ML20136B801
| ML20136B801 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 08/23/1979 |
| From: | Callihan A, Cole R, Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7909120167 | |
| Download: ML20136B801 (67) | |
Text
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UNITED STATES OF AMERICA 1
(;CR6492 NUCLEAR REGULATORY COMMISSION 2-x 3
In the Matter of:
4 COMMONWEALTH EDISON COMPANY 5
(Braidwood Nuclear Power Stati.on
- Docket Nos. 50-456 6
Units 1 & 2) 50-457 7
- - - - - - - - - - - - - - - - - -x PREHEARING 8
City Council Chambers 9
City Hall 150 W. Jefferson Street 10 Joliet, Illinois II Thursday, August 23, 1979 12 Prehearing in the above-entitled matter was convened,
(
13 pursuant to notice, at 9:30 p.m.
BEFORE:
MARSHALL MILLER, Chairman g
DR. RICHARD F. COLE, Member DR. A. DIXON CALLIHAN, Member APPEARANCES:
18 For the Nuclear Regulatory Commission:
9 MYRON KARMAN
/
20 RICHARD J. GODDARD 2I For the Applicant, Commonwealth Edison Company:
22 MICHAEL I. MILLER ALAN BIELCUSKI 23 Isham, Lincoln & Beale One First National Plaza h'
24 Chicago, Illinois oj
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APPEARANCES (continued) :
I For Individual Petitioners Rorem, Zedikers, 2
Frothingham and Appleseed:
.3 BRIDGET LITTLE ROREM 117 N. Linden Street 4
Essex, Illinois 5
For Bob Neiner Farms, Inc., Bob Neiner, Eleanor M.
- Neiner, 6
Pat Neiner, Lorraine Creek, Leo Walsh, Alta Walsh, and C. Allen Bock:
7 THOMAS J. GORDON Waaler, Evan & Bordon 8
2503 S. Neil 9
Champaign, Illinois 10 ALSO PRESENT:
11 GIGI TOPOLSKI CURTIS TAYLOR 12 ROBERT A. HOSS THELMA CORBIN 13 q
MRS. PATRICK 14 15 16 17
'18 19 20 21 22 23
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PAGE C,'
2 LIMITED APPEARANCES:
3 GIGI TOPOLSKI 43 4
THELMA CORBIN 46 5
ROBERT HOSS 50 6
CURTIS TAYLOR 51 7
MRS. PATRICK 54 8
9 10 11 12
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13 s.
14 15 16 17 18 19 20 21 22 2,3
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25
2 392 01 01
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PR0CEEDINGS 2
CHAIRMAN MILLER:
The special prehearing 3
conference in the matter of Commonwealth Edison Company, the 4
Braidwood Nuclear Power Station Units 1 and 2, will come to 5
order, please.
6 As you know, this is a special prehearing 7
conference held pursuant to notice published in the Federal 8
Register and otherwise publicized, wherein the intervention 9
or petitions board will consider the contentions or the
.10 issues that are framed by the pleadings.
1.1 My name is Marshall E. Miller.
I am a lawyer and 12 I am. Chairman of the Board which will hear this proceeding.
13 To my left is Dr. Cole, who is an environ' mental scientist E
14 and engineer.
To my right is Dr. Callihan, a nuclear 15 plhysicist.
We are all members of the permanent panel of the 16 S
.17 Atomic Safety & Licensing Board panel, with the exception of 18 Dr. Callihan, who is a consultant.and who sits on a number
- 1.9 of such proceedings.
20
- 'We will ask counsel and parties to identify
. 21 themselves for the record.
25 MR. MILLER:
Thank you, Mr. Chairman.
My name is 23 Michael I.-Miller.of the law firm of.Isham, Lincoln & Beale, 24 Suite I200, One First National Plaza, Chicago, Illinois.
I 25 Commonwealth Edison Company.
With me is Alan Bielcuski.of (T
s.
9 8
1
3 392 01 02
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our firm, and with me on my right is James Westermeier of 2
the company.
3 MR. KARMAN:
I'm Myron Karman,_ counsel for the 4
Nuclear Regulatory Commission staff.
My address is 5
Washington, D.C. 20555.
