ML20129J571

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Requests That Commission Reconsider 961018 Memorandum & Order CLI-96-10 Allowing Us Enrichment Corp to Operate Gaseous Diffusion Plants & Finding of No Significant Impact & Review 961003 Petition & 961004 Amend for Listed Reasons
ML20129J571
Person / Time
Site: Portsmouth Gaseous Diffusion Plant, Paducah Gaseous Diffusion Plant
Issue date: 10/24/1996
From: Salisbury D
AFFILIATION NOT ASSIGNED
To: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
References
CON-#496-18016 CLI-96-10, NUDOCS 9611070015
Download: ML20129J571 (23)


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os Nuclear Regulatory Commission Shirley Ann Jackson. Chairman. ET. AL.

4 Washington. D.C. 20555-0001 D

October 24. 1996 11 In the Matter of

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DOCKET NO.(S>

MEMORANDUM AND ORDER.

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70-7001/7uG2

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U.S. ENRICHMENT CORPORATION CL1-96-lu

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(Paducah. Kentucky and Piketon.

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Ohio). CLI-96-10

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Receipt of Memorandum and Order in the above-referenced matter by me on October 23. 1996 requires immediate response to the Nuclear Regulatory Commission.

I submit the following:

1.

Denial of eligibility status of petitioners oy tne Commission to seek review on the Nuclear Regulatory Commission e rindings published in tederal register notice at September 19. 1996. Docket No.(s) 70-7001: 70-700e.

Notice or Certification Decision for U.S. Enrienment Corporation To Operate Gaseous Difrusion Plants ana Finalna or No Significant Impact. FR/Vol. 61. No. 165. pp 49000-49362 puolished in Memorandum and Order CL1-9o-10. servea on October 16. 1996 is cased upon "tallure to meet tne conditions.

. tor the tiling of a petition for review.'

Tne Commission's determination is based upon terms set tortn in 10 C.F.R. Section 76.62 (c).

The Commission appears to nave set torth terms of administrative procedure tnat exceed its authority: the pre-emption or rederal laws governing tne rignts or interested parties and citizens trom participation.

I refer to APA Section 553 (e) wnten states that "any" citizen or " interested person" nas tne rignt to petition tor the lesuance. amendment. or repeal of a rule.

The actions of the Commission in this matter appear to oe inconsistent with its own reluctance to act outslae regulatory or statutory autnority in otner matters as in:

August 29. 1996 response by Chairman. Shirley Jackson to July 2. 1996 request for technical assistance submittea by Carl Lischeske. Manager of the Low-Level Radioactive Waste Program for the California Department of Healtn Services (DHS).

Chairman Jackson clearly acknowledges limitations to NRC autnority to interpret and implement federal level laws in other matters.

It would also seem reasonaone ana appropriate to assume that the Commission would oe requirea to implement rederal level laws consistent with letter.

Intent, and interpretation.

9611070015 961024

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Your suggestion that NRC advise DOI that the

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aevelopment of Ward Valley is strictly witnin the purview or the NRC and its Agreement States i

does not take into account the tact tnat NRC authority ano expertise to interpret and implement tne AEA (Atomic Energy Act) and tne LLRWPA (Low-Level Racioactive Waste Policy Act) aoes not extena j

to Federal law on public land transter.

Consequently j

we have taken no position on DOI legal autnority in tnis regard.

(LLWNOTES Volume 11. Numoer 6. Auguste September 1996. "NRC Chairman:

No NRC Authority re Land Transter."

p.

5.)

Would the Commission please cite the statute of feceral law j

which provides authority to the Commission to preclude any i

person. interested party. and/ or c i t i zen f rom f u l l participation in agency findings publicly noted in tne federal register.

]

l 2.

NRC Memorandum and Order CLI-96-10 of October 16, 1996 is contradictory to NRC Notice of September 19. 199b wnten was mailed directly by the NRC to me with the rollowing:

TO:

All persons Interested in Certli1 cation or Safe i

Operation or Gaseous Diffusion Plants (Attacnment wi>

lt hardly seems consistent or logical for the NRC to provice mail notice to interested parties or opportunity to petition and to later cetermine that the level of interest is not surficient to require agency response unen the ragnt to petition tne Commission is exercisea.

3.

