ML19323B143

Forwards Coulee Energy Coalition Expressing Concern Re Cancellation of 800111 Meeting on Future of Facility.Requests Response

ML19323B143
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	03/14/1980
From:	Proxmire W SENATE
To:	NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
References
NUDOCS 8005120007
Download: ML19323B143 (2)

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r To ensure proper handling please return all corresponceace TO THE ATTENTION OF:

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Respectfully referred to:

Congressional Liaison Washington,D.C.qCommission

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Please respond to the attached inquiry in duplicate and return the enclosure. Thank you for your cooperation.

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30D4UTlWAC.g.y S00 KIT NUMBER February 26, 1980 r -- ----

INIS 3h The Honorable William Proxmire United States Senate Washington, D.C.

20510 Dear Senator Proxmires Enclosed for your consideration is a copy of a letter recently sent Harold Denton, Chief of Nuclear Reactor Regulation for the Nuclear Regulatory Commission, outlining the position of the Coulee Region Energy Coalition on the matter of the location of future meetings between the NRC and Dairyland Power Cooperative relating to the Genoa nuclear reactor.

Hopefully, this explanation of the circumstances surrounding the cancellation of the January 11, 1980 meeting in Washington which we attempted to attend will be helpful in conveying to you our sense of frustration and anger over such unconscionable behavior on the part of Dairyland.

One wonders what topics for discussion were so sensitive as to warrant exclusion from a public hearing before citizens and the press.

Whatever the reasons, however, as local citizens and coop members wishing to effectively participate in the debate over nuclear power, we can not afford to travel at our own expense to Washington to attend meetings that may be cancelled at the last minute at the whim of utilities like Dairyland Power.

Also enclosed is an editorial from yesterday's La Crosse Tribune which addresses the issues of openness and accessibility and their relation to the nuclear debate.

It may well be that Dairyland has once too often arbitrarily acted to cut off public participation in this debate.

Most disheartening of all is the fact that the NRC accepted, without further inquiry, the very weak reason Dairyland gave for cancellation of the meeting.

Clearly, the NRC wants to believe that Dairyland would not act to preclude public debate.

I, however, am not so optimistic.

With these facts in mind we must inevitably ask, who is ultimately responsible for overseeing the activities of Dairyland Power Cooperative in the public interest?

It is our hope that you too appreciate the need for and desirability of holding future meetings relating to the Genoa reactor in La Crosse, where interested individuals can observe for themselves the activities of their member-owned utility.

Thank you for any assistance you can lend us in this matter.

9 Sincerely,'

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Anne K. Morse

'O MAR 2 7 Ge0> C f r the Coulee Region Energy Coalition Mke d dh 3mmbg 4

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Pcbruary 10, 1980

/t cc; W ED Mr. Harold Denton UGNRo S

Chief. Nuclear Reactor k

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Regulation MAR 27 EB0>

Nuclear Regulatory Cormission 5

Omcsof6SW Washington, D.C.

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Dear Mr. Denton:

N This letter is to inform you of some very disturbing events that have occurred in the past few weeks with regard to Dairyland Power Cooperative of La Crosse, WI and its activities relative to the operation of the Genoa nuclear facility.

As concerned area citizens we feel that Dairyland Power, with your coopration, was able once again to successfully preclude our legitimate participation in a matter that bears directly on our health and well-being.

As I am sure you are aware, a meeting scheduled for January 11, 1980 in Washington between the licensee, NRC technical staff and yourself to consider "a phase-out of the lifetime of LACB?!R" was cancelled at the last minute.

Consistent with the NRC policy out-lined over a year ago as to the desirability of informing intervenors of all meetings which relate to the concerned reactors, and not simoly meetings regarding ex parte matters, staff counsel Colleen Woodhead informed us on Tuesday, January 8 of the abovementioned meeting sehr duled for the following Friday.