At my. left is my colleague 6
.Mr. Richard Goddard, also of the counsel staff for the 7
Nuclear Regulatory Commission, and Mr. Cal. vin Moon, a 8
project manager for the Commission.
9
.MR. GORDON:
My name is Thomas Gordon.
I am in 10
. Champaign, Illinois, with the law firm of Waaler, Evan &
11 Gordon, Champaign, Illinois.
I am co-counsel for. Bob Neiner 12 Farms, Incorporated, Bob Neiner, Eleanor R. Neiner, pat 1.3 Reiner, Lorraine Creek, Leo Walsh, ilta Walshi and I'm
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14 co-counsel with C. Allen Bock, University of Illinois 15 Agricul.tural law professor, whose post office box is 342, 16 Urbana, Illinois.-
N 17 Seated at my right is Elaine Creek.
18 MS. ROREM:
I am Bridget Ror.em, l l7. North Linden 19 Street in Essex, Illinois, and I represent myself and the 20'
.other individual petitioners lis.ted on our petition, and at 21 this point the group Appleseed.
22 CHAIRMAN MILLER:
Anyone else who are parties?
23 Are you a party?
24
.MR..TDPOLSKI I'm Gigi Topolski and.I represent 25 the Jacques Costeau Society.
(
)
4 G92.01'03 b Kmte
'l MR. KARMANs I believe this lady wishes to make a 2
limited appearance statement.
3 CHAIRMAN MILLER:
I'm not asking for limited 4
appearance statements at this time.
We'll take them for a 3
5 period when we finish the hearings on petition.
Thank you.
6 VOICE:
I think I'm requesting the same thing.
7 CHAIRMAN MILLER:
Ve ry we ll.
We'll get to you 8
folks if time permits.
We'll get to some of you.
9 VOICE:
Time permitting, sir.
I do live right
.10 behind the power plant.
11 CHAIRMAN MILLER:
On the grounds of proximity, we 12 will hear from you.
13 We'll proceed now with the matters which have been 14
' scheduled for this inte,rvention or pleading board.
As you
,15 know, there was an orde'r entered by the, board on March 22nd, 1
16 I;979, passing upon the petitions to inter.vene which had been 17 filed in accordance with the opportunity to intervene.
And 18 the petitions to inter.vene were deemed to have stated 19 sufficient information to indicate standing or interest,'
20 which is one of the prerequisites for parties to inter.vene.
21
-Therefore, the order granted the inter.vention petitions s
i 22 -
filed by Bridget Little Rorem, Ralph Rorem, Junior, Philip 23 Zedikers, Carol Zediker.s, Diane Frothingham and the Bailly 24 Alliance -- Illinois.
~
,c 25 The petition to intervene was also granted as to
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5 392 01 04 (imte i
Bob Neiner Farmsi Incorporated, Bob E. Neiner, Eleanor 2
Neiner, pat Neiner, Lorraine Creek, Leo Walsh and Alta 3
Walsh.
~
4 The petition of Marty Westerman was denied as not 5
. setting forth adequate intere,st or standing in accordance 6
.with the regulations governing' this type of proceeding.
7 In addition -- I believe that does cover the order 8
issued granting the intervention.
9 It was also pointed out in the order, and as
.10 required by the regulation of the Nuclear Regulatory 11 Commission which appears at.10. Code of Federal Regulations,
. 12 Section 2.71406), which requires that no later than 15 days 13.
prior to the holdLng of a special he~aring conference to pass k'
14 on contentions, which is what this special hearing 15 conference is, as distinguished from a general later type 16 prehearing conference, that the inter.vening parties must 17 file a supplement to the petitions, which.must include a 18 list of those contentions the petitioners seek to have 1.9 litigated and.the basis for each contention must be set 20 forth with reasonable specificity.
21 This was noted in the order and was complied with 22 by the parties.
Therefore, we are taking up for 23 consideration at the present time now, at the special 24 prehearing con.ference --- first of a'11, I will take the 9.5 amended petition to inter.vene.
(!
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6 392 01 05 I
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VOICES-Are you saying if someone doesn't fill out 2
a piece of paper correctly.they can't speak?
