ML19319C697

Transcript of 730807 Hearing in Cleveland,Oh.Pp 1037-1120

ML19319C697
Person / Time
Site:	Davis Besse
Issue date:	08/07/1973
From:	Farmakides J, Frigerio N ARGONNE NATIONAL LABORATORY, Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8002260825
Download: ML19319C697 (84)

Text

{{#Wiki_filter:% 3M,SM59F.%?$lT@I.M@@$.~$@N. M@d,.mW@w 1 M MMf$$.4m.[NO2 U NW%A m.I N N N Nn + w$. m$. M a n Mw M M ..M [O i. k, 4 M

w. sn. m...

v ~w p - w.pm.,;*. 93.,g:e.,7,.ne*m.* M % . n.f 4 %,.,m e q: -. $ *.,m[ g g ~. 4,i*.%w~( 6 % A %4+ &. W(g.,#z + n ; w. %,.. c~ w$ g'";J'-..,; e., m.

• ?

h 74.. M g ;< c; WM w w %;A '~k,* : e,4. M,, s.em s,.wm,a..v. i A%g '%X J.*r,~~ ig - ~~y ??.,.. e *<. y.- s,

y, L.

y .u ..,i w,. c& L..,. o.v. m.u.v"g u 4 m

• '2 1-

~ _ ' 3 a'%.s + a'c w g.,. 1 %..w.{.Q. [a., TJQv'ig3 p _., ap' , ',gg b .. v k :x", (. a,,,. e. is *Q d.m p i M W<w, Jw qq w :. c,,q

m".,,

rg , ;;.g,<ayyy -. s& g n_ gw m 5 n..t 1 wl. , 4. g4 3n pg_ %;4, s ~ 3 .s.5 ~ >.; x, g WPW@ %.:t.k.: *m' R_ w$%Wyl$ %m:.h WW :? MJ GW ,a,z a v e .ev a. x m.s nw~ n ?anc .a,al. mm .w m&N&iN@ ~ W *: Q

• MWU

^^ , ?? E 'X d.' > 3' va:x.vm$NMlEUNITE.D. STATES ATOMIC ENERGY. COMMISSION WD#M &%.; w hf. '?&m n.w. ~. m?MPMMhMW%:%MM%M W JMM'% Wllc ' Wh$Yh Y &,Sk,. , ~~ ~k.As:' 5 h-f? ~ '.,  ?'1 ~ ~' Wi l /~ dv@eWBff +

$$@GuilTOREDDOKFRMLEQOP En5 e

WMMMMSNO

• s 0r70 t

&mif%g.c ,d @%@%w%mmv. w m mm w en + x . - AUG14.Wp w MFM-v M dLWWM4h 'Rw;- % e

1. .pV (. qAf h.M. s $. m $: w% @;.. J N M W.yt.- r:e,o g s,a. O p %,

gg-%. n e-j k '.. :.,_ ~ c..s J .vm pl". ;T. W-HpW wm w c c +. e iw. v b %y ?. $. ggg -$d. k..g-4 gg@w%az.w$D M . 6 @3 - t, 9 MW,w@ $u., d.,0,mm, - S R E

m h w# 4 n

y.%,%s '+-... - sm.nm ,.. e,, M y n.. A --:Q; & & &. $r :u_PRd.%s%AM &,.~pO. M,% " n*' 'k;?'D

• o m

N - /QP JW' 5$ U, Y MAN & *:,{? ^d'49*b L, '?; t: 2v 1MWAW G IN THE MATTER ~OF:

yww.ww%. l m.v.m x;

.mm w mum m w 'pc Q1r 49 p : m. n 71' . m '....

/suen'&.

s n :Ju. i.'.,.. %::,W:'. 7 # :q > % W,5 q :> f 1' p e y **m: ~% .pf y":c?.. A ' v, V: -.~ t %pw%;g y:.w -Y c v w.M, 9 a : ' 4 ' d.Kr?...&;%.., t*%, e y, -{ ".

- r. w pp.typ,.

qs v 2 u -34

3..

r-y r in 7 s, w @3.,4 %u % U u T. ~ 9 Y e m.M W 6ATHE. TOLEDO EDISON COMPANY- *~' ~ y' s. mc e. m .i pp dyifM;[andlTHE l CLEVELAND ELECTRIC 1 M.,% g ao u,#,ING,: COMPANY. ,m'N - Docket No. 50-346 jdM M 2 $w iMILLUMINAT g

7. a n;n.%,# #g e w o.x,m w w+,,,. ~ 1 s u.,

, ~,..w. _.a ~u,.: . m x, w sw W,7 wen;,mz.: m@L n. w w. W M... -:e t n n-s w; a

Q-7 Da@is. dess's? Nuclear Pow'r-

$wW 14 ..%f. n(2 Station) e, W w. M %p@h e a '9 My. &. _ $ ' a,a " 1, ".. 1 J C M:W@MMMM@v%..-u ?.v.P g~Y L![ ::]'FN M M

1. . M @'

f.M T $ % ..;? , w:f p. @{ 8. g %, w. w.{ w n p m .2 ;m n n w s A. Q; *9 y N. x;. y un .x.w m a~,: w M.o Au , n s m 4.j %87 f f:pshD$ ~Qig.n, Tt'. ,he &,L. h..=, ~ M+ - a' N'c. ^,'

• i

^ + ,': k, m s' ....g. ,m g 9 so s h hh .;,hnh k.., k+, f,,Wu.d M Q ~jt }r W' n.mp y,y.m. m o ma.wmmm mry(.M, y, _.F hn f. ~. 0. ~..=...d... C W, ?ci. .s . / @y y ~ y n. 6 W. W. .g i ~' ~ + h~m_n, e,s., - ~ > s 7n . w .x, W.. w ~ h. n e. w, h ~ k W h ~ &, ha + f Y 0' L ~ N~ .. p c n. hk h h ? w%3;M g,. g?@,~./. hI'mM PlaceJ-MMCleveland7.O.'hio ? 0.6. ? ' v n f,..V, ~ e,.mnn -..M.", .c M "%* k+MO:..,j'

• hM-'n.

Dj(Qg'~1' " Angus't'[1973"[ .l Pages 1037 - 1120 Nr[.f E,' m ,I N +,b. s(*[* , N,C : { Y* ~. y t m, m ds4d 3 mw. g.-- 2,A q.wn@ ug m. s-5 < c 3;,g*;; f _ ' -".4 a n#-vm y 'c :.ew g wn; 5 p.m* 4 4,n uw..,~My x'%..A g w u-.: mW :.s,.i-( r.. . x. v + .a,w m.4v. %n;,, . e r ,p

., s m

a. ym4, w;,q,

,~ 'u y s..;&, r. n_.,. 3.,,,3s:.,., ; m 4.. y. , - ~ u.a.~ ee.m m.m u. .ay .e u. s >ym

3 ;

4 :-v

m. n,u.sy

v> o n

Nr. - t Mg. v ~ ... W.~. n,awks,gm.n . W www.,M~ n m S@msgmw e acWm.ch, a-W p %p;VNd QQ@g=s@m$h THIS DOCUMENT CONTAINS -2f:k* w.: gm fVQ Tf An ud *WWW % p n h, am %~y%s,

e. <: %.,. {w. +..ww m.

% %> M ~M_ M G. o M.e w. s;M. w * % POOR QUALITY PAGES + 'L m.o g.h. :-@Jwn . W..e_ *g+.?; a Q , c w w J. .n, A, nC .,n :,.w@?m.+ %, s. d, w% a ~ ~ ? sw; i:,m.. M@ff mL o, ^ - nw My*jW..n.L .a 'hd @ y.PV Mielephone: jhh@hf 4 (Code 202) 547-6222 p, 8 ' '. ',. : s k 'x w. th x ~ ~., w ...~n v. lt , ORTERS, INC. h e % Q.g + [ ' ' h :.v MU' ' J,, sf'p.' ;:

l Official Reporterp sm. -

w ij@uh. w%.... - d', mms ag-y, t f S.g' 8Wk .% 4.._ k ~ <4 M.t415 Second Street, N.E. a4s E?c '*W y-4, l M %: w @w s, y

Washington, D. C. 20002

'.~ E t a

m. 6

+ ,2,M@ w 2 w ~. ~ 4' ~ NATIONWIDE COVERAGE .M-,Wn.$,Q _M,,6.g., >.,5 ~.m ? vu tv -p1 g WW %%.%.t. -Qy.a).. 7 n y&s,p W gj N S, T ./ ~ 3.;. v e e p*. n s.. y 3-2% an, a /e 0 Q.R- - r u..p@. V,p: g-y p .. w. y . ' f, w,,,, y y y &y:p4y-..-Q, p>q;, <sg. .. w;.. y, tw. .a r 1,.:: s y, 7 ,5 .J g-y y :< > ^ - ..wn, s.r,. , f, [W;,_. mm t rc3/ q q4 ;,y'bjj,eh? y$. N. w S.-' #g x c w, v,M, m m I . 'x : F.( ~ [_ N-., ~I " T-s.t*, N,- s r - m- ,a. aa a 1 s ,nyg-N.m; -,. x ;, y w 3 .r t h

+ .. A 1037 I JRB c ].rbi UNITED STATES OF AMERICA 2-ATO:'IC EUERGY COI"i!SSICM 3 l g 4 In the Mattar of: 6 THE TOLEDO EDISON COMPAIP' and THE CLEVELTC3D ELECTRIC Dockot No. 50-346 6 ILLUMINATIUG COMPANY 7 (Davia-Bosse Huclear Power Station) 84 S Ant:1cny Celebrazzi suilding 10 1258 East Minth Street Clevelt.nd, Ohio 11 Tuondoy, 7 August 1973 12 I Hearing in the abo h entitled matter was 1S reconvened, pursuant to adjournr.ent, at 10:00 a.m. 14 ~ BEFORE: 15 JOHN B. FARMAKIDES, Esq., Chairman, te Atomic Safety & Licensing Board. 17 DR. CADET U. HAND, JR., Mea.ber, 10 FREDERICK J. SHON, Member. 19 Appearani. ec : ~ 20 As heretofore noted. 21 22 ( 23 24 25 8 L.

,u-1038 j ,1 Inl 1t C,O,M T E,g T S 2 L MIT.lESS : DIRECT CROSS REDIRECT RECROSS 3 l Norman A. Frigerio 1070 1001 4 E111E111 5 MU!t223: FOR IDENTIFICATION,~1 EVIDENCE 2 Gi (In tervenor ' c:) y 16-A through 16-GS Various advertising 8 material of tho 4ppli-cants and respona.25-to 9 certain intarregu. tories. 1047 1047 10 17 " Radioactivity in Air, Milk and Water," Oct.- 11 Dec. 1972. 1057 1057 12 10 Radioactive Uasto Dis-charges to the Environment g3 from Nuclear Powar Facilities," \\ 3RH-DER-70-2. 1057 1057 14 19 Preoperational radioactivity monit.cring pregram at 2eavar 15 Valley Power Station, Jan.-Jun 1971. 1057 1057 16 19-A Prcoperational radioactivity 37 monitoring program at Banver valley Power Station, 18 July-Sept. 1971. 1057 1057 19-B Preeperational radioactivity monitoring program at Leaver 20 . Valley Power Station, Oct.- Dec. 1971. 1058 1058 21 19-C Preoperational radioactirity 22 monitoring program at Beaver ( Valley Pouer Station, Jan.- 23 March 1972. 1058 1058 24 19-D Prooperational radioactivity monitoring program at 3cavar Valley Power Station, App. D. 1050 1058

1039 (Exhibits Ccntinued) !Ih 20 " Report of Roacher Oparabicas for in2 ll NASA Plumbrcoh Racctor," April 'c71 - May 1972. 1053 105G 3 21 'Penn.sylva.:in Ocpartment of Enviromental Resourcoa, KO.ter 4[ Quality Network andiccchivity "ecultu," Aug. 1964 - Aug. 1972. 105C 1058 SiL 22 "Scao Cbservaticua on the S Reportc of rzcassive Radic-nuclidea in the Ghippingpert 7.. Area," by Irving Michr21sca. 1053 1058 t I s 23 " Statement of Prof. .rold Ts. Rosenthal,"Nashington G University. 1955 1055 10 24 " Radiological Monitoring Program, Ohic Department of 1; Health," 1966, 1967, 1960. 1959 1059 12 24-A " Radiological Monitoring Station." 1059 1059 13 24-D Chio Department of Health 14 Report, Radiological l Analysia, Ground and 15 Surfnca Waters in Ohio, Jan. 1059 1059 gg 24-C (Same ac 24-B) Jan., a dif.feront location. 1059 1059 17 I I 24-D through 24-G inclusive. gg (Same as 24 B) Feb. through May, consecutively. 1059 1059 19 24-E (Same as 24-3) May, a different area. 1059 1059 P.0 24-I through 24-0 inclusive. 21 (SAme ac 24-B) June through Dec. consecutively. 1059 1059 22 24-P (S?.na as 24-3 for 1963.) 105?> 1059 23 24-AA (Same as 24-P) 1059 1059 24 24-EB (Same as 24-3 for 1964) 1060 1060 25 24-CC (Same as 24-3 for 1965) 1060 1060 1 I

1040 (Exhibito Ocntinued) in3 sg-j 24-0D (Sere ac 24~E for 1955.) 10GO 1060 2 8 24-23 (Same as 24-3 for 19G7.) 1060 1060 Eh 24-;?F (Sanc as 24-3 for 1963.) 1060 1060 4 24-GG (Gmac as 24-B for 1969.) 1060 1060 ~ 5 i e 6 j (Applicant's :) 12 Testimony of W. D. Eowe of 6 EPA before Gcvernor'c Committee in Aliquippa, Pa., aly 31, G Aug. 1 and 2, 1973. 1050 1050 10 15-A chart, Annual Average Total Activity in Untreated Lake 11 Water, 19G3. 1061 1061 12 15-3 (same an above.) 1967. 1061 1061 l 13 15-C (Same aa Above.) 1959. 1062 1062 14 15-D (Same as Above.) 1971. 1062 1062 l 15l t 16 j (Staff's:) 17 1 Letter 23 Cet 1972, Gofman to Frigerio. 1072 1072 TG lQTJ 2 Letter 10 Dec. 1917, 19 Gofman to Frigerio. 1077 1077 20 3 Lotter 18 Dec. 1972, Frigorio to Gofman. 1079 1079 21 4 Letter 5 Feb. 1972, 22 Gofman to Frigerio. 1081 1081 23 5 Letter 21 March 1973, Gofman to Frigerio. 1086 1086 24 6 Letter 27 March 1973, 25 Frigerio to Gofman. 1088 1003

