ML20053D204
| ML20053D204 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/27/1982 |
| From: | Morgan C MORGAN ASSOCIATES |
| To: | Carter L, Paris O, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8206040180 | |
| Download: ML20053D204 (2) | |
Text
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DOCKET NUMBER ' '
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PROD.& UTIL FAC/A.T.d.
masaw Law Crrices MORGAN ASSOCIATES, CHARTERED g 7[
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FR AN K J. ALS ETTA, J R.
WASHINGTON, D. C. 2 0036 MOWARD T. ANDERSON g
g COW ARD ASMWORTM J. Rf CM ARO CO M CN PAU L F. COLARU LLI WILLI AM A. CAG LE S MOPC EASTM AN M ARY AN NC M ALL FAM ELA S. MORowsTZ EMON CA M. MUG M ES AOS ERT M. MUSBANOS
$ $ M J.((v7N May 27, 1982
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J R.
C H ARLES MORG AN, J R.
BARRYS.PRavCR ST EvCN E. vAG LC Hon. Louis J. Carter Hon. Frederick J.
Shon Hon. Oscar H.
Paris Isdministrative Law Judges Atomic Safety & Licensing > Board U.S.
Nuclear Regulatory-Commission Washington,. D.C.
20555
Dear Judges Carter,
Shon, and Paris:
When the Power Authority of the State of New York (Power Authority) provided this Board with a copy of the judgment inj -
People Acainst Nuclear Ener7y (PANE) v. NRC, No. 81-1131
( D.C.Cir. Jan.
7, 1982), it stated that it would submit an
-analysis of the opinion when issued and its relationship to the facts of record here.
On May 14, 1982, the' United States Court of Appeals for the District of Columbia Circuit issued its opinion.
~
PANE obtained judicial review of -the Nuclear Regulatory Commission's (NRC's) refusal to consider whether renewed operation of Ur it 1 at Three Mile Island (TMI) might cause psychological harm to nearby residents.
The Court of Appeals held that potential harms to psychological health and community well-being are environmental impacts cognizable under the National Environmental Policy Act (NEPA), but not under the Atomic Energy Act.
Because the factual considerations of TMI are unique, the Court's ruling under NEPA applies only to that site, and the Power Authority's Motion to Exclude Fear As An Issue in This Proceeding ( filed Dec. 1, 1981) is unaffected by this opinion.
The two-judge majority of the Court of Appeals determined that the NRC had continuing responsibilities under NEPA with respect to Three Mile Island.
First, the Court observed that the accident had a major impact on the mental healch of the people living in the region of the plant.
Slip op. at 11.
Second, the Court highlighted the seriousness of the psychological health o3 8206040190 020527 PDR ADOCK 05000247 p'
/0
Hon. ' Louis J. Certor Hon. Frcdcrick J.
Shon Hon. Oscar H.
Paris May 27, 1982 Page 2 ef fects that PANE alleged would be perpetuated by a restart of the plant:
" intense anxiety, tension, and fear accompanied by physical disorders."
Id. a t 14.
PANE itself asserted that "the accident at TMI-2 in March 1979 was a 'significant new circum-stance' that dramatically altered the environmental effects of operating TMI-1."
Id. at 24 (emphasis added).
The Court agreed when it " conclude [dT that PANE's allegation--in the wake of a unique and traumatic nuclear accident--that renewed operation of TMI-1 may cause medically recognized impairment of the psycholog-ical health of neighboring residents is cognizable under NEPA."
Id. at 16.
"Three Mile Island is
. the only event of its kind in the American experience," id. at 17; the March 28, 1979
" accident which damaged the reactor, caused acute and widespread anxiety."
Id. a t 3 (empha, sis added).
In addition, the Court specifically recognized that "NEPA does not encompass mere dissatisfactions arising from social opinions, economic concerns, or political disagreements with agency policies."
Id. a t 16.
This distinction is especially important to this pro _ceeding because the contentions proposed by several intervenors rest on feelings of anxiety which, it is alleged, would be significantly reduced by the shutdown of Indian Point.
PANE stated that "the accident at TMI-2 created intense anxiety, tension, and fear, accompanied by physical disorders."
Id. at 10 (emphasis added).
Here, fear was created not by an accident, but rather by the intervenors who conducted a campaign
.to induce, instill, or exacerbate a phobia of nuclear power among the residents.
See Power Authority's Memorandum of Law in Support of Motion to Exclud 7 Fear As An Issue in this Proceeding at 3-8 (Dec. 1, 1981); Licensees' Response to UCS/NYPIRG First Set of Interrogatories and Addendum Thereto, Response to Interrogatory No. 68, Attachment.
Indian Point has experienced no accident and, consequently, the PANE analysis is not applicable.
Addi tionally, the inter-venors are estopped from utilizing as evidence the fear that they created.
Sincerely, 7
Charles Morgan, Jr.
CM,Jr./df cc:
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