3 CHAIRMAN. MILLER:
No.
You are talking about 4
something entirely different, which is limited appearance 5
statements.
This is not the, time.
We will get to them 6
later.
7 Let the board proceed.with its business.
You will 8
be given an opportunity.
-It's in accordance with the rules,
~
9 which you are free to check if you don't believe me.
.10 We have the petition to intervene, supplemental 11 and amended contentions filed by the attorneys for the 12 petitioners, Mr. Gordon and Mr. Bock...which contains the 13 amended and supplemental contentions in accordance with the 14 order which I previously mentioned.
15 T.o that. amended petition, amended and supplemental 16 petition which was filed on August 7,.1979, was filed the 17 answer to the amended petition of Bob Neiner. Farms, Inc., et 18 al., dated August 20,.l.979, in which the staff took the 19 position that the following contentions should be admitted 20 as issues in this proceeding, complying, in the staff's 21 judgment, with the requLrements of the regulations and the 22
- p. leadings and issue provisions:
23 Contention one, three -- I will identify them as 24 they ar.e set up here.
This may assist the members of the 25 audience.
Contention one, transmission lines; contention
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7 392 01 06
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three, emergency'planst contention six, chemical,and 2
radiological dischargest contention seven, recreational 3
facilitiest contention nine, farm data; contention ten, 4
_ radiation exposurei and contention eleven, dike failure.
The staff in its answer further stated that there 5
6 are other contentions..which ma'y be admissible in the 7
proceeding, but in the staff's. view at the present time they 8
were too vague and nonspecific to allow proper response.
9
.The staff therefore urged the board at this special
.10 prehearing conference to permit the admission of the 11 contentions I have re.ad, but also authorize the parties to
- 12 continue efforts to further. refine contentions or negotiate 13 upon them, so that there could be a further amended set of 4..
\\
.14 petitions submitted.which would cover the balance of the 15 ma tte rs.
16 In essence, that is the position of the staff.
17 MR. KARMAN:
That was the petition of the staff, 18 Mr.. Chairman, when I f.iled this p. leading.
19
. CHAIRMAN MILLER:
Do you have any changes?
20 '
MR. KARMAN:
.In light of the somewhat limited 21 scope of the number of Inter.venors here, I believe it might 22 be fruitfully handled at the special prehearing conference, 23 where we could go through the list of contentions and 24
. obviate the ne.cessity of further meetings.
25 We have had several meetings with the petitioners.
8 192 01 07 I Kmte 1
I think we probably could go down the list.
2 CHAIRMAN MILLER:
Is this true of both 3
consolidated petiti.ons.?
4
.MR. KARMAN:
We have indicated with respect to the 5
other petition that we feel that both of those contentions 6
should be admitted.
We have nothing further to say with 7
respect to the petition of Bridget Rorem et all.
8 CHAIRMAN MILLER:
That was where the amended 9
petition consisted of two contentions..which were the product 10 of discussions between and among Mrs. Rorem and the staff 11 and Applicant. counsel.
. 12 MR, MILLER:
That's correct.
13
.MR. KARMAN:
That's correct, and we recommended 5
14 both of those contentions.
15 CHAIRMAN KILLsR:
As a practical matter, what 16 remains for this board's consideration in regard. to the 17 pleadings, at any rate, are bhe Bob Neiner Farms et 18 al. contenti.ons, and it's the. belief of the staff it could 19 be covered at this time rather than accept one or more as 20
. $dequate for the purposa of providing for an evidentiary 21 hearing and leaving.for further refinement the balance of 22 the contentions.?
23 MR. KARMAN:
Yes, I do, Mr. Chairman.
24 CHAIRMAN MILLER:
You. understand that may have 25 some impact on the. time available for limited 3'
i-0 9
9 192 01 08
[ dmte We'may have to restrict the limited appearance I
appearances.
u.
2 to perhaps allowing a half-hour or thereabouts, five to ten 3
minutes per person.
Of. course, we can and would take up 4
limited appearance statements at a la.ter time.
I point out 5
'the possible consequences of'the position that is being 6
adopted by the staff.
7 Let me see what Mr. Miller has to say on behalf of 8
the Applicant on that point.