Commission criteria or submission eitner oral or written comment to NRC auring certitication proceedings. as stateo previously, appears to lack I'ull implementation ot riants granted in tederal law.

However, even by the Commission s limited interpretation in Memoranaum ana Final Order CL1-96-10. NkC received written comment from me regaraino NRC Finding of No Significant Impact (FONSI) in 1994 oy tax and mail on transfer from U.S. Department of Energy (DOE >

l overs 19nt to NRC overeignt wnich is the basis tor all otner NRC actions in the above-referenced matter.

(Enclosure #2>

l My interest in this matter can also be documentea oy my l

receipt or comments made by DOE from the NRC document contractor. Peter M. Coons Company sent to me on June 15.

1994.

Please note that payment for the requested accuments was made by me personally which indicates a level of l

Personal interest by financial investment or my own.

(Enclosure #3) i i

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Please also noce that comments were suomittea by me to NkG on Envicciimental Review for Renewal or Operating Licenses ror Nuclear Power Plants. 56 C.F.R. 4701o, accketea oy-NkC as comment numoers 137 and'130.

(Enclosure #4>

It'naraly seems reasonable or logical ror the NRC to ceny status or a petitioner laentirlea oy tne NRC as an interestea party wno nas suomittea comments on the supporting accument for aoency action (F0NSI> rererenced above. and on agency actions wnicn alrectly and Indirectly arrect production operations or the Portsmouth Gaseous Dlifusion Plant.

Certliication and finding of No Significant Impact (FONSI) of the Compliance plan prepared by DOE and submitted by USEC represent actions on the TOTAL CERTIFICATION PROCESS OF THE TWO GASEOUS DIFFUSION PLANTS (emphasis added).

Also Commission requirement that interested parties attena specific nearings and submit comments on SPECIFIC ACT10N6 ONLY in the total certification process woula appear to imply that the Commission nas allocated funding to assist interested parties in meeting agency requirements.

Does tne agency have runalng availaole to assist interested parties in travel expenses to attend required meetings. travel to public accument rooms and obtain copies requirea tor well-constaered written comment?

The Portsmouth NkC Puosic Reaaing Room (PRD; 1s located some 60 miles travel, a alstance somewhat rarther than the Ec-smouth Gaseous Dirrusion Plant located in Piketon. 3:ke County or unto.

4.

USEC submitted initial certification application to NRC on April Id. 1995 witn requests for public comment.

Upon receipt or letter or May 5.

1995 trom NRC indicating that tne initial application did not contain enougn information to accress C.F.H. Part 7o. I contacted USEC oy both mali ano telepnone requesting more detailed information at my own expense in orcer to De able to orter inrormea comment to NRC.

I receivea no Antormation from USEC otner tnan written response tnat no information would be provicea to me.

Spectric requirements of prior participation or agency actions would seem to require considerable cumulative expense and time by interested parties to avoid exclusion from participation and pre-emption of legal rignts by tne Commission as reterenced in CLI-96-10.

5.

Commission Memorandum and Order ot October 18. 199o.

CLI-91-10 states:

"USEC or any person wnose interest may oe arrected.

.were eligible to file a petition witn tne Commission within 15 days after publication or tne Director *e decision."

Since United States Enrienment l

Corporation is backed by United States Treasury Bonas ANY i

PERSON WHOSE INTEREST MAY BE AFFECTED (emphasis acaea; wousa e

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e include both citizens or the United States and taxpayers of i

the Uniteo States.

Evidence or citizenship and illina or income tax returns can be provided to the Commission tor veritication. It requested. to substantiate my status as a quailtled petitioner in both respects above-referencea.

Please note tnat " letter dated October S. 1996. Diana Salisoury" was sent via the United States Postal Service.

priority mail GN OCTOBER 3.

1996 (emphasis added) trom cne Sarcinia. Onlo post office.

Customary priority mall i

celivery time trom the Sardinia post office to Wasnington, D.C.

is next day or two day delivery.

Amenament to petition of October 4.

1996 was sent via priority mall on Octooer 4.

1996 to the Commission from the post office locatea in Georgetown. Ohio with customary delivery of next day or two day delivery.

NRC docketing time procedures are not known l

to me.

Mrs. Colley's petition dated September 30. 1996 was docketed on October 4.