1040-A in4 1 (Ethibits Continucil) 2_ '7 Letter 2 Apr 1973, g, Frigerio to Gofnan. 1089 1089 3lj 3 Letter 21 thy 1973, 4 Frigerio to cofree.n. 1039 1989 5 6 7 8 9 10 11 12 .i 13 14 15 16 17 10 19 20 21 22 \\s. 24 25

CR2817 1041 UEL 1 1 .P _R_.0 C .E._.E.D.I_ f_l _G.S 2, CEAIRMhN FAP11AEIDES : Th*2 hearing will be in 3 order. 4 Before we go to the motions this morning, let's 5 complete sc.me of the adminis rativa chores that are still i 6 outstanding. 1 7 on the prcpoced findings, by agreement of thA 6, parties, approved by the Board, we will adhere to the o j following schedule: j 10 Proposed findings of the Applicant will be 31 submitted five work days after today, which is August 14. 12 The proposed findings of the Intervanor, then, 13 will be submitted ten verk days after today. That's August 14 21. 15 2ropcsed findings of the Staff vill be twelve 4 16 work dayr after today, which is August 23. The Applicant's reply would then be due fourteen 97 18 w rk days after today, which is August 27. 19 Also, please, along with the proposed findings, r before, but no later, submit your proposed corrections to 20 $U NO the - t.rans cript. We'd 1-i-ke N to have that as quickly ,,1 i as possible. .s2 cn y,w yu p op sed findings please 23 submit a list of all of your exhibits by number, by some 24f E "~ ~ 25

I l 1042 1(f I Also we have cutstanding Intervenor's D:hibits j wel 2 r } 2f 1 throagh 6. We received them but we loaned them to Mrs. l 1 3' Stebbins so that sufficient cepics could be made for the ~ 4 Dcard and for the reccrd. I'd like ho have that clarified. I 5 MRS. STEBaINS: Meil, I've got it here in this O pile. 7 cnAIRMAN FARM.uIDES: F f.ne. Before this r.accttd.a eornROhco EM 8 c -^ r " ...p 1..: h morning we'd g like to have these, Mr. Baron. 10 MRS. STEEEIUS-Yes. 11 CIIAIRMAN FA.:JiAKIDES : Sacondly, there was a stipu-12 lation henween the parties thah I ascume hac been conpleted. 13 I'd 1.ike to have that either in writing or it can be read 14 into the record in order to preclude further delay. 15 Thirdly, there is either an agree.nant or a 1G stipulation with respect to Intervenor's Exhibits that was .37 going to be worked out yesterday afternoon, last night or 18 this morning. I'd like te hear en that, too. h And then any other natter of cs.:c. & O NhW&t (y u st. rat *.ve gg 20 nature which the parties uould like to raise would be fine. MR. KARMAN: We have some motions before the 21 Board. 2 CIIAII'JtAN FARMAKIDES : Yes. g p Following these administrative dutics we vill go to the motions, and we'll hear discussion on the motions. 1

1043 I wel 3 I And that will go kn the order of the Intervenor first, then l j } } 2 the Applicant, then i e Staff, and then reply by the l 3 Intervenor. l 4 We vill then adjourn for as 'cag as n.cessary for r 5 the ourd to try to resolve mch of the motions bcfic: 'm vtC ' O. B h'a hepa we can do so. If we cannot, then we 'll hava to 7 defer ruling. But we would prefer io rule on the motions j 3 'l tcday so that you all can have the benefit of our thinking 9 on those motions, i 10 And that's the. agenda for this actning. So we 11 can proceed ncy with th questions involving.<the stipulation. ja MR. CHAFEOFF: Mr. Chairman, may I just add another ~ 33 agenda item? 34 Near the close of the session Mr. R7.Je hac some 15 corrnents en the limited appearance statements. I think we 16 received ::ome frcm the Staff ycG~erday. And at any time it's convenient for the.30ard, Mr. Rowe has a statement to make 37 on that. yg 19 CHAIPd&J1 FAFJU.XIDZS : How much time would that 20 taka, Mr. Charnoff? MR. CnARNOFF: Ten minutes, fifteen minutos. 21 CHAIRMAN FAmtAKIDES: Is there any way you could y write it and submit it to the record? g MR. CHARNCFP: Yec, Mr. Chairman. y CflAIRMAN FAMIAKIDES: Let's do it that way. I g

1044 wel 4 I think it's too late nou. I'd just as scan complete the 2 hearing this norning, if at all poasible. 3 All right. How about the stipulation, Mr. Ba;0n, 4 Mr. Charnoff, vhichevar one of you wante to carry the ball? 5 Mn. Banca: Mr. Charnoff c.nd tira. Stebbins ucre L 6 able to sgree on a stipulation pertaining to the issue number 7 1, with respect to all of the advertisemanto cnd correspon-O dence that CEI had been printing, and they're now being g ntaberod. And wo ' sere just going to offer them as exhibits. 10 They'll be one number, and consecutive -- you know, A,B, C, }} ct cctcra. 12 CHAIRMAN FPJLV.XIDES : Do you want to read the stipulation into the record, sir, or are you going to sub: nit

3 it?

14 MR. CUARNOFF: The only stipulation, sir, is taa 15 we have agreed -- I believe tha Staff has eco -- to the 16 receipt into evidence of Intervonor's Exhibits -- I believe 37 they are 16, sublettered with alphabetical latters -- gg CHAIRMAN FARMAKIDES: Is that correct? Let's gg be precise. 20 MR. B ARON : Yes. 21 MR. CliARNOFF : And no inference uhatsoever was 22 stipulated to by the parties, and each of the parties may 23 draw whatever inferences they wish in the way cf proposed 24 "9** 25

I 104o 1 wal 5 1 The documents are esacntially copics of advertise-2 ments that Mrs. Szebbins wouli lika to have in the record by 3 either or both of the Applicante over a pericd of yeara, 4 certain memoranda relating to advertising, and cort of thing, 5 published by or written by m mbers of the Applicants, 6 together with cortsin responses to come of the interrogatories. 7 CHAIRMNI FAPJ0.XID23: Ncu, this in Intervenor's O Enhibit 167 g MR. BARON: That's correct. jo CUAI WJi FARM 1.'{ IDES : So in effect, then, there is g; no objection to admiccicn into avidence of I,torvonor's 12 E:thibir 16, is that correct? g3 MR. CHAR;iOFF: That's correct. 14 CHAIFJt.'Oi FAPJ'AF. IDES : Mr. Davis? MR. DA*/IS: Yes. IS CHAI N.N FARMAKIDES: Ec have previously looked 16 1 at Eyhibit 167 37 MR. CEARMOFF: No, sir, I don't think -- gg CHAIR'!AN FARMAKIDSS: I thought you people had yg showr. us some of the -- 20 MR. BARON : You had seen some of them, I'm sure, 2L CHAIPJ1AN FARMAKIDES: What you have done now ic y amalg at d those which you have shown us with others? 3 MR. CHARNOFF: I think that Mrs. Stebbins wanted 24 some of those that -- j

1016 wel 6 I CHaIlitAM 7APlGKIDES : '72.'.1, the Dccrd will receive i 2' that a::hibit into Fridance. 1 3 MR. CHAnNcFI': Do I underntand that the re 's a I 4 re?roduction prchlen that Mr. naro:: nould like to talk about, 5 L or have they been reproducad? i 6 Mns. STEUBIliS: No b2vs three copias of all of 7 the exhibits that can gc to the rccorder, here, but we do 8 not have additional copics for each member of the Board or i 9 for -- 10 CHAIRMAN FABMAKIDES: How mnny total copies do 11 you have, na'am? 12 MRS. STECDINS: I have fcur total copies, one sot 13 for us and three to go do the racerd. 14

Mow, I' ve chuckad --

15 CHAIRMAN PARP.AE! DES: Well, the Board would like 16 to have two of those, and you can give one copy to the 17 reporter, and -- ga MRS. STEBBIHS: And I have -- Mr. Davis indicated 19 ha did not want copieu of all of the exhibits. He didn't 20 want the advertising. lie indicated several things he did gg want, and I have two of those copies for him. 22 Mr. Charnoff has one of these already. CHAIRMA!! FARMARIDES: All right. 23 MRS. STEBBINS: And die otherc, I kill see that 24 Mr. Davis gets those, and I will see that Mr. Charnoff gets 25

wal 7 1 a copy of each cf thace exhibits, then. ?- CIIAIIEG.N PA:OIX.GDES : Ecll, uhate-rer you war?. out, 3 ma'am, between the partlas, it's all riiJ tt with the Board. i / 4 I can underst.nd the problam, and ua're symp.sthetic to it. 5 So whatover you can work o'it is fine. 6 But insofar as the record is concernad, the Board 7 will take twc cf those copics, and the other ccpy will be 8 givsn to the reporter. 9 (The aforementioned documents, con-10 cisting of various advertising 11 material of the Applicants and 12 responcec to certain inter:cgator-13 ius, were marked for identification 14 as Intervenor's D:hibit 16-A thru 15 16-S3, and were received in 16 ovidence ) 17 CHAIRMA!T FARMA!; IDES : Now, how about the enhibits 93 of yesterday af ternoon that we discussed? 19 MR. CHARNOFF: Mr. Baron, I think, has a list of 20 documents that we have agreed would be receiced in evidence. There is a reproduction problem there, too, thst he may 21 22 wish to speak to. MR. BARON: Right. Mr. Chairman, these are the 23 24 documents upon which Dr. Stornglasc based hic testimony, or s me f his testimony, yocterday. Mr. Charnoff and I have 25 1

I 1048 wel 8 1 l gone over them, I've marKod them in consecutive order, and -- 2 CHisIrl!A 7 FlJ20C2 DES: Off the record. f 3h (Discuauion off the record.) I 4 CHAIPlfAN PARRAHILES. On the record. 5 !!n. BARON: The rcproduction problem is the one 1 G[ that vc were wrestling lith last night. It wo';.ld be an 7 inhunun taak to try to reproduce these on a photostat O racch ine. And eo I'm going to addrecc uyself to that problem, O and it will really enco.apssa vac of the T.otiona that was 10 filed by the Intervencr, that ene wi'd1 raspect to the holding I 11 up of the closing of tha reccrd. And I havo this suggestien i 12 to m.the. I 13 I'n dicennucc this wiL' Mr. Chara ff, and I 14 don': believe he found any fault with it. I would propose 15 that the Chair rule that the record remain open u itil noon 16 on this Friday, and as of that time it automatically -- the 17 reco: d will autornatically close. That would give us the gg opportunity to contact the people in various cities where 19 these various documents arc--for example, in Washington--whom 20 we know would cooptrate with us, and go directly to these 21 ffices and obtain those copies. Of course, the ones in 22 Washington could be automatically delivered co the reporter's 23 cffice, which is in Washington, and that would also give 24 Mrs. Stebbins the additional time to make whatever photocopies 25 she would need, and get them to you. And we would not have f

1069 wel 9 1 to reconvana or anything for the purpose cf clesing the 2

record, 3

i I do make thct -- 4 C11AIMAN FATJ'?lIDSS : You would than supply this 5 Board -- 6 MR. BARCT: -- with all dia copies that were 7 needed. 6 CHAIRMAN FAIDCIDES: -- ac of nc:st week. 9 MR. BARON: Mell, in uould be by ?riday. 10 CHAIPN.1 FARMAKIDZ5: And this is agreeable to the 11 other parties? 12 MR. BAF.ON: Mr. Charncf f and I think Mr. Karman 13 did ngree. 14 MR. CHARMOFF: I agreed to it in the conte::t only is of the receipt of thezo documents by Friday: not in the 16 conte::t of the other motion by the Intervonors with respect 17 to keeping the roccrd cpen on Contentica 2. But I have no 18 objection to having the record stay open solely for purposes 19 of recciving thece additional copics by Friday, close of 20 business. 21 CIIAIFRAM FAR.MAKIDES : Mr. Davis, Mr. Karman? 22 MR. DAVIS: We have no problem with keeping the 23 record open for the purpece of receiving copies of exhibits. 24 (The Board confarring.) CHAIRMAN FARMTJ. IDES: That is agreechle to the ,d'

1050 val 10 1 Daard. 2 He will, then, keep Cic record opun until Friday 3 noon of this we n, uhich uculd ba Augn-st 10, ior purposes 4 only cf providing copice of the docc.xnts th.st will nou hc listed by Mr. Baron. 5 6 !!R. DAP.ON : Onn p;;aliciancy remar%: Will that 7 affect, in any way, the earliar ccmment that you r. ade with 8 respect to the filing of the findings of fect? 9 CUAII:GM FARHECDIS: b* ell, this will in no way -- 10 no I understood ycu, sir, and the ruling is based on this -- 11 this will in no way changa the.lue dates for the proposed 12 Rindinga or the ecnclusions of law. 13 MR. BARON: I just vanted to make it clear. 14 CHAIMIAN FI.n*UGID2S : Mr. Charaoff, is that clear? 15 Mr. Davis? 16

4R. DatIS:

Yec. 37 MR. CHARNOF7: Yes. 18 MR. BARON: Now, you wish me to read -- 39 CHAIR!!AN PARMAKID2S: You. 20 MR. BARON: Intervencr's Exhibit number 17 is 21 entitled, " Environmental Radiation Balletin Number 4, 1972." 22 The actual title, " Radioactivity in Air, Milk and 23 Ifater, for October-December 1972," published by the New York 24 State Department of. Environmental Conservatien. Interven r Exhibit number 13 is a document 25

1051 [ wel 11 1 entitled, 'Padicantiv? '7at tu Ciachargas be the Environment 2 from Unclncr Powar Pacilitica," prin 2d by tt.c U. S. Ecpart- ~ 3l canh of Health, Educscion and isolfare, A.;bli: Health Service, 4 and it bears identificaticn :wmbar 3:3-DIR-70-2. There is 5 an Addendua 1 to

• hat bulletin.

