ML20127M915
| ML20127M915 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 09/09/1969 |
| From: | David Nelson NORTHERN STATES POWER CO. |
| To: | NORTHERN STATES POWER CO. |
| References | |
| NUDOCS 9211300509 | |
| Download: ML20127M915 (10) | |
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NORTHERN STATES POWER COMPANY 414 NICOLLET M ALL MIN N E APO LIS, MIN N E G OTA 5 8408 LAW DEPARTMENT TELEPMoNu sso sooo
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September 9, 1969 i#" " C' FOR YOUR INFORMATION -
s 1.
The Notice of Appeal by the Company against the Minne-sota Pollution Control Agency was served upon John P.
Badalich, Executive Director and Secretary of MPCA, on August 28. 1969.
The Nntice nf Appeal waa filed with the District Court, Wright County, Minnesota, on August 29, 1969.
A copy of the Notice of-Appeal has been fur-nished to you. _The fall term of court in Wright County, Minnesota, is in November 1969.
The District Court File Number is 19733.
2.
The Complaint in the action brought by Northern States Power Company against the State of Minnesota, the. Minne-sota Pollution Control Agency, and the individual members
'~
of the Agency was served upon the State of Minnesota on August 27, 1969.
The action was_ brought in the United States District Court, District of Minnesota, Third Division.
The Court sits at St. Paul, Minnesota, wnich-is the capital _ of the' State of Minnesota, the principal defendant in the. action.
The next term of the Federal q
Court in this District ^ is in November.
The' defendants' in this action =have 20 days from the date of service-within which to-interpose an Answer to the Complaint.
Although the individual defendants' may have been served upon. varying dates, the. state of Minnesota has until September 16, 1969, within which time to _ interpose __ an Answer.
9211300509 690909 PDR ADOCK 05000263-g) p PDR-
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4 September 9, 1969 Page 2 4
l At the present time I do not know of any parties who have ex-pressed a determination to intervene on either the plaintiff's side or the defendants' side.
We must await further dev'elop-ments.
Copies of the following papers accompany this communications i
1.
Notice received from Clerk of the United States District Court, St. Paul, Minnesota.
a 2.
Pages 1-7 of NSP Clipping Digest dated Septeraber 2,1969.
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Donald E. Nelson a
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0S0 UNITED STATES DISTRICT COURT gg V6[
DISTRICT OF MTJESCffA ST. PAUL 55101 August 26, 1969 lh Donald E. Nelson 414 Nicolkt Fall Minneapolis, Minnesota 55401 Northern 5tates Power Company vs. The State of Minnesota,, 85 Civi Re: The Minnesota Pollution Control Agency, et al. - No. 3-69-1 This case has been assigned to Chief Judge Edward J.
Devitt.
Counsel are expected ta proceed with protrial discovery with dispc.tch and are urged to cooperate in exchanging all pertincut infarms. tion, including reports of medical examinations and extent of insurance coverage.
Motions in connection with this case cay be noticed for hearing before Judge Devitt at St. Paul on any Monday at 9 a.m.
Reasoned memoranda of law and facts shall accc=pany motions, and objections to them. No motions relating to discovery shall be heard unless 1t affir:atively appears that counsel have met and attempted ta resolve their differences.
All jury cases at issue vill be tried at sessiens twice yearly - in the spring and ra.u. - to oe Iollowea by the trini of
)
non-jury cases. No notice of trial or note of issue is necessary.
Pretrial conferences may be ordered by the court or re-3 quested by counsel. Settlement conferences, particularly in jury nt:gligence cases, may be ordered by the court in=ediately prior to the summoning of the jury.
In the trial of ca'ses every effort vill be made to accom-modate counsel engaged in trial in other courts; but it vill be the responsibility of counsel to arrange for other representation when such accommodation is not possible.
Communications with reference to this case =Ay be carried j
on with Miss Marion Hilgert, Judge Devitt's Calendar Clerk, at 708 Federal Courts Blog., St.' Paul, Minn. 55101. Telephone 725-7179 t
Very truly yours, Frank A. Massey, Clcrk United States District Court.
I 1
takes Are High in State-NSP Fight B)' RON WAY DOTH DIE state and NSP "Dy God, if this plant are preparing well for the would harm anyone I would NSP CLIPPING DIGEST stianeapolis Trit +ne staff Wrher battle. Head said hib staff be the first to order it shut Although the debate in will prepare for the case with down," Ewald said.
Mmnesota over radioactivity a mird toward gomg to the Convinced of the plant's Inf. & Adv. Dept.
from nuclear power plants is U.S. Supreme Court. NSP isl safety, Ewald is wort ed that SeEt* 2' 1969 still growin;.
2;creaching t.he matter with it ra.ay not start up on ti:-e g
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A N W 1CW6mn,,,, tapper.s, he w. tne re-may well be critical in de-gion will not have necessary their attention u.,Jd id,.
ciding the case, sources of energy. He says n f' t
to effects of the fallout, fItt'te Exp!! cit in the U.S. Consli-the chances of a brownout or The issue Im.0 tution is the,'so. called re.
outage will be significantly C*itizens Group already is con-M'3 served powers clause, whleh increased.
d tha powers n sid e r e d the Yh es O'NSTRVATION. T h e hg h.g biggest and w nuclear issue is helpmg most bitterly fougnt constru. the feder,tl government are atton battle m the state's his-reserved to the states' accelerate a trend toward sup-port Nr strict governmental l lQ[N* jaJ. t M) 2-*
sp i
tory. It promises to get big.
WHEN Ti!E framers of the controls.
l W l'g' ger.
Constitution finally voted on The group rnnst responsibl-Last week the arena chang.
the document in 1787, they for whipping up pubbc anti-W8b" '
N ed when Northern States had no reason to consider. radioactivity support is a The Mmnesota Environ.
Power Co.
- NSP), whose either environmental controls loose coahtion of politicians mental Control Citizens As-plant at Monticeito. Mmn..
or atomic energy for inclu ; and conservationists called sociation has rdedged to the occasioned the atomic de-sion of specific powers for.
the Minnesota Environmental state of Mint ata its " full, bate, took the issue out of the federal government
- Control Citizens Association vigorous and unremitting leg.