After concluding that this meeting was of sufficient import to warrant personal attendance, the Coulee Region Energy Coalition agreed to provide funds for the transportation of the intervenors to the Ja nry lith meeting.

Able only to afford automobile transportation, Mark Bu. aster, George Nygaard and I left for Washington the following evening.

That our intended presence at the meeting was objecticable to Dairyland is all too clear, as evidenced by a Thursday a.m. call to Noodhead from Dairyland's counsel, O. S. Miestand.

f.ir. Miestand was obviously disturbed that staff counsel had informed tha intervenors of the scheduled meeting.

At no time during this. conversation did Mr. Hiestand suggest that the meeting might be cancelled.

Not until Thursday p.m. did Dairyland inform Jim Shea of the NRC staff that l

Dairyland intended to cancel the meeging scheduled for the following afternoon.

As you can see by the accompanying article, Dairyland offered l

two reasons for cancelling the meeting.

In lookinst back over the circumstances currounding such cancellation, it is incomprehensible to us that the " official" reason given, i.e. the issuance by the ASLB of the decision on expansion of LACBWR's SFP, was in fact the most significant reason.

Woodhead had informed DPC's counsel a early as 2e$

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i Tuesday that the ASLB decision would be out before the meeting on Fridny.

Claarly, the innuance of the decision caught no one by surprise, and especially Dairyland.

Thus, we are left to inevitably conclude that Dairyland, in the high-handed fashion that so often has characterized its dealings with intervenors and other local citizens, believes that it can take lightly the much-touted " openness policy" that the NRC professes to follow.

In this instance. citizen partici-pation was all too effectively thwarted.

At this time we feel that it is incumbent upon the NRC to take l

some action, if only to make clear to all that the NRC does~, in fact, regulate the utilities, rather than merely following their lead.

It is our position that henceforth any and all meetings between Dairyland and the NRC relating to LAC 3WR be held in La Crosse, where those most affected by the operation of LACBWR are afforded the opportunity to participate and inform themselves on the issue.

Both the local press and interested individuals have heretofore been singularly unable to obtain from Dairyland an unguarded and accurate assessment of the on-going status of the facility.

It is just this paucity of information that leads directly to mistrust and suspicion on the part of those who attempt to inform themselves.

We look forward to your response on our request as to the locatic of future meetings.

Within our organization sentiment is such that could not be more frustrated with Dairyland and the way in which it has chosen to respond to local citizen participation.

Sincerely, fp11 l 0~/

Anne K. Morse for the Coulee Region Energy Coalition 4

AKM/akm Encl.

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-Nonorable William Proxmire, U.S. Senator Honorable Gaylord Nelson, U.S. Senator Honorable Al Baldus, U.S. Representative Mr. Stanley York, Chairperson, Wicc. P.3C 6

TooJoS05s UQlrVIQnCl mGeilnC -

4-A4ndcy,* February 25,1960

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w with MC postooned f aCrOSSe CriJune m,gegra -

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• An Independent Newspaper

. He said that hearings are KENNETH 0. BLANCHARD, Publisher A meeting between Dairyland demanding in terms of staff time Power Cooperative and the Nu. that must be devoted to prepar-MENNETH F. TEACHouT Editor THOMAS S..lENKS. GenersIManager - clear Regulatory Commission en ing for them and attendn,ng BICHARD MIAL, Opinica Page Editor DAVID B. CCFER. Mensging Editor the future of the Genoa nuclear them, and that past hearings W.T. BURGESS, Pubitsher Ernerttus SANFORD GOLTZ,Ednorhaerttus power plant has been postponed. have been "very discouraging" as far as public opinion towards Foundedin 1904 The meeting. which was to be the plant.

today in Washington, D.C., was r

' postponed at the request of Dahy!and has untilTuesday to als Dairyland following notification convince the NRC that there are qh h'

Thursday that the plant had re. no problems with seismic condi-I D

p Ws7 I

ceived permission to expand the tions at the plant.