He marked that Intervanor's G l Exhibit IS-A, and that baarc identification ma.! king ORP-SID-7 71. I Intervnncr's 3:511bi t nuiber 19 -- this ic a 3 g serics -- these are the preoparational envircamental radio-10 activity monitoring progrnn at the Leaver Valley Power gj Station, publishcd by tna Environmental Safeguards Division 12 of NUS Corporation. 13 Number 19 ituelf is a semiannual report, January 14 through June 1971, becring identificntion merk NUS-GG4. 1S Intervencr's Exhibit number 19-A vill be the g same title, except that it'n a quartarly report for the eriod July through September of 1971, and it's marked

7 UUS-916.

18 39 Intervenor Exhibit number 19-B is, again, the 20 same title, a quarterly report October through December of 1972, boering number NUS-315. 21 22 Intarvenor Enhibit number 19-C is the report for -- e qua r y rape r anuary ug. Marc 9 and 23 it's marked UUS-950. 24 Intervenor Exhibit nunber 19-D is Ap'oundix D, 25

10'52 u,1 .'.2 I covering these four reports, and niso ma:9.ad - ' ecrs tha c 2 marl:d ng -- I Mg your parden. 2 didn' realise that diis 3 was.-- 4 f fR. CHA220W: M t*/ I ha*/o a ir.o:senc to consult i 5 with Mr. Baron? 6 CHAIRMTdi FTWG.RIDI'S: Yeu. , cad 1 7 0 9 l 10 11 IP., ,4 e i I l 14 t 15 16 17 10 19 20 21 22 l 23 24 25 I 1

I t 1053 92 1 CHAIRMAN F.'c.RMA7.IDZ3 : 0ff the record, ini 2 (Discussicn off the accord.) 3 c1?AIPrai FArithKZOES: Back en the record. /9- /3 4 MR. SARON: There is no In':ervonor'n Exhibit.% l 5I Intervanor's E:6ibit No. 20 is a document 0 entitled " Report of Reacher Cporations for the NARA Plumbrook i 7 R oactor. The period in April 1971 through May of 1972, 8 printed by NASA, Lewis Rascarch Cuntar, Plumbrook Station. 9 Intervencr's Exhibit fo 21 is entitled

o "Pennsylvnnis Departm uc of Environmental Resources, Water 11 Quality Met ~. cork Radioactivity ncaultc, August 1964 through 12 Augunt 1972, Scothwestarn Pannsylvania Counties, Rivers er 13 Major Tributarias Thereto."

14 And Intervencr's Exhibit 21-A are just additional 15 pages to that exhibit. 16 So caratch the 21-A, and it's all 21, just a matter 37 of trying to keep it together. 10 Intervonor's E:thibit No. 22 is a paper entitled 10 "Some Observations on the P.eports of Excessive Radionuclides 20 in the Shippingport Area," uritten by Irving Michaelson,. 21 Director, Environmental Health and Safety Research Associates 22 n behalf of conse.iers Union. 23 Intervencr's Exhibit No. 23 is a statement by 24 -Professor Harold L. Resenthal, professor of physiological 25 chemistry, Usshington University. It doesn't bear any title.

0 1054 In2 1 Intervonor'n D:hibit No. 24-A -- I'm corry, 24 l 2 is a carice of reporte, en the rr.diological analysis of the j 3 precipitation in Ohio published by the Ohio Departm<:nt of 4 Health fer tho varicas pericca. i -5 Off the record? 6 CUAI.VW1 FMP.TJtIDES: Off the recora. 1 7 (Discuscica cfS the rccord.) ll 8 CilAIIWH FABNXCIDES. Fe #11 rocc.M for five l t i 9 minutec. Mr. E.iren? 10 MR. BACOM: Fivo. 11 (Receas.) 12 CIULIM1AN FAiUi?.KIDES: Mr. 11nron? 13 MR. EARON: Tau. 14 CHAIRMTJT F.Nu M; IDES: Continuo, cir. 15 MR. EARON' I don't rechil wherc I left, but 16 let's begin alth Intervenor's OJ11 bit 24. 17 CHAXRMAN FAMIAKIDES: Excu.fa m2,, do you havo 18 Intervenor's Cthibit No. 2'? J 19 (The Reporter read the record as requested'.) 20_ MR. BARON: It's entitled " Radiological Monitoring 21 Progrun, Ohio Depart:1 cat of Health," and it covers the years i 22 1966, 1967 and 1968. 23 Intervencr's 24-A la something entitled 24 " Radiological Monitoring Stations." g 24B'is the Chio Department of Health Report on the ~

I 1055 in3 I Radiological ?.nalycic of Grcund cnd Surface Uaters in Chic, 2 cad theca will be for the 12 n cat :c of tha y::ar 1962. i 3 24-3 would be Scr the month of January; C is also 4 for the ironth of January, a diffarant lccation. E is for 5 February. E is for March. F ia April. G its May. H is G 0.lso I*ay for a different area. T is June. J in July. K is 7 Augus't. L is Septet er. H in Ocenber. M.1n November. O is G December. 9 For the purpoca: of brevity, the nent year is 1963,l 10 the smua title; and I'm lumpad the entire year and each month 11 in that year as 24-9. i 12, For the year 1964, the anhibit would be entitled { s 13 I 24 -- I beg your pardon, I had nu-bred each of thos a menths t i also in the year cf 1963 b<cing ? thrcugh the month of December 14 l 15 bsing 24-AA. 16 In 1964 the 12 months of that year vould be 17 Exhibit 24-3B. 18 For the year 1955, the 12 months vould be as one 19 exhibit, 24-CC. 20 For the year 1905, it's 24DD for the 12 months. 21 For the year 1967, the 12 nonths are entered as 22 Enhibit 24EE. 23 1968 is 24-FF. 1969 is entered as Erhibit 24-GG. 24 That is all of them. 25 CHAIP2GN FAIDIAKIDES: Thank you, Mr. Baron. 44

1056 in4 I MR. CIIAR!!OFF: Mr. Chairman, beforo we receive 2 all tnose documents au avidcnca, and we hcVe agreed to them, 3 part of tha atipulation una also that the Intervanorn and the 4 Staff would agree to the acc.2ptance into avidence of 5 Applicant's D:hibit I?. which was o 'fored ;'ostorday bat not 6 then roccived. 7 That van the teJtiEOny of W. D. ECtm of the B Environnantal Protcetion Agcncy before the Governor's Pact-S Finding Committoa in hearings in A11guippa, Ponncylvania, 10 July 31, August 1 and 2, 1973. 11 With that docu:acnt and the others, the Applicant 12 would move that all ci the documents new bu received in 13 ovidence. end 2 14 15 16 17 fB 10 20 21 22 23 24 25

1057 wal 1 1 CIIAIEfihI' l'AR2iA.IC ES. I gather the parties are 2. all il agreement? Mr. Dc/ic, Mr. Baron, Mr. Charnoff? S (Indications of asacat.) 4 P.igh t. So th: Beard will recolve into evidence 5 the list of decements irrradiataly listed oy E'. fiaron and Mr. S Charnoff. 7 (The follcwing documents verc marked C for idantification and roccived 9 in evidenec: 10 Intervencr's E:thibit Number: it 17 "Radicactivity in Air, Tii.U; 12 and inter, Oct-rec 1972. 13 18 " Radioactive 71asto Discharges 14 to th:2 EnvironAsnt from 15 Nuclear Power Pacilities," 16 S EII-D3 R-7 0-2, 19 - Preoperational radicactivity g7 18 monitoring program at Beaver gg Valley Potter Statien,. 20 Jan-June 1971. 21 19-A -Preoperationt 1 radioactivity 22 monitoring program at Beaver 23 Ya1107 E0"T# SClti "' g4 July-Sept 1971. 19-3 -Pre perational radioactivity 25 l i l l

1058 wel 2 1 ccnicorin; progran at Beaver 2 Valley :90 war Station, 3 Oct-Dec 1971. 4 ly-C-Pracperational radiocctivity 5 monitoring program at Deaver 6 Valley Power Station, Jan-Mar 1972. 7 4 4 S 19-D-Pracperational radioactivity 9 monitoring program at Beaver 10 Valley Pcwer Station, Lpp.3. 11 20 - " Report of Reactor Operations 12 for NASA Plunbrook Reactor," 13 .Tpril, 1971 - May 1972. - ': ennsylvania Ocpt. of Environ-14 15 m;ntal Fecources, Water 16 Quality Network Radicactivity 17 Resulta,"Aug 196 4 - Aug 1972. jg 22 "Some Cb.scrvations on the Rep-10 orts of Excessive Radionuclidet 20 in the.Shippingport Area," by IrUing Michaelson. 21 22 23 - Statement of Prof. IIarold L. 23 Rosenthal, Prof.,of Pnysiolog-24 ical Chemistry, Washingccu University." 25

10d9 ini 1 14 "Rcdiolcgical Monitoring 2 Prograre, Ohio Depart:nent of 3 i Health,' 195i 1967, 1963. g 4 24-5 "l'.adiolcgical Monitoring 5 Station." 6 24-3 Chio De';artment of Hecith 7 neport, 2ndicicgical Analysia, 8 Ground and Surface Waters in 9 Ohio. January. 10 2 C (sama att 24-3) January, a 11 differnat location. 12 24-D February. 13 24-E March. 14 24-F April 15 24-G May 16 24-H May, a dirrcrent area. 17 24-I June, to 24-J July, 19 24-X hugust. 20 24-L September. 21 25-M Getober. 22 24-N Novembar. 23 24-0 December. I 24-P (Same as 24-B for Year 1963.) 25 24-AA (Samo as 24-P)

10G0 in2 1 24-33 (SEmo as 24-3 for 1954.) I 24-C2 (Scnie as 24-11 for 1955.) 2.i 3 24-DD (G a:r.e as 24-3 for 196 G. l 4 24-22 (Stune ac 24-3 for 1967.) 24-FF (Sano c?, 24-3 for 1968.) 5 s 24-GG {0ama as 24-3 for 1969.) y Applicant's Exhibit No: Testinony of W. D. Howe of 8 12 EPA before Govarnor's 9 Conmittee in Aliquippa, jo Pennnylvania. July 31, jj Aurinst 1 and 2, 1973, ja 13 14 15 16 17 18 19 20 21 22 23 24 25 1l

r i 1061 TAKE 3 jrbl JRB I CHA%1CiXI z'A?!NID.95: 'Ihc next itsc. of business s is tae Appliennt's photogr.pha char he war, gait.g to supply. MR. SILEERG: At.his ui 2 Mr. Cit aire.a a, I a 4 woulri cive the M.uotter.hrea co.nii.:n of c. hof.ce>'r?.ph.s takan J 5 by Applicanas and introd.naed by Inter;enors as Intervencr's G Exhibits 3-A througn 8-1, (IIanding doc =;nts te reporter. ) f 7 8 QIAIII ma CAPJD.KIDES: 1.11 righ:. Thank you 9 very 1.*,uch. That dischargas that chligation. 10 MR. CliAP.NOFF : Mr. Chairman? 11 CHAIPF22i FAD 11XIDES: 9.r. Charcoff? 12 MR. CIIARNOFF : Lict evening mi had c nly cae copy 13 of Applicant 's 2:chibita 15-A, D, C, and D, and I would like 14 co simply hand out the excra copise of that document. 15 CHAIP?M F4PJ!AKIDES: Yes, thank you. They vill 16 be received. 17 ('Ihe docurrants ref4J; red to were 18 marked as followa: As Applicant's 39 Exhabit 15-A, Chart, Annual 20 .'.verago Total Activity in Untreated 21 Lake Water, Year 1963, received 22 in evidence.) 23 (As Applicant's Exhibit 15-B, y Chart, Annual Avorate Total 25 Activicy in Untreated Lake Water,

1062 1 (Year 1967) received in jrb2 2 evidenco.) 3 U.: Applicant's Zuhibi 15-C, 4 Chart. T,nnual Avaraga Tctal 5 Activity in Untraated Lake Water, Year 1963, received in evidence.) 6 (As Applicant's Exhibit 15-0, 7 Annual Average Total Activity in O (*ntreated Leko Water, Yaar 1971, N. 9 received. in evidence.) go CHAITCG 7 APM.KIDES : .In there anything case? 33 12 Any other administrative mattaro? 3#* U"f0"7 13 t a Mn, BARCN: I cm not sura whether Intervenor's 14 Exhibits 3-K, L, J, and M were made available; they were 15 used during the tactimonj, but we did not have the additional yg copics at the time. 77 " *"Y "#8 " "U "C U" 10 with cross-examining Mr. Rowe, so we have now three copies gg f r the record. 20 (!!an ing decanents to reporter.) 21 CHAIRMAN FARMAKIDES: Right. I vish vou would 22 give them to the recorter. That would leave us than with 23 one iten outctanding: Intervenor's Exhibita 1 through 6 4 MRS. STEBBINS: I have three copios of each of

1063 I those here. 2 CliAIDfAM PAD!AZIDES: Thic then cumpletes all of 5 the a::hibits. It in a tedious process but an a:ctremely 4 impo:: tant one. This completeu all of the e:chibits so far as 5 I know. Is that correct, gentlemen? 6 MR. Kr.RMAN : 7enf sir. y CILUIU!M FAMIAKID2S: Mr. Earon7 s MR. EAROti: Yeu, sir. 9 CHAIR:M FAMit3IDZS: Mr. Charnoff? 10 MR. CHARNOFF: Yes, sir. 11 CliAIFfe.M FARMAKIDES: Iiet's go to the ne:ct point. 32 I havs previcccly rando the chservation with 13 respect to correction of the transcript, and with respect

4 to cabmission of a lict of e

:hibits by each party.