1996 which would indicate tour cay mail and docketing time.

Mark Donnam and Kristi Hanson submittec a petition dated October 2.

1996 which was i

docketed on October 9.

1996 which indicates a seven cay i

cocketing time.

Docketing time on my corresponcence ot October 3.

1996 and October 4.

1996 indicates accketing time or four and five days respectively.

It is also my understanding that if information directed to l

a federal agency during federal register notice anc response l

period contains significant data, appropriate agency l

response is required.

5.

NRC threshold matters addressed as Petitioners-Eligibility to Petition for. Review states the "USEC or any I

person whose interest may be affected." as one category AND emphasis aaded "who had submitted comments in response to prior teceral register notice under 10 C.F.R. Section 76.57.

l or proviaed oral comments at an NRC meeting hela on tne application or compliance plan under 10 C.F.R. Section 76.39." as a second category for elicibility.

The grammatical structure or two categories for riont to l

petition, set ott by commas. Consistent with proper i

grammatical structure uses tne plural vero "are" eligione to rile.

It woula appear that NRC has created two categories or eligiollity by its specific wording.

Any person unose interest might affected has been stated by the Commission as applying to USEC.

j 6.

It is my understanding that USEC MAY (EMPHASIS ADLEL> oe sub. lect to Price-Anderson Act which provices suoslay witn I

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l teceral collars tor insurance.

Any person wnose interest MAY (empnasts acced) De afrected. in my bellet, wouid apply to U.S.

taxpayers who provide the source or receral runas.

7.

The United States Department of Energy (DOE > has historically laentifled health and environmental impacts to residents witnin a rifty mile radius of tne two Gaseous i

Ditrusion Plants as directly affected parties.

Under

" Summary Or Calculated Doses and Healtn Eriects." rrom HISTORICAL RADIONUCLIDE RELEASES FROM CURRENT DOE FACILITIES of May 1988. OR-890. radiation dose is calculatea to aue i

erfluents and background.

Much discussion concerning whether measurement should calculated in road miles versus air miles and whether measurement should begin trom center of the facility versus outside boundaries or racility in question has historically occurred regarding DOE and tormer DOE sites.

Regardless of-method of calculation and assuming measurement to be by the most limited detinition or titty road miles taken from the center of.the facility, my nome is located well within the fifty mile radius derined by DOE to 1

be directly affected by emissions from the Portsmoutn Gaseous Dirrusion Plant racility in Piketon Ohio.

(Section of map. Source:

Ohio Department of Transportation, witn scale in road miles provided. enclosure #5)

DOE uses tne same 50 mile radius to define directly arfected populations l

in August 1995. DRAFT WASTE MANAGEMENT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. DOE /EIS-0200-D.

j As a resident living within 50 miles or operations or tne Portsmoutn GDP. I am a person whose interests may oe artectea by certification of.USEC oy NRC ana finding or No Signiricant Impact concerning the compliance pian suomattea oy USEC.

Most. out not ali residents, living along Straignt Creen (markea ror cererence on map enclosure #5) are witnin a tarty mile radius of tne Portsmouth GDP wn11e all resiaents living along Sycamore Run are within the titty mile raalus.

6.

As an interested party in the preservation of Great Serpent Mound in Adams County ot Ohio. my interests MAi (empnasis acced) be ariected. directly and incirectly, oy the Commission's approval of the compliance plan ana Fincing of No Signlilcant Impact in the above-referenced matter.

It l

would appear that by ramily line or descent trom previous l

private " owners" of Great Serpent Mound. I also nave an interest.

For the above-listed reasons, and witn appropriate I

consideration for full public participation in Commission I

proceedings. I respectfully request that the Commission reconsider its Memorandum and Order ot Octooer 16. 1990.

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l CLI-96-10 and review the petition or October 3.

1996 ano amendment of Octooer 4.

1996.

Respectfully submitted.

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u ia Salisoury 7019 Ashridge Arnheim Road Sardinia. Onlo 45171 (513) 446-3135 telephone and fax cc:

United States Civil Rignts Commission Otrice or tne Ohio Attorney General Attacnments enclosed i

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Delivered tnis 24tn day of Octooer by racsimile transmission to the Nuclear Regulatory Commission. Washington.

