ML20082P908

Response to ASLB 831123 Questions Re Eddleman Contention 37B & Joint Contention Ii.Expert Witnesses Identified & Seven Critical Disputes Listed

ML20082P908
Person / Time
Site:	Harris
Issue date:	12/05/1983
From:	Eddleman W EDDLEMAN, W., JOINT INTERVENORS - SHEARON HARRIS
To:
Shared Package
ML20082P913	List: ML20082P908 ML20082P920 ML20082P929
References
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8312090231
Download: ML20082P908 (8)

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1 000KETED UNITED STATES OF AMERICA UE Decembe" 5, 1983 NUCLEAR BEGULATOBY COMMISSION 83 [F,-8 E0 :23 n

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD. '

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Glenn O. Bright Dr. James H. Carpenter James L. Kelley, Chairman In the Matter of J Dockets 50 400 OL CAB 0 LINA POWER AND LIGHT CO. et al. ) 50 401 OL (Shearon Harris Nuclear Power Plant, )

Units 1 and 2) ) ASLBP No. 82-L6F-01

) OL Joint Intervenors'and Wells Eddlenan's Resnonse to Board Questions re Health Effects Contentions By order dated 11-23-83, Docketed 11-25 93 and served 11-28-83 the Board ordered the Joint Interveno-s and Wells Eddlenan to (1) identify excent witnesses we nrorose to call re Joint Contention II and Eddleman Contention 373, describing in detail what issues those witnesses would address; and (2) to state which of the seven "nost critical disputes" listed on page 11 (LIST OF MATTFDS IN DISDU'E L

ON JOINT CONTENTION II) of our 10-28-83 response will be the subject of exnert testinony. We have identified the following exneat i

i witness list and address each ouestion for each such witness.

A.I, JOINT INTEn7EDORS will nresent Jr. Ernest Ste=nglass, Professor Eneritum of Radiological Physics, Dent of Radiology, School of Medicine, Unive=sity of Pittsburg, who will testify concerning itens (a)(3) (need to use a sunralinear resnonse nodel for radiation health effects, including higher health effects when a radiation dose is distributed over a lonF neriod); (b) (internal emitter hazards insufficiently considered, including eefects on the fetus, fetal thyroid, young children, and young children's thyroids 8312090231 831205 PDR ADOCK 05000400

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i and studies and evidence for underestination (by NRC Staff, E?IW et al)

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J of the health and genetic effects of alnha, beta and neutron radiation r

on DNA, cell membranes, and enzyne activity); (c)lthat the tine L

period used by Apolicants and Staff to 6stinate health effects

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from oueration of the Harris clant'(100-1000 years) is too sho-t, connared to the neriod the enitted radionuclides (e.F. in the cases of C-lh, nlutonium and other transuranics, etc) will be doing damage; (d) his own studies of observed increases in cance" 9ortality rates in the vicinity of nuclear facilities; (e) the natte"s stated on Joint II part (e) for errors in Aunlicants ' radionuclide concentration nodels: rainout of radionuclides, or hot sports; "ad'. onucli d es absorbed in o- attached to fly ash fron coal nlants; inconnlete mixing and dispersion of radionuclides. Dr. Ste nglass will address (or rive"s) the novenent of radionuclides from the air to the ground gand thence into water supulies (by runoff, etc ) fo= cities near the Ha="is nlant, e.g. Lillington, also, under this part of his testinony.(f) Dr.

Sternglass may also address the use of less chenically reactive, rather than more chemically reactive, forns of radionuclides used in NSC nodeling of radiation dose delivered, and the radionuclides ignored in such modeling. On each of the above-cited issues, D".

Sternglass informs us he will testify in sunnort of Joint Intevvenors' nosition, reviewing recent literature, his own studies, and other l data in the process. Due to lack of time to nrenare a nove detailed outline of his cronosed testinony, we submit the above now. Dr.

Sternglass will be able to n= ovide testimony for nrefiling by 10 j January 198h on the above issues excent for any that a"e dronned by agreenent between him and the Joint Intervenors.

