ . di - d Richard F. Cole cv f U.S. Nuclear Regulatory Commission N Washington, D.C. 20555 Docketing and ServicA Sa'c. tion --

Office of the' Secretary .J:

U.S. Nuclear Regulatory Commission

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Washin'g ton, D.C. -20555 Shapar, Esquird? If ~

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Howard K.'

_ Executi.ve Legal,D,irecEori [,~'

--- - U.S. Nuclear Regulatory Commission

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Washington, D.C. 20555. -

Steven Goldberg," Esquire-Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George Schultz 110 California Michigan City, Indiana 46360 William H. Eichorn, Esq.

5243 Hohman Avenue Hammond, Indiana 46320 Dean Hansell, Esquire .

Assistant Attorney General l

I Environmental Control Division l 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 -

s Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chi.cago , Illinois 60602 Edward W. 03 ann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza- T---

44th Floor -

Chicago, Illinois -60611 Mr. Mike Olszanski -

Mr. Clifford Mezo United Steelworkers of-America 3703 Euclid Avenue ~

East Chicago, Indiana 46312 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinoi 60604 -

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Mr.. George Grabowski __

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Ms. Anna Grabowski .

7413 West 136th Lane -

Cedar Lake, Indiana ~ 46303 . .L.

. _ . . . . _ _ .s Stephen'Laudig, Esquire 445 North Pennsylvania-Street

, Suite 815-816 Indianapolis,' Indiana'-'46204,

. Kathleen Shea' - -

.Lowensisin, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D.C.- 20036 Robert W. Hamme'sfahr', Esq.-

200 East Randolph Street Suite 7300 Chicago, Illinois 60601 Michael I. Swygert, Esq.

25 East Jackson Boulevard -

Chicagos Illinois 60604 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 -

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Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Diane B. Cohn

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Suite 700 2000 P Street, N.W.

. Washington, D.C. 20036

- (202) 785-3704 Attorney for Petitioners

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yymy CQBRESPOWENCE UNITED STATES OF AMERICA t-*

NUCLEAR REGULATORY COMMISSION 9 g

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BEFORE.'THE ATOMIC SAFETY AND LICFNSING BOAP D" g 3 2 lggg 8

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) to V NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMMISSION ) .

(Bailly Generating Station )

Nuclear 1) )

(Construction Permit Extension)

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AFFIDAVIT OF NICKOLAS CO'NTRI ~ I Nickolas Contri declares and states as follows:

1. I am a member of United Steelworkers of America Local 6787. I am also an employee of Bethlehem Steel Company's Burns Harbor Plant, where I have worked for the past nine and one-half years.

2. Because the Burns Harbor Plant is located immediately ,

adjacent to the site of the Bailly One Nuclear Generating Station, an accident at Bailly would threaten the lives and jobs of my fellow workers and myself. The risks are increased because of the lack of adequate evacuation plans to protect employees of the Burns Harbor Plant in the event an accident occurs.

3. On April 5, 1979, I attended a meeting of the general m5mbership of Local 6787. At that meeting, I voted along with an overwhelming number of those present in favor of a resolution which authorizes the sofficers and executive board of Local 6787 to take whatever action is deemed necessary to stop the construction of Bailly Nuclear One. I and the members of Local 6787 have l

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therefore specifically authorized the Local to participate in this proceeding to urge that NIPSCO's request for a construction permit be denied unless it can demonstrate that realistic evacuation and emergency re'sponse plans can be implemented.

In accordance with 28 U.S.C.

S 1746, I declare under penalty of perjury that the foregoing

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• Exhibit A

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BELATED CORRESPONDENCE CD Y  %

'BEFORE THE ATOMIC SAFETY AND LICENSING B0 ~ ~ }, y

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9} MAR 31108C > 31

- Officeof the Secetary  %

In the Matter of & Service

> ch U NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY ) y  ;%

(Bailly Generating Station, ) '(Construction Permit Nuclear 1) -

Extension)

- AFFIDAVIT OF HENRY L. GEORGE Henry L. George declares and states as follows:

1. I am Vice-President,(Acting-President) of the United Steelworkers of America Local Union 6787, which is seeking to intervene in this construction permit extension proceeding.

2. Local 6787 represents approximately 6,000 employees of the Bethlehem St eel Company's Burns Harbor Plant, which is immediately adjacent to the site of the Bailly One Nuclear Generating Station.

3. In the event of a nuclear accident at Bailly, the health and jobs of i

these members of Local 6787 would be seriously threatened. This fact is  ;

1 compounded by the lack of adequata. evacuation plans to protect employees of the Burns Harbor Plant in the event that an accident should occur. l

4. For this reason, on April 5,1979, a meeting of the general membership overwhelmingly approved a resolution authorizing the officers and executive b'ard o of Local 6787 to take appropriate action to challenge the construction of Railly in view of the lack of emergency evacuation planning. A true copy of the resolution it attached to this affidavit.

