ML19326B024

Intervenors' Proposed Findings of Fact & Conclusions of Law.Director of Regulations Should Be Authorized to Terminate Cp.Certificate of Svc Encl

ML19326B024
Person / Time
Site:	Davis Besse
Issue date:	08/22/1973
From:	Baron R NORTHWEST ENVIRONMENTAL ADVOCATES (FORMERLY COALITION
To:
Shared Package
ML19326B018	List: ML19326B024
References
NUDOCS 8003060784
Download: ML19326B024 (14)

Text

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August 22, 1973 N

o g UNITED STATES OF AMERICA 8' O O C I E y H g ATOMIC Hi3RGY C010IISSION gg t

Bofore the Atomic Safety and Licensing board AUGestyp3,[y parW h %s,3 amic prno s trai.o '/7 In the Matter of ) 4 THE TOLEDO EDISON CChPANY and )

THE CLEVEIAND FLECTRIC ILLb11TNATDIG CCI@AhY Docket No. 50-3h6 (Davis-Besse Nuclear Power Station)

INTERVH;0RS' PROPOSED FDDINGS OF FACT AND CONCLUSIONS C7 IAW 8003060)8f

1-1 ISSUE 1:

"The Coalition contends that the Final Environmental Statement ecnstitutes nn .

arbitrary and capricious refusal to comply with consideration of alternativos as requirod by Section 102(2)(c) 111 of the Naticnal chvironmental Folicy Act of 1969, in that the ' staff' has failed arri refused to consider the alternative of conservaticn of energy within the Applicant's service areas so as to obviate the need for the 872 MI additional capacity of the Davis-Besse Plant."

1.

The Applicants, Toledo Fdison Compargr and Cleveland Alcetric Illuminating Company, have spent 011,h6h,858 and 8.;20,ho8,ch7 respectively, or 031.9 million ccmbined, en advertising, sales promotion and public relations in the past five years according to Tcledo diison Company Sumnary of Advertising, Sales Prcmotion and Public Relations Expenses (Intervenors' hhibit 5)

Cleveland bloctric Illuminating Company Summary of Acvertising, Sales Premotion and Public Relations Expenses (Intervenors' Exhibit 6)

2. Information on Applicants' advertising and sales prcmotion policies, purposes, expenditures and results thereof are provided in the follcwing Intervenors' Exhibits:

Letter from William R. King, Public Relations, Cleveland Hectric Illuminating Ccmpany to Mrs. Stecbins, dated November 8,1971, and attachments thereto -

(Intervenors' Mibit 16-4 C]eveland nectric Illuminating Company Eudget Planning Report for the Year 1971 Public information Departncut, dated October 9,1970 - (Interveners' E:chibit 16Bh Affidavit of Welyn Stebbins, dated 2p July,1973 (Intervenors' Exhibit 16-C)

Cleveland 41.ectric Illuminating Company President's Letter to the Fditor, Cleveland Plain Dealer, Novenber lh,1971 (Intervenors' hhibit 16-JJ)

These exhibits show that Cleveland nectric Illuminating Company is actively promoting use of electricity, and are advertising to prtnote peak power use, including air-conditio ing.

They arc encouraging builders to go "all electric in future developments".

Tae "On Location" program was even 8 broadcast into more than 170 area schools via the Claveland Eoani of Education", which is free advertising for them.

3. The public is being told through the extensive advertising programs of the Applicants "You'll benefit these eight ways when you bqy or build a total-electric home with fi s.w.r ess e.tect-ic heating" (Intervenors' Exhibit 16-D)

"Try Telling Todays Woman to Use Less Eectricityn

...some people question the need for more electricity. Use less electricity, they say and you'll solve our environmental problems. They are wrong."

