ML20069B738

Petition to Intervene in Proceeding & Request for Hearing. Certificate of Svc Encl

ML20069B738
Person / Time
Site:	Harris
Issue date:	02/25/1982
From:	Eddleman W AFFILIATION NOT ASSIGNED
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8203080004
Download: ML20069B738 (10)

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c n In the matter of ) C* 6 CAROLINA POER & LIGHT COMPANY, et al. ) Docket Nos. '> 'i (Shearon Harris Nuclear Power Plant,

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PETITION TO INTERVENE, EQUEST F09 HEAFING, AND MOTI ld FOR EX*ENSIONS OF TIME of WELLS EDDLEMAN, uro se. - g '+..

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?urauant to h7 PR 3898 (January 27, 1982) and lo CFR ci,71h, I,: >

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Wells Eddleman, of 325 E. Trinity Avenue, Durhan NC 27701 reoueN @st M- -

that a oublic hearinE be held on the acplication by Carolina Power and Light Company (CP&L), " North Carolina Municinal oower Agency No. 3" (North Carolina Eastern Municinal Power Agency, or " Agency") to allow CP&L to cuerate the Shearon Harris Nuclear Power Plant, units 1 and 2.

Contrary to h7 FR 3900 which states "the annlication for the facility onerating licenses, including the Final Safety Analysis Report and the Environmental 9eport, dated December 18, 1981 are available for nublic inspection at ... the Wake County Public Library, 104 Fayetteville Street, Raleigh NC 27601" and contrary to the well-j:c.?n G Wa tn ,' )ln.

hidden notice of CP&L's Apolication in the Raleigh News & Observer of 27 January,1982, the FSAR and Environmental Report were not on filed in the Wake County Library when I went there to see them on h February 1982 at about 7:15 pm. The reference librarian on duty, Linda Hickman

(? sp) did not know about the Harris license anolication, though she l

l nade every effort to find information about it for ne. Since the NSC l

should comuly with its own rules, and not cause false statements to be oublished in the Federal Register and as oublic notices, and since my ability to review the Harris operating license application decends on being able to read the FSAR and Environmental C.enort, and review other documents in the Harris file (some of which are missing, e.g. the s l original petitions to intervene by Nake Environment and by the Conser- /D vation Council of NC) . I hereby move that the Chairman of the ASLB, 8203080004 820225 PDR ADOCK 05000400 g ,, PDR

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pursuant to 10 CFR 2.71h (a)(1) to orovide that netitions to intervene  ;

be allowed until and including 30 days after the actual delivery of the Wake County Library, which the FSAR and Environmental Re, ort to uoan information and belief was 5 February, 1982 and treated as timely if so filed, since the infornation made available to the oublic even for the brief ceriod of 30 days was not actually there until at least 9 of those 30 days had exuired, to t2e detrinent of all cersons (myself' included) who rdght seek to review the infornation on which C?&L et al seek their onerating license. I further move the Chairnan to order inmediate oublication of notices to the effect that the time fer filing interventions has been extenaded and that the materials on the Harris clant are actually available at the Wake County Library, I

cromotly, before February 26, or in the event that is inrossiblo, to extend the intervention deadline to and including 9 days after the publication of such noticas just soecified above, to undo the harm to the puolic interest caused by the NRC 's and Aeolicant's failure to provide the information scecified in h7 FR 3900 for oublic inspection during a 30-day period.

, a f e by h-I Shuchne recuest that I be allowed to intervene oro se in the l

l hearing on the Operating License acclication for the Shearon Ha-ris Nuclear Power Plant. In sunnort of this reouest to intervene as a l

matter of right,.I show the following:

1. I reside well within 50 miles of the Harris nuclear clant site. I work at Carolina Friends School, Route 1, Box 183, Durhan NC 27705 and coerate s an energy consulting bus!. ness also at that address, wnich is also within 50 niles of the Harris clant site. located within I have eersonal property at hnxwu woxmxmx5M+rmmww'ucar; olant site, carticularly at my hone address.

2. If an ooerating license for the Shearon Harris Nuclear 'ower Plant is issued, my interests may be adversely affected in that: mv physical health and safety may be harmed by " routine" rad'.cactive emissions, nuclear waste transoortation, radon emissions from uraniun mining to fuel the olant, and nuclear accidents; my oronerty and infornation and materials used in my teaching and consulting work, may be contaminated by nuclear naterial, rendering then less valuable, and oossibly unfit,or unsafe to use; I might not be able to get to my job at yriends School due to radioactive contanination or accident or evacuation; I might have to (or choose to, for health & safety) leave the area during an evacuation caused by a nuclear accident (including transport), and while I was gone, my croperty would be subject to thef t, looting, fire or other damage as well as radioactive contamination; I might not be able to get my assets out of my local bank; and I might never be able to return to my home or use my cossessions again. In addition, if the Harris nlant is licensed to operate, I will be subject to usychological stress due to fear of the above-listed adverse consequences, fear for loved ones at similar risk, including my sister and numerous friends residing within 50 miles of the Harris nuclear plant site, and other fears occasioned by the ouerations of the olant, the actions or omissions of its ouerators, possible genetic damage, effects of nuclear waste en future generations, l waste transoort and storage for the Harris clant, etc. I aisc believe that genetic damage may result from exoosure to emissions from an l ouerating nuclear cower clant, which is an adverse consequence to me l and to any of my descendants.