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5. Because of the risk to the health and livelihood of the members of Local 6787, NIPSCO'S request for a construction permit should be denied unless it can demonstrate that realistic evacuation and emergency response

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plans can be implemented.

In accordance with 28 U.S.C. S 1746, I declare under penalty of perjury that th's foregoing is true and correct.,

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_ Ilenrp L. George "

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Whereas: The Northern Indiana Public Service Company proposes to build the Bailly Nucleat One Generating Station on a site immediately adjacent to Beth-lehem Steel's Burns Harbor Plant and Whereas: The recent Nuclear accident at Three Mile Island Nuclear Generating Stacion near Harrisburg, Pennsylvania is, although the most serious, only the* latest-in a long series of accidents in Nuclear Power Generating facilities, and Whereas: Such an accident, should it occur at the proposed Bailly Nuclear One Plant would seriously threaten the health, and jobs of the members of Local'6787 working at the Burns Harbor Plant and ,

Whereas: If in the event of .such an accident the evacuation of the employees of Bethlehem Steel should become necessary, the present evacuation plan would prove inadequate in that it is inspecific, out of date, and un- -

tested, and .

Whereas: The radioactive emiss. ions of, nuclear generating facilities in norma'l __ '

operation have been shown to cause significant and unacceptable in-creases in the rates of cancer, genetic birth defects and infant mor-tality among populations immediately surrounding dhe plants and

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Whereas: It is the responsibility of Local 6787 USWA to protect the lives, health and jobs ef its membership and tha surrounding community.

Therefore~be it resolved that,

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The membership of Local 6787 USWA hereby gues on record as being opposed ~

to the' construction of the Bailly Nuclear One Generating Station and hereby in-structs,the officers and exegutive board of Local 6787 USWA to take whatever ac-tions it deems necessary to stop th,e construction of Bailly Nuclear One including accepting the offer of the Public Citizen's Litigation Group to take legal action against NIPSCO cad the Nuclear Regulatory Commission in regard to the proposed

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evacuation plan for the Burns Harbor Plant. .

. .e LABOR D0 HATED ,

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Exhibit B DELAT&Q CQRRESPONDENgp UNITED STATES OF AMERICA DCcxngo NUCLEAR REGULATORY COMMISSION , UONac

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- MAR 3 1 1939 , y

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cirmeet a BEFORE THE ATOMIC SAFETY AND LICENSING BOA p -

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fu In The Matter of )

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NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-2G7 SERVICE COMPANY )

(Bailly Generating Station, ) (Construction Permit Nuclear 1) _ _

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Extension)

AFFIDAVIT OF CHARLOTTE READ _ .__

Charlotte Read d'eclares and states as follows:

1. I am a member and Executive Director of Save the Dunes Council, a 27-year old membership organization established for the sole purpose of preserving and protecting the Indiana Dunes for public use and. enjoyment.

In the 2-1/2. decades -

since the group's formation-, we have spearheaded citizen __

efforts to pass legislation establishing the Indiana Dunes National

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Lakeshore in 1966, and' enlarging it in 1976. We are currently engaged in similar efforts to pass federal legislation which would again enlarge the park.

2. Save the Dunes Council seeks to intervene in these proceedings on behalf of its approximately 2000 members who are visitors to, and users and supporters of the Indiana Dunes National Lakeshore. Some of the members of the Council, including myself, also reside within or near' the boundaries of the Lakeshore.

3. The continued enjoyment of the Indiana Dunes is now threatened by construction of the Bailly One Nuclear Generating

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o Station. The Indiana Dunes National Lakeshore extends east, west, and south of the site of the proposed Bailly nuclear plant, with the boundary of the Lakeshore's Cowles Bog Area lying a mere 800 feet from~the site of the reactor building. ---

Despite the close proximity of Bailly to the Lakeshore, which

attracts thousands of visitors each day during peak season, it has never been shown that these populations could be evacuated within a reasonable time in the event of a nuclear accident. Of course, due to the fact that the Lakeshore is located directly adjacent to the Bailly site, visitors to the lakeshore could be unknowingly exposed to radiation in the event of a release before any evacuation measures can be undertaken.

4. Becau'se of the' lack'Ef consideration'given emergency planning, on September 5, 1979,'the Board bf Directors of Save the Dunes Coun'cil~, which is'el~ected by our general member-ship, voted to take all appropr' ate i action to oppose construction- - - -

, of Bailly. The Board voted specifi~c ally to join the City of Gary, Indiana, United'Steelworke~rs Local 6787, the Bailly Alliance, and the Critical Mass Energy Project in petitioning the Nuclear Regulatory Commission to stop construction, unless and until it has 'been demonstrate'd that evacu'ation o'f the Lakeshore can be accomplished in the event of a nuclear accident.

5. Unless NIPSCO makes such a showing in this proceeding, Save the Dunes Council contends that the requested construction

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a permit extension / nould be denied.

In accordance with 28 U.S.C. S 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on h d ~5, 14 9 D .