(Intervenons Exhibit 16-Z)

"Look at all you can buy for a buck" (Intervenors' Exhibit 16-F)

"This unique method of generating electricity conserves o ur natural resources and helps protect our environment" (Intervenors' Exhibit 16-G) i i

"Come 1975 more power to you" (Intervenors' Exhibit 16-H)

"acctric Heat: lkhibit (Intervenors' We'velbried

+

l) it in 2 homes for 2$ years. We like it" I

i

1-2

h. 'Tha public is encour:geo to usa clectricity, clectric heat, electric ranges, electric dryers, c1cetric lights and hava total electric homes throudh advertising programs, brochures, and salen departments, as evidenced by the follcwing Intervenors' hhibit:t -

To Karen and Don there's no placo like a mobile home. Especially with electric heat. Illuminating Company Ad. (Intervenors' hhibit 16-J) bru. Parnes i:: a draft dodger. That's why she noved to en apartment with ncmeless

, clectric heating. Illuminating Company Ad. (Intervenors' hhibit 16-K)

Tne Meg 1cys discovered electric heat. (And then they discovered it costs loca to operate than they expected it would.) H1uminating Company Ad. (Intervenors' hhibit 16-L)

Her flaneless electric dryer gives her more time for the variety in her life.

Illuminating Compe y Ad. (Intervenors' hhibit 16-M)

And she's going to miss her electric range in Indial Illuminating Company Ad.

(Intervenors' Whibit 16-N)

Her Ecctric range is a time saver she wouldn't want to live without.

.tn uminating Company Ad. (Intervenors' hhibit 16-0)

The environment is a cool glen and a babbling brook. It is also an air-conditioned room and clean tap water. H1uminating Company Ad. (Intervenors' Whibit 16-P)

Try telling today's woman she doesn't need electricity. H1uminating Company Ad.

(intervenors' hhibit 16-Q)

How can you tell a kid not to grow? Hluminating Company Ad. (Intervenors' Exhibit 16-R)

Yout next ten years will "go like 90". Eluminating Company Ad. (Intervenorst Whibit16-G)

When it comes to pollution, Samuel Puldcm doesn't pull any punchest Illuminating Company Ad. (Intervenors' hhibit 16-T).

Vihose job takes six times as much electricity as his home? Hluminating Coc:pany Ad.

(Intervenors' hhibit 16-U)

True or false: As production of electricity increases, our air gets cleaner. True.

Hluminatind Company Ad. (Intervenorat Exhibit 16-V) i bill you be caught in the middle? H1uminating Company ad. (Intervenors h hibit i 16 '.1) l I

List of Radio Stations broadcasting "On Location" program of Clevaland Hectric nluninatin6 Company. (Intervenors' hhibit 16-X) 1 illuminating Company Broadcast Schedule for radio program "On Location", for advertisinc in 1973. (Intervenors' hhibit 16-Y)

Hluminating Ccmpany, Ohio Edison and Ohio Fewer schedule of advertising for 110' Clock News Show, irrM-TV for 1973. (Intervenors' hhibit 16-Z)

1-3 Illuminating Cornpany, Ohio Edis n C2., Broadcast Schdo cf Adv:rtising, tac:demic Challeng;", h~SS-TV, fcr 1973. (Intsrvenors' hhibit 16 4A)

Toledo Edison Company Newspaper District Advertising ScheduleJfor 1973 (Intervenors' hhibit 16-BB)

Toledo Bison, WSPD-TV Schedule for Advertising, 6 P.L Weather Show, for 1973 (intervenors' Ahibit 16-CC)

Toledo Edison, RDHO-TV Schedule for Advertising,11 P.M. News Show, for 1973.

(Intervenors' Exhibit 16-DD)

Toledo FAison UML-TV Schedule for Advertising,11 P.M. News Show, for 1973.

(intervenors' r:xhibit 16-EE)

Toledo Fdison, Radio Schedule for Advertising,1973 (Intervenors' Exhibit 16-FF)

Toledo Mison, Radio Schedule for Advertising, Outlying District hadio Stations, for 1973 (Intervenors' hhibit 16-GG)

Illuminating Company - Area Light Flyer. (Intervenors' Exhibit 16-HH)

Questions and Answers about Light Ganiening frca Cleveland acetric Illuminating Company. (Intervenors' W hibit 16-II)

Cleveland Cectric I;1uninating Cocrpany President's Lotter to the Hiitor, Cleveland F1nin Dealer, Nov . Ih,1971. (Intervonors' Fabibit 16-JJ)