2.0f the seven "nost critical discutes", Dr. Sternglass is presently anticinated to cover #'s 1, 2, 3, 4, and 6; possibly 5 and 7 also.

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B.1.Dr. Sternglass has also agreed to testify for Wells Fddlenan

. contention 37B he will, concerning contentions 37B and 8F(2). On as nresently anxticinated, testify in sunnort of the work of Brose and Berte11 (and review other sunnorting studies) as to the (a ) visk of other diseases, allergies and causes of death besides cance", due to exnosure to low-level radiation; (b) on the basis of his studies and review of the literature on such health effects, suonowt the contention that the estimates of numbe"s of victims of such diseases (besides cancer) are none accurate than those of BEI9, Annlicants, or NRC Staff; (c) testify in sunnort of the contentf on as to pain and suffering of victims of radiation-caused diseases, includine cance",

that such nain and suffering should be taken into account in striking the cost-benefit balance for Harris overation. Due to the snort notice provided in this Order, no more detailed statenent of Dr. Sternglass' uronosed testinony for Wells Eddleman on 37B is available at this tine.

An undate will be filed, if reauested by the Boa"d, when nove information is available. Dr. Sternglass inforns Wells Eddleman that testimony on contention 373 can be available for fil!nr Jan.10,198h.

2. Dr. Sternglass is now anticinated to a_dd-ess evitical issues 3,4 and 6 and nossibly #2 also, re Eddlenan 373.

C. For the Board's infornation (and to undate Eddlenan's discovery resnonses on witnesses), Dr. Ste"nglass has also agreed to -testify for Wells Eddleman on Content $on 8F(2) and as can have his testimony available for urefiling January 10, 198h - now antic? pated.

This testinony will sunnort parts (1), (11)&(111), and (iv) of the contention, based on Dr. Stergnglass's work and review of the literatuwe including narticularly NRC Translation 520 re na*ts (ii) and (iii),

as now anticinated. It is exnected that critical Issues 1,2,3,h,5 and 6 will be addressed concerning contentien 8?(2).

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Dr. Sternglass 's pres'ent nosition is stated on naFe 1 above.

Some of his qualifications are given in his book, Secret Fallout, which Wells Eddleman possesses a cony of. Dr. Sternglass has testified as an nert witness be 're the Joint Committee on Atonic Energy (JCAE) of the US Congress, in legal cases including Hoticker V. Hendrie, and benfore Atonic Safety and Licensing Bohads in the Beaver Valley and Davis-Besse cases. The Beaver Vallev plant was one of those cited by the NC Utilities Connission (based on information suunlied by CP&L, the Shearon Ha*ris Annlicants )

as similar to Harris, when CP&L rexceived its Certificate of Public Convenience and Necessity for Harris from the NCUC, 2-29-1972 (si c ) .

See iten 6 of said case's Order granting _ certificate, Docket E-2 sub 203 Other than N90 Translation $20, the Bross and Berte11 nanews, the Mancuso-Stewart-Kneale studies, and the work of Gofnan nreviously identified to Annlicants on discovery, we do not know what documents Dr. Sternglass will rely on in his testinony; when we obtain such a list from him (or W.E. does re 8F2 or 37B), Annlicants and NMC Staff will be mailed a copy.

D. Dr. Caral Johnson has been retained by Joint Intervenons and Wells Eddlenan to testify on Joint Contention II and Fddlenan 37B.

(Dr. Johnson will also testify on 8F(2) for Eddlenan as now planned.)