~
.9 MR. MILLER:
I think the negotiations that have
.10 taken place between Mr. Gordon and his colleague, Professor 11 Bock, and the staff and ourselves have really refined the
. 12 points of differences to -- f airly s'harply.
I believe each 13' of the parties can state their positions with respect to the U
14 contentions as to which there is a diff erence in relatively 15 brief periods.of time.
16 It's my understanding that we are scheduled for 17 the entire day if necessary.
Is that. correct.?
18 CHAIRMAN MILLER:
Well, assuming being able to get 19 transportation.later in the day, that's correct.
20 MR. MILLER:
I think there are probably.five or 21 six contentions in total that require some oral exposition 22 of the dif.ferences.among the parties.
Ne would be prepared 23 to pr.oceed immediately on that.
24 CHAIRMAN RILLER:
Let us ta'ke up first, then, and 25 dispose of the amended petition that was filed dated k.
9 l
10 092 01 '09
(,.Kmte 1
August 7, 197.9, on behalf.of the individual listed 2
petitioners and Bridget Rorem.
I understand that the two 3
contentions, contention number one as to adequate emergency 4
plans and two as to qualifications of the Applicant to 5
operate the Braidwood station, as described in the amended 6
petition, are the subject of an ans.wer by the NRC staff 7.
dated August 20, 197.9, which agrees that such contentions 8
should be admitted as issues in the Braidwood proceeding.
~9 Is that. correct,.Mr. Karman.?
,10
.MR. KARMAN That's correct, Mr.. Chairman.
Il CHAIRMAN MILLER:
And the Applicant through its
_ 12 counsel has also indicated that it concurs in the admission 13 as contentions of the statements in contention one and twot 14 is that correct, Mr. Miller.?
15 MR. MILLER:
Yes, sir.
16 CHAIRMAN MILLER.:
In that e. vent, then, the board 17
.will adopt contentions one and two of Ms. Rorem et al. in 18 the amended peti. tion as constituting the issues which will 19 govern the future course o.f this proceeding with respect" to 20 those parties which will apply both to discovery, evidence, 21 motions and the like.
22 Very well.
I notice there is one matter.
That is 23 that the Bailly Alliance-Illinois has indicated it does not
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24 wish to either be a party.or continue to be a party to the 25 intervention, although its petition was granted.
There is (s
9 0
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092 01 10
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some request that apparently an organization called 2
Appleseed wishes to be a party in place of.
This is not in 3
accordance with our regulations, which would require any 4
person, whether an individual or organization, seeking to 5
intervene at this date, seeking to satisfy the five 6
requirements of an untimely filed petition.
7 I take it there has been discussion and 8
conferences.between and among the parties of this regard.
~
9
.What is the status of Appleseed?
What is Appleseed?
.10 MS ROREM:
Appleseed is a Braidwood area 11 organization which concerns many of the concerns which 12 Bailly Alliance-Illinois did.
As indicated in, I believe,
13 Commonwealth Edison's response to our amended petition, 14 Appleseed is basically a subsequent group in the area which 15 involves people who have been considered members of the 16 Bailly Alliance-Illinois.
17
.At the time we filed the original ~ petition, 18 Appleseed did not exist and there existed no specific group 19 in our area.
.There were many people who were members of' 20 Bailly Alliance. Illinois.
Since Appleseed has formed and 21 Bailly has indicated that they do not have the tim'e to 22 pursue the matter, the members of Appleseed who. basically 23 would have been the people interested in the Bailly petition 24 anyway, are requesting that they be substituted, rather than 25 be admitted as members of Bailly Alliance-Illinois.
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12 392 DJ il Kmte 1
CHAIRMAN. MILLER:
Are there members of Appleseed 2
who are not members of. your group as individuals, who have 3
been admitted as Intervenors?
4 MS. ROREM:
You mean, are any of the individual E
petitioners members of Applegeed?
6 CHAIRMAN MILLER:
Other way ar.ound.
7 MS. ROREMs Say that again.
8
. CHAIRMAN MILLER:
Are there members of Appleseed 9
other than the individuals who have been given leave to 10 inte r.vene ?
Il MS. ROREM:
There are.