CEI Spend Millions on Ads and Promotion, U.S. Report Shows, Article frem the Plain Dealer, October 26, 1971. (Intervenors' hhibit 16-12)

Atoms for energy - flyer from the Illuminating Company. (Interveners' Exhibit 16-LL Toledo Edison Responses to Intervenors' Interrogatories on Nuclear Slide Program (Intervonors' hxhibit 16-MH)

'leveland El.ectric Illuminating Ccanpany Responses to Intervenors' Interrogatories on Nuclear Slide Program (Intervenors' hhibit 16-UN)

Ihese various advertising programs are influencing the public to use electricity, to purchase appliances which use electricity, telling them how much it does for them and how little it costs, but not to conserve electricity. Advertising for all-electric ncnes, while having a winter peak, also ads to sumter peak, as they are air conditionod.

h. The Applicants are very a ;'ively soliciting business and industry to bring them into their service areas. Toledo Edison has had an annual budget for area development from 1906 to 1973 of from 670,87h to 089,095, and they have made frcm 360 to 990 calls a year accoring to Applicants' Responses to Intervenors Interrogatories (Intervenors' Exhibit 16-00)

Publications are prepared and distributed by Toledo Edison, such na -

Toledo FAisen Site Service (Intervenors' hhibit 1)

Community Profile (Intervonors' Exhibit 2)

. . 1-h Th7 Lic: tion With tha i .ning Combination - N:rthwest m .hio (Jnt:rvenirs 8 shibit3)

Northwestern Ohio / Land of Good Living (Intervenors8 hhibit h)

Cleveland 4Lectric Illuminating Area Development Depa tment has had an annual budget of fron U396,2hl to th98,822 for the years 1968 through 1972, making 9,170 calls for F7.2 which was a typical year. (Intervenorst Exhibit 16-40) l he President of Cleveland Electric Illuminating Co. has stated: "We advertise the advantages of C]c voland-Northeast Ohio in national publicatiens to attract new industry and ccmmerce here." (Intervenorst h.hibit 16-JJ) hr. bridges, hnnager of Public Infomation Department of Cleveland Electric Illuminating Company has stated: "We hust Si,imulate the Growth of the Cleveland-Northeast Ohio Aren We Serve." (Intervenors' shibit 164)

The Cleveland Alectric Company Area Development Department attempts to bring industry to this area through advertising in national publications, such as ing Ad frem T.lM2, IJoventier 1,1971 - Present/our liquid assets (Intervenors Exhibit 16-PP) and actively strives to bring industry to this area as outlined in Intervenors hhibits 16-A and lo-B, and prepared publications such as Cleveland and the Power of an Idea Patterns of Growth Industrial Park Folder featuring Lakeland Freeway Industrial Site Industrial Location Opportunities in Brecksville

5. In addition to the Area Development Department, Cleveland Electric Illuminating Company has other deportment in their Marketing Croup -

itesidentia) Sales Department Commercial Sales Department Industrial Sales Department Eastern Sales Department P.arketing Service Department which according to Intervenors Whibit 16-A, provide such services, in part, as -

data on heating and cooling equipment tour of all electric buildings light meter surveys tours to iiela Park so that they (custcmers) may benefit frcm the newest advances in lighting and other electrical uses 6 cleveland Electric Illuminating Company works with the Greater heveland Growth Association (Intervenors8 hhibit 16-B) and donates money to the Greater Cleveland Growth Association according to -

Federal u

Power Commission Report, page 30h,1970 (Intervenorst h hibit 16-QQ) n n n n n 1971 (Intervenors' h hibit lo-RR) 1972 (Intervenorst hhibit 10 63)

7. It is apparent from advertising schedules that the Applicants have spent very, very little money on conservation of energy, in relaticn to their 031.9 million expenditure for sales promotion and advertising. Further Applicants could provide Intervenors stith no budget figures for " conservation of energy", (Intervenors hhibits 5 ana 6) which indicates that they have given no priority to such a program.

• ~'

Bo From testimony of Richard E 3 Morgn, (Tr 327-3), CThs fu2.1 c pacity of Davie-Ecs c would not be needed until the su: ster of 1977, assuming that CAPCO denand projections are correct and that no energy conservation efforts are undertaken.