15 How let us go to the motions. 16 A motion dated August 1, 1973 in which the 37 Intervonors mcVed to strike certain testimony. Mr. Baron, gg you may proceed, sir. If you want to introduce your motion, then we will let the Applicant and the Staff respond, 10 20 and y u may reply back. MR. DARON: I think the motion itself, Mr. 21 22 Chairman -- well, I have no additional arguments to present to it. 23 CIIAIDIAN FARMAKIDES: All right. 24 MR. ARCN: It's here and set forth in the copics 5

a t i 1064 i o I of the various letterc; and I think that whatever responses jrb4 2 the parties might wish to give -- that's it. 3 CHAIPJC21 FAIC'.3. KID 3S : Mr. Charnoff? 4 HR. CHARNOFF: I would just mako a brief remark 5 on this, and we might wait to hear further on this from the 6 Staff, Mr. Chairman, since it goes to striking certain of the Staff tectimony.icceived in evidence ono:ycar ago in 7 8 the hearing under Section 5 of Appendix D. 9 CHAIRMPli FARMAKIDES: Well, it doe 6 more than 10 that, Mr. Charnoff; that's thy wo want to be careful that 11 you underatend: It gocc to the credibility of Dr. Fr1 erio. 12 9 13 MR. CHARNO7F: I undcrstand. 14 The point I would like to make is that the 15 documents attached -- and I don't know whether they set forth 16 CIIAIRMNi FARMAKIDES: Genticmen -- I'm sorry, 37 pleauc, Mr. Baron, Mrs. Stobbins. gg MR. CHARNOFF: I don't know if they set forth gg all of the correupendence or not, that's why I'd like to 20 hear from the Staff. 21 But I did review the testimony by Dr. Frigerio 22 a y ar as and what Dr. Frigerio had reference to in the 23 Da'vits-Becse proceeding -- I am not f amiliar with what was 24 discussed in the Midlan proceeding -- was a document that he had wr'.'.hten which ';as submitted for publication at that 25

I 1055 1 tino. The c0rrecpondanco atbach2d to the Inter;cncr's 1 jrb; P. h notion - and theco arc th: cni:r doce;c.anta us hava any i t-1, 3 <r arareness of -- specificall" ancr to refer no a very par'."- l ,,I i 4 !! draf t of a apr_.:ent that thun su' :mquantly uas pe.cliuhed. Ii 51 So, insofitr as tha :ranneript en 3144 and 31'5 on July 2, 6 1972, where there zu any referonac to the stud'f by Dr. 7 Priserio is ocacerned, ic clearly referr?.d to a finali:cd a vercion of a paper cha: van beiny criticiced in that corran-g poncience attached Oc In' arvrsticr 'n motion. c 10 sut I =aculd lif;e to rcccrve ny rights to corment, j; sir, on the motion c.ft'.tr hearing furtile." frem the Staff on n 12 this, b.scause ve aro ill-equippcd cc u.lk te it without 13 hearing further frcr. the Otaff on it, y CIMIE:CJI EMiGEliES : lir. Ocvis? MR. DAVID: Thank vou. 10 He thitG the niction ca its face is insufficient .ic g to support the striking of testi: cony of Dr. Frigerio in last l year's hearing. As the Applicant's have juct pointed out, g l the letters that are attached to the motion do not attack 8 g "Y U " * " " "9' 20 rather, go to a paper that Dr. Gofman was in possession of, e2 and certain cenr.cnts that ha felt were made in an early draf t of a paper by Dr. Frigerio. CHAIR'4A'4 FAFJnX: DES: Mr. Davis, 20ecn't the motion go to the credibility of Dr. Frigurio in terms of

U i. 1066 jrb6 I his testinony now -- given to us yesterday? 2h !!R. DAVI5: I 'Jould any, Mr. Chainaan, that it 3 indead does not; thai: they cddreas different items. And j 4 Dr. 1*rigerio:s testimony yesterday did not involve this 5 carly draft referrcd to by Dr. Gofman and Dr. Frigerio in s thei: c::changa of lettars. 7 CHAIIEGli FAIUGXIDES: Would you in your preposed 8 findings have c.ny nacd to basa ycur propaced findings on I gf the tastimcny of -- given cnd occurring in the transcript 10 of May and July of 19727 HR. DAVIS: To rgi roccliec*:.ica the testfacny gg given by Dr. Frigeric in this henring &:als with the ef facts 12 f low levelc radiation upon fish.r.d flahary catches; 13 it does not involva any carcinogens and causca of cancer 14 in humans as the testimony dec.it with lest year.

However, 15 there is and the Staff is aware of additione.1 correcpondence 16 taking place after the Enhibits ?L through E, and centinuing

7

'l for scme half a year thercafter. g CHAI!G1;ci FARau! DES: Detween whoin, sir? g MR. DAMS: 32twca Dactors Gofen and Fdgedo, 20 which relate to the same discussions. As I cay, I do not think that the paper in g relevant to the iccues in thic hearing -- the paper, that is ,c3 to say, referred to by Dr. Gofman. liowever, if the Board wishes to hear Dr. Frigerior on thic subject, and hecr of {

,I 1067 e 1 .theca letters, of which we can he.ve copies innde, uhich jrb7 2, continue thaso series, than the Staff is prepared to speak i 3f to that. 4 That is to c2y, the Ste.ff in grapared to offer 5 Dr. Frigerio'n explanation. G. CHAIMiaM !?AIUG.5 IDES: You r.can through 7 Dr. Frigorio? OI MR. DAVIS: Yes. l. Oh CIIAITdiAN FAID MCCSS: Well, what do tho0e letters 10 indicato, sir, that you have in your hand now? 11 MR. DAVIS: 'Ihe 1s.hter I have 11. :ay hand now are 12 both the Enhibito A throsjh 2 a.t20hed to the Intervonor's 13 motien to strike tactimony, and also the lotters that 11 l continua that series. I have caly one copy. I 15 g I might add: The Stef f received this motion just 16 yesterday and has been hard-pressed to prepara a sufficient 17 number of copies of this correspondenct. 18 N.IR!!AN FAM1AKIDES : I agree with you on that, 19 Mr. Davis. We, too, received this motion yesterday; I under-20 stand it was : nailed August the lat. And I know one of the 21 members of the Board in California received it last veck -- 22 (Laughter.) CHAIMM FAMMIDES: But we did not -- in 23 .j, Washington. So there must cc a prob 1cm in the flow of mail

c actw.trd.

But that's a goed point. You received it 25

i 106S 1 yesterday and I saw !!rs. Scabbinc give it to you; and I know J' ~ b 6 2. l she gave it to un at the came time,1:1. Shan and myself. ~ 3 I would like to caa the ccmpletion of that 4l naries of letters i: atween Dr. Cafman and Dr. Prigerio. I 5 I4R. DAVIS: tu'/ I have one mcment,Iir. Chairman? 6 CHAlle!.MI PAlti/CIDES : Yen. 7 MR, 3ARO:7: Mr. Chairman, I reprocent to the 8 Board that ue had nc oth:r ccrrespondence other than that 9 whicn was atcached to the motion ao filed. Perhaps had wa 10 scen those additional lactora a might not have filed the 11 r.otion. CHAIDi'Pil PAFJinEIDIS : You kn:w, Mr. Baron, th:t 's 12, 13 a very responsible cmcment, c :. r. % a c c o.;p : it in the light 14 in unich it in given. 15 Ue are going to take a fifteen-minute recess, in 16 which time I would hope, Mr. Dcroa, that you would com.unicata 17 with :fr. Davis, and perhapo you tuo cocid resolve it. If 18 you can, fine. If you cannot, ve vill continua. 19 In fiftcon minutes enough, or do you need more gg time? 21 MR. DAVIS: Well, if we do not have enough time 1 22 in fiftcon minutes, may we requent more? CHAIIDIAN FAF2*MIDES : All right. We will recess u 23 for :'ifteen minutes, and WS Vill reconvene at oleven y o' clock. g EUD3 (Recesa.)

2

1069 J4 1 CliAIRM13 FAFJiT.XID23 : Can no begia, plears? lnl 2 I'.n r.orry for tho delay, ladics and gentleman, 3 but the parti.u *.ero trying no receiva the iusue hatueen f 4 them. Apparently 55+ Mna han neu Seca recolved completely 5 to the cati 0f action of all tha partics, sc 'aa'll proceed. 6 I Mr. Eavin, proceed, ai:c. 7 Ict. DA'/IS : Then% you. 8 na I said car 113r, Mr. Cheirr.nn, the e:thibits } 9 attached to the Intervencr's mc';ien to striko tc.3tiracny to contz_in five letters, ending with a letter dated Septonbor 19tN 11 to Dr. Origeric f'cm 3r. Gofr.an. I 12 I would propoca no ask Dr. ?rigerio to give a 13 listing of the 3. ate crs that Mc?.'. cued that la : tor; cnd thana 14 lettera then, the Staff wculd offer cc exhibits to be 15 incorporated into the record. 16 We will f arnich copius later. 17 CIIAIRMAN FAFJGKIDES: Bafelic the cloce of the 18 record, which we have already e.~. tended to Friday'of this 19 week. 20 MR. DAVIS: I.eill try to got copics to all the 21 partier and the Reporter ccday. 22 CFAIRMAN 7ATdmKID,I5 : Thank you. 23 Mn. DAVIS: With the offer of each e::hibit then, 24 since copies are not available now, I would Lek Dr. Frigerio 25 to explain those portiens of the latters tehich refute the

1070 in2 I allegt.tlon mado in In::.cr rcnor's notica r.htt thin tactimony 2 of:'ered in tha cassions hold lant aufner was incorract. 3 Cn:;;te: FAF;m:IDE::: any objecti<:nn from tha 4 other prirties? 5 ??R. 3.%CN: No, cir. S Cli? SIB:!Abi FP.RMh7.IDPG: Iir. Charnof2? 7 MR. CFATC"DET : ?.Ic, cir. G CHAIIUGI FT:P;17dIDZ'? Dr. 'Erigerio, I appreciate 9 it, cir. 10 i Uhereupon, 11 EcEWI A. FaIGERIO 12 rasu nd the stard ca a <ritnasa for eno Regulato: y Staff and, 13 having beca previously dsy s. c.:n, wec (c::ur.ined and tentified i4 further as follcua: 15 l CHAIIUCW FPJltAI'.ID25: Mr. Davis, precced, cir. 16 DIT!ECT 2:ild4I:WIIO:1 xxxx 17 BY MR. DAVIS: 13 Q Dr. ?rigario, ic the no::t letter that you have in 19 this carico continuing a lotter dated Octobcr 23, 1972? ?.0 CliAIR'U.N FAMIAKIDES: Ettcusa mO, Mr. Davis. 21 Enat'c the last letter? 22 MR. DAVIS: The last letter is the letter dated 23 September 19, lit 72 to Dr. Frigario from Dr. Gof: tan attached 24 to the Intervenor's motion. 25 CHAI?le.N FisP.MAXICES : liow, lock, let's be clear. ,1

r 1071 [ In3 1 So far as the Scard in concerned, we've got a 2 letter dated Septet:bar 12th. That's the first in the naries. 3 A secenf. letter dated Seatumbar 12th. 4 Tho first lottor la from Dr. Gofman to 3 Dr. Dnffield. The second lotter in to Dr. Frigerio from G Dr. Gofman dated Septmiber the 12th. Tha third letter is 7 dated September 15th :Szcm Dr. ?rigeric te Dr. Gofman. Tho 8 fourth letter is debd Septc;nbar lath fren Dr. Duffield to 9 Dr. Cofman. The fifth letter is de.ted Septes.her 19th from 10 Dr. Gofman to Dr. Frigerio. 11 Mcw, sir, ycu coy you're continuing this sorica? 12 21R. DAVIS: 7en. 13 BY MR. DA'IIS : 14 Q Dr. Frigerio, are tharc any other letters in that 15 series that were left cut? 16 A None that I know of. 17 0 The next letter then I would refer you to is 18 lattar dated October 23, 1972 frem you to Dr. John Gofman. 19 I uould offor thic letter as Regulatory Staff's 20 Exhibit 1, and I have but ena copy. I will furnish copiec 21 later en. 22 C iAIMfAN FARM.M(IDES : Ic there any objection to 23 receiving that letter into evidenes? 24 MR. BARON: No. 25 MR. CHARIOFF; t'o, sir. I I;

I 1, 1072 In4 I. f CID.IE'A!I Fa!E:AKI.7ES: All right. 3 Ee cill rc eiva that ichter into evidcnce as I L 3f,I Staff's Ed.ibit 1 c.n:t identify it again, air? I 4 Im. D.u'I3: A letter dc.::cd 23 October 1972 to S Dr. Cohn Gofrun frcm Dr. Ilorn2n A. Frigerio. 0 (The documonu referred to, 7 a letter dated 23 Cctober 6 1972 to Dr. i7ohn Cof:wn fror. .i I 9 Dr. Ucr:aan A. Frigerio, nas 10 carhad abaff Exhibit No. 1 11 for identification and was 12 received in evidence.} n :crx la EY Mn. DA7IC: 14 0 Neuld ycu plenas er.plaill eny portions of that 1g letner which you feel tend to refuto hhc allegr. tion that 16 your testimony at last cu~. mar's session of the Davic-Eessa g proccLaing vero incorrect? 18 A Well,' after beginning with scree technicalia and 10 hemorous ono thing or another, I t:. ink the gist of the Itatter 20 begins in what it the oi:tii paragraph. 21 It says: "As to the Midland and Davis-Basso l 22 hearings, I could only think of two ways in which my 23 testit.ony might have been amiss. Either: (a) I :nisrepresented 24 your position and/or hypothene; or, (b) I misrepresented my 25 cun findings. ..l

1073 ins 3 "iiall, as to the le.2tcr even if you find a 2 'ghautly errer' in tha cttached canuscript, _ think you'll 3 agros my testimony wns given j.3 bena fidag, hfter all, I've 4 hnd the stuff reviewei by over half a dorca of my cenior j i .r.> colleaguen, nono cf whom ha /c found any maior f a=c cas. If 0 I'm no suurtar than tioy, .C gnasa I ca.n't complain. S tu;l.5 7 I may ha, but not ill intentioned, I h0pc. l I o "So, at lanzt, I think I represented my own f i ideas fairlv.. Admittediv., all ci the tentimony wac given o 10 under direct, or cros s, examinntion, and none of it was gj prepared, at leant not in che cease of a preparof. schmiccion. 12 This resulta in rasponces thnt atterat to ansver c.uestions r 13 that are, of ten, nearly ur-ansvarable - aort of ' have you i 14 chopped beating your vife.' This hardly loads to an ordarly . o-and/cr complete precantation of a compliccted, technicci matter. 16 "But, chill, in going over it c1? again I p 78 didn't find what I think the legal minds vould call 'a 39 substantive change' that I would have to make were I to 20 repeat it. There vera semo goofs, of courso, ranging from the hilarious to the just plain confusinc. For example 21 ' algae are' came cut 'LGR' in the transcript. But, after all, 22 one can hardiv fault the peer recorrera for this sort of 20 thing. It's a wondor that all that jargen comes through 24 at all! _,c 4 l

4 1074 In6 I "As to (n), uc ', I've Saen ever it all again with f e a fina teothsd cc:G3, so to speak, doapito my thinning hair, u f 3 and - no iiee' I'm having acue colleaguer go aver it again, j I d, but I can't see where I've ninropr.usented you. Certainly I 5 said nothing pejorativo as, indeed, I hope I've said nothing 6 . pejorative in the attached orsuecript. Donpite sona of the 7 shrill cutcrias ficating around in this businace, it just D docen't ceam to bc the piece for polemic, to no at leact." 9 I think that is the acacnce of it. 10 The rest of it is -- 11 CHAIR'E!! FARMAKIDES: E:<cusa me, sir, this is 12 dated October 23, 19727 13 THE WITMEUS: Yes. 14 CF.A!M1Ati FARimKIDES: Fir. Boror., did you have a 15 copy of thin letter? 16 MR. BARON: I had the opportunity to look at in 17 befora. 18 MR. DM7IS: C::cune me, I will be happy to furnish IV my only copy -- 20 CimIR!Wi FARMAKIDES: Well, vait a minute, e::cune 21 me, Mr. Davis. The Scard has another thought in mind, and the 22 thought is that I don't mind a notion to strike tentimony, 23 and I certainly.think it would bc well in order if you felt 24 it adviscble to do ao to cut: nit such a notion properly 25 dcccmunted.

