ML19350D244

Contentions EIA-1,-2 & -3 Re 810330 Eia on TMI-1 Restart. Rept Fails to Address Environ Impact of Accidents Beyond Design Basis of Facility.Certificate of Svc Encl

ML19350D244
Person / Time
Site:	Three Mile Island
Issue date:	04/09/1981
From:	Sholly S AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19350D242	List: ML19350D241 ML19350D244
References
NUDOCS 8104140446
Download: ML19350D244 (6)

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v APPENDIX B SHOLLY, 4/9/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY, ~~ET AL. ) Docket No. 50-289

) (RESTART)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

INTERVENOR STEVEN C. SHOLLY CONTENTIONS RELATED TO NRC STAFF ENVIRONMENTAL IMPACT APPRAISAL TRANSMITTED BY LETTER DATED 30 MARCH 1981 As indicated in the 4/9/81 motion to the Board to reject the NRC Staff EIA on TMI-l restart, in the event that the Board rules against that motion, Intervenor Steven C. Sholly hereby poses the following contentions related to the NRC Staff EIA on TMI-l restart which was transmitted to the parties by letter to the Board dated 30 March 1981:

CONTENTION EIA-1:

The EIA fails to address the environmental impacts of accidents which are beyond the design basis of TMI-1, especially the environmental impacts of accidents which have a close nexus to the TMI-2 accident of 28 March 1979 et seg. It is contended that the environmental impacts of accidents which are beyond the design basis of TMI-l and which bear a close nexus to the TMI-2 accident are different in impact and/or magnitude from accidents evaluated in the Final Environmental Statement 181e414 O

}

Related to Operation of Three Mile Island Nuclear Station Units 1 and 2 (NUREG-0552, December 1972),

the Final Supplement to the Final Environmental ,

Statement Related to Operation of Three Mile Island Nuclear Station, Unit 2 (NUREG-0112, December 1976),

and the Environmental Impact Appraisal by the Division of Engineering Evaluating the Porposed Restart of Three Mile Island Nuclear Station, Unit 1 (March 1981),

to such an extent that the environmental impact of the proposed restart of TMI-l cannot be found to be sufficiently low so as to permit restart of TMI-1.

It is therefore contended that until an environmental impact analysis, pursuant to the National Environmental Policy Act of 1969 and the Commission " Statement of Interim Policy" (13 June 1980, 45 F.R. 40101), is performed on the proposed restart of TMI-l and published as an Environmental Impact Appraisal or a Final Environmental Impact Statement, TMI-1 restart must be denied. Until there is such an analysis performed and published, it is contended that there is no legal, technical, or rational basis on which to conclude that the proposed restart of TMI-l is environmentally acceptable, and that as a result, restart of TMI-l must be denied.

CONTENTION EIA-2:

The EIA fails to address the impact of the cleanup and decontamination of the TMI-2 reactor (or lack of progress thereupon) on the operation of TMI-1. Inasmuch as the proximity of such a damaged nuclear reactor to an operating nuclear reactor has never been evaluated for environmental impact, there is no basis (technical, legal, or otherwise) on which to conclude that such impacts will be acceptable. It is therefore contended that until such impacts are fully evaluated in an environmental impact analysis and published as an Environmental Impact Appraisal or a Final Environmental Impact Statement, restart of TMI-l avust be denied.

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CONTENTION EIA-3:

9 The EIA fails to address sufficiently possible socioeconomic impacts of the restart of TMI-1. It is therefore contended that until such socioeconomic impacts are evaluated in an environmental impact analysis and published as an Environmental Impact Appraisal or a Final Environmental Impact Statement, there is no basis (technical, legal, or otherwise) upon which to conclude that the socioeconomic l impacts of restarting TMI-1 are acceptable, and l that, therefore, restart of TMI-l must be denied.

l It is further contended that the environmental impact analysis of socioeconomic impacts of TMI-1 restart should include, but not necessarily be

. limited to, 3mpacts on housing, the economy of j the local area, the marketability of local farm products and Chesapeake Bay seafood, impacts on local governments (from both a cost and a change in past practice standpoint) , impacts arising from increased emergency planning activity related to TMI-l restart, and the impacts arising from the

psychological effects of the restart of TMI-1, l

consideration of which is entirely consistent with prior Staff practice.

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It should be pointed out that I pose these contentions reluctantly, but with the full knowledge that there is no other choice, given the Staff's failure to fulfill its commitment to publish an EIA in the early stages of this proceeding, and the Staff's failure to adequately evaluate the environmental impacts arising from the restart of TMI-1.