12 CHAIRMAN MILLER:
About.how many?
13 MS. ROREM:
Two dozen.
b 14 CHAIRMAN MILLER:
Why do t:gey feel it necessary.to
.15 have Appleseed as an organizati.on st bmitted?
Why can't they 16 be suf.ficiently covered by yourself and the other 17 individuals?
I'm.not represented by a lawyer, nor 18 MS. ROREM:
19 are the other indi.viduals.
There is much work to be done 20
. involved.with this intervention.
I personally do not feel 21 that one person or.five people.are capable of doing all the 22 legwork invol.ved.
23 I believe people,in.Appleseed who.would be willing 24 to do a lot of the Lnvestigative work would like to be 25 admitted as parties, rather than just be doing the. work
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for me or the other. individuals listed on the petition.
2 CHNkRMANMILLER:
Is there anything the board 3
should be aware of as to the reason that the original 4
organization apparently chooses to not continue to be a 5
' party?
6 MS. ROREM:
I don't believe so.
I think I have 7
expected quite a bit of help from the Bailly 8
Alliance-Illinois.
They are centered in Chicago.
And they 9
indicated to me that.they had other concerns and did not 10 have the time to put into this intervention.
Il CHAIRMAN MILLER:
It's not.that they changed their 12 views or their views had not been accurately stated before 13 the inter.vention board?
14 MS. ROREM:
No, that's not the case.
15 CHAIRMAN. MILLER:
Le.t me inquire, Mr. Miller.
I 16 guess the answer was filed by Mr. Murphy.
You state that 17 Appleseed.is in essenes a successor organization of the 18 local chapter of Bailly Alliance-Illinois, and the 19 membership of Appleseed consists of those members of the 20 Bailly Alliance-Illinois who work in the area of 30 miles 21 from the Braidwood Station.
22 Have you verified those facts and are you 23 representi'ng to the board that those are true and accurate?
24 MR. MILLER:
No, sir.
The' sentence to which you 25 refer in our answer is based on Ms. Rorem's representations
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14 192 01 L3
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to us, which we accept and have no reason to doubt.
2 CHAIRMAN MILLER:
In other words, by hearsays you 3
got it from the lips of the person who told you?
4 MR. MILLER:
That's correct.
5 CHAIRMAN MILLER:
Does the staff have any 6
differing views?
7 MR. KARMAN:
No, Mr. Chairman.
As indicated in my 8
pleadino, I stated that it's stated by petitioners that such 9
and such.
.10 CHAIRMAN MILLER:
Very well.
You have given us a 11 candid. description.
The board accepts that.
While it's 12 different from the usual procedure, the board is satisfied 13 there is a reasonable basis for it and we are not violating 14
.our regulations in that regard.
15 Accordingly, your. request to have Appleseed as you 16 have defined it considered to be a successor organization to 17 what someone has descrdbed as the local chapter of Bailly 18 Alliance. Illinois...which we regard as the original 19 intervening party -- Appleseed may be substituted in that 20 regard.
21 That takes care.of the matters involved in the
- 22 contentions of the individuals is that right?
23 MS. ROREM:
.Yes, l believe that is all.
24 25 (f
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15 392 02 01
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CHAIRMAN MILLER:
We wt11 now proceed to the 2
amended petition of Neiner Farms, that being apparently the 3
one in which there are some contested issues, as well as 4
some to.which there is no remaining disagreement.
5 MR. GORDON:
That's correct.
6 MR. KARMAN Mr. Chairman, at this time I would 7
like to add contenti.on five as one to which we would have no 8
objection.
9 CHAIRMAN.MI LLER:
Add five to that.
10 MR. KARMAN:
Yes, sir.
11 CHAIRMAN MILLER:
Very well.
12 As to contention one, I believe the staff has 13 indicated no objection, but the Applicant has indicated E-14 objection.
So it would be. most expeditious to ask counsel 15 for. Applicant to proceed on that one.
16 MR. MILLER.:
Mr. Chairman, contention one deals 17 with the asserted environmental effect of 765 Ky 18 transmission lines that, according to the petition, will be 1.9 used to transport the electrical output from the Braidwood
~
20 Station.
There quite simply are no 765 Ky transmission 21
. lines which are proposed to carry the electrical output of 22 the Braidwood Station.