3. At my current addrean in Durhan, NC, and kept with me are most of my personal procerty and everything necessary to conduct my teaching and consulting work (exceut what the School sunnlies). Most of my assets are banked in Durham, within 50 miles of the Harris clant site. My health and safety are cresentl7 intact. I believe all of this wou3 d

-h-be at risk, for the reasons cited above, should the Harris nuclear plant be licensed to ooerate.

4. Specific asnects of the subject matter which I wish to litigate l

in this croceeding include, but are not limited to :

Unresolved safety issues certaining to cressurized water reacto-TMI " lessons learned" reactors.

The ability of CP&L to construct & safely coerate the Harris plant without undue risk to my health & safety or public health & safety Validity of any riska analysis methods used for the clant Validity of any & all assunctions used in cost-benefit analyses for the Harris plant in eneration Validity of any results of such risk & cost-benefit analyses and whether their results should be written into the Technical Soecifications in the Coerating License should one issue, to guarantee that they are comhlied with.

Validity of power demand, risk, health & safety & other projections used in analysis of the Harris plant Expected life of Harris clant, connonents & safety-related equipment including steam generators, meters & controls Need for power Alternatives to produce, or eliminate need for, cortions of the Harris clant's projected outuut, or all of it, and effect of these alternatives on cost-benefit and risk of operating the plant, including constructicn from this date forward (Feb. 2h, 1982)

Financial resconsibility of CP&L to clean uo after an accident at least as severe as that at Three Mile Island ~ ~~ 9 7 > 6 S +* .

Financial resconsibility of Agency (NCEMPA, NCMPAM3) f6F~sTmE ~

Thermal shock (k6 FR 57381, etc);

Environmental imoacts:on water quality, quantity of water available; waste transport, waste storage includeng '

qualification of storage facilities and vehicles against earthquake, accident, tornado, terrorism & other risks

" Routine" radioactive material releases in oueration Any failute of Technical Suecifications to require that the clant oueration actually meet at all times any dose linits, concentration limits, or consequence 11 nits costulated by Aeplicant, NFC Staff, or ASL3 in these hearings l Adequacy of emergency resconse & evacuation clans; crecaration for Class IX accidents Radiation nonitoring, including adeounte baseline data before operation, continuous monitoring offsite in oueration, indendndent monitoring, and funding for all of these Quality assurance, quality control, and procer qualification

, of the reactor vessel (s), stean generators, piping, wiring and all safety-related equipment whether so dealgnated by NRC or necessary to the function of safety-related equin-ment, or to shut the plant down & keen it shut down

Qualification of safety-related equipment to withstand Class l IX accidents (greater than design basis) and to shut down the clant under all such conditions and keen it in safe shutdown indefinitely

-4A-Environmental imoact of nuclear waste discosal from unusable steam generators shouM these have to be replaced, once or more than once Decomnissioning safety, financial resnonsibi'.ity & environmental impacts, inc7.uding early decon61ssioning, and effects of long-lived radioisotopes such as Ni-59 and Nb-79 Restaraint of trade by CP&L and Agency with resnect to tying un funds which might otherwise be used for insulation, weatherization, load managenent and o ther energv-savine or eenerat'ne altavnativas to Harris construction & oneration; otner restraint of trade &

monocolay issues Psychological stress occasioned br coeration of the Harris Nuclear plant; its imcacts on the local schools , conulation &

economy i C?&L's fiansnancial and technical ability to clean un accidents i

at its other 3 nuclear units while retaining the necessary staff, oversight & financing to urovide for fully adeouate nuclear safety i

efforts at the Harris sita, and for cleaning un a Class IX accident at Harris while another one has harpened at another CP&L reactor And other safety and axi environmental issues which I can on1 7 specify after having adequate time to review the FSA? and ER which I have requested conies of.

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issues which can only be soecified af ter I have had td.me to review the FS!.7 and envircnnental recort (0.L. stage).

Because I an a h5 minute drive each way frc~ the *'ake County Library, and its hours of oceration do not oermit ne to do my work and scend a great deal of time there, I reouest that a conv of the F9A9, true and con 91ete, and of the Environmental Reno-t, likeaise, be delivered to ne at my home address. I fu-ther reouest that I be allowed a mininun of 30 davs fran the time ~I receive then to file contentions, sunclementation and amendments to this n etition

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to intervene. This is only reasonable sincej CP&L, with far nere resource: than I have, took years to prepare the FSAP. and E9, so I should be allowed fully 30 days, at ninimum to review them and formulate contentions based thereon (and on other bases of information).