+ the board rooms and into the But the Constitution can:
(MECCA).
al. technical and moral sup.
be - and always has been :
MECCA onginally was port" in the state's battle courtroom.
considered to be generali founded to save Pig's Eye against the Atomic Energy NSP is (hallenging the state's authonty to establish en ugh to speak on more Lake in St. Paul from despoi;.
Commission (AEC).
radioactive discharge limits, subjects than the frarners ation from a public dump, a Northern States Power Cn.
contending that Congress y "h2'd sewage plant and a number is buildmg a nuclear power
^
gave sole junsdiction in the
- kely I
u field to the federal Atomic to decide wheth of other sources. But the plant at Monticello and has group, after taking on the nu-gone f1 court to uphold its Energy Commission (AEC).
Philadelphia said n hin8 about the states having in clear issue, has grown from position that only the AEC i
IN ANOTHER suit NSP is' herent authority to be tough-a handful of members a year can set standards for ra-seeking relief from a dis '
er than the federal govern-ago to over 3.000 today, clear generating plants.
charge permit adopted in ment in environmental and Another group, the Minne.
Gov. H a r o ! d LeVander, May by the Pollution Cortrol public health controls.
sota Committee for Environ !
Atty. Gen. Douglas Head, and Agency (PCA) for the Monti-Aside from the legal ques-mental Information (MCEI),1 the Minnesota Pollution Con-cello plant, claiming the docu-tions, the riuclear power issue perhaps most responsible for trol Agency maintain Minne-
. ment is arbitrary and tech-has spun off a number of side originally pressing the nuclear sota has the right to set I nically unworkable.
Issues, including:
issue, has been expanding its standards for control of ra.
Constituational and federal honzons, its representatives diation wastes from the POLITICS. Next year is a
{ political year in Minne-
. policy estions are involved, l
have been involved in Wis-P ant.
and bot sides recognize how consin meetings where the The citizens' rn said impottant the outcome will sota, and the cou rt battle nuclear question was dis-Saturday it has written Head be.
likely won't be settled before cussed.
Atty. Gen. Dca;als Head the voters cast their ballots commending him for h:s an sees the court battle as m November. The nuclear is.
Both ErouPs, and others nouncement that his office tentially a lardmark case bo-sue will be fair game for the organized for environmental will fight NSP's suit.
e-
{rotectio, a e expected g
g fore the U.S. Supreme Court. vo e et ers TifE CENTRAL issue, in I scN the head $cs in the l%
Head s view, is whether the son and Nicholas Coleman,. ;as the nuclear issue pro' hir:
both of St. Paul and now con-Igresses.
oneer Press that the Northern States sy he elivsth[d s dered the leading contend.
THE PUBLIC image of Power Company is going to court to pro.
establish pubhc healt( protec. 'ers for the DFL gubernatorial 3 NSP. Desmed o, not, the i~i m God.siven right to iam e tion policy more stringent endorsement, have been sup.
power company has suffered hvers. I do not think that a court fight as than regulations adopted by porting the state position for heavily throughout the nu-necessary. I can think of an caster way the federal government.
weeks.
clear debate-and its admin.
to placate the people.
After all, it is pointed oat, Gov. Harold LeVander this istrators know it.
If the board of directors and other the federal government sets week will take the issue to' NSP's brited cnalrman, Earl management personnel of NSP are will-air and water pollution con. the National Governors Con.
Ewald, is convinced that the ing to drink a glass of water exactly as it trol regulations and actually ference at Colorado Springs, Monticello plant is to safe is when they pump it mio the river eu encourages the states to be Colo., hoping to get the gov-that persons are 100 times ery day for a year,Ido not thmk that the tougher. The AEC, however, ernors to adopt a polley state-more likely to be struck by P'O.PN.M Minnesota would c. Meet to believes the states lack the ment supporting Minnesota's lightning than they are to be their disposing ofit in the then. But,if technical knowledge to regu. stand'de from LeVander and harmed by radioactivity even they are unwilhng to do so why should late atomic energy, and it-Asi if they drank all the water other people be trade to drink,t? If through Congress-has taken Head (who is a candidate for they needed for a lifetime N.S.P. has their v ay we will soon have on the entire job.
the Republican nomination for from the plant's discharge to worry about the half.hfe of our b. th The AEC and the nation's U.S. senator), the Republicans canal
- water. Soon when we turn on our watt
en. have been generall power, industry haveinitiate the nuclear issue, y silent on tap water won't he the only llunt that couragM NSP to comes out, court action against Minne.
But don't wony about thr estni mi sota.
because the radiation is free trotu W St. Paul GEHALf1 1..WifLailti;l,
Lh d
Seeks Sumort
$2kA."P2 L*
e an erin Ficht V ith $
The decision at Mrtnern Mat's l'nw-e er ('n. to chauenge in the courts the right c.
Mmnesota's Pollution Control Agency iPCN to act and enforu standards to
%,.g' AON WAY Hinkley said the pite.h will 4
he made in a five page state-control radioactise pollutou from miele-MinwHs Tribm staff writer ment on the last day of the at reactors corues as a serious disserv.
aroldhander will setsion when the - governors Gov.
are scheduled to consider is.
appeal to the nation's gny-The power comnany ollwials, who ernors next week for support sues relating to er.vironmen-or gmally sought f am the PC A a permit' n Minersota's darlaratinn of tal quality.
In ope
- ate and
-ch ase radioacta e war against the U.S. Atomic It will be ib first time nsten trom t.., Jnnticello nuclear Energy Commission (AEC).
Wat the Minnesnia nucicar r generator, contend tney cannot op-povver 6tue, which for mont hs under the h mts est.iblishedin the LcVander will present the has been hntly debated in a
c rdt. Instead. ibe com,pany now wants state s case int challengmg the state and recina, will he w operate it s.,lonticello '9wer unit.
AEC exclusive jurisdiction d scussed in a national for-over radroactivity released aduled to be leady to inn nut spring, um.
.Jer re, ulauens set by the U. S. Atom.
from nuclear power plants before the National Govern-THE ISSUE renhed a r.cw
- Snergy Commission The AEC regula.
a are f ar ! css restricthe in the allow, ors Conference at Colorado plateau this week when the
'es ci ni dise.arce of radioactig Springs, Colo.
Northern States Pnwer Cn.