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capacity of its used fuel storaga

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j A need to assess the expan-experts can

-0Tl MCieur dower E'e decision"were do E

i th issue an order that will force The need for open discussion and 4tomic Energy Aet designates the Dairyland officials that they D land t p rsu co nh-debate on nuclear power has never oublic adjudicatory hearing as Sggg t cul be attendj If the NRC issues that crder, yp been greater.

such a forum,itprovides a unique by newsmen and by members of it also may mean there uG be a And efforts of antinuclear activ-vehicle for obtaining answers in. the Coulee Region Energy Coali-public hearing on the is

, ts to get the Nuclear Regulatory is public to controversial questions tion, a La Crosse. based anti-Commission to hold more of its

.. t/uclear power is sufficiently nuclear group.

meetings and hearings in La Crosse controversialthatits problems or ! Three members of the coali-

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could result in positive benefits to all epparent problems must be tion planned to attend the meet-citizens and consumers - no natter dealth with and resolved on the ing, leaving Wednesday night to i

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if they support or oppose :.uclear

' merits in full view of the public., drive to Washington, D.C.

LA W SSR, power.

According to Richard Shim-TO hM i

At issue, of course,is the future of Last month Dairyland officials shak. Genoa plant superintend-Dairyland Power Cooperative *s nu-planned to travel to Washington to ent, the presence of these people clear plant at Genoa. The NRC's

.get some information from the NRC. and newsmen at the meeting 1[/p /g Atomic Safety and Licensing Board The trip was canceled at the last may have obstructed the pur.

t last month approved Dairyland's re-minute, primarily because the NRC pose of the meeting, that being quest to expand its spent fuel storage said the meeting wculd probably not f r Dairyland to get some an-facilities at Genoa. But Dairyland is produce the information Dairyland ginNeial still operating the plant on a provi-sought.

em n are go sional license. Its request for a full But another factor in Dairyland's be placed on the plant.

We would not have the meet]

operating license is still pending.

decision not to go to Washington was ine Erourht to a s: ate os casarrav A frequent complaint heard from the fact that members of the Coulee bAa ence of the inte ve-the utility industry is the public's Region Energy Coalition were driv-h wb w e adamant snd lack of knowledge about nuclear-ing to Washington to attend the arror,nt view" about the condi-m power. This source of power deser-meeting. The presence of nuclear op.

tion of the Geno 2.ph p

ves tha closest possible public scru, ponents at the meeting would have " fficial had warned that Dairy-lut. Shtmshak said, one NRC tiny,and holding more heatingsin La reduced it to a '.' state of disarray..

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Crosse instead of Washington could according to one Dairyland official.

land w uld n t und b answen

-m help that end.

Dairyland needs access to the. Il[,**

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e it no presen ing' an Ol-D When it made its decision on the NRC, and the public ts not entitled

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' plans - Just-seeking answers.

spent fuel expansion, the Atomtc by law to sit in evety time a Dairy-As a result. Shimshak said IMS 2 7 E0 Saftty and Licensing Board had this land officials seeks an answer to Dairyland is considering other to say-about the need for public some queMon from the NRC. But at 'metnods of pursuing the infor 6Cta ef the Secretay T n,gg ' Sr.ndes awareness:

the same tirne, the public needs ac motion.

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cess to those NRC meetings and - At this point. he said Dairy-Qa 8

Facid with such strongly-held hearings that are open to the public. land will probably prepare a let-fitt;rences ot opinion, itis impor-Holding more meetings and hear-ter presentmg specific ideas on y

g tnt to r; solve the questions in a ings in La Crosse would ensure that [f the plant s future and additions oublic forum, unless clearly pro-nuclear power gets the full public de-i

'lidit;d by applicable rules. The bate that is needed.

Th am t ng cou!d be held i

_ with the NRC on theitemsin the letter.

Shimshak said that the letter oq m

.would become public, and al-D though that might caus.e some b