1075 t l' In7 1l I just -- it seems difficult for me to believa 2lg that, and there may be an explanntica for it and I'd like to e, n 3 ll' hear it, Mr. Enron, that you uculd hiva all the icbtarn that 1 4; tend to support your motion but.sculd not have the letter i 1 5 which is only one u.onth later, October 1972, that would tend tc o not cupport your motion; and I'd like to hncw ':rhy chia letter, I w.13 not includcd in your motion. a MR. BARO.'i: The 10tters tha.t vare attached to 9 the motion wera raccived by either Hrc Stabbins or Dr. Davies 10, frca Dr. Gofman, and thoco uara the only letters cent to gg then by Dr. Cofman. 12 CIIAIRMAN FAR>'AICMS: Thace vore th" only lettera? 1., MRS. STEBBIN3: No, no, they uare sent before the 1,. date of this lettor. gg 16 In oder worda, 'sa rec.*,1ved thace letters before -- I'.R. BAROU: Don't infer that those were sent to the 37 al n after the corrospondance had been ccmpleted which 18 19 w uld have boon -juct May of this year. MR. RAF3Wi: They have had these letterc for ,.c.0 almost a year now. g CHAIR. TWT FARM 1EIDES: You mean vcu have had these 22 letters for a year nou? ,,3 i MRS. STEBDINS: Yes. I didn't know anythine about 0.4 this. I tried to attempt to contact Dr. Gofman tluee different 23 1

ri 1076 in8 1 times befora I submitted this motien to see if there was 2 additional anf I cculdt:: t ga in t uch with him on the 3 three different atta:pta ;; hat I r.ade to call him in California, 4 CILAIPdLW FJ.M41d? IDES : All right. Wall, fine, 5 let'u proceeG. s Mr. Davis, your nant'l 7 3'l NR. DRVIG: 0 Q Dr. Frigerio, I new rufer you to a latecr dated 9 Decentber 10, 1972 to you frcm Dr. Gof.an. Is there any 10 other letter in this scrian batueen the 23rd of October and gg Deca:aber 10th7 12 A Hone between myccif and Dr. Gofnan. During 13 this period I followed up on mi suggestion of my earlier f4 letter and had all of this corresponden<e and all of the 15 manuscripts involved rsvieued by yet mero of my colleagues. 16 Every cna of then confirmed my impression that

7 I had not, in fact, misrepresented cither myself or 9g Dr. Gofnan; and so I remained centent and wrote nothing 39 further to Dr. Gofman antil he answered with his letter of 20 December 10th.

Q I would then offer Staff's Exhibit No. 2, a 21 2.,. letter dated December 10, 1972 to Dr. Frigerio from Dr. Gofman. 23 CITAIT,IAN PARMM; IDES: Any objections? 24 It vill be raccived, 25

1077 l l t ~ An9 (The docur.ent referred to, a letter dated Ceccaber 10, -4 i 3 1972 to Dr. Frigerio from Dr. Goffnn, nas c.arked 5 Staff Exhibit Uc. 2 for I identification and was 7 rsceived in evidence.) 0 xxxx BY MR. DAVIC: 9 Q And, Dr. Frigeric, I uould ask you to refer to 'O specific portions of that letter which go to the hypothesis II that your testimony in lact sucmcr's hearing was incorrect. 12 A It had hoccam obvious by this luttar from I3 Dr. Gofman that his original improncion van being corrected 14 by himself. I need hardly ecli your attention to the tono 15 of the fir t two letters, but I will rend the first 16 paragraph of the December 10th letter. 17 "It ic clear that ycur recent revision of your 18 manuscript does address itself, in largo maacure, to 10 correction of tho misstate.nsnus of the Gofman-Tamplin 20 hypothecia. But one has to strain hard to realize this on 21 reading the new manuscript," 22 This is a new penitica, and I think ho came to 23 analyco the matrar nore fully. Decides,. at this thee I think 24 he was on notica that the copy that he had, however ha had E5 received it, was not one that had aver been released even

1078 l 1 In10 1l internally and was my own ucrking copy, one written in the 2 very early part of the year in which the Midland hearings 3 wero held and so I think he eculd one that this was, in fact, 4 no more than my early jottings of ideas. S The rest of the letter goes on to that and he 6 asks me to ha certain that there is no confunicn. Thic is quito a different position frcm his original one. 7 G Q Referring to his stateccab that "your recent 9 revision of ycur manuscript dces addrosa itself, in large 10 measure, to correction of the misatataments et the Gofman-11 Tamplin hypothesic." Is this so-called correction a correctly 12 labeled as that or could it tetter be labeled an expansion? 13 A It would be auch better labeled an encansion. g This. was the histcry cf this onbire annuscript. It began 15 as a few pages and precently at the urgingc of the editor of 16 the Journal of Scicnce has nou passed 45 pages in size. This j7 was largely because the materini was no highly technical that 18 we discovered very few people were able to read it in the 10 original compressed form. 20 So it was necascary for me to constantly expand 21 paragraphs and sentances to explain whrt procedures had been 22 used; what numberst above all, what methodology; what com-l 23 parison were mndo and so forth. Sc this has been the entire 24 history, en: of expancion rather than of substantive revicion. l 25 Q Thank you.

i 1079 Inll 1i Referring to another latter in the serica dated 2# la Deceuber 1972 frca

• ou !:o Dr. John N. Gofnan, was there f

1 3 any other letter bot Jean Daccabar 10th and December 18th? 4 A None. 5 MR. DAVIS: I trould now offer this lottor cs 6 Staff'c Exhibit Mc. 3. 7 CIL".Irwi FAINAEIDES: Which letter is that, sir? g MR DAVIS: The letter dated 18 D3contor 1972. 9 CFJtI.rJiMi FARMAKIDES : Any objections to the 10 offer? 9; FIR. BA2Oli: Tone. 12 CHitIRGU FAR'1?.EIDES: Any objections to it being received into ovidenco? 13 I. CTuWMF: No, sir. 14 C

• #I #'M %KIDES:

Mr. Baron? 15 16 MR. BP20!I: Mo, sir. CHAIRIEN FARMAKIDES: Wo'll receive it into 1,r evidence, too, jg jg (The document referred to, 20 a letter dated 18 Dece1@er 21 1972 from Dr. Frigerio to 22 Dr. Gofman, was marked Staff Exhibit No. I for identificatic1 23 y and was received in evidence. XXXXX 25

a m 1080 ( In12 1 BY MR. DKVIS: 2 Q Dr. Frigario, uculd you kindly point cut any parta 3 of this letter uhcrein an c;:pancien of the allegation that 4 your testimeny at last atunner's hearing was incorrect is sj olaborated upcc7 G A Well, I think the first paragraph is probably 7 nost essily re.ad. a "Well, than:t you for your letter of Deced'or 10, 9 1972 cnd (a) yes, I am sincoro, and (b) I certainly will 10 rewrite exactly as you nuggast, i. e., to re. rove the gj possibility cf a raicconception. 12 ~ "In fact, as you cuggest, it wonid be wall to i 13 do the whole th!.ng as tuo separate paper, or at least clearly

4 diutinguished parts, and with the c1v0ata apalled out, 1

15 possibly even cet off in type." gg Q Thank you. 37 Next I refor . a letter datad February 5, 1973 gg from Dr. Gofman to you. Mas there any other letters between 19 Decercher 10th and February 5th? 20 A No, there were not. MR. DAVIS: I now offer this letter dated 41 22 February 5th frc= Dr. Gofnan to Dr. Frigorio as Staff's Exhibit No. 4. 23 24 25

1 1081 4 1 TAKE 5 1 9 CnhXM ?hM1 DES. M-? objacdon? JRS:Jrbi 2 MR. DARCH: No ob].e c t.t o n. 3 HR. CHAPliOFF; No objec'gion. 4 CHAIRFK4 FR2 EIDES: It vill he received.. 5 (The document referred to, 6 a letter dated February 5th, 1943 13/2 frcm Dr. Gofman to 7 g Dr. Frigerio, was marked Staff Enhibit No. 4 for 9 identification and was 10

j received in evidence.)

12 13 14 15 16 17 18 19 20 21 22 23 24 ' 25

1082 T.uES JRD:$rbl g 3v. p..o.. DAVIS: A Q Dr. Frigerio, are there any parts of this letter 3' that would tid in the refutation of the statement that your 4 testimony in laat su:cmer's hearing was incorreci;? O A I believo' so. I will quote the letter in its 6 ontirety in ny comment. 7

Dear Dr. Frigerio:

Plence e::cuse my dalay in 0 replying to your letter of Decembcr 13, 1972. I was away 9 for a long holiday during that period. I shall now do the 10 ccaments on the seccad parc of your manuscript. 11 Very sincerely, John W. Gofman." 12 This is apprepos, baccuse it is a letter of 13 Dcceuber 10 -- the first paragraph on page 2, which says, 14 "I will write you in detail as to why I am wholly skeptical 15 of your studies of regional background malignancy rate. I 16 consider it a very serious, obvious flaw in the epidemiologica: 17 approach here which make the data far less acceptable than 18 those from high done data with sub-segncnts of the care 19 population sample." 20 In point of fact this serious, obvious flaw was 21 never received,,not to this date. As of February 5, 22 Dr. Gofman apparently halieved that he could at least comment 23 on that. In point of fact, that never did occur. 24 And so, I would submit that Dr. Goftr.an's opinion l 25 as he reread the manuscript, was being modified during this i

1083 I

period, jrb2 2

MR. BAECN: Ucll, I'll object to that, 3 Mr. Chairman. That's para conjecture en the part of 4 Dr. Frigerio, with all due respact. 5 CliAIRFRJ fan *mKIDES: I can appreciate that is. the 6 case, sir, but -- ycu can apprcciate why the Eonrd is 7 concerned: you hava checo lettere from Dr. Gofman for 8 prs:tically over c year, and you preferred to wait until 9 after the fact to raiso che icsue by a separate notion to 10 strike, rather than raising the issue during the examination 11 of Dr. Frigerio. 12 Could you clarify thia, Mr. Deren? 13 MR. BAEGN: It has been a pechien,- apparently 14 which stemmed from the prior representation of the coalition 15 vith respect to the earlier hearings. Apparently information, 16 councel, was given to Mrs. Stebbins to the eff rch that 17 nothing could ba dcne to correct that testimony, and that 18 whatever correspondence they did have could not be used. 19 I'm sorry. I was not involved; I know nothing 20 about it. It wau not until this hearing at a point in time 21 when th prior transcript was to be incorporated that the 22 issue then came back up and Mrs. Stebbins then conferred with 23 me about it, and of course she showed me those letters, and 24 I said, "Well, there's only one way to approach it, and 25 that uould to through this method.

1084 I So that is really the background of it. We jrb3 2 were not aware of the opportunity to do it. I personally 3 had no knowledge of the letters even, at the time he began 4 to tactify. That vocld have been the point to tect his 5 credibility, I agree; but at that point in tiac this trans-6 cript had not come up to be incorporated. 7 CHAIM W1 FA!S;dIIDES: You are really not answering 6 my questions, Mr. Bhron. I can appreciata what you have 9 just said with racpect to the motive for doing for what you 10 have dcne in the way you did it. 11 Ncw, you had this information. You had tucat picecc of evidence. Why did you not rai:le thant at the 12 i 13 time of the c:caninntion of Dr Frigerio? 14 MR. BAEON : Well, that's tha point I thought I 15 just mada. 16 CHAIniTdi FARolnKID25 : Woll, it seems to na that 17 with chis hind of documentatien that you are submitting, 18 going to the credibility of this witnesc, that you would raise. 19 it ac to the credibility of the witness at the time -- you 20 are saying that you have raised them in response to the move 21 to incorporate by reference in this transcript the ' rano-22 cript of the previous hearing. Those are two different 23 things, sir. 24 MR, BARON : Well, I an answering you, sir. I 25 did not personally -- I was not even aware of this u kl;

1085 t correspcndence at the time that he first took the stand to -jrb4 2 even challenge his credibility; otherwise I would have done g so. Tnat would have been normal procedure thct I would have 4 folicWod. 5 CIO.IrdAN FARifAKIEES: But your client was aware 6 of it. 7 2:2. EARCN : Cha was aware of it, but that was O lost in the morass of papera that she has been struggling g with. That 's the si:nple ansusr. 10 CHAIEHAli FATlM: IDES: All right. 11 Let us proceed. 12 Mr. Daviu? 13 MR. DAVIS: Thtnk you. 94 B'l MR. DAt11S : gg Q Dr. Frigerio, I now refer you to a letter dated biarch 21st, 1973 fron Dr. John W. Gofman to yourself, a 16 letter in the continuing series we are involved with. i,s 18 Was there sono lotter betusen February 5 and March 257 jg A 20 Q E:t use me -- Mar h 21st. 21 A Ntt my knowledge, 22 i MR. DKVIS: I w uld m v that thi 23 letter dated March 21st just re01rred to be accepted in 4 25

p.u I l 1086 jrb5 1 CHA7.RMAN PAKCJIDES: Ic.y objection? 2 MR. BARCU: Mc objection. 3 MR. CILirCOFF No objection. 4 CHAIKL'W FARiMIDES: It will be so received. 5 (Lotter, John W. Gofman to G Dr. N. A. Frigerio, 21 March 7 1373, was marked Staff's Exhibit 0 No. 5 for identification, and xxxxxxxx g uac received in evidence.) 10 EY MR. DAVIG: Dr. Frigorio, cre tlera portions of this lettor 11 0 3 12 that would go to tha explanation of the allsgation that your 13 testineny in the lact sammer's hearing regarding Davis-Besse 14 was incorrect? A I believe the best answer to that would be to 15 16 quote at least the first paragraph of thet letter.