/M

') . There in, however, no assurance that projecjs are correct , inasmuch as frem the Final hnviromontal Statencnt, page 6-7, "A ccmpariscn of the Applicant's load projec~

t,kna va. actual hiutoric load demand is available to the Staff for the time period of 1960 to 1970. This load projection for the ten year period was made in mid 1900 and was intended to anticipate the load growth up to 1970. Throughout this time period (1960 - 1970) the projections were from 13 9% to 8.3% above the actual experienced demand.n

10. From testimony of Hichard S. Morgan, Tr-327-6), "The projections for future demand by CG and TEC are little more than an extrapolation of past demand.n ".... the Applicants are expecting the growth in peak demands to continue at approximately the same rate as in the past."

11. From testimony of Richard E. Morgan, Tr-327-8, "The five CAPCO companies have always structured rate schedules so as to elicit the greatest possible demand grcwth from their customers. Tuis promotional pricing involves charging 1cw rates to large users, such as industries with relatively elastic demands for pcuer, while charging high rates to small users with relatively inelastic demands. Vnile some price discrinination is justified based on cost of service, there is substantial roon for equali::ation of rates in the CAFCO companics. Exannles of promotional rates include special rates for space conditioninc from BEI and Ohio Edison, and special all-electric rates frem CEE and TEC.

Since those rates are not aimed specifically at off-peak use, they can be assumed to have scne effect on the peak denands of these companies. Tnus, if the CAFC0 ccmpanies were to make efforts toward equalizing their rato structurcs, some reduction in tho 1977 CAPCO peak could be expected."

12. From testimony cf Richard E. Morgan, Tr.327-7, "One factor which will certainly have a downwnN effect on future peak demands in the CAPCO region is changes in the rates charged by the CAFC0 companies. Some significant changes have already taken place cnd more are expected in the near future. For excmple, Toledo Edison has zvcently received a large rate increase, and CEI has a large rate increase pending before the Public Jtilities Commission of Ohio (PUCO) at this time. Lcrge increases in the price of electricity will certainly have a dampening effect on future pcwer demands in the CAPCO region. The magnitude of this effect is unknown and should be studied. In a study conducted in California, the Rand Corporation predicted that expected increases in the price of electricity between 1970 and 1975 would reduce 1975 demand by about h%

below utility projections.n

13. From testimony of Richard E. Morgan, Tr-327-5 and 327-6, "The magnitude of the reduction in peak demands necessary in order to obviate the need for Davis-Besse plant is not vcry largo. In oMer to achieve a 20% reserve margin in 1975 without Davis-Eesse, CAPCO needs a reduction in peak demand of only 2%. Assuming a 16% reserve margin in 1975, there need be no demand reduction at all."

lb. According to testimony of Dennis J2 Nightingale, Tr 683-5, consolidated Faisen co.

of New York started the "Save a Watt" conservation program in 1971, and " Con Ed est$nated that this progran which became effective in 1971, resulted in a 350-LOO mw (h to 5 percent) reduction in the 1972 summer peak load of 7272 W."

15. The Board find that the Applicants through their multi-million dollar sales prcmotion and advertising programs are encouraging the use of electricity; that the Arplicants have not adopted a conservation of energy program; that the alternativo of conservaticn of energy could reduce the danand for electricily significantly; and that the lack of consideraticn of conservation of energy is contrary to tne provisions of the National Envirornental Policy Act.  !

I

9-1 ISSUE 9:

"The Intervenor contends that the Final hvironmental Statement is inadequate in tict the methods used to relate proposed releases of radicactive =aterial to contaninaticn and radiation lovels in the environment may greatly underestimate those final lovels."

1. Strontium-90 levels in milk samples have been shown to be higher near nuclear power plants, such as (a) Shippingport as documented by Dr. Sternglass testimony orally and Intervenors' hhibits 10-A and 10-B; and UUS Corporation Reports, NUS-80h, NUS-916, NUS-915, NUS-950, Pre-operational Environmental Padioactivity Monitoring Program at the Seaver Valley Pcuer Station, Intervenors' Exhibits 19,19-A,19-B,19-C.