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Oitice of tne Director. (501) 415-7192 telepnone. (601>

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All Persons Interested in Certification of Safe Operation of Gaseous Diffusion Enrichment Plants

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SUBJECT:

ISSUANCE OF INITIAL CERTIFICATION DECISION l

FOR.GASE0US DIFFUSION ENRICHMENT PLANTS l

In accordance with the Energy Policy Act of 1992, the Nuclear Regulatory l

Commission (NRC) has issued its initial certification decision for the United l

States Enrichment Corporation to operate the two gaseous diffusion plants located near Paducah, Kentucky, and Piketon, Ohio.

The NRC intends to assume regulatory jurisdiction over these plants from the Department of Energy (D0E) on March 3,1997, after a transition period.

During this period DOE will retain oversight of the plants.

Enclosed is a copy of the Federal Reaister Notice containing the certification decision, and describing the opportunity for certain persons who provided 1

l comments to NRC during the certification process to submit a petition for Commission review of the decision.

Any petitions must be submitted within 15 days of publication of the Federal Reaister Notice.

Copies of the proposed Certificates of Compliance and supporting documentation are available in the Commission's Public Document Room in Washington, D.C.,

and the Local Public Documents Rooms in Paducah, Kentucky and Portsmouth, Ohio.

Unless the Commission grants any petition or otherwise acts within 60 days of publ,ication of the Federal Reaister Notice, the certification decision will become effective and final.

Questions may be directed to the NRC Enrichment Branch in Washington, DC at (301) 415-7192.

Sincerely.

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0lJohnW.N. Hickey,Chie Enrichment Branch Division of Fuel Cycle Safety and Safeguards l

Enclosure:

Federal Reaister Notice l

Docket Nos. 70-7001 & 70-7002 l

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Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission 2

Washington, D.C.

20555 ATTN: Docketing and Service Branch

Dear Secretary Chilk:

Enclosed are the Department of Energy's comments on the Proposed 10CFR76, Regulation of Gaseous Diffusion Enrichment Plants. We have provided general comments on the Supplementary Information in 4

addition to proposed text changes in the rule.

Text changes are j

provided by section including the current text, proposed text, and the justification for the proposed change.

4 If you have any questions regarding these comments, please contact Dr. Norton Haberman, Acting Director, Office of Uranium Programs, 4

at 301 903-4321.

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Daniel A. Dre Acting Director Office of Nuclear ergy Enclosure 9404150135 940412 59 6792 PDR g

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SEPTEMBER 12, 1994 TO:

JAN STRASMA PUBLIC INFORMATION OFFICE NUCLEAR REGULATORY COMMISSION FROM:

DIANA SALISBURY RE:

NRC MEETING OF SEPTEMBER 13, 1994 WITH SHERWOOD BAUMAN AT REGION 3 0FFICE DEAR MR. STRASMA:

THANK YOU FOR YOUR ASSISTANCE IN DELIVERiNo. Y OUESTIR!S/

M COMMENTS TO BE CONSIDERED AND, HOPEFULLY, ADDRESSED hr DURING THE AGENCY'S MEETING WITH MR. BAUMAN.

l 1 CERELY,

. DIANA SALISBUR (513) 446-2763 Telephone and Fax I

e

September 12, 1994 NRC Regional Office Chicago, Ill.

Attention:

Sherwood Bauman SAVE THE WILLS CREEK WATER RESOURCES COMMITTEE CUMBERLAND, OHIO (614) 638-CLAY Re:

Questions / Suspicions / Site & Policy Concerns regarding

)

Nuclear Regulatory Commission policies and practices in Ohio i

POLICY / SITE CONCERNS:

1.

What are the NRC's standards to protect worker and public health and safety in terms of allowable yearly dose exposure?

2.

Why did the NRC set 25/ REM as the allowable yearly

(?) exposure at the Portsmouth Gaseous Diffusion Plant in Piketon in 10CFR76?

3.

What mechanism (s) does the NRC have for enforcement for sites it supervises when those sites are found to exceed standards (5/ REM) normally required to protect the public health and safety?

i 4.

What is the monitoring policy of the NRC for sites it supervises to insure that compliance is being met and that worker /public health and safety is being protected?

5.

What funding is available for clean up of sites found to be out of compliance and threaten the public health and l

safety?

6.