The transmission line.right of way 23 which.is --
has been designed in connection with Braidwood 24 does include pr.ovision in its width for eventual addition of 25
.a 765 Kv transmission.line at a future indeterminate time.
O 9
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O 16 192 02 02 u..Xmte 1
It's th'e Applicant's position that these future 2
and somewhat speculative 765 Kv transmission lines are not 3
in any way connected with the application to operate the 4
Braidwood f acility and are therefore well outside the scope 5
'of the Commission's jurisdiction.
6 We recognize that the transmission lines that are 7
constructed in connection with the f acility -- and there are 8
. such lines --- must be considered as part of the
~
9 environmental-impact analysis that takes placed.
That was 10 in fact done in some detail during the construction permit il stages, where the transmission line routing was discussed 12 and the environmental effects associated with both the 13 construction of the transmission lines and the operation of 14 the transmission lines was evaluated.
That is found in the 15 initial decision af the Licensing Board.
16 The caption is "In the Matter of Commonwealth 17 Edison. Company, Braidwood Station Units I and 2," citation 18 BAEC 11.97 at page 1209.
The date of that decision is 19 January 8th, 1975.
20 There is simply no basis at this time for 21 consideration of the environmental ef fects of the I65 KV 22 lines.
23 CHAIRMAN MILLER:
What about the reference in the 24 contention itself to the LLlinois Commerce Commission's 25 consideration of 349 Ky and 765 Kv transmission lines?
a 9
17
)92 02 3
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MR. MILLER:
I believe the. reference is an 2
accurate one, sir.
But what it says is that the 3
transmission line right of way is wide enough and was 4
acquired with the expectation that at some future date a 765 5
KV transmission line may be added.
6 It seems to the company that it's prudent to 7
acquire right of way in this fashion at the state level.
8 But the present plans of the company do not. contemplate the 9
construction of the 765 KV lines.
I believe that the 10 inter.venors concede that, as they must.
I believe they have 11 had an oppor.tunity to examine the environmental report at 12 the operating licensing stage,. which is on file with the 13 Commission, and it's qui.te clearly described there that it's 14 a double-circuit 345 Kv. line that will be built and operated 15 in connection with the $raidwood facility.
16 We think that this issue is really controlled by 17 the decision of the Cour~t of Appeals for the Second Circuit i
18 in its case captioned Green County planning Board versus 19 Federal Power Commission.
The citation is 559 Federal 20 Second, page 1227.
.Very similar set of circumstances, even 21 though all that was at issue there was the construction of a 22 transmission.line, but it was a 345 KV line that was being 23 constructed, alth9 ugh.the,right of way could accommodate a 24 future expansion of the line to 765 K'y as well.
25 The cour.t held the environmental eff ects that had l
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18 192 02 04
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to be considered'by the Federal Power Commission in passing 2
on the application for a license to construct the 3
transmission line was limited to 345 KV portion of it, and 4
that the 765 KV line could be considered at a future date if 5
- it was ever built.
i 6
CHAIRMAN iMI LLER:
If' it's prudent for the company 7
to include the potential during the lifetime of.this plant 8
of a 765 Ky line, why isn't 1.t equally prudent for the 9
.In.ter.venors to raise the question and the board take 10 evidenc.e as to whatever the f acts.might be?
11 MR. MILLER:
It's simply a question of this 12 board's jurisdiction.
13-CHAIRMAN. MILLER:
Are you putting it on a r-14 jurisdictional basis, that we do not have jurisdiction?
15 MR. MILLER:
You do not have jurisdiction to 16 consider transmission line additions which are not connected 17 with the operation of. this plant.
The 765 Kv expansion, it 1.8 it takes place, may very well be a matter of strengthening 1.9 the Commonwealth transmission grid for reasons unrelated 'to 20 the Braidwood Station.
21 CHAIRMAN. MILLER:
Connected to the Braidwood 22 Station?
23 MR. MILLER:
Yes.
24 CHAIRMAN. MILLER:
.For whate'ver reasons, you have 25 the lines.