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CHARLOTTE READ

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J' Exhibit C

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UNITED STATES OF AMERICA O I NUCLEAR REGULATORY COMMISSION D, BEFORE THE ATOMIC SAFETY AND LICENSING BOARD t MAR 319% g In The Matter of ) cl

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NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 g SERVICE COMPANY )

(Bailly Generating Station, )

(Construction Permit TV

-Nuclear 1) )

Extension) =

l AFFIDAVIT OF JACK WEINBERG Jack Weinberg declares and states as follows:

1. I reside at 7,515 Oak Avenue in the City of Gary, Indiana. My residence is located approximately 8 miles from the proposed site of the Bailly One Nuclear Generating Station.

2. I am a member of the Bailly Alliance, a coalition of individuals and community groups representing persons residing in 12 northwest Indiana communities in close proximity to the Bailly site. I am also a member of the Bailly Alliance steering

- committ'e,e which consists of representatives elected at meetings of the general membership, as well as representatives of member community groups. I have voted along with the membership and the steering committee to authorize the Bailly Alliance to intervene in this nroceeding on our behalf.

3. Because 'and other members of the Bailly Alliance reside in communities ad 3 cent to or in close proximity to the Bailly site, our health iIQ safety will be jeopardized in the event of l a nuclear accider:. This risk is aggravated by the lack of acceptable evacuation plans for the highly populated areas surrounding the Bailly site.

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4. For this reason, the Bailly Alliance seeks to intervene in this proceeding to oppose extension of the construction permit, unless NIPSCO demonstrates that realistic emergency evacuation plans can be implemented.

In accordance with 28 U.S.C. S 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed -

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Exhibit D JJaIATEQ CQ3RESPONDENCE

" e UNITED STATES OF AMERICA g NUCLEAR REGULATORY COMMISSION S

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BEFORE ' THE ATOMIC SAFETY AND LICENSING BOAR ) - e MAR 3 I IS30)  %

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In The Matter of ) D3

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NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY )

(Bailly Generating Station, ) (Construction Permit ~~~

Nuclear 1) ) Extension)

AFFIDAVIT OF RICHARD P.-POLLOCK Richard P. Pollock declares and states as follows:

1. I am Director of the Cr).tical Mass Energy Project, a branch of Public Citizen, Inc. in Washington, D.C.

2. CMEP is a public intere'st organization dedicated to the development of safe and efficient energy technology. As part of its activities, Critical Mass has participated in numerous proceedings before Congress and the NRC in an effort to promote the implementation of effective requirements for prep'aredness in the event of nuclear emergencies.

3. On August 6, 1975, CMEP, in conjunction with the Public Interest Research Group, filed a petition for rule-making with the NRC on emergency planning for nuclear accidents.

On May 9, 1979, CMEP filed a second rulemaking petition with the NRC on emergency planning, which is still pending before j the Commission. CikEP has also filed numerous comments in response to NRC proposals on emergency planning for nuclear i

accidents, most recently in response t'o proposed new rules for t

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10 C.F.R. Part 50 and Appendix E, published in the Federal l

Register on December 19, 1979. ,

4. As Director of CMEP, I have testified in numerous Congressional hearings or. the subject of nuclear emergency and t

evacuation planning. These include hearings before the House Subcommittee on Environment, Energy and Natural Resources (May 7, 1979) and the U.S. Senate Government Affairs Committee l

(May 9, 1979).

5. I have also served as a consultant to Sandia Laboratories

~under contract to the NRC for the transportation of radioactive l

materials in urban environments. ,_Part of the panel's work revolved around emergency planning for radiological accidents related to nuclear cargo shipments. Most recently, I served as

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consultant to the National Academy of Public Administration for the 'NRC's Special Inquiry Group into the acc.ident at Three Mile _

Island. The subject was " Reactor Crisis Management - Emergency Planning" and is part.of Volume II of the Rogovin Report.

6. I have also appeared before the U.S. Civil Defense

' Councii and the U.S. Conference of Mayors and the National League of Cities to address emergency planning and preparedness.

I authored a feature article on emergency planning for the monthly magazine of the National League of Cities, entitled

" Planning Against a Nuclear Emergency in Your City." (Nation's

' Cities, February 1978).

7. Finally, CMEP has directly promoted the need for routine evacuationg tests and drills. I assisted the officials

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of Waterford, Connecticut in 1978 when the township prepared an evacuation drill for the three cities surrounding the Millstone nuclear site. I served as an observer for the evacuation test conducted in December, 1979 in Wilmington, l

l North Carolina for an exercise conducted around the Brunswick nuclear power plant. -

8. Because of my extensive work related to issues con-cerning emergency planning, I would be prepared to testify and believe that I could substantially contribute to the develop-ment of a fullter record in this proceeding.

In accordance with 28'U.S.C. S 1746, I declare under penalty of perjury that the fore ing is true and correct. Executed on shneuw AA /9 30 i

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