1.Concerning 37B, Dr. Johnson will testify that BEIS-I (1972) estinated that a greater uronortion of neonle would su'fer "non-snecific health effects" fron ionizing radiation, e.g. prenature againg, heart disease, and lower resistance to disease (etc), than wnuld Fet cancer. He will sunnort this position by analysis and other studies.2.This testimony will address critical disnutes k and 6, and nossibly 3 E.1. Concerning Joint Contention II, on iten (d) of that contention, Dr. Johnson will testify that recent studies at/around the Windscale plant in England, which includes nuclear reactors and

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plutonium and uranium processing, show an excess of deaths fron leukenia and cancer; that this finding of excess was confirned by Dr. Edward Radford (head of BEIR-III); that the Windscale studies suonort Dr. Johnson's own studies around the Rocky Flats nlant in Colorado over the nast 9 years; that radioactive veleases from the Oyster Creek n-plant in New Jersey nose an unaccentable danger to the nublic health. Dr. Johnson nay also nresent fu*ther analysis and information f rom his own work and that of others in suonoat of these positions; plans for his testinony are cur ently inconnlete.

Concerning Joint Contention II part (b), Dr. Johnson will testify of the Contention in suonort of this section in detail, relying on his own vecent studies and other studies, including the facts that nentunf un emitted fron Harris decays into Plutonium, with a biological clearxing time of 200 years; that alnha particle emission inside a cell gives (Der alrha pa"ticle) 100 rad to the cell nucidus ; and facts sunnortine the higher risks fron internal radiation enitte=s.

1st naragranh and Concerning Joint Contention IIguart (a), Dr. Johnson will testify that the basis of KDC and DOE radiation exnosure estinates around nuclear nlarts urz is inadeauate and wrong; that studies of rddiation in the environment and around the San Onofre nlant are wrong and inadequate; that when the gestational age o c the fetus at the time of the TMI-2 accident qis accounted for, there is an excess of fetal deaths around Three Mile Island (based on Johnson's own published wovk, and the agreement of the head of the inouiry into fetal deaths at TMI); that the current NRC standards for radiation exp_osure to the public are not adeountely protective, and are inconsistent with (higher exnosu*e allowed than) etc EPA standards for radionuclides such as tritiun, ectinides, and uranium, Concerning Joint II part (c ), Dr. Johnson will testify that after transuranic radionuclides enitted from Harris decay,(once),

they produce decay products that are still radioactive; that there ave

I substantial decay chaings cf this tyne, e.F. the one beginning with nrincinally Np-239 released fron Harris, decaying to Pu-239, then by alrha emission to U-235, and from there by various decay cha ns which have radioactive material in them for thousands of yea *s un to the range of hundreds of thousands of yeaws; that anewic$ un isotones released from Harris will begin similar decay chains; that the hazard from such decay chains lasts far longer than the 100 to 1000 years over which NFC Staff considered health effects *or Henvis emisstens.

Concerning Joint Contention II part (e ) Dr. Johnson will testify that half of the usual industrial exhaust niune reaches the gvound ,

and that direct exnosure to the n1ume fron Harris is not an accentable hazard to the nublic; that the ionization of the ainstwean including radionuclides released fron Harris (ionized by the decayinc nuclides themselves) reduces the effniciency of filters used to renove these radionuclides fron the Harris releases to the atmosnhere; that the=e are other reasons why the exhaust filters on Harvis are inefficient.

Dr. Johnson's renort oublished by the Royal Swedish AcadenEy ve filters d'O NC Nebrning Joint Contention II nart (f), Dr. Johnson w?ll testify that a recent Journal of the American Medical Association article detailing exnosure of Marshall Islanders to the same nadionuclides emitted fron Harris showed that they received about 8 tines greater exnosure from Ioidine-133 and -135 than from Iodine-131; that the=e are hundreds (about 500) of radionuclides of concern that are emitted from nuclear n1 ants; that decay nroducts of certain Harris emissions (e.g. Xe-133, NP-239) are even move hazardous than the nuclides originally enitted.

Dr. Johnson's testinony outline is currently inconnlete, but the nresent nlant for it is given above. It is subject to nossible revision; if any revision is made the Board will be advised.