(NSP) filed suit in U S. Die s imu uvers ud inin the atmas" According to the g o y e r-Fe nor's press secretary, Rob-
- l, Cou-kannenamg the ett Hinkley, LcVander hopes dioact iss n rm u tbc nmc Nst' appbce ir the state pei nu,or iadioactn e v aue releases to get, the governors to adopt trnm Monticuin into ibe Mississinni Riv-
"P hCY statement obj,ecting the comg ns. clear plant iN unde cor < aen at Mon-cr and the atmosphere. many criserva-to AEC,s preemption of ra-ti@ h diation controls, a
tien,ts and nt!'cr members ni the public were in stronc reposition. mostly on the HINKLEY WILL leave for NSP also has filed suit in basis that the waster would be a pubhc Colorado Springs today to be.
Wright County District Court eking an health hazard-
. m work on getting the pol-(n uncti n pr'e g
During the perrr.it hearings NSP of Scy statement on the agenda enforcement of the provi-ficials assured members of the PCA that
- fo*
vote. LeVander will lsmns in a permit regulating the releases from the Monticello would mday for the confer-
,the discharge from the plant.
he f ar less thz r.
established f or which begins Monday The permit was adopted in c
public safety i AEC. 'Many sciec-
'and continues through Wed.
May by the State Pollution t
It' 2 1.elieve the ACC sta,;t.urds tre ti"i inesday Control Agency.
oosed NSP officnis. in far listeel the amount of each radioactiv waterial The courts never have de-that would be relewd f rom hinnticello.-
term,med whether states can assume regulatory autho,rity In premtig tnese fig.es as offi-over atomic wastes, in view cial testir o.*y. *he en;6neers appear to ni apparent congressional ac-have p; Hts 1 % power enmpany into a tion.giving sole jurisciction F.A's auclear consu' tart in the field to the AEC.
corner.
Innk NSP's ow n ' 'utes and used them NSP SAYS the permit is as a basis for the.. tate permit for Mon-arbitrary, contradictory and tu elln's operatina. Now, SWs board unworkah!c, chau man sats the plant (annot be op-H nkley said the gnuer-craten witnir the limits nuthned in the nom wm & M m wp PC.Ys permit.
the AEC and Concrets per-The NSP board chairman also ques-sonally that the states have tions the techmcal knowledga of the PCA an inherent right to sei "which depended on one man athe nucle-anti pollution control measures for these standards more stringent ar consultants for its minrmation m same interstate waters, than those required by the drawmg up the permit for Monticello.
The state should exercise its full au-AEC.
Actually. the ecgineers for NSP acd thrity in the fight to defend its power to l "The governnt secs this Genceal Electric huilder of the reactor, set standards for control of radioactive issue as an important test were the source of information m the pollution. If necessary, the PCA should case over the authority nt er.ission standat ds re open the hearings on the Monticello the federal government ver-NSP's action to c hallenge the right of operating per* nit and fo ce NSP to re-sus the states," Hinkley said.
the state to set radioactive pollution con-state the anticipated lews of radioac-Rep. Joseph Karth D-trol standards comes as no real surprise, tive pollution from Monticello.
Minn rec t1y introduscd The company has been urged to take the M these. levels appear to be too high, issue to court by offic:als of the AFC. as jtdged by the PCA's nuclear consult-8t tes the authority Mmne who maintam they have exclustve right ant, the state also should consider ask-s i seeking in the nu-over waste discharge levels from nucle-ing the courts for an injunctiorwnot only cer ield The legislation is ar reactors.
to prohitd the operation of the Montiett-supported b three oene:
The AEC position is hi::hly inennsist-10 plant, but to prohibit further construc-Mannesota corgressmen.
ent w:th the pohey of tne i ederal Water tion at the Monticello plant site until the Democrat Donald Fraser and Pollutien Control Commission, which reactor has been designed to include Republicans Albert Quie and 2
setronly mm: mal standards for the re-equQ* ment that would insure full public
! John Zwach.
lease mtn interstate w. 3rs of treated protection from the ha.ards of continw v~ r ge and non radioactive Ladustrial ous exposure to radioactive materia!.
<. ants and actively encourages from thefower plant.
. as to adopt much more stringeat
l NSP To Fight M!ution
- is Beiever l JcPl
' 'ncy in CourfbeMaqeam j
'Of $ 44 M (M
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kll j yy-By KDY StAGNUSON w.J. I il v U L,il i
Staff Writer l
th It0!!!mT.l. O'KEEFE f
Company began court action action, "which agency shall
%. ' Gen.Sgl,f Wr 2.t)
Northern States Power news conference announemg me gty.
ouglas Head.
j Tuesday agamst the hiirinesota regulate our power plant. Our sa d today that the lawsuit in.
Pollution Control Agency (PCA) responsibihty is to supply the volving the Northern States 1
in regard to the radioactive electrical needs of this com-
..N. clear plant at Power Co. nu-wastes to be discharged at NSP's munity and to do it in compliance N
i hionticello nuclear power plant, with the applicable regulations hl o n tic e i 1 o l
which is scheduled to begin designed to protect the public could wind up
'f' a M. L"" @fIS L Q h rm commencal operation in May, halth and safety."
t TG in the U.S. Su-1970.
He went. on to explain that v
p r e m e Court Atty. Gen. Douglas Head said l
"The proposed state plans and committments were p. :--
for a fmal ver' today he will take on Northern j
regulations," Earl Ewald, NSP made under existing regulations dict.T h i s may..tates Powcr Co. In court and S
] "ll be a na.
chairman of the board, ex.
and now NSP is subjected to vigorously defend" thc nght of piamed,"are in conflict with the " arbitrary eonflicting p', g twe the state to set strict standards Federal regulations. We have regulations without substantive 1M_.jt i o n a 1 test for tiv operation of the new found them to be arbitrary, showing that this additional
_llead case, llead contradictory, and ambiguous to control has been adequately told newsmen at a press con nuclear power plant at h!on-gy, l
the point where imposition of the considered or is necessary,"
ference in his State Capitol At a news conference Head PCA standards would jeopardne NSP's major objections to the of6cc~
u & "We will use all of tNe legal j
NS P's ability to cbtsin an PC A permit, accordmg to Ewald' Ilead said that his office resources of this office to resist operating permit from the center around technical will defend the power of the encroachment on the right of this -
Atomic Energy Commission limitations associated with tr.e.
state ia regulate discharge of state to take what actions it dus legal action was the only measurements and monitoring of radioactive was'e from the deems necessary to protect the I
r releases and NSP plant.
health and welfare of its alternative left to us as the new[,adioactive'hy du P
NSP filed an action in U.S. residents."
l plant is essential in serving the c
s ndard l
mereased demand for electricity.of actual liquid and gaseous District Court Tuesday and also said it plans *ction in which will occur next summer, radioactive releases."
state court, Ewald emphasised.