Dear Dr. Frigerio:

17 la I have bcon ctudying your paper in detail so that 19 I can make the co=ments on the issue of the second half 20 of the paper, namely, the issue of malignant mortalities 21 versus the radiation background. I find myself unable to 22 complots my own analysis until I can see the state-by-stato "U "U "DI* 23 a me 25 ditems listed there, which becama grouped into A, B, 24 } 25

1087 l 1 C, and all U.S. Thareferc, I presume you must have the 2 stane-by-state data for cach of the 25 items. I hate to ask 3 you to reproducs those fc:: me, but I have no availability 4 of the Tables which led to this summary. If I could have 5 thosa state-by-state tables, I baliave I could go forward 6 on th*3 analysic." 7 CEAIPJUJ! FA.N.1: IDES: That is encugh, sir. G I think the point la made. 1 9 Any more letters? 10 MR. DAVIS: Yea, Sir. 1l CEAIRE'T PAR &EIDES : How many more sir?' l 12 Idsntify them. 13 MR. DAVIS: Thora is a letter dated 27 March 1973, 14 frcm Dr. Gefman to -- szcuca ne ~~ from Dr. Frigerio to 15 Dr. Gofman. 16 CHAIRPRI FAEMAEICES: What in the naF.t CnC?

7 MR. DAVIS

A lo' tor dated 2 April 1973 frcm c 10 Dr. Frigerio to Dr. Gefman. 10 And lastly, there is a note -- let's call it a 20 lettar -- put on the cover chest of a paper entitled 21 " Cancer Mortality and the Radiation Background" by Dr. Norman 22 A. Frigerio, dated 21 Hey 1973 from Dr. Frigerio to 23 CHAIm!AN FARiAKIDES: You want to mark them and y f r em, please? 25 1

1088 'jrb7 1 MR. DhvIS: Yes, sir. Might I have one noment, 2 ploacc. 3 CHAIRMAN FAICIAKIDES: Cartainly. 4, (Pauca. ) 5 MR. KARMAN: May we identify these, please? 6 CHRIR:GN FARMAKIDES: Yes, pleasc. 7 f. BY MR+ UAYIS l 3' O Dr. Frigerio, I uculd first ach you, cro there 9 "U); cther letters in this scris.c, oth'ar than the letters 10 dated 27 March, 2 April, and 21 May, that I have just referred to? g3 12 A None that I am aware of to this datt. 13 MR. DAVIS:

Fine, 34 I would identify the letter of 27 March that I 15 have spoken of cs Staff's E::hibit No. 6; the letter dated 2nd April, 1973 as Staff'c Exhibit No. 7; and the letter 16 dated 21 May 1973 as Staff's Exhibit No. 8; and offer them, 37 CHAIRM7R FAIU4MCIDES:

Any objection? gg MR. BARON: None. 19 .MR. CHAENOFF: None. 20 CHAIRMAN FARMAKIDES: They will be received in 21 evidence. y l (Lotter, 27 March 1973, Dr. 23 Frigerio to Dr. Gofman, was 24 marked Staff's Exhibit No. 6 25 L

1089 jrb3 1 (for identification and was 2 received in evidence.) i xx.ux 3 (Letter, 3 April 1973, Dr. 4 Frigeric to Dr. Gofman, was marked 5 Staff's E::hibit No. 7 for 6 identification, and was received 7 in evidence.) 3 (Lotter, 21 May 1973, Dr. 9 Frigerio to Dr. Gefman, was

cc:xx.ux 10 mark.ed Staff's I:dlibit No. 8 for g; e identification and was received 12 in evidence.)

t M #" MMU 13 y 0 Dr. Frigorio, arc there any other portions of these letters that relate to rha discussion, the allegation 15 16 that your testimony in last cummer's Davis-Becco hearing was ' incorrect"? 37 CHAIR!W1 FAR11AKIDES: Let me put a caveat on 18 that: We don't want to repent. I think if there is anything

g

^ new that is in there, that it should be brought before the 20 FLLN k OI].) d;2) M U1)(W) ' r a ~/)c+ h grouo here; = 1 Minn net 2.r c= act 2.ntercat. 21 ,f 'Q - +, ty 1_ THe, WITLESS: There is perhaps only this one g elemant of potential -- CHAIRMM1 PARMAKIDES: Do you understand uhac I mean? L

1090 jrb9 1 H2. DRVIS: If the Ecard wishes for the sake 2 of spaad to sacrifice what might he a little clarification, 3 certainly. 4 C1!>.IIem1T FA21AKID2S: It isn't a quection of 5 speed, sir, it'c a questien of duplicating the record over 6 and over again. Once you've made your point on the record, 7 there is no conse in duplicating the record again. So there 6 is no question of speed. 9 If you think it's necessary to bring in some 10 now issue that you want to bring before the parties and 11 before the Board, fina. But, at some point there comes a 12 time when the Board vill say: "You are duplicating :he 13 record. It is just redundhnt. There is no additional 14 ' information being supplied for the racord." 15 That was my point. 16 MR. DAVIS: Well, the Staff did not wish to Lmply 17 that it was being limited in its exposition of what the 18 contents of thoue letters are. 19 CIIAIEIAN FAFJ4AKIDES: Dr. Frigerio, proceed, sir, 20 if there is something novel there that you think will add 21 to the information before the Board and the parties. 22 Tlin WITNESS: There is a tiny element of novelty 23 and it is simply that I replied technically to Dr. Gofman's 24 comments, and mailed him all of the data I had -- computer 25 outputs, and so forth -- and as I re-revised, or rather,

1091 1 mere properly, amended and cxpanded the manuscript one more jrbio 2 time, I mailed him that, too. And so he has all of the 3 mar.erial E.t hand t. hat I havo nailed him, and has had since 4 the 21st of May. 5 And that enda the u.atter. 6 CHAIPJGH FAFilaKIDES: All right. Thank you, 7 sir. 8 Mr. Darcn, crcas? f xxxxx 9 CROSS-F.D.MINATION 10 DY MR. BARON: 11 Q Dr. Frigerio, did you roccive any criticism 12 frca anyone cico in the scientific world with respect to that 13 P29er? 14 A Yes, sir. Well, 25 to 30 reviews were done. 15 0 on that paper? 16 A Yes. 37 Q And this paper was predica:.ed on this Gofman-gg Tamplin hypothcais? 10 A Not entirely, it was one fragment of it. CHAIPJGN FARMAKIDES: Excuco me, sir. 20 Mr. Baron, just to be sure that the Board is 21 with you and just to be sure that we are all cn the 22 same " frequency," are we all meaning the same by 23 "criticiam"? Scientific criticisa might be a little bit 24 dif ferent from legal criticis.n. I am not quite -- please ] 25

1092 i jrbil 1l erplore that, sir. l 2 07 IiR. EARON: 3 l Q Non, putting it in a different way: Did any of 4-the 25 partica takia issue with you as did Dr. Gofman, perhaps S in c less angry tone? 3 A tiery, very much Ausc. I wouldn't even be able to 7 l compare then. d 0 Thera were techni.ce.1 c =menta of many sorta. Some p of th;n wculd be called " criticism" in the legal conse, in 10 that they were literally -- acked: "How can you do this?" gg or "Why should you do that?"

• hey constituted perhapo 10 percent of the total 12 '

h 13 bulk, which van to perhapa 40 pagoc, all told, 14 I, et the precont writing, knew of nene of these i-g5 reviewars who ic not satisfied, once I erpanded and explained;' IG overwhoiningly as far as there were problems and criticisms 17 they were due to my over-compressing the data for the gg audience involved. 3.nd so, as I expanded it further, what

g I believe the legal mind would call criticism has dropped

~ to a =ero level. 20 21 Q And hava you received lettars from these individual; 22 to the effect that they are now satisfied, or they agreo With YU"? 23 24 Is I have tha varicus comments, yes. Some 25 "" "W **' as is comacn in the scientific community; come h.

I F 10@3 I signad. jrbl2 2 0 you have not received cuch a letter, thcugh, 3 frca Dr. Go&.an? q 4 A 1?c I hn'as noc. The last letter I roccived i 5 frcat Dr. Go6.an ha.s boe:: placed in evidenc2. 6. Q In which hc vas still asking for infor: ation. r 7 And you might cay that as of the date of his laat piece I g* of correspondence tzith you, then, you -7ere stil.7 at issue 9 over certain pointa? I I 10 Is llo, I would act say that. I think if you es:cmine 2 gg that y/ou.iill coo that vhut we cre doing at that point is I g2 no store than clarifying. Any concept of issue secas to have vanished bv thnt tino, 13 MR. BARGJ: I have no further questiona. g4 CHAIRMA11 PAFJ!AKIDES: Mr. Charnoff? 5 HR.C CR. 16 Q I taka it, Dr. Frigeric, that the paper at issue g ~hore has been subjected to the normal proccacen of review gg C any scientific pr.por? 19 A Far, far, far more than norn:tl. ,.0 c. MR. CHA!!NOFF: Thank you. 91 I have no additional questiens. 22 CHAIR'iMI PAR?tAKIDES: I4r. Davis? g MR. DAVIS: Mr. Chairman, I h*culd therefore g urge that the Board deny the notion, Intervanor's motion, ,,e il

1094 - jbl2 - ) to s:rike this testimony. And alco the Staff moves to 2 dismiss that same motion en the grcund that on its face 3 it in inadequate to show that the testimony thct Dr. Frigerio 4 gvre at lact summer'c acusion wac in correct. 5 In cddition, wa saa that additional O correspondence has taken picco, that tha Intervenor has not 7 furnished uc; this was held for nearly a year. Although m 8 apparently an attszpt was made to gather further correspon-9 dcnca in this ceries, but we were not given this corres-to

pondence, gj These letters, these five letter: that were 12 ffered as E:chibits A through E by the Intervanors, attached 13 to that notion, could have bacn used as the basis for the g

cross-examination c2 Dr. Frigerio when he was on the stand earlier. In addition, chey could havo been uccd to refute 15 jg the incorporation by reference of the tranceript of last summa.:'s hearing. g CEUPJul.N FAf01AKIDES: The Intervenors, I think, jg have indicated that apparently this information was not 39 re ognized; at leact it was not recogniced by this counsel 20 until after the testimony of Dr. Frigerio; and I think that g the Board will accept that. 22 The Board has a couple of questions, 23 DR. HAND: Dr. Frigerio, what is the status of g4 thic manuccript now? a5 1 I i i w

1095 jrbl4 1 THE UITMESS: It is now again in the hands of 2{ Scicace,, The editor rcturned it to me and asked me to I 3" expa;td it considerably, and I onpanded it by about another 4 third, and returned it to him. 5 This can some wecks ago and I ahaven't hear back 6 yet. 7 DR. HAND: Thank you. 8 >Ut SHON: Dr. ?rigerio, I gather that-9 most of the disagroencan or lach of common opinion between 10 yourself and Dr. Gofmnn hinges en the applicability of the 11 doubling dose concept as against the abcolute numbar of 12 cancero generated; ic that right? T'.nt secus to have been hic $3 THE WITNESS: c

4 imprassion in the beginning and I could not fault him in a 15 censa, in that my style uns so ecmpressed, and I ucs 16 addressing so many hypothoses at once that it was not cles).*

77 how 2 discriminated betwesn the linear cnd the multiplicative models. 18 MR. SHON: Fine. 19 THE VTITNESS: And this than was the issue 20 veruhalmingly that he wished to separate thess two clearly. 21 MR. SHON: Yes. 22 Than considering those models, he essentially in 23 l his first letter horo, asserted that you attributed the 24 linear m del to him, made a calculation with it which turned 25 +

!i 1096 I 1 .,rbl5 out abourd in the pravious Davic-Easse hearings; is this so? d 2-THE WIC! CGS: It is so that he attributed thic 3 but he failed to enanine in detail the structures of these 4 sentancas, and above all,. the referencca. I think when he L 5 L did so Inter he discovered that I uns at one time onamining 6 I all of the hypotheses that had been entended to that time, 7 cnd referenced them accordingly. Sl I believe that's uhat he refers to in one of 9 his latters, uhen he says yes, one hac to strain hard to 10 cee this. t l l 31 MR. SHON: Then you did n't in fact ct least in j &R &[L 12 your cmrTiihdribe-t+ thic hypothesis to him? 13 THE !!ITNESS: I did not. And in ordar to bc 14 cartain. that it uns not sin. ply my own prejudica in this 15 mattur, I had thic reviewed by a nushcr of independent people 16 with that in mind. My question tias: Eave I in fact 17 attr:'., outed to Dr. Cofman and Dr. Tenplin a hypothesis which 18 was not theira? They replied cfter considerable analytical 19 time, No, in fact,you have not; although it would be voll to 20 t2ake this clearer. 21 MR. SHON: Thank ycu. 22 CHAIRMAN FARI M IESS: Dr. Frigerio, on September ' a the 12th there were two latters sent out by Dr. Gofman, one 24 to you, and one to your superior. And the lettar to you 25. superior in essence said that you had made certain gross i I