2. Dr. Johnson's testinony as now nianned will address c*itical discutes #-6,3, and nossibly 4 and 5 F. Dr. Johnson is anticipated to testify in sunnoat of content *en This testinony is anticinated to address 8F(2) of Wells Eddleman.

critical issue 6 and perhans 3, h and 5 also; it is anticipated to include or rely on the test'.nony on Joint II (c) outlined above, re time neriod of concern for health effects. It is also anticinated to address the 11 nlutoniun isotones of concern in the ruclear fuel cycle.

(}( Wells Eddleman and Joint Intervenors are seeking additional witnesses, at least one of whom had not connitted to testify by the deadline for mailing this response. Such witnesses will be named and the Board questions answered for each as soon as uractical, in amendments to this response.

H. Dr. Morris Lipton, a psychiatrist, will testify for Wells Eddlenan on the pain and suffering aspect of 37B. He will . testify that as a psychiatrist, he knows a lot about pain and treats pecole for it; that the pain and suffering undergone by victins of cancer and other diseases is very real; he will deal with the uhysical and psychic aspects of pain and suffering; all this as presently planned.

Dr. Lipton is Professor of Psychiatry and Directow of the Biiogical Sciences Research Center at UNC School of Medicine, Chanel Hill, NC.

(--W.E).

I do I.not now possess a statement of his further cualifications.W. krbara Wynn, Luarinburg, NC, will testify for Wells Eddlenan, also on the pain and suffering issue. Dr. Wynn has experience with people of all ages dying, including persons dying of cancer, and will testify in detail about the pain and suffering to the individuals and their families in the process of dying fron cancer. No more detailed outline of her planned testinony is presently available.; curriculun vitae to follow later.

J. Testinony on pain and suffering from genetic disease, suffering of peonle in genetic counaeling and uregnancy where genetic disease is possible or detected, is being actively sought. END

UNITED STATES OF AMERICA NUCLTAR REGUIATORY C0!! MISSION J Dockets 50-400 '

In the matter of CAROLIEA POWER k LIGtiT CO. Et al. ) and 50kh01 0.L.

Shearon Harris Nuclear Power Plant, Units 1 and 2 CEICIFICATEOF SERVICE 70/ 6

' Ef' I hereby certify that copies l

of G~f k N a p n[ N N4 gny3ysg5 W b c ? 'd ] 'S ft Wwm2rM 4L *D a CCV H2A  % I?DEP>iocer m or us Ma., ecy oc )gijg HAVE been served this b day of 34%hber 1983, by deposit in the US Mail, first-class postage prepaid, upon all parties whose names are listed below, except those whose nanes are marked with an asterisk, for whom service was acconplished by Judges James Kelley, Glenn Bright and Janas Carpenter (1 copy each)

Atomic Safety and Licensirt Board US Nuclear Regulatory Comission Washirston DC 20555 George F. Trowbridge. (attorney for Applicants) R uthanne G. Miller Shaw, Pittman, Potts & Trowbridge 1600 M St. NW ASLB Panel Washington, DC 20036 USNRC Washington DC 2C65 5 Office of the Executive Legal Director Phv111s Lotchin, Ph.D.

Attn Docke ts 50-400/k010.L. 103 Bridle Run USNRC Chanel Hill NC 2751h Washington DC 20555 Dan Read Docketing and Service Section (3x) CFA!ET/FLP l

l Attn Docke ts 50-kOO/hC1 0.L. Malaigh,$707 NC Waveross 27606 Office of the Secretary Dr. Linda W. Little a neton DC 20555 Governor's Waste Mgt. Bd.

513 Albenarle B1dg J hn RurAle 325 N. Salisbu W St.

Raleigh, NC 27611. ,

4 Granville Rd Bradley W. Jones Chapel Hill Nc 2751h USNRC Region II Robert Gruber 101 Marietta St.

'Travi s Payne Exec. Director Edelstein & Payne Public Staff Atlanta GA 30303 Blox 12607 Box 991 l

Raleigh NC 27605 Raleigh NC 27602 Richard Wilson, M.D. Certified by w 729 Hunter St.

Apex NC 27502 l-l