"Some portions of the permit
. No one in the whole com are simply beyond present At issue is, which level of mumty is ccacerned with the technological capability to government has jurisdiction supply of electricity until an achieve.PCA standards are from for regulating the plant-the interruption occurs, except 50 to 1 million times more state through the blinnesota NSP." Ewald pomted out. "It is restrictive than the AEC's," he Pollution Control Agency or r
(
our responsibility to look out for said.
the federal g o y e r n m e n t l
mterruptions and th,s is exactly He stressed, howeveg, NSP's through the Atomic Energy i
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- me hen in vid al on
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'" U# " **" "I sumen.. commercial sstablish.
NSP contends that the Al-m nitoring program and on omic E n e r g y Commission.
ments, and industrial c mplexes future discussions about plant has jurisdiction, that the ca>c will not he sci-need the electricity we will tm operations-Tile STATE contends that~ tied b) next 3prmg when NSP abg to supply it.,,
Ewald mentioned that Dr.
plans to open the plant' Nil' A n-
- Action was also..mitiated at th.,, r:rnest Tsivoglou, the PCA the jurisdiction is with the is p a r e n t 1 y, howeser.
time because of a Sept.
consultant who drafted the Pollution C o n t r ol Agucy, cmdd seek an order from statutory deadline. A companion portion - of. the which has tougher standards vuurt to open the plant pend.
action will be filed in Buffalo' radioactivic's stated repeatedly than the A t o m 1c Energy ing settlement of the issue.
permit, ha that the Alonticello plant does not Commission.
The attorney general ob-per t for t e ton cel o constitute a hasard to the public Ilead said he expcets that ermi that m its complaint plant. Buffalo is the county seat health and that Dr. Tsivoglou whichever side loses on the Mit said it would cost the l
for Wngnt t;ounty, m which the confirmed the hmits established U.S. District Courtlevelwill company "benfal millions of plant is located.
by the Iraernational Commission take the case to the U.S. Cir dollars",m excess construe.
The t!ruted States Federal L
District Court in St. Paul will on Radiological Protection, on cuitCourtof Appeals.
tion - and operating costs to-which AEC standards are based.
compl3 with the state stand-determine "whether the State of g
g Ew a o said ht 'in al
$11 esota, acting through the predicted, an effort will be If t costs more to pcctect g
made to go befort the U.S* the public, llead said. ihis is Po lution Control Agency, has Supreme Court.
an economic burden that-la s or he d s harg f consideration of this permit b/,
radioactive effluents therefrom the hiinnesota authorities, there
!! cad said he would wel. must he carried.
or whether the Federal Govern. has been no authoritative, come other states into the lie also said he has recom.
ment, scting through the Atomic competent, scientific evidence case at the higher courtlev mendyd establishment of a presented which confirms-the el polluuon control committee Energy Commission,' has sole
"* ' ^" # E "
and exclusive jurisdiction over existence of any danger to the "There is involved in this public health or safety."
case a fundamentalissue as $",'jalgs
"$"d> Imnd.
these matters."
3 aid to the. relationship between "NSP is not attempting to the federal and state govern' chairmsn d e s e r i h e d the
. dictate," Ewald stressed in a state regulations as "arbt.
ments," he declared, trary, contradictn.y. anil am-IT IS probabth, he added. tngwus..."
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a States Power Co. (NSP) has be-defendants, and each of them,
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g.m Federal Court action to con-and any individual or agency Ewald said the PCA consul, continuity of supply during the test the radoactivity portion of purporting to act cn behalf of tant, Dr. Ernest Tsivoglou, a hot summer would be in serious the Minnesota Pollution Con *rol the State of Minnesota or the professor at Georgia Instlute jeopardy."
j Agency (PCA) permit for.NSP's Po!ution Control Agency from M Technokgy, in his report Sur 'y of electrical needs of Monticello nuclear power plant. attempting to enforce, by civil the umunity is the NSP re- -
State court action will be filed w cruninal action w o6ewise, to de PCA stated repeatedly _
4 that the power plant doesn't s,onsibility, Ewald said, "In the special conditions contained this case, however, we have in the permit relating to radio ceostitute a hasard to the pub-croceeded with substantial plan-later this week in district court lie nealth and he confirmed the at Baffalo. Minn. seeking relief acm wasks.
- "I #"* *""" #"d * "#
from the PCA permit. (Buffalo Ewald said that the mmpan reliability and adequacy of the Wcm en ma er limds established by the Inter-the existing regulations in ef-is the county seat for Wright ion state action to be filed later 4
county, in which the Monticello this week is a Notice of Appeal feet at the time, and now we n:tional Commissio Radio-NSP Board Chairman. Earl seeking relief "imm the ad. ja,je,l Protection...n on plant is located.1 find ourselves subjected to ar-i Ewald said NSF nas cooper-bltrary, conflictleg regulations Ewald. In an afternoon news. verso conditions and limitations ated with the PCA ani, tts con-without substantive showing -
conference Tuesday, said legal re!ating to radioacti,w wastes suhant, providing full detailed that this addikonal control has -
I action is "the only alternative which are contained m the per-information on the plant,' its been adequately considered or i
left u us." He emphasized that mit grantc1 by the Pollution operation objectives and its I8 ""**sary. This power plant -
the company will continue to co-Control Agency to NSP for its characteristics.
ir U
tlgtjad "Notw thstanding thesc E
stressed that "in all b
t I
operate with the PCA on the en. pgnt 3
ac varonmental monitoring pro-cause of a Sept. 2,1969 deadline months of work and coopera' of the mor.Ss of hearings and
- gram for the Monticello piant for ikg an appeal in state tion, ' he said. 'a perm:t has - testimony connected with - the and on tuture discussions about been issued which,s arbitrarily conside.ation M.61s perdt by i
court.
j plant operations.
Tha Monticello nuclear power.restrictlye,fective as a regula-the Minnesota authorities, therc and which is ccm'
, NSP has dihgently explxed pletely mer has been no authoritatin, com-with all parties every possi 1, plant, withh an ultimate capabil. tory specification for the power petent, scientif:e evidence pre-4 avenue of avoiding liiga$. ity of $45,000 kilowatts, is sched.
led for commercial operation plant operation."'