What is the NRC's " track record" in Ob'o for sites it is responsible for monitoring, including ChemTron near Cleveland, and Cyprus Foote Metal / Shields Metal Alloy in Cambridge, Ohio?

7.

Other than Congressional mandate to do so, what evidence has the NRC provided by past record to show that the protection of worker /public health and safety will be served by transfer of authority to NRC at the Portsmouth Gaseous Diffusion Plant.

Diana Salisbury page 2, September 12, 1994 8.

What standards does the NRC plan to " enforce" at the Portsmouth site considering that the Department of Energy has authority by Memorandum of Understanding between the two agencies to rewrite standards based upon WHATEVER CONDITIONS ACTUALLY EKIST ON SITE, THEREBY MAKING COMPLI ANCE WHATEVER CONDITIONS ACTUALLY EXIST (emphasis added).

9.

Does the Hazardous Waste Facility Board in Ohio retain authority independent of the Ohio EPA after authority is transferred to NRC at the Portsmouth site?

10. DOES THE TRANSFER OF AUTHORITY TO NRC AT THE PORTSMOUTH SITE REPRESENT THE " SOLUTION" 0F THE DEPARTMENT OF ENERGY TO ITS LOW /HIGH LEVEL RADIOACTIVE WASTE DISPOSAL AT FORMER MILITARY PRODUCTION SITES ACROSS THE NATION (emphaels added)?

Are Portsmouth/Paducah/ Savannah River merely the first three sites in this process?

(please see enclosure

  1. 1)
11. Does the NRC concur that Ohio should become a designated state with Ohio EPA as the lead agency?

What policy changes would result from this designation?

What funding changes to Ohio EPA would result?

j

12. What le the NRC's estimate of cost of clean up of contaminated sites it presently " oversees" in Ohio?
13. What procedures has the NRC taken to respond to health and safety concerns from citizens in proximity of these sites?

Does the NRC have a TOLL FREE HOTLINE, EMERGENCY RESPONSE TEAM, STAFF AVAILABLE TO COLLECT SAMPLES OF SOIL, AIR, WATER, AND/OR CONTAMINATED MATERIALS OR DOCUMENTS / FILES READILY ACCESSIBLE TO THESE CITIZENS (emphasis added)?

14. What procedures / policies does the NRC have in place for appeals by citizens when concerns are not satisfactorily resolved by the NRC?
15. What practices are used by the NRC to assure that citizens are not denied access by lack of financial means for long distance telephone calls, document / file copying costs, lack of documents available locally, and attorney /

court costs?

Does NRC practice currently deny access to economically disadvantaged communities?

How le the NRC complying with Civil Rights Act, Community Right to Know Act, and Freedom of Information Act?

16. If the NRC le truly interested in public participation, why was the comment period on 10CFR76 noted only in the l

Federal Registry in spite of attempts by Mr. Bauman and

Diana Salisbury page 3, September 12, 1994 others to have the comment period reopened?

Other than l

assuring that licensing authority transfer to NRC remained on schedule, what purposes were served by refusal to reopen this comment period?

17. What former actions / enforcement can the NRC cite to show its concern for worker /public health and safety in Ohio from sites it presently oversees in Ohio?
18. Considering the NRC's interest in the continued generation of commercial radioactive waste, particularly by the nuclear power industry, how can the public have confidence in the NRC to protect the public?
19. What interest does the nuclear power generators in the state of Loulslana have in the transfer of licensing of the Portsmouth/Paducah sites to NRC oversight?
20. Why is the NRC using the 25/ REM dose standard for siting a reactor in 10CFR76?

Does the NRC plan to site a reactor?

21. How many low level radioactive waste disposal facilities l

are actually needed nationally by the generators in the l

entire nation?

Is Midwest Compact's facility actually being presented to the people of this state as a solution to a regional problem, while in fact Ohlo is to host one of three or four dumps for the entire nation's radioactive waste crisis, including the sites operated under the DOE for tne past 40 years?

22. Where on a map, has the NRC made inquiries / feasibility studies as to locating /bullding/ operating a radioactive cump for Midwest Compact / private commercial operators /former DOE l

sites?