Where Strontium-90 levels went up and down with power generation (Tr-792) and that nich Strontium-90 levels in milk disappeared after repairs (Tr-791)

(b) Flumbrook as documented by Dr. Sternglass testimony orally and Intervenors' Exhibits 10-A and 10-B and as documented by Report of Reactor Operations for the NASA Plum Ercok Reactor, April 9,1971 - May 19,1972, Intervenors' hhibit 20, showing Strontium-90 in milk to be abnomally high when rehted to Cleveland (Dr. Sternglass testimony, Tr-803 (c) Brookhaven, Indian Point and Scriba as documented by Dr. Sternglass testimony, Tr-80h and Tr-832, and Intervenors Whibit 17, New York State Deprtment of Environmental Conservation, Environmental Radiation Bulletin Number h,1972.

2. Radioactivity in Lake Eric surfact water shcws a general, although not perfect pattern of higher activity at Sandusky and near Sandusky (a) as documented by Dr. Sternglass testimony oral and hhibits 104 and 10-B, (b) Intervenors' Exhibit 15, Radioactivity in durface Water with distanco frcm Plumbrook Reactor,196h,1965, and 1966, as prepared by Dr. Sternglass (c) Intervenors' Exhibit 2h through 2h-GG, Radiological Mcnitoring Data of the Ohio Department of Health for years 1962 through 1969 (d) Applicants' hhibit 15-A, Annual Average Total Activity in Untreated Lake Water, Year 1963, is incorrect in that it should show that Port Clinton iQ the highest with100pCi/1. If chart showed actual figures it would read -

Tolodo - 90; Port Clinten - 100; Sandusky - 7h; Huron - 50; Lerain - 7h; Cleveland - 32 (e) Applicants' hhibit 15-D, Annual Average Total Activity in Untreated Lake Water, Year 1967, because of scale, does not readily show actual increase, although slight at Sandusky and Port Clinten over other areas of the Lake. Actual figures -

I

9-2 Teledo - 6; Port Q int a - 8; Sadusky - 8; Hurcn - 5; -orain - 3; cicyclcnd - 4 (f) Gimilnr3y, obtaining Antiunl Averages of Radioactivity Levels for Lako Erie frcm Ohio Dopartment or Health itoports on the Radiolo,ical analysis of Ground and Surface Waters in ohjo for the year 1962, Intervenors' 15hibits Ph-B throur,h 2h-.0, overages wot0d show -

Toledo - 90; Port Q$nton - 113; Sandusky - 18h; Huron - 70 and Lorain - 56, (no data for Cleveland that year)

3. The themoluminescent dosimoters (TLDis) for Sandusky showed a highcr readirg for the last quarter of 1972 than for the first quarter of 1973 when the Plumbrook

' Reactor was shut down, as documented in (a) Dr. Sternglass oral testimony and Interrenors hhibits 10-A and 10-3 (b) Applicants hhibit 54, Pre-Operational Envircomental itadiological Monitoring Program, July through December 1972 and Applicants' .hitibit 5-B, Pre-Operational Environmental itadiological Monitoring Prceram, Jcnuary, February, March,1973 Applicants have attonpted to shew that this reading 3s not meaningful; they have not provod their point inpuch as -

(c) Industrial Bio-Test Laborateries have not indicated that q:arterly dosimeters were shipped with October dosimeters, only Mr. Orouse8 s testimony (Tr-872) which is not supported by any facts.

(d) Dr. Frigerio, Tr-967, starting on line h has stated "And wo inferred - cnd it was an inference -- the dosimeters for the last quarter had probably been in the same flirht - this is an inference."

(c) If the TLDis for October were shipped with the last quarter TLD's, and if this procedure is used to ship other monthly TLD8s, it to uld allcw monthly TLD8s to fade before they are read.

(f) Since there is no October,1972, TID reading to verify quarterly readings, it is possible that there could have been a high October reading which might account for the high quarterly reading.