Sented which confirms the exis-but to vio a/ ail. Ewa s In May,1970. The nearly $100 Ewald listed - these specif.ic tence of any danger to the pub-We have submitted the permit points concerning the PCA per*
1,wald saic thant penetration S health or safety."
for study to nationally recogniz million plant is now neark g mit:
ed experts. All agree it is un' completion AbP recetvec a constnictior'
- 1. Portions of the permit are of new frontiers in environmen-workable. '
permit for the plant in June self contradictory and ambigu-tal standards in such a compli-The action filed Tuesday b) 1967 from the U.S. Atomic Erv ous, as has been pointed out - cated and highly technical sci-r NSP in United States Federal ergy Commissisn, the fedral by several: groups.
ence as nuclear power must District Court in St. Paul asks agency that licenns construe.
- 2. Some portions of the permit : be based on hard data and the court to determme whether tion and= operation of nuclear are simply beyond present tech-a step by step approach. Emo-the state of Menesota has juris power plants in the U.S.
nological capability to achieve. tionalism and lack of under-diction over nucicar p The PCA approved a permit These aspects aren't a matter standing have dragged the mat-plants and ra6,oactive dise,owernarg for the Monticello plant in May, of money.
ter out of ti a regulatory forum t
1 es from them or whether the 19ti9, encompassing both non ra-
- 3. The imposition of the PCA and into the streets. The result -
federal guvernment has exclu~ dioactive and radioactive dis-standards would diminish and is rig 21, unworkable permit j
sive jurisSetion.
- harges.
perhaps jeopardize safety fac-standarcs with which no one i
De.endants named in the ae-NSP's major objection to the tors and over all plant operation
' s utisfied."
i tion are the State of Minnesota. PCA permit revolves primarily by requiring frequent start ups-NSP reaffirmed its desire to the Minnesota Pollution Control
" technical limitations or shut-downs. NSP's ability to work closely withh the PCA and Agency, and Robert Tuveson, around asmciated with equiprnent oper. obtain the operating leermit re-its consultant toward common j
blufch J dt ve ation and measurements and quired from the AEC wduld goals for the operation of the I
c tow mon d. radioactive re-be jecoardized.lf the company Monticello.. plant.. N3P 'has,-
J. Cad!er M Lulck, M$s. ace Harris, Homer le. ses, and only secondarily due attempted ta adhere to PCAEwald said, put into effect the R. C. Nelson and F, Wayne Packa-d indvidually to the standards of actual liquid standards, enandcd environmental moni.
and as memkrs of the PCA and gaseous radioactiv releas-
- 4. The imposition of these tormg program set out in the es," Ewald said, standards would substantially. PCA permit for Monticello.
and John P. Badalich, executive director and secreta.y of the "Under normal operatlos, the reduce the tsefulness of the Data from this monitoring PCA p's nt will approximate the re. plant as a relikble power supply program will be furnished to The complaint asks for a lease limits outlined in the per-to the NSP systen and the t.ie PCA, its ::onsultant r.nd to judgment of the court:
mit in spite of the fact, in area and thus substantially de-the Minnesotta Depart;nent of i
"L Declaring that th( defend-many instances, - these -- lim f Preciate its.Nue.
Healthc NSP aso renewed its ants and any individual or agen-tts are 50 to one million times "It is essent'. -inat tht Mon-Mfer,- made at the Aug. It i-mum AEC limits," ba said. "Al 'Piaced.m,n u c I e a r more stringent thag the maxi. ticello plant be meeting of the PCA, to discuss cy purporting to act on behalf oneratica r. ext year plant operati,ons with the agen-of the State of Minnesota or th,e though we haven't aa yet oper if we are to serve the increased cy after sufficient operating ex-Pollutaon Control Agen lac.
authority to regulate plain 9fg ated -the plant, it -Is possible demand fg ebetricity which perience is obtained.
.to make this statement because will occur-next summer,"
(NSP) activities with respect to the PCA limits were developed. Ewald 'said. "The absence of.
< the 7nstruction and operation from - the plant design stand-curtailment of a half a'million of nuclear reactors and the d:.s-ards and we don't anticipate kilowatts - represented by t'ae
),
charge of radioactive wastes - tnat the operating levels wdl - Monticello plant would reduce 2.
ciaring that.all of the esihI its-he nserve capacb avanaMe special conditions contained in in the entire upper mtdwest l
the permit issued to NSP refat.
area to the point where t!w ing to radioactive wastes are -
j invalid and of no force or effect.
4
~..... -
TNE WALL STREET JOURNAL, THURSDAY, AUGUST 23, K 1 a,lution:
1re 1 uclear Reactors Safe?
Lion emanating from' television mets and other By Nr!!. L. CaNnM devices. But the fact that its radioactive MINNEAPOUS - How would you hke to wante ran't be measured preenely hardly re-itve dowT. stream and downwind of a large nu-ducca the fears of those who opPone the clear plant? What will its radioactive emis. Northern States power project sions do to the att you breathe and the water "We are deahng with a probabit!ty of rinks you drink?'
in human health and the entire environment, With 13 commercial' nuclear power plants navn Dr. Dean E. Ahrnhamann, ticiversity of now in operation in nine states, 48 othern Minnesota Professor of Anatomy and MCEI under construction and plans made to build 42 Chairman. "The risks to human health from more in the 1970s these que=tions are being chronic exposure to low doses of ionizing ra-asked incrcu m ly by penpc urnan th*
d4ation in the air and water are cancers, leu.
country. But r'owhcic p the inme of nuclear kemias, shortening of life, genetic changes pallWinn being ratacd en direcify and emo-and a host of lesser understood efftets. Some-tior. ally as it := bcre m Minnesota, body dies; we don't know why. No one may be killed directly, but just because we can t
,,t y,c,,13y, gg, t,,p,ny,,k,, gg, pc3 A Major Court Test
- "D "# # M Nnrthet n St ate
- P'wcr (h 1. buildmg a to set aside Its reatnettons for one year and 645 cm.kilnwr ranclear pnw er g enerating ar PoMm hesn1 wan E head call them " goals and guidennes." The PCA I**
hasn't yielded. "We are farther apart than Stumppi River near Monti-e power enmpany han maintamed from ever," says PCA Director John Badalich.
plant nn cello a m. c4 mihwcat tanc t.patreamt of the beginning that the Monticelln plant--one Earlier this month. Northern States Pow'r Mmncaped TS r it o e ns grnur=. afraid of three nuclear reactnrn annnunced for th, asked the PCA in met aside its restrictions for of pntnible ru lear polMinn have persua ded will nnt be a haanrd in public health area the M;rn m ta Pollution Contrni Agency and safety, it says nuclear power in the clean,
.one year and call them "gosta and guA*-
iPCAi in argo<e operatirg sundards on the g
m, n yg lmes? The PCA hasn't yielded. " Legal aetan plant tan are so Mr:ct that Northern States MN e-ele W wer productton.
is the only alternative left," says Mr. Ewald.