19 392 02 5
k.Kmte i
MR. MILLER:
You could say that about every 2
transmission line.or grid in the company system is connected 3
to the Braidwood Station.
4 CHAIRMAN. MILLER:
Directly?
5 MR. MILLER:
Yes.
'The lines are direc.tly, in 6
fact, to every home.
7 CHAIRMAN. MILLER:
Is it by direc.t connection?
8 MR. MILLER:
1 think that the licensing ---
9 CHAIRMAN MILLER:
To the Braidwood Station or any
.10 nuclear power facility 2 11 MR. MILLER:
In the Greenwood case, Detroit 12 Edison case, the appeal board restricted the consideration 13 of environmental effect to the transmission lines that were 14 directly lnvolved in operation of the. station.
Now, I ca n' t 15 say and I don't believe anyone in this room, including the 16 engineers from Commonwealth Edison, can say what ' the 17 considerations will.be in the future which will lead to an 18 expansion from a 345 Kv line to a 765 Ky line.
1.9 It's apparent that, because 345 Ky lines are being.
20 built now, that they are what is needed to put the output of 21 the station into the transmission grid of Commonwealth 22 Edison Company.
At some future time, becauss of load. costs,-
23 the addition of other generating stations or transmission 24 line configuration changes unrelated "to the nuclear power 25 plant, it may become desirable to make that line a 765 Kv
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)92 02 06 k.i(mte I
line.
2 I donf t think that anyone in this room knows, and 3
it's our position, in those circumstances, the board's 4
jurisdiction is limited to those transmission lines that are 5
- specifically.. identified as being constructed in connection 6
.wi.th the operation of the powe'r plant.
7 CHAIRMAN MILLER:
Even though no one knows?
8 MR. MILLER:
Well, we know at least that a 345 Ky 9
line is all that is required at this point in time.
I think 10 it would be a.dif.ferent situation if there was a 11 representation that in five years.or in ten years, or maybe s
- 12 even in ten years, there will be a 765 Kv line.which will be 13-required along that right.of way.
14 But that is not the representation.
And I don't 15 think anyone knows.
16 DR. COLE:
Mr. Miller, are you saying a decision 17 has not been made as to whether 345 or 765 KV lines would be 18 used2 19 CHAIRMAN MILLER:
No, sir.
If I gave that 20 impression,,I didn't.mean to.
.A decision has been made.
It 21 will be a double-circuit 345 Ky line energized to get the 22 output of the Braidwood Station into the transmission grid 23 of. Commonwealth Edison.
24 DR. COLE:
Was this a new 1'ine constructed solely 25 for Braidwood?
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21
)92 02 7
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MR. MILLER:
Yes, sir.
2 DR. COLE:
Designed solely to get Braidwood into 3
the grid system?
4 MR. MILLER:
That is certainly a major reason for 5
its construction.
However,.there were other transmission 6
line engineering considerations which led to the routing of 7
the line, and those are discussed, I believe, in the initial 8
decision of the Licensing Board to which I earlier 9
referred.
The board found as follows at page 1209:
.10
" Applicant pointed out that only part of the 11 corridors, transmission line corridors, can be attributed to 12 Braidwood since part will be developed earlier for general 13 system requirements.
The success of Applicant's attempt to
(~
14 consolidate new lines with existing lines or other 15 facilities is shown by the fact that,.out of the 87 lines of 16 corridors between Braidwood and the connections to the 17 system, approximately 49.5 miles follow right of ways which 18 currently exist or will contain lines for general system 19 needs at the time the Braidwood lines are installed."
20 So,', while cer.tainly a portion of these lines are 21 directly attributable to the construe.ti.on and operation of 22 the Braidwood facility, I think it's also an evolution of 23 the tra,nsmission system.of Commonwealth Edison Company that 24 dictates part of those lines.
25 DR. COLE:
In the 87 miles, are there presently l'
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22 392 02 08 (unKmte I
any 765 Kv transmission lines?
2 MR. MILLER:
I don't believe so, although the j3 operating license environmental report states that there is 4
an existing 765 Kv line between Wilton and Washington 5
' Townships.
I can't represent to you that I can show you 6
precisely where those lines are, but let me see if I can 7
locate them.