1097 j ~-b~l 6 1 misstatements, c.nd therefora your calculaticaa were 1 2 errotecuc. a t 3' New your cuperior then recponded by letter 4 dated Septomlmr the ICth in which he acknowle.dged the S Septenber 12th latter, as orproscing strong disagreer.cnt, G -- I am quoting - ' e strong diaagrecracat with the 7 calculatiena made by Fricurio in the racent report. I shall lcok into thic r~6 r. .. ch ano n e.s -.* C 8 rurthcr cocaunicacicn 9 with you." 10 What has your suparlor dona, cir? 11 THE WITNECS: My supericr got in co:munication 12 with me and discuccod the metter with me cnd -- if I expresced. 13 his feelings I m uld -- it veuld be heersey, ao I che'.n't. 14 CIIRIrled! FAPJiMIDZS: Has any action resulted 15 from that Iceter? 16 THE WI7.USSS: In what sense, cir. 37 CliAIRMAN PARMAKIDES: Havo you in any way been 18 reprimended? 19 TIIE MITNESS: Oh, no, sir. ~ 20 CHAIRMAN FArd4AKIDES: Have you in any way been 21 spoken ito in something lecc than a reprimand? 22 THE WITNESS: I have. This may be hearsay evidence 23 -- but quito the centrary -- g CIIAIRMAN PARMAEIDES : No, it's not; if he's 25 speaking to you, it's not hearsay. I

1093 TH2 WITNESS: No. In fact I was, you might say, jrbl7 2 alnest conmended for ovarything c:: cept the fact that this 3 had caused cene notoriety. But he passed it than to other 4 nembers, cther superiers of mina, who examined it from a 51 biological and technical ocandpoint. 6 CHAIPl s FAPX:7. ICES: All right. Any further 7 c::arinction? O (No reaponac.) O CIIAIPl!!di FTJRMEDUS: Hearing none we will 10

proccad, l

11 Thank you, sir. i 12 Giitnesa excused.) 13 M2. BARCH: May I ncke a response to the Staff's g re. marks on the notion? 15 CHAIPNAN PAMAKIDES:

Proceed, i'

jg MR. BARON: The hypothesis, the basis, of this ' 97 whola thing is sonething created by Jchn Gofecn and Arthur 13 Tamplin. It is their work. We asscme they are the ones ID who know what they intended to creato. And they would then 20 be in the best pocition, I.uould presume, to evaluate 21 somebody's criticism of that. 22 And when a man writes a letter dated September 12, '72, in which he says, " gross misstatament of our 23 24 hypotheses," " grossly and overtly misstating our hypotheses" -- that is pretty serious. And ha apparently is in a 25 f l 1

1099 1 position to know t+ hat his pociticn is. -}rbla 3. Then in a caries of co rcspondence which apparantly has not baun completed -- there may be a gap in 3 4 I tim 2, I don't know -- it has not been clearly shcwn thct 5l Cofman is completely catisfied now. That whatever this C man did -- uhat.cVer Dr. Frigerio did -- has been explained 7 to Gofman, and the ' gross nisatatement of the hypothecos' O4 has now been o :plained a'. ray. 9 That has not been demonstrated. And I am not to suggasting that the Board should completely diacredit 11 Dr. Frigorio's testimony or strike it at this tine; I am 12 only suggesting to the Board now that you have all of this is correspondence, which really centains a lot of tachnical I 14 infort..aticn which ic dar bayend my crasp, to road it and 13 take out of it whatever you wish, 16 Now, that's really the way I am sul.r.l.tting this 17 "O"- 18 CHAIIDIAU FAMLEIDES : Mr. Brron, do you see any 10 reason, before the Board rules on this -- do you see.any 20 reason 'ahy you would need the evidence of Dr. Frigerio in that '72 record for your propored findingc? 21 22 MR. DARON: No, and in fact the question has come l up. and we woro discussing it before: Will that he used in 1 23 preparing.the conclusions of law and findings of fact? y CHAIRMAN FARMAKIDES: I am asking you tha g

1100 1 . question, cir. jrbl9 2 MR. BAROM: We would not need it. 3 CIL4IM1AN PARM7.HIDIS : Hou, do you see c.ny 4 basis in that evidence that would damago your prcposed 5 findings? 6 MR. 3 ARON: I have not read that transcript; 7 I cannot say. 8 CF.AIniAN FAFF.AKIDFE: Mr. Cha noff7 J 9 My point, gentismen, ia very obvious: Is anyona 10 going to rely on the evidence of Dr. Frigario in that '72 1; tranucript for his propoced findings? ja MR. CHAR 2;CFF: I would not like to make a 13 final ccm:aitment. Lat me cay uhy: 14 In the 1972 tactimony there waa certain testimony 15 I believe by Dr. Prige.rio and others with respect to 16 of fe ts on certain flera; and fauna. I think thec some of

7 that may be relevant to Contantion 3.

gg I think the specific area of disagreement reflected 10 between Dr. Gofman and Dr. Frigerio, at least in the first 20 letter, goes to biological ef fccts upon humans. Insofar 21 as that is concerned, and insofar as that referenced at all 22 -- uhich I think is only en page 3144 and 3145 of last 23 c year's tranneript -- I think our posit: ion would be No. We 24 would not need this. That is not in Isaue 8. However, I rtainly don't want to mako an 2S

1101 7 irrevocable cte.beacnt that wo vill make no reference to any jrb20 2 of the tootimony o2 last yan innofar as it may be halpful 3 to the Lonrd in connection with the findinga. 4 CHAIR'En FAE!ARIDE3 : The point was of cource 5 cbvioun: that if none of you ucro going to use that G previous testimony, then the motion to strike becomen noot. I 7 And it is new beccaing apparenr. that -- I'm just not cure O there would be any need for that evidence. I think this 9 record is docicanted amply. j 10 I think the iccues pcssd by the Intarvanor can gg be ansuored buced on the record both from the Intarvanor's -oint of viou and the other partica' palat cf vinv. I don't 12 13 know that you hava to go back to that part of the '72 14 transc/spt er record, I should say. jg The reason the Board wanted it in van in an abundance .E caution, to be cure that the parties cnd the 16 t,e Board had all the evidence in a previous envi; nmental henring 18 that the record would not necrisaarily havo to be duplicated again, in that conce. 10 MR. CHAPl!OFF: Mr. Chair ran? 20 CHAIR!WI PARMl2 IDES: Mr. Charnof f? 21 MR. C111\\PliOFF: Mr. Chairman, I appreciate your g cc= ment with regard to last year's hearing record. I think 3 it may be germas.e to the balancing that tha Board may do .4 in the considor tion of the eight or nine contentions in this 2a_

e 1102 jrb21 I hearing. 2 In this hearing, as you hnov, you have to do the uaighing and balancing, and in that respect.: cme of that f 3 f material may be pertinent, l 4 1 Specifically, however, we vould l' ope that the 3 G Board would rule on uho motico und we uculd assume and hope 7 that the Board would deny the metien. It scens to =c that 6 the Ecard itself indicated earlier that the motion is t 9 addrassed to a limited question of the romaining in the 10 record of Dr. Frigorio's testincny of last yacr. But the 11 issua docs go to Dr. Frigorio's credibility. 12 We happen to know of Dr. Frigario's reputation 13 in tais field, and it ia an cutstanding one; and I think he 14 is eatitled to a ruling on that question as an individual. 15 And I think we are entitled to it for the purposes of this 16 record. 17 ITe think that the notion should bs danied, IG flatly, sir. 10 CHAIRMMI FAR'RRIDES: All right. 20 We vill allow Staff any further ccm:acnts. 21 MR. DAVIS: Mr. Chairman, after further reflection 22 the Staff's blanket statetent that it would not use the 23 record from last summer's session in its proposed findings 24 has been weighed, and I would withdraw that atatement. I 25 think it could very well be used in those proposed findings.

1103 jrb 22 IL In addition I believe and agree with the 2 Applicant'c Stater.cnt just nov, that atriking the testimony 1 I purnuant to tho Intervonor'c action to strike, or in nome 4 other way refloccing upon Dr. Frigorio'.4 tantimony of last 5 year, could very vall refolect upon his testimeny and 6 its credibility in thic hearing. 7 CHAIPm H FAiW l~IDSS: Excuco mc, air. Do I G understand you to say thch you.muld no:t intow.1 to roly 9 on tho toctimony of Dr. Frigarior from lact year'n record 10 for yon: proposed findings; in tact uhat you are saying? 11 HR. D.AVI5 : - There are portiona ac ha: been 12 j pointed ont in last year's testi. mony -- 13 CHAIPl9l! FAPJtA.9 IDES: Yea, I understand that 14 generally. But I am going to the specific point that I 15 addressed ocrlier and that goes to this motion to strike: 16 Are you geing to be rolying on the esotimony of Dr. Frigorio 17 as we.s procented during this'72 transcript? 18 MR. DAVIS: At this point I can cay that we won't 19 be using it. 20 CHAIRMA!4 FARMAKIDES: All right, any further 21 comments, cir? 22 MR. DAVI5 I would add one thing: 23 The striking of his testimony of last year would 24 definitely, in the Staffi c opinion, reflect upon his 25 credibility in this sessien.

1104 1 CHAIN'J14 F.1PKr. KID 25 : That's something else. jrb23 2 Mr. Baron, I will give you the last opportunity. 3 MR. E ARCM : I hava ncthing further, sir. 4 CH3IW93 FAIUG.XIDES: All right, we vill take 5 this under advincmont and we will rule on it today. G Anything further cn this one? 7 (Mo ronFcn30.} 3 CIIAIRMM Ft.PF.AXIDUS: Let'c go to the ne::t 9 motion, a motion cf Intervenor to delay closing of record 10 on irsue 2 and appended to that is a notion to ccmpel disecvery; and then there in an affidavit attached to those. 11 Mr. Baron? 12 1 MR. BARCN: Earlier thin morning, Mr. Chairman, 13 I discussed -- I mentiened tho dolaying of the closing of 14 the record until Friday noon. It is not my intention to use 15 that method as a ceans to back into this particular request. 16 The affidavit, of courae, is of Mrs. 37 Stebbina and she in the one who, throughout this proceeding 18 bara the brunt of the trork, the preparation, and so on.

9 And again, it was similar in nature to the problem that shc 20 had with this correspondence we were talking about regarding 21 Frigerio and Gonnan.

g It had been indicated to her numerous times if 23 something comen up, lot me know, and we will filo this motion 24 to compel diceovery; and, unfortunately, this did not 25 1

i 1105 jrb24 1 nur ace until -- I must admit -- rather late. I didn't d 2 cay "too late", but I nay *:ather lata". 3 2 vauld propor that if the Board would grant 4 thic request that thic discovery cculd take place between l 5 now end Friday hecaune thin Harron Testing La);, I believe, 6 is a local coupany; it's a Cleveland company. And if, in 1 7 fact, the material in thc:r.e, uc perhaps wocid than would uant G. to e ffer it as an 02;hibit. 9 Ncu, I don't 12teu how that saculd bo handled. END to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

wal 1 1106 1 I an again, perhcps, using the words of the 2' Chairnan of the panel, to make c complete record, as complete 3 a record as possibic. 4 CHAIEMAN FAPl!AXIrCS : So you're saying, then, 5 that you'd like to, and your motion to delay closing of 6 record on issue 2 until Friday? 7 MR. EAnGN: Yns, that -- 8 CHAI" Jinn fan?&JIO2S : That certainly changes it 9 considerably, and it maken it mora attre.ctive in many ways. 10 New it. that uhat you mean, Mr. Daron, or is that the uay 11 you're amending it? 12 MR. BAP I liko what you said, but -- would 13 you se,y it.again? 14 CHAIRMAN FAPi!AKIDES: Well, I'm saying that you 15 have amended your motion; in effect, cs I undurstocd you, sir, 10 so that your motien would now read, in effect, " Motion to 17 delay closing of record on Issue 2 until ncon Friday, August 18 10." 19 That's the we.y I understood you. 20 MR. BARON: Yes. Of course, this is independent, 21 of course, of what we discussed with regard to the other 22 e:chibi ts. 23 CHAIRMM PAP 3AKICES: Right. And what you would I 24 d, then, based on that, you would submit an exhibit relating i to Issue 27 ) 25 .I

1107 wel 2 3 MR. BAROti: That'o correct. 2 CHAIRISH FARMnKIO23: Well, nou, lot me hear 3 comments from the or.her partier,. This is a littlo diffei'ent 4 frcm the moticri that you nubmitted earliar, and this might 5 be a place whero the other parties might talk to you, cither O en the record, or -- dc you went to talk -- 7 1 MR. CnA morF: May wo have a moment, ploaan? 8 CIIAITU!M1 FAFifM*.IDZS : Yes. 9 (Pause.) to MR. CHAR"ON : Mr. Silb.arg will addrcus this 11 point. 12 !!R. SILDERG: First, I will note, Mr. Chairman, 13 the special prehearing conference order catablished a ochudule 14 for discovery which said that diacovery would continue until, 15 I think it vaa June 22nd. 16 In response to the discovery achedulo, interroga-37 torier woro filed on uc by the Coaliticn. We made available 10 subatantial quantities of documents. We made available to gg them for their intervimi those peopla that they identified 20 they'd be interested in talking with. We mado available to them a visit to the sito, which they took advantage of. 21 At the time following the special prehearing 22 conference, wc were requected by telephona call from Mrs. 23 Stchbins to provide her with various quality control documents y r lating to the cooling tower, and we made those available to 25

e wal 3 1108 1 ner. 2 We hnvo complied widt all diccovery requests. The 3 discovery procasu was completed long ago, and it would caen 4 to ma that en ettempt at this time to = tart a new phase of 5 discovery, af ter the hearing has already been completed, and 1 i 6 i without any showing of relevance to one of the contested 7 issten, would juru te very untimely. I e I would als o note that the matter of backfill, i 9 which seems to be the subject of the motion, is thoroughly QQG 10 discunaed in Mr. Ik erJ.c direct testimony, pages 11 and 12, gg Figures 9 and 10, which in direct testimony we subnd.ted on 12 July 17, made available to the Coalition at that tine. l There was no cross-emaination by the Coalition 13 i s g4 on the matters which they now seek to raise. 33 I would also note that en our motion for summary 16 i disposition, several facters were admitted without controversy, that vore not challenged by the Coalition in their response if to our motion. One of thene facts, fact numbered 6, under 10 ssue 2, m c at de foundation of the cooling tower and the soil surrounding it and under it, will withstand high water 20 levels from storms. This is one of the admitted facts, g unchallenged. Therefore, it is not an issue in controversy 23 anymore. It would seem to me that the controverted issues h