Pow aya n can t nye wnh them Northern States Power officials have aa.
Nenhern States Power, which wants to op-Liko %,nich.ing TV su red opposition to tne nuclear plant in re-erate imder more permtssive Atomic Energy Earl Ewald. chairman of the pnwer enm-cent months with a speaker *a bureau and Comnuss.cn (AEC1 standards, announced pany, says that the chance of anyone's health massive doses' of propaganda, but the com-
"uestay it will fight hmits imposed by the being damaged by plant releases nf inw level pany seems to have lost many stpporters. Ac.
PCA in bn h federal and state courts. Tne radioactivity is only one in E0 million, while cording to a University of Mmnesota environ.
company says the state agency imposes un-the likehhood of being struck by lightning in mental health expert, Prof. Donald E. Bar-nece:.sary arbitrary, a.4 contactmg regula-100 timea greater. He says people win get no ber, who sees no danger from the Monticella tions wh.ch suhtantiath reduce plant useful-more radiation from the Monticello plant than plant, the company's woes are compounded and c!nciency. The forthcoming court fro'm watching television an hour a day.
by the reluctance of scientists to step forward ness struggle is doubly significant because it wi;l The company also warns that the Montl*
to make their views known. A Minneapohn he the 11rst major test of whether staten or cello plant-scheduled to begin operating next newsman says many scientists are afrad of the Federal Government, through the Av.C.
May-la needed to prevent brownouts and becoming targets for the wrath MECCA gen-
, shou}d set safety standards for nuclear power power failures. "It is easential that the Mon
- erstes against those who side with the com-j plants, ticello nuclear plant be placed in operation pany.
Opposition to the Montweno plant has been next year it we are to serve the increased g g gg gg carried on primartly by two citizens' gicups, need for electricity which will occur next pgg gg gg,t WW lts m 6 The Minnesota Committee for Environmental summef, says Mr. Ewald.
gg,,,,This is a damned hot pohtteal issue."
Information OtCED,, enmposed mostly of Northern States Power's troubles with the says Lawrence Cohen,'a Minneapolis lawyer PCA began shortly after the agency was cre-and MECCA legal counsel. "It's getting ic the t.'niversny H Mmnrant a faculty members, ated by the state legislature in 1967. The com-point where people are going to say *We dan't trat raised the luuc by warning of the dan-gets of nuclear plant c'perations. An activist pany aske3 the PCA fu a permit to dlscharg,s want facts, we just don't want you screwin-non. radioactive wastes but not radioactive conservation group, Minneacta Environmen-up. We don't want to know how much or how emissions, assertmg that the AEC was the little you're going to screw up the environ-tal Control Citizens Association (MECCA!,
a le authority in that regard. But, as sniping ment. All we know is you're doing it and we then jumped into the fight, grabbing her.o-from scientists and worried citizens began.
want the right to say you can't.' "
lines with a Mother % Day march on the gov.
pressure mounted on PCA members (none of Many on both sides welcome a court etnor's mans'on pickettn; and a 154 car car.
whnm had technical expertise in nuclear mat-fight. The company is betting that court testi-avan to the Monticello plant site, su t E es C.
s vog ou, Geor a Ir -
"I" The efforts paid rich pohtical dividends.
winning over such top state pohtical fig-tute of Technology Professor of Sanitary En.
urcs as U.S. Sen. Walter Mondale. Gov. Har* gineering and former chlet of radiological
"* W E" nid f.evander, St. P.aul Maynr Thomas Byrne. water pollution control for the U.S. Public I
fnur U.S. Congressmen and at least 19 state Health Serv!ce' Prof. Tsivoglou recommendedy san ards an e sa%yM s an sa m 2 q
e legislators. Significantly, not one politician This March.
ey, y ur has publicly sided with the power company, that the PCA set radioactive emission stan-absurd and, quite frankly, I think we,11 win.
The nature r4 g.nution generated by a nu-dards far below the AEC levels, restricting The whole tenor of the country is law and clear power plant depends on the kind of re-discharges to the full extent technologically order. It's like maybe industry isn't being a actnr involved and us location. Fears of the feasible. He said emissions should be held to
- good, lawful citizen and the people do have Northern States reactor center on the fact the mlnimum levels the manufacturer. Cen-significant rights."
that its cochng system would release some eral Electric Co., said could be obtained from Nuclear power plants now supply about 1%
Inw level radioactive liquid waste into the its boilinmter reachr.
of the nation's power. In lo years they are en river, and same radioactive gaseous waste
,Thest 2*:
'umendations were put m terms pected to provide about one third of tha total.
woud escape into the air from its stacks. of a per -
nted by the PCA last May. The But it is clear from the trouble here that if MECCA widely advertises that this pollution ! permit.m ~. i levels of liquid and gaseous the nuclear power industry is to attain that would, among other things, disrupt biological dscharp e 4nual, weekly and daily aver.
goal, public confidence in the peaceful uses of 7.ythms, cause birth defects, and increase age bast n, forthern St:.tes Power says it the atom must be gained and firmly held. The 6
leukemia death rates among ch:Idren.
can't mee, ce permit's gaseous release stan-31onticello fight shows just how 'ough that job Unfortunately, such allegations can't yet dards and that plant modifications necessary may be.
be proved or disproved. The radioactivity of to comply would be, prohibitively expensive, nuclear plant waste discharges in so sught aa to be nearly indistinguishable from naturally occurring radioactivity from the sun and 5
earth minerals, as well as man.made radia.