Arguably, the Licensee's interests are going to be impacted by the Board's acceptance of these contentions and their

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litigation in the restart proceeding. Economic interests, however, must take a backseat to the protection of the '

public health and safety and the quality of the environment.

If the acceptance of and litigation of these contentions delays the restart of TMI-1, the blame for such delay should be placed squarely were it belongs--on the shoulders of the NRC Staff. .

DATED: 9 April 1981 RESPECTFULLY SUBMITTED, Steven C. Sholly //

Union of Concerned Mientists*

1725 I Street, N.W., Suite 601 Washington, D.C. 20006 Affiliation is for identification and mailing purposes only; the views expressed herein and the relief sought hereby do not necessarily represent the views of the Union of Concerned Scientists. This Intervenor is representing himself on a pro se basis; UCS is represented by General Counsel Ellyn R. Weiss.

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1 UNITED STAT.DS OF .VMRICA

'!UCLEAR REF.ULATORY CC.".*11SSION Before the Atomic Safety and Licensing Board Administrative Judges:

Ivan W. Smith, Chairman Dr. Linda W. Little Dr. Walter H. Jordan In the Matter of )

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'4ETROPOLITAN EDISON CO"PANY, ET AL. ) Dochet No. 50-239

) (RESTART)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that a single copy of INTERVENOR STEVEN C. SHOLLY MOTION TO THE ATOMIC SAFETY AND LICENSING BOARD TO REJECT THE NRC STAFF ENVIRONMENTAL IMPACT APPRAISAL ON TMI-l RESTART OR IN THE ALTERNATIVE TO SEEK LEAVE FROM THE BOARD TO RAISE NEW CONTENTIONS was served on the following by deposit in the U.S.

mail, postage paid, first class, on this 9th day of April 1981.

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b m .C-S t'6ven C . Sholly 4

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Ivan W. Smith, Esquire %Docheting and Service Section Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Wrahington, D.C. 20555 James R. Tourtellotte, Esquire Office of the Executive Legal Dr. Linda W. Little Director Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Soard Washington, D.C. 20555

.5000 Hermitage Drive Ra2eigh, NC 27612 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge Dr. Walter H.-Jordan 1300 M Street, N.W.

Administrative Judge Washington, D.C. 20036 Atomic Safety and Licensing Board 381 West Guter Drive Marvin I. Lewis Oak Ridge, TN 37330 6504 Bradford Terrace' Philadelphia, PA 19149

Fa l'u er W. CoS n, Esquire Wi.1liam S. JorIan, tII, ,

a Conmc x Airocate Haracn and Weics Office of the Ccnrner Advocate 1725 I Street, N.W., Su .: 406, Depart:.ent of Justice Washington, D.C. 20006 1425 Stra.; berry Square Harrisburg, PA 17127 *Ellyn R. Weiss, Esquire Harmon and Weiss John .E. Minnich 1725 I Street, N.W., Suita 506 Chairnan, Dauphin Ccunty Board Washington, D.C. ')006 of Commissioners Dauphin Ccunty Courthouse Robert Q. Pollard Front and ::arket Sr_reets 609 I'ontpelier Street Harrisburg, PA 17101 Baltinore, MD 21218 Robert Adler, Esquire Dr. Judith Johnsrud Assistant Attorney General Dr. Chauncey Keplord commonwealth of Pennsylvania Envircraental Coalition n 505 Executive Hcuse Nuclear Power P.O. Box 2357 433 orlando Avenue Harrisburg, PA 17120 State College, PA 16801 John A. Levin, Esquire Marjorie Aamodt Assistant Counsel R.D. #5 P:rnsylvania Public Utility Coatesville, PA 19320 cc .m.ission P.O. Ecx 3265 Thomas J. Gernine, :-:s qu :e iia r r i s'.v i rg , PA 17120 Deputy Attorney Oc ;eral Division of Law--Room 316

• Mr. George Jett 1100 Raymond Boulevard Genaral Cour'^1 Newark, NJ 07102 Federal Emargency "inagement Agency (F E: *.A ) Mr. Harold Denton ATT :: Docket Clerk U.S. Nuclear Regulatory Commission 1725 I Street, N.W. Washington, D.C. 20555 Washington, D.C. 20472 Jordan D. Cunninp am, Esquire

• Indicates hand deliverv. '

23 20 ' orth Fecond Street Harrisburg, PA 17110 Louise Bradford 74! Alert 3_5 Peffer Street Barrisburg, PA 17102 r, ail 3radford 245

• Test Philadelphia Street York, PA 17404 0