(g) Dr. Fricerio has stated, Tr-968, line 11, "The most obvious answer, certainly the one that nipeals to me most having dealt with TLDis is simply that all of these TLD$s during the last quarter were in some irradiated and irradiated as a group together; not vithin their respective stations." Tnis hypothesis is not particularly supported by B10-T6T data, Ap. Exhibit 54, Table 17, pace h7, which shows that some of the hth quarter stations have exposure (mrem) approximately the same as the previot:s quarter, and others have lower exposures.

h. High levels of radioactivity in soil, milk, and high TID readings for Shippingport Reactor area have been shown by

" (a) Intervonors' hhibits 19,19-A,19-B, and 19-C, Pre-Operational Envircemental

= Radioactivity Mcnitoring Program at the Beaver Valley Power Station prepared by IRIS Corporation (b) Intervenors' lhhibits 10-A and 10-B, Testimpny prepared by Dr. Sternglass r a$$ i g r ahNhdW1nDbEMtk N)ogemglass  ;

9-3 nh.,w n n err t..irroit rir, tin ent<x. rr,r nampling stationr. near Shippingport.

(d) Intervonors bhibit Pi, Pennsylynnia Departent of 6 vircratiental Hesources Water Quality lletwork stadioactivity Results August l'>oh through August 3972 (e) Scme Observations on the Roports of dxcessive 2tadionuclides in tho uhippingport Area, by Irving hicholson, Director, Environmental Health & Safety desearch Associates, 2ntervenors8 h hibit 22 (f) Intervenors 6thibit 23, Statement by Prof. Harold L. P.csenthal, Professor of Physiological Chemistr-r, Washington University While attempts have been made to show that data of the NUS Corporation reported in Intervenors hhibits 19,19-A,19-B,19-C, is not accurate and too high, testimony of Dr. Goldman of NUS Corporation and Applicants 8 Dthibit 13, Assessment of thvironmental Radioactivity in the Vicinity of Shippingport Atcmic Power Station, July 20, 1973, high reported radioactivity levels have not been adequately explained, as (c) Trancient exposure can possibly explain some changes in TLD readings, however second line frcm bottom "The only major excepticns would be for hhibit 13, page 32, the periods covering h/01/71 through 5/11/71 and 5/11/71 through 6/03/71", and a supposition is nado that "These differences could be due to handling errors...."

(h) Applicants' Exhibit 13, page 13, states nan effort to make definite cenclusions frcm the reported NUS data at this late date is impossible ....."

(i) Applicants' Exhibit 13, page 9, states "A suitable explanaticn ccnnot be made of the higher than average 70 3 r levels repcrted in 1971."

sl Reliability or Applicants 8 Exhibit 13, must be questior/as (j) Hetesting was on a selective basis Only scme of the samples could be founa for retecting, sanples which could not be fcund in January, were found in June in a storage area, acc~ ding to testimony of Dr. Goldman, Tr-925 - 926.

(k) Milk samples tested were for 1973, not the period in question in 1971 accordirt to Applicants' Diibit 13, pages 1 and 2 (1) Wind data from 1971 was not available but was estimated, and other assumptions were used, Applicants 8 Echibit 13, pages 3 and h, to calculate hypothetical 1311 release rates.

(m) The 1971 total inventory of 131I in the primary coolant was calculated, using data for 1973, not 1971 data, Applicants 8 Echibit 13, page h.

(n) Applicants Exhibit 13, page lh, shows that esimates of failed fuel for 1971 were made by using February 1973 report to the Division of Haval Heactors, NT-73-2.

Again data fren 1973 is used to estimate what night have been in 1971.

(o) Dr. Goldman Testimony, Tr-939, line 7p with respect to TLD8s that "They were reanalyzed mathematically rather than in a laboratory sense, certainly cannot be an accurate re-evaluation of what might have been, but is subj' ect to error.

Transient exposure to RD's does not explain all high readings as l l

(p) Downwind dosimeters showed higher readings than upwind dosimeters according to I Intervenors8 m hibit 11-A and 11-3 l l

(q) Applicants 8 Exhibit 13, page 12, states "This transient exposure, shown in column h,

9-h Ag.pmalix VJ, would be nr.proximat:1y th] simo for all desimatcrs in that batch

<:over nie a s.ivem oxg,sure period."

