ML19330A112

Statement of Legal & Factual Contentions Alleging Failure of Eccs.List of Witnesses & Supporting Documentation Encl

ML19330A112
Person / Time
Site:	Midland
Issue date:	06/04/1971
From:	Ginster W GINSTER, W.J., MAPLETON INTERVENORS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007150880
Download: ML19330A112 (7)

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. JUN 10197] 5* 2 BEFORE TiiE Y

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• UNITED STATES OF AhfERICA N[

ATOMIC ENERGY COMMISSION 4,

In the Matter of

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Docket Nos. 50-329

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50-330 J

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STATEKfENT OF LEGAL AND/OR FACTUAL CONTENTIONS I

TO TIIE HONORABLE SAFETY AND LICENSING BOARD:

i Now como NELSON AESCHLIMAN et al, Intervenors of Mapleton, i

Michigan, by their attorney, WILLIAM J. GINSTER, and respectfully re-serving the right to move to make any further legal and/or factaal conten-tions deemed necessary, make the following more specific legal and/or factual contentions (than those heretofore set forth in the PETITION FOR g

LEAVE TO INTERVENE) in support of their interventions:

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That to permit construction and/or operation of the proposed nucIcar reactors at the proposed site in such close proximity to the AESCHLIMAN I

et al Intervenors of Mapleton, Michigan and under all other circumstat ces j and conditions prevtiling would constitute a clear violation of 10CFR Part y

, 100.

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II.

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That 10CFR Part 50, Appendix D, as applied to the AESCHLIMAN l

et al Intervenors is.rbitrary and unreasonable, and constitutes a violation l

l of vested legal rights under the Constitutions of the State of Michigan and of the United States of America.

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i ji That 10CFR Part 20, aa presently applicable and/or applied, is 1

y l{ arbitrary and unreasonable, and constitutes a violation of vested legal ti:l rights under the Con.citutions of the State of Michigan and of the Urlted i

I States of America.

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That permitting applicant to dump any radioactive waste into the proposed I

f cooling pond or emitting such radioactive waste into the atmosphere under all i

the circumstances and conditions prevailing would constitute a violation of 10CFR Part 20, a claimed radiological hazard and danger to the health of

{ AESCHLIMAN et al Intervenors and/or their invitees and/or children.

III - B That permitting applicant to dump any radioactive waste into the proposed cooling pond or emitting such radioactive waste into the atmosphere under all

' the circumstances and conditions prevailing without the consent of the AESCHLIMAN et alIntervenors constitutes a claimed violatios of vested legal rights under the Constitutions of the State of Michigan and the United

, States of America.

I III - C That permitting applicant to dump waste on land not owned by the Federal l'

l or State Governments constitutes a violation of 10CFR Part 20 l

IV l

That the failure of the emergency core cooling system for nuclear power plants which have been recently tested in cmall scale simulated models in l Idaho by the Idaho Nuclear Corporation constitutes a grave hasard and danger 1

,l to the health and safety of AESCHLIMAN et al and/or their property rights, i

and proceeding in this licensing matter at this time and not holding it in abey-f:

an-e until emergencyane cooling systems have been properly designed, thor-ij l

p oughly researched and developed, and completely tested in full scale models

.I y at the Idaho test location and not under simulation, is respectfully contended if to be an abuse of discretion and a violation of vested legal rights under the Constitutions of the State of Michigan and of the United States of America.

1 V.

That the operation of the proposed units is likely to impair or destroy i the air or constitute a 1.azard or danger to the health and safety of the 4

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'l AESCHLIMAN et alIntervenors and/or their vested property rights in the following particulars:

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Likelihood of escape of radioactive gasses, especially with passage of t

time, i

VI - B N

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Likelihood of radioactive additions to atmospheric fog created and/or

' aggravated by operation of the proposed cooling pond and cooling tower; it being contended that under the peculiar meteorological conditions at or about

(' the proposed site that water vapor will have a tendency to trap and retain

f Il such radioactivity and for want of dispersion with inversion, will concentrate such radioactive gasses, -

VI - C I

l Likelihood of dangerous or hazardous vehicular driving conditions by l

• \\ reason of fogging and interference with visibility, and also creation of slip-I' pery and treacherous driving conditions from icing in winter time caused O and/or contributed to by the cooling tower.

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Likelihood of creation of noxious or deleterious odors from chemical ft additives in operation of the proposed cooling pond and or tower with possible

' radioactive gasses or vapors emanating therefrom.

N ll VI - E Il Likelihood of property damage from the fra agoing.

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VI - F t

N Likelihood of injurious or detrimental effects on' health, physical and/or 1

0 mental.

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Likelihood of substantial or materialinterference with use and enjoy-g ment el t toperty.

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Likelihood of destruction or impairment of business.