I further rec.uest the NRC to deliver to the '5ake County Library or the Durham County Library cooies of all documents missing from the files in the ' fake County Library relating to the Shearen Harais Nuclear Power Plant. It is not reasonable to exoect interveno*s to work with incomolete files such as to my knowledge exist there now. In ny looking through the files at the Wake County Library, I have found that a la ge number of documents are missing, f ncluding notions to which msconses are in the files (but not the notion), memoranda referred to in other i

documents in the file as being cart of the file, etc.

I also request the NRC to nrovide funds nursuant to v o"k Connittee fer a Safe Environment, etal, vs. US AEC (oredecessor to N9C), DC Circuit

! Court of Appeals, ca. 1975, to assist ne in providing a full defense of my interests and the oublic health and safety and environnental l protection, all of which are valida nurtoses of intervention and which inte"venors have contributed to, without undaue financial penalty to myself.

5 I was allowed by the AE;3 to sit at counsel table and advise the intervenons in the "emanded hearings in this docket on Co&L's " safe nanagement" canability in 1979. I a nneared nro se in a hearing of the NC Environnental Management Commission (AH AC. 79-1). I have the ability to conduct cross-exanination on technical issues.

I believe that my inte"ests 'n this nroceeding a"e not adecuately protected by the Annliaants due to their enormous f'nancial interest in trying to save what may be a very unwise investnent. My exce-lence of the N7C Staff is that you can 't count on ther. either. Their nrio*ity l 1s getting licenses done, as evidenced by nunerous statenents in rule-makings oublished in the Federal Register in 1981 and 1982, even though l

they admit they haven't enought staff to finish dealing with the issues raised by the Three Mile Island Accident of 1979. Also, NRC has not inchemented changes in its own organization, criorities and attitude, particularly with resoect to safety and to cublic narticination, that were seen as crucial to safety in the Keneny Conni=sion and Snecial Inouiry Groue (Rogovin) recorts. While there are NC environnental grouns that may intervene, there is no assurance they will continue to exist to helo defend ny interests in this matter. They nay disannear, as did Wake Environment when _ a CP&L encloyee got control of it. The Attorney-General of NC has made only very modest efforts in ruelear natters and lacks the staff and excertise and f unds to e ffectively intervene. I asked the attorne- for the City of Durhan whether the City would be interested in inte"vening, and he ' nrormed ne the City Council has made colicy not to, in both federal and state croceedings.

Based on my interests that nay be affected, my areas of conce"n to litigate , and other facts stated herein, I respectfully reques t that this petition to intervene oro se be granted, and that I receive cocies of the FSA9 and ER and 30 days fren the time I receive then l

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in which to file contentions. I reserve the night to anend or succle-nent this petition as necessary to exercise ny rights (including those under the Atonic Fnergy Act) and/or conform with any aonlicable rules or regulations. > _ . . ' / .;' "

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I request that, to the extent not included in the FSAR, a conolete cooy of all orocosed technical soecifications and any draf t of an ooerating license for the Shearon Harris Nuclear Pouer Plant which may be in the nossession of NUC, N7C Staff, CF&L or Agency be delivered to ne as soon as nossible, and that I be allowed 30 days fron "eceint of sane to file contentions based daereon.

I believe that the issuance of any operating license for the Harris nuclear plant to CD&L and Agency would contravene the antitrust laws of the United States and the colicies underlying those laws.

I request that the Acolication for and Operating License for the Harris nuclear olant be denied, or be so conditioned as to orevent any injury to my (or oublic) health, safety or economic interests under the Atomic Energy Act. I further request that the N9C conduct this oroceedir.g in full conpliance with its own rules, naking inf ormation available to ne in a timely nanner and grantning extensions of time as anorocriate whenever N7C or any other party f ails to do so.

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This 25th day of February, 1982 Wells Eddleman 325 E. Trinity Ave.

Durhan NC 27701 (919) 688-03h7; (919) 383-6602 VERIFICATION Today Wells Eddlenan anneared before ne and affirmed that the foregoing Petition to Intervene, Request for Hearing and Motions for Extensions of tine are true of his own knowledge, excent as to matters 1

that may occur or are stated uoon ,infornation or belief, and he believes those to be true. 4/ h

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l I hereby certify that the following narties have bee @rr-served with a copy of the attached Petition to Intervene, Request for Hearing, t

and Motions for Extensions of T'.me, by deoc& siting same in the United j States niil, postage prenaid (first class), addressed as follows:

(certified mail) Secretary Attn. Docketing & Service Branch, 30-h00/h91 0.L.

USNFC Washington DC 20555 Executive Legal Director USNRC Washington DC 20555 George Fox Trowbridge Shaw, Pittman, Potts & Trowbridge 1800 M Street NW f

Washington DC no zip code for Trowbridge is given in the public notice, attached.

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This 25th day of February, 1982 Wells Eddleman ~"~

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