S. Correintion studies, prepared by Dr. Sternglass, between Control 1)osimoter No. I and other dosimeters in the vicinity of Shippingport, as 31st,rxt in intervenors' Bthibits 19,194, ly-H, IV-0, (Pro-Operational Environmental itadicactivity Monitoring Jteports prepared by .NS Corporation) show that Contrel Dosimeter No.1, supposedly kept in Pittsburgh, had cn extremely hir.h correlation with desineter No. 36, which is on the uite of the Shippingport 11cactor.

(a) Dr. Sternglass cc neludes 'Phat either inadvertantly or &dvertently the control dosimeter that uns supposed to be kept 25 miles away was in fact kept near the site, in fact, near Desineter 38." (Tr-965,line22)

If this is so, it would explain and rebut Applicants' Exhibit 13, pags12 (b) and 13 (c)

(b) " Values reported for the control dosimeter (a dosimeter annealed and readout co urrently with the field dosineters but held in a Pittsburgh office) showed r 'ngs ranging from 12 to h0 IL9/hr for the periods in question. Our results ob ined by placing three desimeters in the same location as the centrol dosimoter show an average roading of a; proximately 7 U:t/hr. The difference between these values is most likely due to the expcaure received by the NUS dosimeters durinr transportation to and from New Mexico.

(c) "The MUS, TLD program, with no means of correcting for transient exposures, is inadequate for accurately detemining low levels of radiation exposure. An effort to make definite conclusions frcm the reported ES data at this late date is impossible, hcwever, we feel the data as it was reported by MLS does not represent the actuel exposure for the periods in glestion. The values reported for the centrol dosimeter alone would lead one to this conclusion."

6. The board finds en evaluating all the evidence presented on Issue 9, that serious questicns renain regarding large releases of radioactivity frcm the Plum Brook and the Shippingort reactors and that there has been radioactive cont:minatien of the air, soil, milk, and water in excess of estimates; that the Davis-Besse facility is scheduled to release many times more radioactivity than was released by the Shippingport and Plun Brook reactors; and that the dose levels frem the Davsi-Besse facility have not been properly evalunted.

. c FINDINGS OF FACT

1. The Atomic Energy Commission has failed tc properly discharge its legal responsibi31ty to implement the National Policy Act of 1969, "to prcmote efforts which will prevent or elininate damage to the environment and biosphere and stimulate the henith and walfare of man"; and to carry out the policy as set forth in NEPA to a assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings"; and has further failed to prepare a proper Environmental Statenent, as required by NEPA, which has fully and completely assessed (i) the environmental impact of the proposed acticn (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented (iii) alternatives to the proposed action inasmuch as the Final Environmental Statement has not considered (a) increased cancer, hearth disease, and other health effects from operaticn of the Davis-Eesse Plant (b) cumulative and synergistic accumulation of pollutants from the Davis-Besse Plant, along with effluents from all other nuclear plants on Lakes Michigan Huron and Superior (c) The total effect of all effluents to Lake Erie as a result of all operations of the Davis-Besse Plant, either alone or in cabinaticn with other pollutants (d) the alternative of conservaticn of energy l (e) all possible stom damage and environmental consequences of such incidents.

2. The Atcmic Energy Ce mission Hearing Board has erroneous 13 and in violation of the Kation91 Environment 61 Polic, Act, not allowed bioloEi cal consequences of operation of 9,he heit-Eesso i?eactor to be discussed as this Hearing, inasmuch as (n) This Hearing was the full environmental hearing en the Davis-Besse Plant as required by NEPA, whereas hearings held last summer were not full environmental

-hearings

• ' ' 2.

(b) Th3 Ncticnal Environmental P licy Act sp;cifically states as ons cf its purposes "to promote efforts which will prevent or eliminate damage to the environment and oicophore and stimulate the health and welfare of man".

(c) The utal.u of thu art of moncuring radioactive releases is not capable of detecting: all radionuclide concentrations. There are minimum detectable levels under which measurements cannot be made as indicated in Intervenors8 Exhibit 19, Pro 4perational Environmental Radioactivity Monitoring Program at the Beaver Valley Power Station, and the health effects in humans is a biological measuring device which can record effects of radiation, perhaps more accurately than our present measuring devices.