__j
AT GOVERNORS' MEET
~
- Noithern btates l'nwer Co as buildmg a nu.
cicar power plant in our commtmity.The traffic of construction workers on Goodhuc Cct.nty Itoad 18 is cresung a real air pollution prcticm.
3 pq ay g g
g Qi g &
M y
w ; u, d The dust from the unpaved road is so thick it's 6
like being in a talinding snow storm Certainly the toimly or NSP should remedy this hazard m -g g
4 I
l ghMrs;11 ll.1 initic Island ne unh assistant engineer said By EltNll; til:llNANDEZ Sou're not chaggerating one :,it, llowever, the of PLo,r.ccr Press /k?
county does not feel it should spend addition.
al money on the portion of Ilwy,18 you mention.
Washington IIureau,/
I.p
- e %g. ICMM p
The coun;y h.is spent close to SC00MQ in con-4-
t COLORADO SPRINGS -
A major ba tie is shapmg up betwe7n Northem structing two new bridges to fac!!itate traffic to The Sahaal G c s. e r n o r s.
ta es Power ompany and the Minnesota Pollu-the nuclear plant. There's also the possibility of U.S. IIwy, 61 beln; relocated alon;; the route of Conference,NGC) will be
' on C'ontrol A@neY over pollution standards at
- 18. This study won't be comp!cted until Novem.
asked Wedanday to chal-NSP's new Monticello plant. The standards gov-ber. In the meantime the Goodhue County com.
lenge the Atomic Energy ening disposal of nuclect waste by tl'c PCA are missioners think that NSP should bear the cost Commiss.an's escWsive right to set safety stancards on re-more stringent than standards of the Atomic of blacktopping 18, at least from I/ S. liwy, ci to Coactive potut:en-Energy Commission. NSP proposes the plant go hg[g'eston An uswer is expected ! rom l
Gov. Harold LeVander iaid into operation in May under the Atomic Energy Monday his proposal willbe Commission standards, monitoring the radio-active releases for a year to see if they are not UTluTIES c
tt e on na on I acceptable. NSP claims the present PCA regulan sources environmental man, a g e m e n t and ai;ricu:ture, tions would require frequent shutdowns, : ini:ng' The Customers Tc!k Back Public mihty compames hae pr.ded headed by Gov.Wtulam Guy dependable operation of the plant. State Senator of North Dakcta.
Wendell R. Anderson is opposing NSP's efforts itemselyes for > cars on,their c ben >
and their friendly rcLuons with the:r Guy said the committee's and has asked the PCA to " hold the line against idered de sda)t NSP." He believes the state standards should be
'""[u"$ Ie* M'7$"or' "d'
ae even more restrictive, uce, and often oser both at once. At last day of the conference.
least a dozen utilities from Pennghania NSP president, Robert H. Engels, said, "We to California hase recently apphed fcr h LeVcnder spent, much of seem to be in agreement that the plant, as de-permission to rane their charget If s t:me Monday eformin:
granted. the increases could add nearly lus fe:loy hy.ynors of.t.
s ned, will not endanger the health and safety of W m m.m to n gas aM electric gove.
s plan. L rmal loner kP blic. We believe our obiectives are the same bilh. Such moses normally stir up only J
was pra;am tor presenta. and we may be talking only about technical de-routine opposition. but this year U.S.
tion to tacm today.
tails." NSP has until September 2nd to decide consumers are unp:aying an increasing whether to appeal the pernut to the Minnesota choler over the cost and condition of Tne st te cf Menesotalast week was sud by theNorth, all kinds fg as and services.
crn States P;wer Co. over state courts, Nowhere have the sounds of outrage been heard more frequently than in
[a,Pcb. ! the M Before the dispute is settled there will likely New York, City, where giant C onwl-
.. -.. x..a C ntrol ncY
- h. ]. $ :#, 5.
.Q8' be more political radiation than nuclear.
idated Edison Co. has blarned conser-3 EP "
N" bricter t"*n t$b of t b5'C*
plans for its ci:heulties in meetm; grow.
I ing demands for electric power Occ EN-Last May, the PCAissued vmoNMNT). Last week conWmer wrath its first cperating permit to a fell in ulm st equal rneaure n the c.;: lear power p! ant for the
.at the company, and said New York Telephone Co., second larg-company's fa:!hty being con
- that "any company operating est m the fleil Sptem. At a hearing structed at Dnticano, Minn-in Minnesota should have the called by the State Public Service Com,
The permit wasissued aft.
ri;;ht to know'under which set missi n t investig te complaints of poor er 10 a~ and. stormy hetriaa3-of ru,,les it will be forced to service, witnesses railed about everythm; at wh"ich citizens demanded a give.
from M.a aattani grossly oscricaded of rad:,ing zero emis-But he was "more than up-Plaza 8 exchange to pay telephones in allow perm:t cactive waste.
set " he said, by the attitude which the orfy working parts seem to s en The PCA atowed as much as of the AEC and "its insist-be the coin slots. William Payson, pres-ence that states should t ot be iden', of the adsettising tirm of Avery.
. per cent.
~ allgwed to improve upon Hand & Co., said that two of his com-
"I am proud of tne f act that their standards "
pany's lines were apparently disconnect, the MonticeU0 permit wiU ed by mistake and were still not re-provide the highest deg ce of He suggested the ASC "at.
paired after a mon:h despite daily calh pictection that has yet been tempt to repair its own required of any commercial l house" and that the AEC to telephone company offices. To call at-nuclear power plant in the ! standards, in effect for many tention to its plight, his company bought
$5,900 worth of space in the New York U n i t e d States." said Le-years, could use some tight.
Timn, offering a prize to whoever could
- Vander, enjng.
guess "the exact date and time when But the ccmpany sued the AEC itsc!f linot a party to Unes., York Telephone reconnects our New state in federal and state the court suits. But Le-Withm hours the lines were re-courts, c h a 1i e n g in g the Vande said he considers the st red, w apd @ ft m a phone state's authority to require a suits a " test case" which c rnPany vice president, permit more restrictive than may go eventually to the U.S.
AEC standards.