{

23. Has the NRC any information on possible site locations j

for a radioactive waste disposal site in Franklin Township of Brown County, specifically on or property owned by Diana Salisbury / Robert I. Cahall/Vernon Creighton/Ida Huck near County Road 17/Fite Hauck Road /Alex Shaw Road / Tom Shaw Road /and/or, a mythical road, Stivers Road?

24.

Does the NRC have any knowledge of/ files / inquiries in regard to the feasibility of storage of radioactive waste from the Portsmouth Gaseous Diffusion Plant formerly operated by the Department of Energy (waste prior to date or transfer of licensing in 1993) or waste generated under the operation of U.S. Government Enrichment Corporation ON OR NEAR THE SITE OF THE PORTSMOUTH GASEOUS DIFFUSION PLANT (emphasis added)?

)

~

Diana Salisbury page 4, September 12, 1994 SPECIFIC CONCERNS OF NRC INTEREST / PLANS FOR RURAL SOUTHERN OHIO:

l 1.

Why did the NRC contact the Ohio Historical Society /

Ohio State Preservation Office in regard to historical cultural, archaeological resources in Southern Ohio?

What specific sites were of concern to the NRC in this inquiry?

2.

Did the NRC make specific inquiry from these e.wo agencies in regard to Serpent Mound in Adams County?

3.

Has the NRC conducted inquiry of these two agencies in regard to locations in Brown County, Ohio?

What were the findings of the Ohio Historical Society /0hio

]

Preservation Office in regard to such Inquiries?

j 4.

What specific locations, marked on a map, in Brown County, Ohio has the NRC requested be evaluated as significant historic, cultural, or archaeological resources?

5.

What specific correspondence / documents / future plans does the NRC have in regard to Waynoka Utilities, Inc., Waynoka Regional Water and Sewer District /or any other entity in l

Brown County, Ohio?

(Timothy D. O'Farrell, ager.t/ regional manager, i Waynoka Drive, Sardinia, Ohio 45171 probable contact) 6.

What files / documents / correspondence / memos are in the NRC public record from the following agencies concerning future plans for " growth and development" in rural Southern Ohio, particularly in Brown, Adams, Pike, and Highland Countles?

Ohio Department of Natural Resources Division cf Water Division of Dams and Mining Division of Realty and Land Management Division of Natural Areas and Preserves Division of 011 and Gas Division of Geological Survey Fountain Square Columbus, Ohio 43224 i

Jane Harf, Deputy Director Ohio Environmental Protection Agency l

Office of Low Level Radioactive Waste 1800 Watermark Drive Columbus, Ohio 43215

l l

Diana Salisbury l

page 5, September 12, 1994 Jeffery Spencer, Executive Director Anita L. Sommers Ohio Valley Resource and Development Commission 740 Second Street Room 102 l

Portsmouth, Ohio 45662-4088 Roger L. Suppes Midwest Compact Commissioner Ohio State Board of Health 246 North High Street Columbus, Ohio 43266-0118 Timothy D. O'Farrell Waynoka Utilities, Inc.

One Waynoka Drive Sardinia, Ohio 45171 1

Public Utilities Commission of Ohio 180 East Broad Street Columbus, Ohio 43215-3793 i

Martha Potter Otto Ohio Historical Society 1982 Velma Avenue Columbus, Ohio 43211-2497 David Snyder Ohio State Preservation j

l 1982 Velma Avenue l

Columbus, Ohio 43211-2497 Jerry Wray, Director Ohio Department of Transportation i

25 South Front Street Columbus, Ohio 43216-0899 Michael G'heen. Chi.ef l

U.S. Army Corps of Engineers Huntington District 502 8th Street Huntington, W. Va. 25701 James T. Cogan Farmers Home Administration / Rural Development Authority 740 Federal Building i

200 North High Street Columbus, Ohio 43215

a -

l l

l l

Diana Salisbury l

page 6, September 12, 1994 i

I would appreciate direct answers to my concerns / questions from your agency as a resident of Southern Ohio, downwinder of the Portsmouth Gaseous Diffusion Plant, and directly affected party.

Respectfully submitted, y !; 4 Lk.t-u $_.s.%, _

/

L

)L c +

4 j-Diana Salisbur'y (513) 446-2763 cc:

United States Senator Howard Metzembaum l

United States Senator John Glenn U.S. Congressman Rob Portman U.S. Congressman Ted Strickland enclosures t

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