(d) There love boon increases of cancor and other serious health effects near presently operating nuclear reactors such as Shippingport and Plum Brook, according to data gathered by Dr. Sternglass, and theco serious health effects have occurred at a much lower level of radicactive releases than the projected re1 cases frem the Davis-Besse Plant (Tr f:08 and Intervenors' Exhibits 104 and 10-8, as submitted).

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3 ,

CONCLIBIOlE  !

1. In accodance with Appondix D to 10 GR Part 50 of the Comissions's regulations, the Board concludes:

a. The environmontal review conducted by the Comission8s Regulatory Staff pursuant to Appendix D of 10 CFR Part 50 has not been adequate;

b. The requirements of Section 102(2)(C) and (D) of NEPA and Appendix D of 10 G R Part 50 have not been complied with in this prcceeding;

c. Having considered and decided all teatters in controversy among the parties and having independently considered the final basis amorg conflicting factors contained in the record of the preceeding with a view to determinir4 ,

the appropriate action to be taken, the Bcad has determined that the Constructicn Permit should be terminated until the National Environmental Policy Act is ccuplied with.

CRD3R

1. Based on the board 8s findings and conclusions and pursuant to the Atcmic Energy Act and the Commission 8 s regulations, IT IS ORDERED that the Director of Regulation is authori::od to terminate the Construction Perdt, censistent with the terms of this Initial Decision. IT IS FURTHER ORDERID, in accordance with 10 GRi a 5 2.760, 2.762, 2.76h, 2.785 and 2.706, that this Initial Decision shall ecnstitute the final decision of the Commission subject to the review thereof pursuant to the above-cited rules.

i

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. ~ 'Before the Atenio Sefety and Licensing Dean!

$n the Estter of '.'- i. <

Tlin TOLIDO EDIDCN CO32AIN gnd -

Docket 50-3h6 THE CLIWiMID ELECTRIC ILLic4INATIUQ COWAW (Davia-Besse Nucle'ar Power Station) ,

CERTIFICATE OF SERVICH

'I b.ereby certify that copies of "Intervencrs Prepcsed Findings of Fact and >Cenclusi@

of Law" were served en this 22nd day,of August,1973, as follows:

Py delivarv to 01cvalend Eleci:ric Inunicatin~ Cetparv Office of Mr. Donald Hauser:

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11r. Fran'.: U. l'arca Joba D. F.muhidea, Esq.

C.icf, fidlic Procccdiega }3 ranch At mic Cafety at.d Licensing Board Offico cf tho Scarotary U.S. Atenic Dierg Cc:riscicn U.S. Atc.. sic morgy,Certiecion Uachington, D. C. 205h5 Uashington, D. C,, i!o5h5

. ,. Fr. Fredcrich J. Chon i Atemic_Defoty and Licensing Appcr1 Ecard I.tcr..ic1Safety and Licensing Eccrd U.S. A,r.mic Energy. Cc=deaion , U.S. A cnic Encrcy Cca.aisaicn Washington, D. C, 205h5 U ihinston, D. C. 205h5 Atccic S$fety and Liccasing Ecard Panel Joseph F. Tthridy, Eaq.

U.S. Atomic hergy Occtiecion f.t.c:aic Safony and Liccnsjng Board Washington, D. C. 205h5 U.' . Atonic Eaergy Conniesion Weahi.4 ten, D. C. 205h5 Frenc16 K. Da/io, 'D3q.

Offico of.Ger. oral Ccunsel Gcrald Charnoff, Fsq.

U.S. f.tedd Encigy Cc nicDiten Sic v, Pittnan, Fc,tto, Trcubrid C0 #

Uashint, ton, D. C. 205h5 Parr Mdg.

' 1017th St. II.U.

Uwhincten. D. C. 20006

,Pv Depocit M,0. Fail:

Er. Cadot !!. Hat.d, Jr. Dr. Varif Forman Rodeha rarjne Laboratories C nter for Populaticn Studies Univer71ty of Califcrnia Univomity of Einnecota P.O. Box 2h7 Minc.capolin, ninnesota $5h55 Bodegn Boy, California ph923 9

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