1109 wal 4 as stcted by the Docrd do not relate to this nattar which 2 they no r scoh ce raita. i 3 I would also nota that the references in the 4 affidavit of Mrs. Stabbins, cad the motion to cc:npel discovery ! are not entiraly cor.plete or acetrato. Motion to compel 5 6 discovery, paragraph 4, says that information provided by 1 7 Mr. Lowell ace with reeptet to Herren Testing under cross-O examit.ation, transcript pagc G61 lines 13 through 24, does 9 not'.;ecessarily appear te he correct. ~ 10 She appears r.c base thic on a statement in her 11 affidavit en page 2, that a Mr. Sutcliffe, who incidentally 12 was a person identified by tha Applicants in their answers 13 to the Coalitian's interrogatcrian, that Mr. Sutcliffe, when 14 contacted by tne Coaliticn had adviced them that Harron tg Testing had dono testing for backfill material. 16 How, if you compace the transcript reference 17 cited by the Coalition, questien by Mr. Baron -- and I will

g raad this

gg "Are you sure, Mr. Roo, that Herron Testing did ~ not make any testa cn the quality of the rock, of the 20 21 fill rock, of the dike? "MR. FARMAKIDES: He has already testified to 22 23 that, Mr. Baron. "THZ WITNESS:

r. Roe) To the best of my y

~ knowledge.they did not, that's correct. " g

1110 wel 5 I That state::ent is anill correce, even accepting 2 the affidav.t of tirr. otebb4 nc that c cy had done tes ting 3 y L.( $ S - fc.i 1. 6.s:si.e.l. i 3 for Anu backfill material ia not, and was 4 not, the material free which the tasts were mado. The 5 backfill natorial is material discussed in Mr. Roe's testimony 6 on the page that I cited before. 7 Evon taking the affidavit as it stands, then, 8 there is no grounds for reopening the record at this late 9 date. Any information which the Coalition wished to get could to have been obtained through requests made during the discovery 11 period, and I don't think there's cny cause for reopening the 12 record at this tina on this issue. CHAIPJ' JI PAR'GRIDES : Well, that is, of courne, J 13 14 our last point. Mr. Silberg is correct. Uut the previous 15 point I'd li'(e to have Mr. Baron address, the f act that you 16 admitted it during the mction for summary disposition. 17 MP-BAPCM: Well - 18 CHAIrdiAN FARPAXIDES: Once it's been admitted, 19 why in the world are ycu bringing it back up? 20 MR. BARON: My response to his corment would be 21 that if that is a fact, then he's right. And it certainly 22 would be an oversight on our part. We did not realize that. 23 CEAIRMAN FAPJ!AKIDES: Well,,I think we should 24 examine that, because it's conclusive to this Board's ruling too. So -- let's go off the record for just a minute. 25

1111 wal 6 1 (Discucsion off the record.) 2-CHAIPlGM FAFiS*.ID3S : Each on the record. Can we JrocScd?

Ir. Baron?

4 MR. B Ah, ' t Mr. Chairman, the problem is one of 5 chronological delay. I recogniac the point that's been made 6 by the Applicant that in their proposed finding -- I'm sorry -- 7 su:mnary disposition, they did cet forth a cpecific cne dualing 8 with the escence of this motion. 9 Apparently, though, in point of time, ?!rs. 10 Stebbins was still struggling to obtain the very information 11 which, had it come through the way she anticipated, might 12 have given the basis to take incun with that specific item 13 in the summary dispositicn. Iier affidavit, I think, sets 14 forth the delay, the dif ficulty, that she met in her ef forts 15 to get thic information, and it took her beyond that point 16 in time where che could have answered that issus. 17 Is that correct? gg MRS. STSBDINS: I think the 19th was the day for gg the summary disposition, er something like this, and on the 20 20th I'm still making another trip to the DavislBosse plant 21 to try and get information, trying to talk to these people. I 22 I had, you kncv, at various occasions, as outlined 23 here, made arrangements to go and it was difficult for them, 24 too. I mado four trips to CEI's office to get information, which was still never supplied. 25

1112 wel 7 MR. BAROti: If I may add to this, I can anticipate, ?. perhaps, what the Chair night say, that despite that, ne should have syrchroniznd, and that that notion to compel 3g a disposition should have been in therc. I can appreciate 5 that. CHAIRMAN FARMAKIDES: And I'll go ono step 6 7 further, Mr. Baron. Arguendo, assuming what you just said to be correct, what in the world is the relevance to issue a 2 as it is frensd now by agreement of the parties? This was 9 the serious question that the Board R. cad tAten wa considered 10 it, after we received it. gg MR. baron: Very simply -- if I can sort of 12 9^# ~~ 13 Mrs. Stabbin.3, that the material used for *he foundation would g ~~ ^ ""Y

• ~~

IS 16 had reason to believe that there had been indications. The testing carne back negative, shall we say, as'to the substance meeting the quality standards that had been sut. And she again had reason to belicve that this would be established, or g not, throurJh these reports that she had been attempting to get. MR. SILBERG: Mr. Chairman, may I respond to that? There are three points, really: The first is, Mrs. Stebbins, if she were really

I 1113 wel S 1 concerned, sha could have frazad specific interrogatories at E the / cry beginning. 3 CHD.IRMN! FAR GKIC25. Mr. Silberg, let's not tn.';c 4 that tack, because wa all recogni::o that. 5 Mrs. Stobbina had no ccensel, initially. Mr. G Baron came in later, and Mr. Baron himself has admitted that 7 Mrs. Stebbine ic his right arm. She's got the technical 0 knowledge. 9 So let's take a different tack. 10 MR. SILBERG: The cecond point in the controverted 11 issues, as the Doard stated at transcript pageo 341 through 12 343, whether the ground elevation and the wave protection dike 13 assure that the plrit ic adequanely protected against all credible floods - 0lll[ 0 W, wher.her the wave protection dike 14 15 is constructed to withstand wave crosion and wind-driven ice. I 16 I don't noe that this i2 relevant to either of those two 17 issues. 18 Furthermore, the very question that she's now 19 concerned wid1 was discussed in our testineny, in our direct 20 testimony. And finally, if, in fact, they had dif ficulty in 21 22 responding to our summary disposition motion, the Commission's Rules provide that if further discovery is needed before 23 response can be mada to summary disposition, this is a grounds 24 for answering sun:cary disposition. Sub-section (c) of 2.749. 25

1114 wel C 1 CHAIRMJW FAR!aKIDE5 : Anything further, Mr. Baron? y, Md. BARON: No, sir. 3 CIlhIEMAN FAR!GKIDE3: Staf5? 4 MR. DhvIS: We can add ncthing further to the 5 discussion that hac just taken picco. CHAIRMAN FARMARIDES : We're going to recess for G 7 about five minutes, and we will, I think, conclude our 3 thinking on the notions and we will rule. '!R. CHARNOFF: Mr. Chair: nan, there is an outstand-9 10 ing :r.oti n which the Doard hec raserved en, and that was -- CIIAIRIW! I'AR'IARICES : Yes, I kucw, sir, and we g vill addrons it. That in your motion to recencider? g t MR. CIIAD:OFF: Yes. I'd like to aake a one-minute i 13 I observation here. CHAIm8JE l'ARMAKIDES: I don' t think it's necascary. The Beard has been thinking about that, too. MR. CHARNOFF: It's a change of position, in effect. CHAIRMAN FARIRJIDES: A change in position? All right. sir. 20 MR. CHARNOFF: Holl, my motion, if you recall it, was a motion tc strike the issue of Contention 9. We think 22 O 171) that at this point W wh1 e I think that motion was, on 23 its marits, should have been granted, and could still be grante,' at this point in time, that having had the benefit of 25

1115 wal 10 ) the full record that was obtained yesterday in connection with L 2 Contention 9, that what we would prepose is that the Dcard 3 consider Contention 9 on its carits. It might also decide, 4 having reserve the motion, that it would grant the motion. 5 But wa would not be in favor of a simple grant of the motion 6 without any concidaration of Contention 9 on ite merits. 7 CHAIPlMM TAPM'J<IEES: 1:ay I have that -- let's a be vary clocr. I diink I understand you, Mr. Charnoff, but 9 I want to be very clear. 10 You're saying, in essence, that should we decide 11 to deny the cotion, then we would ei: plain it to a certain 12 extent. Should we decide to grcnt the notion, you want us to 13 grant it with a consideration of the issue. t 14 That's tha way I undarctood you. i 15 ME.CHARNOFF: Well, it's -- l 4 16 CHAIMAJI PATJIAKIDiIS: Well, I'll tell you what l 17 we'll do. jg Hell, let's hear it. 39 (Whereupon, the Reporter recd from the racord, as 20 requested.) 21 MR. CHARMOFF I apologiza for that. Mr. Silberg 22 made that statenant, I didn't. 23 (Laughter.) CHAIRMAN FARMAKIDES: I trink it's cicar the y essence of your notion is that if we gr. tnt your motion you 25

wal 11 1116 s, 1i unnt us to discuss contention 3 on the merit *:. 2 MR. CHAmioF7: We would like you to grant the 3 motion and consider Contention 9 on its merits. 4 CIIAIRMAll FAPJGRIDES: All right. 5 MR. CHARNOFF; In the propoucd findings -- in G the decision, rather. & Lb 7' C"ATR: FAID:A IDE,: W Perhaps it might MCL 0 h ND 8 bt M*rie h'n -- he the parties fool? Do you vant a recoss .9 of fifteen minutes and allow the Board to cct. sider all the 10 notionc? Or do you ifant us to simply adjourn for lunch, 11 reconvene in an hour, and rtvle at that time? 12 What's your desira? tsc 2ca:-d can do either one. i 13' IG. BARON: I would prefer that wo adjourn for 1 14 ' the fifteen ninutes, because I don't balleve that there's 15 anything else -- 16 CHAIINAIT FA'@!AKIDES: All right. Fine. We'11 17 adjotr:n for fif teen minutes. ja (Recess.) 19 20 21 22 23 ~ 24 1 25

1117 97 1 h CHAIIDIAN FAICT.r; IDES: tie can proccad. Enl l l 2' First, bofera the Eccrd rules on the motions 3 before it, we'd lihc to e::grecc the thanha and the apprecia-4 tion to counsol for tho three parties and to the throu 5 pcrties. We very much appreciate the cooperation that has 6 been so evidently.d3spinyed here and the very responsible y approach towards resolring the issues between you. We a cortainly can crierstand why the hard fought issues semotices g do not lend themselves to a resolution by the parties, between to the parties by stipulation; but wo vary much appreciato again 11 the responsible, professicual r.pproach to the issuec and the 12 proceeding. 12 Let's go to the motions. "ha motion to strike 14 the testimony of Dr. Frigorio. The Scard has considarsd this 15 m tion seriously. Whcn one considers the exshange of 16 correspondence betwocn Dr. Gofman and Dr. Frigario as 17 submitted by the J2C Regulatory Staff, supple.enting the 10 exchange of correspondence between these tuo persons as it was appended to the Intervenor's motion, it u$A'V./2/ d c ulr to this gg go Board that the Intervenor's motion is not supported. Accord-ingly, it is denied. 21 22 The motion to delay closing of record on Issue 23 No. 2 end as amended and its accompanying motion to compel discovery. The Board has concluded that the r/7. Abh n/Jancy-of the 24 inf rmation cought by Intervenors ic.CLN 0 LN CLb[LbD ffl a ca. ear.

Moreover, 25

1110 in2 1 the Intervonors have not shown the Board any reason to 2: continue Incta 1;o. 2 bayond whern it in today. Accordingly, 3 nince the partica have provioucly agreed to a schedulo end 4 to certain statements of facts not in centention, this 5 Board will not delay tho hearing further. The motion is 6 denied. 7 As to motion of the Applicant to recensidor and 8 to dismics Issua 9, uc nre reluctant to dismiss this 9 contantion. Vihile it would appear that the oral testimony 10 of yesterday did not focus on cny ovidence that would sub-11 stantiato Intervonor'c contention, we will consider all the 12 evidence in the record in light of the oral tastimony before ~13 making our final decision. 14 Thoso are the three motions beforo us, and 15 that's the respense of the Bocrd with respect to those thrae 16 motions. 17 The motion of the Interveuors as to the closing 18 date en Issue 2 was acccupanied by a motion to compel tg discovery. We think that is now moot in vicw cf our answer 20 on the parent motion. 21 Gentlemon, thank you very much. The schedule is 22 complete -- I'm sorry. I The schedule.is complete as to the proposed 23 24 findings, and we expect that we will be receiving those 25 propcsed findings.from you.

k 1119 in3 I Mr. 2aren? 2 MR. D4 ROM: During the recesc,14rs. Stebbins 3 was diccussind with u.s and with the Staff and I believe uith 4 Mr. Silberg which of these various exhibits they would not 5 neod, so as to save herscif sor.e time in duplication. 6 CIGIPJEN FARMAKIDES: Which of the enhibits they 7 would not nacd7 8 I don't ut:darstand. 9 MR. BARON: That they personally wculd not need to the copias so that would reduce the numbero che would have 11 to reproduce, 12 CEAZICO.N PA?S E. IDES: Off the rccord. ( 13 (Discussion off the reco.rd.) 14 C! AIR!aN PARMAKIDZ2: I.et's go back on the record 15 for the second point that you wish to make. 16 M P.. DARON: That pas the point. 17 CIIAIP. MAN FAltG.KIDES : That uns tce point. 18 All right, then I'll state that point and that is so long as with respect to the delivery of the documents, 19 P.0 the coruitment that was nado earlier, no long an,Mr. Earon, 21 you assura me that these vill be sent by. noon this Friday, 22 I am satisfied and I will cortainly accept ycur word. 23 MR. BARON: Ycu have my assurance. 24 CHAIPJ!AN FARMAEIDES: Thank you, air. 25 This, then, closes the record; and we will

1120 lnd 1 bc c:cpecting ycttr preapcaud findingc. 2 We Impe the.t wa 'till rend.7r.mn inis.ial decision 3 within a rencont.ble ti::*e thorar.:1 tar. 4 Ti.ank you veer :.mch, 5 (idiercuport, t46 1:00 p.m., the henring in 6 tho abcyc-ontitled matter uc.s au-journed.) 7 1 0 l I 9 .i 10 11 1 i2 13 14 15 16 17 10 19 20 21 22 23 24 25 a}}