Supreme Court because of LeVander took no offense theirin:portance.
m E
E lh v d N[
[{,, g, g $ q.y.C""T@k;@y
<.' 7 Uf If you liko mehrcto wilderness arcas or fr.Irly untcached river t
)
gig p 4 country for any of a duca rusons, yif - (,
, J l M.4M iia *'D 9
chances are you should check into
~ ]y !=j
.d the uppor St. Croix river valley if l p ea gl..( Mg'l'h A fc.triy largo numb:r of camp-i Glt W hav:n't already..
s
,l d
s W
ers, tourists, anScrs and canoers Q' &
I* 7 l* '
wore evident Sunday afternoon t
A ataens paap todav of.
when we checked the river out by fered its f all support and f a-alr from east of Pino Citw to the jkyh* bb i
ciities to Alts. Gen Douglas area 5 miles seeth of Superior, k.d m his detense of a suit
- Wis, g g 4 y ba g 7M Gov. liain!d LeVander is fi.ed a:amst the Mmnesota Ronang ons of Con N ordan-mem; plans to ask support P,#.h; tun C o n t r o 1 Agency stroms Cessna Ws at the Mora from other states m Minneso-f A i by the N o r t h e r n airport, Dennis Klapmeler and this tis fcht over "
n..es Pow qr Ca.
writer flew up the St. Croix valley O
The board of the Mmnewta which we hadn't seen for a few radio a e t i V c Em :ronmental Control Cith
- years, 0*"*
rens Associamn i MECCA)
Northern States Power current-cl m une@ v at a meetm; Wednesday ly holds mill rights to some 50 aa:J acud la draft a letter to miles of shoreline of the upper St.
ing plants.
,G' licai Mferm;* h:m its ic;al, Croix which it wants to donate to beVander!
.w n.cM and setent;fic as.
the Interior Department for recre-wt!! be at the 7
)
.u ne in the court action ation use.
N6.honal G o V-s
(
wi.wh ch.'..cnges the state's Whether NSP cr the covernment emars Confer i j
or the states hold control ever the once m Colora L._._.J only state involved !n the spe-a..',m.!y te regulate nuclear p,, c p:3nts area, seems Immatarial, it's a big do S p r i n ;; s LeVander cific case under c;nsidera L'CCA oppased u;;omusly area and good really for on;y one kom Sund y ur.til Thursday, t.on, he added. the finaldeci-hu. n.ccesm3 a perm i funct, ion - recreation and hunting s;ca - which may come from tssved to inc N5 Monticello and fishing, f.tarketable timber in Northern States i,nwer Co.
the U.S. Supreme Court citer nudcar nower plant re;ubt..
the region appears to be non-exist, has (61ed a ut m U S. Dis-appea!s, ccu!4 Clso f ect inct Court and the case ij n; C.c he; ease C radio ac-
'"D. water power for power gen-in e - %tants ima the M15 eration is protty dead these days bemg fou;nt by the state m sissip R.ve* The 550 mega.
on marginal straams.
Mmnesota. t h r o a g h Att).
THE ISSL,E is whether ontde lo plant is 30 We are happy to see the public Gen. Donlas Head.
states can set stricter stan-wa$'$ $' orth cI the Twin Ci-t using the water for rearcation and dards than those of the Atem-m gg ic Energy Commissicn.
unlike a number of scaremongers, 8
ECCA's letter' s ned b we can't see that the region is in standards set by the state At the national conference.
S jeopardy except from too many Pollution C o n t r o l Agency LeVander will seek moral
- R N ul E campers and i urists who will
, should rc:;ulate discharge of support from other states.
s om' ate the st a c"i-Pres' dent o probably inundate the area some-radmactive waste from the Head said ear 1W that he wide assactation, not only of-day leaving litter in their wake.
NSP plant at Monticello.
fered the spec;al know; edge When that happens, enterprising NSP maintains that stand-tion of other states when the of its broad members to campers will rherety move on to ards of the U.S. Atomic Encr-case gets out of U.S. District Head but urged him la carry some other region. There's a lot Commission should pre-Court.
his f:;ht in the U.S. Supreme of room on the upper St. Croix, EY.l.
Court it necessarv.
not too many roads and virtually vai Whichever side loses at the Distnet Court level. Head Inch.ded on the MECCA no commercial development of any Ti!E STATE standards are said, will probably appeal to board are foat lawyers. three
- type, stricter, according to state the U.S. Circuit Court et Ap-preresscrs c! 7colo;y. biology When the canocr and angler de-offels' and chemts ty and other per-part from these pine and hard-peals. From the C i r c u i t sans with Icchnical and scien-wooJ-clad sandylands and gentle I.eVander said be feels that Court. the case could go the t!!ic-hack; rounds that could hills of the St. Croix and Nameka*
AEC.has supported NSP and U.S. Supreme Courtf be M awistance to llead gon, late this summer, the land can has ur;;cd.NSP to bring the Before going to the ccnfer.
Russel Hathrq. board mem.
breathe easy for only a short time.
case before the courts "be-ence Sunday morning. Le-bcr. said today.
It s probably great grouse and cause th AEC wants to pro-Vander will attend the funer-MECCA is ni:1 op;med to her hunting country and after the ten its presumed preemin-al cf former U.S. Se" Ud-tre permit ;; ranted to NSp winter freezeup, a first rate play-ence in this field." Robert ward J
"'h e in NorA': eld r he sn obile crow the operation 0; tne Monticel.
{und Hinkley, the governor's news The funeral is Saturdh aftI ticello plant ano will help de-secretary, said today.
ce is prMy n much fu n ernoom fend the right of tne PAC to whipping up its lightly wooded val-11is the governor's thought.
set higher standards fcr the ley in a pune.
Hmklev added, that if the contrci of nuclear wastes Area campers and vacationers states 'en masse or at least than the federal government.
are really quite lucky - here's a a substantial n u m b a r of "The federal government,s big saml-wilderness region right at states. make their feelmas standard are minimums, our back door wMh lots of elbow known on the matter,it wtil Hatiing said.,,Certainly the room - and mosquitoes.
hase an irrpact on Congress state has a ri::ht to set stiffer From the air, St. Croix State and perhaps on the AEC.
standardt Park already had a fair share of
..This is a pionee The stardards of the PAC campers and tourists in camps and far as we know,..r case, asHinkley permit are more rigid than on the rivers and tributaries. Wa-those of tne federal Atomic ter is clean in the arca-the river said.
Energy Ccmmission AEC).
bottoms sandy and it !coks like al-Althou;;h Mmnesota is the in the sut NSP seeks to de.
most every bend woud make an termme which agency. the inviting swimming hole, i
PCA of the state or the feder-al AEC, has jurisdiction over the Monticello olant.
7 1