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Likelihood of sufferance of annoyance, inconvenience, or discomfort, VI - J

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Likelihood of radioactive and chemical contamination from the proposed hl pond of underground water, including drinking water.

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Possibility of maximum credible accident.

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Depreciation of property values.

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VI - M ilt Likelihood of noise and/or noise pollution from operation of proposed cooling tower.

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That the location of the site and/or operation of the proposed nuclear po'ver plant leaves AESCHLIMAN et al with no insurance coverage in the event of a nuclear accident by res son of the nuclear exclusion clause, and said Inter-venors have suffered deprivation of their property rights by reason thereof II; within the scope and meaning of the Constitutions of the State of Michigan and the United States of America.

VIII 4

AESCHLIMAN et al assert rights protectable by the Michigan' ENVIRON-1 MENTAL PROTECTION ACT of 1970, effective October 1,1970; a copy of l

which is attached hereto.

Respectfully Submitted,

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vi h WI yL~i J/QINSTER~

ttorney fvr intervenors AESCHLIMAN et al l

of Michigan Dated: June 4, A.D.1971.

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'OCXET NUMBER PROD. L UILL, l&C. UW9,990

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ATTACHED TO AND MADE A PART OF l

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'0 STATEMENT OF LEOAL AND/OR FACTUAL CONTENTIONS e

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8 AN ACF relating to cola operated devices, includlag but act limited to.

1. ' parking meters, cola telegshonce and reading machtmes t and provid!ng for s' I

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. ment la the state prison for a period not te exceed 3 years nr by a fine of not snore than $1.000.00or both it be does either of ta 3 goggoggag

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- (a) Enters er forces na estrance. alters er laserts any part of an lastrunrut late l

• any parking meter. Tending machine dirgensing goods or services, taoneT ebanger er

, any other device designed to meetre currency or coins with the intent to steal

'(b) Emowingly possesses a key ar' device, or a drawing, print or mold thereof.

A adapted and desismed to open or break into any such machtae with intent to steal money se other contents from IL, l

M.C.L.A. 8 732.812 4 ree e

',. See. 2. This, act shall take effect January 3.1971.

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LL No. 3055

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'.W ' " AN ACF to provide *w actions for declaratory and raultablo reib 1 for pro.

i tection of the air water and otteer riatural resources and the pubtle trust f' 0 '; ' theretat to presertbe the rights, duties and functions of the attorney general, I

any political subdivisloa of *%e state, any Instrumentality or agency of the

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state or of a political subdh..lon thereof, any person, partnership, corpora.

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s ras people of sAe stese of attenteen eneet:* '

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Sea s. This act, abatt be known and may be efted as the "Ihomas J. Anderson; -

( cerdon atockwou environmental protectica act,ef 1970*.g' s.

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BEFORE THE V

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ATOM *C ENERGY COMMESION s

In the Matter of

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CONSUMERS POWER COMPANY)

Docket Nos. 50-329 h

(Midland Plant, Units 1 and 2) )

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LIST OF WITNESSES FOR INTERVENORS AESCHLIMAN et al of Mapleton. Michigan Expert witnesses who may be called to testify in support of j

i the contentions of the above-entitled Intervenors at the hearing in opposition to the granting of the application of CONSUMERS POWER COMPANY with a l

resume' of qualifications of each, are as follows:

DR. CHAS. W. HUVER i

He has a B.S. Degree with high honors from Michigan State University, a Masters Degree in Zoology from the University of Wisconsin at Madison; a PHD in Zoology from Yale University and has worked in research capacity for the U.S. Fish and Wildlife Service; he has worked at l

t various Marine Laboratories such as the Marine Biological Laboratory at I

Whitshall, Massachuesetts; the Learner Marine Laboratory at Benomee:

the University of Connecticut Marine Laboratory; he has taught at the l

University of Rhode Island as an Instructor in the Zoology Department, and i

• raa there went to the University of D11nois Medical School and joined the I

l Awtomy Department as an Assistant Professor: then he came to the I

University of Minnesota as an Associate Professor of Zoology and is also

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Curator of fishes at the. Bell Museum of Natural History of the University of !

i Minnesota. He has participated in other AEC SAFETY AND LICENSING l

BOARD PROCEEDINGS.

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au J. Gamstan nNEY AT LAW

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STEVE J. GADLER I

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i Steve J. Gadler of St. Paul, Minnesota is a registered professional i

l engineer in the State of Minnesota. He is a member of the National Society j of Professional Engineers and the Minnesota Society of Professional

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6 1 Engineers. He is a senior member of the Society of Electrical and i

Electronic Engineers. He is a member of the Minnesota Pollution Control Ag ency. He has participated in other AEC SAFETY AND LICENSING BOARD proceedings.

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M J. GINSTER Attor for Inte rvenors AESC et al of Ma eton, Michigan 4

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Busi ess Address:

Sui 4 Merrill Building ginaw, Michigan 48602 l

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