ML19326A830

Gives Notice of Petition to Intervene Against Proposed Facility Const at 701208 Hearing in Port Clinton,Oh.Legal, Environ & Safety Issues Associated W/Const of Nuclear Facilities Discussed

ML19326A830
Person / Time
Site:	Davis Besse
Issue date:	11/15/1970
From:	Webb R AFFILIATION NOT ASSIGNED
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19326A827	List: ML19326A826 ML19326A830 ML19326A833
References
NUDOCS 8003050739
Download: ML19326A830 (3)

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CD n 0 cu - \1 U ru Secretary g Atomic Energy Com.niscion D ilashincton, P . C , 20545 .

k Eear Dir; I would like to petition to in'tervene on bchalf of 4 self, a citizen of Ohio, against the construction of. the 71opered Lavis-Fesce "uclear ' power plant'to be located 'in Porthern Ohio. I und erstand that the AEC is conducting public hearin;;c in Fort C11aton, Chio on reccaber e,1970 regardin6 the proposed plant.

It ie my contention that the 1954 1.tcarie luergy Act is unconsti-tutional 'since the act was based on the assumption that Article I, Lection 8, Clauce 1 of the United States Constitution contains a grant of power to Congrese to provide ~ for the common d efense and general welfare of the nation and to appropriate money frc.e the Treasury for the broad and und efined objects,,of common defebee nai seneral welfare.

Yet, the hietorical evidence is overwhelmin6 that the people of the several Ltates when establishing the Constitution conferred no such powers to Congress. The intent of the people wcs to retain the richt to aseess their safety and well being except in certain cases where the federal government was granted authority. These cases are speci-fically enumert.ted in Article I, Section E. The "comaon defense and general welfare" phrase in question, along with "to pay the debts ,"

were included in the taxation power to define the purposet for which money was to be raiced (revenue) and were not to define the objects for which money may be applied:(appropriatione) .

Congress had no authority' t'o' pass a law empowering an agency of the Federal Government to assist in :and promote the installation of civilian nuclear power throudi60Y the' nation.- In co d oinc, however, Congrees had assuued the right to determine that nuclear pov.er was sale for the people. Put the people ~ of the several States have not granted the Federal Government this r16ht, since an amendaent to the Conctitu-tion is required. Hence, the people have retained the exclusive ritht to determine whether and on what conditions civilian nuclear power has cerit deserving of application; i.e., they have reteined the right in this instance to decide whether civilian nuclear power is safe for them. .

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As a citizen of Ohio with a wife and two child ren, I am very much deter:nined to scri towazd a healthy environment for ay fauily's well being and provide in a safe way the thinc,s which =y fasily needs. I view the 1954 Atomic Energy. Act as an illegal hindrance in the way of by efforts; for my lawful representatives in the State legislature have not becn asird nor have they cranted an aaer.daent to the Constitu-2 tion empowering Congrees to pass such a law. There is much that con-cerns te about civilian nuclear power et.1 there 1e auch public contro-3 3

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versy stemaint, froa testinony of thore who appear to have qualifications in the diciplines involved in these ccn Lroversies.

The en fety of my family and the citizens of Ohio as it relatcc to the Davie-Eesse. Plant involves a multitud e of diciplines and consid era-tions. Duclear power plants will Generate a stag;ering amount of rcdioactivity, almost all of which must be contained, and will cdd sub-stantial heat tc the environment. There are questivne relating tos (1) abilit,y of fuel eleaents cladding, reactor pipin6, aM plant sys-te: s and containers to contain the radioactivit,7 ; (2) the consequences of postulated amounte of radioactivity escapin, and relcaced- to the environa.ert; hundreds and (3)(4) the safety of shipping dangeroue nuclear ma-the s of -years; terial (5) the possibilities of sabotage, airplane crashes, and earthqu; ales; (6) the question of proper training for reactor plant oper-ators and of possible mismanagement (7) the ouestien of terrorists stealing fissionable material for' bo;,mbs; and (E) the question of whether or how civilian nuclear power can be' effectively reculated by govern-ment agency for the infinite future in tion.

advantage In addition to thesepower, questichs, of nuclear there is evidence view of that the chief possibilities fb its ability to produce power without the pollutinE '6ases that 'are produced .with fossil fuels , is not being used to' retire substantial amounts of' fossil power in oder to reduce air pollut~ ion in our cities. Hence, in view of the risks of civilian nu-clear power program there does not appear to be eny clear environmental benefit in fact. _

As a nuclear engineer.nyself, I have some expertise in some of the areas cited above; but I cannot diemine in my uind as yet as to whether civilian nuclear power is safe. .I trust that were the richt of the people jto assess their safety,as .it relates to civilian nuclear power restored a safe determination will be made. For the debate which would ensue would be free and thorough, eliciting expert opinions from all s id es . rt Uridoub'tedly. the AECIc era sdelear power necessary and safe.

If so, the officers of the ABC, as they are boun] tc support the Consti-tution, should urge Congress to propose the necessary Acendment to the.

States. In the ensuing debates within each State throughout the nation the people will form their jud$ ment. .

Tne AEC , believing - that civil-ian nuclear power is safe, would be able to present and argue their justification before the people'.s forum - the Constitutional process.

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Accudingly, at the public hearing in Port Clinton, I intend to present the hearin the evidence supporting. my position and appeal to the mer.bers of c boad , as .they are presumably bound the Constitution to refuse the constuction permitb,,and oath to support to recommend to their higher a,uthority that Con 6ress proceed in a constitutional

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• nenner conceniing a national prou rns of civilien nuelcur power. In appearing 'oefore the hearing b6ard , therefore, I still be , exercising my -right to assess and provide for cy fa:nily's uafety an it relates ..

.to civilian nuclear power'in my State--a right v;hich has not been grantc4 to the Federal Government by the people. The future well-being of my family is considered at stake.

Sincerely yours,

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Richald E. \" ebb 1612 And over Rd .

. C olurluc , C'hio 43212 Phonc 614-406-5417 ,

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