8 CHAIRMAN MILLER:
Doesn't this demonstrate that we 9
are getting into evidentiary matters that are not required 10 to be pleaded.?
We are getting into matters of that kind.
11 MR. MILLER:
.We have a twofold points One, the 12 transmission lines associated.with the construction and 13 operation of the plant were considered.at the construction 14 permit stage in extensive details the other point is that 15 the possible expansion to a 765 Kv line is beyond the 16 jurisdiction of this board to consider.
17 DR. COLE:
As being speculative or beyond the 18 jurisdiction only?
19 MR. MILLER:
As being beyond the jurisdiction of 20 this board.
21 CHAIRMAN KILLER:
Mr. Gordon, do you wish to be 22 heard?
23 MR. GORDON:
Yes, Mr. Chairman.
It would be our 24 contention this is not a matter.outside the scope of this 25 proceeding.
It would appear to me that Commonwealth Edison
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23
}92 02 9
k..Kmte I
has proceeded to 'obtain the right of way for the 765 lines.
2 This right of way that they are acquiring lies between the 3
-- lies on the other side of the easement that they have and 4
towards the fence of the farms involved in this particular 5
matter.
6 It is our position that it would be better for the 7
matter to be heard now, rather than have us come back 8
several years, two.or three years down the road, and have 9
the matter discussed again.
10 Now, one contention, one thing that Commonwealth 11 indicates in their response to pleadings, is that in the 12 Green County Planning Board case, 559 Federal Second 1227, 13 it says that -- the court ruled that the 765 KV lines that i
14 may be installe.d at a future. time did not require that the 15 impact of the 765 Ky lines be evaluated in connection with 16 the proposal.
The ruling said they did not require.
17 Our contention would be that it would be 18 expeditious for the board to study this matter.
In the 19 operating license procedure, they mentioned a transmission 20 line of 55 niles.
Now there seems to be talk about an 87 21 miles of transmission lines.
Am I correct in that,'
22 Mr. Miller?
23 MR. MILLER:
I think that at the construction 24 permit stages I don't mean to engage in dialogue with 25 counsel.
I e
e
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, - - - - - -.- ~~ - - - --
m
24
)92 02 10 L3Kmte 1
CHAIRMAN MILLERt Unless there is some important 2
f act, the. board will inquire for you.
But if it's not i
3 essential to the argument --
4 DR. COLE:
Maybe we,ought to get that straightened 5
out now.
Is there a differen'ce between the 87 and 55 that 6
is causing confusion?
Can you explain that, Mr. Miller?
7 MR. MILLER:
I believe that -- may I have just a 8
second?
CHAIRMAN. MILLER:
I would like'for counsel and 9
10 par. ties to take notice of the fact that statements of Il contentions are neither required to nor should go into 12 pleadings or evidenced or proof.
We must keep in mind the 13 rule that pleadings set up issues upon which you can then
(
14 have discovery or proof.
They do not'and should not go into 15 evidentiary matters.
I don't want to spend the rest of the 16 day going into evidence.
17 MR. MILLER:
.I believe the SE-mile transmission 18 line.right of way.to.which I. ref erred is one of the 19 transmission line. corr.idors only.
There are in addition 20 another. transmission line corridor, but I believe the total 21 of the two approximates the 87 miles referred to in the 22 construction permit pr.oceeding.
23 CHAIRMAN MILLER:
proceed, please.
24 MR. GURDON:
This last point I would make would be 25 that I would like the.recent New York. Public Service
(:
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(,4mte 1
Commission study'to be included, so that we could have a 2
better understanding of how the 765 KV lines could affect 3
the environment.
4 CHAIRMAN MILLER:
Mr. Karman, what is the staff's 5
- position?
i l
6 MR. KARMAN:
The sta'f f's position is that we f eel 7
that where there is an impact from transmission lines which 8
have either become known.or have been developed since the 9
Licensing Board at the construction permit went into detail 10 in this subject, would be relevant in the operating license 11 proceeding.
And our position was that at this stage of the
. 12 proceeding that there is enough question in my mind as to 13 the adaptability or potential use of the 765 Kv lines that 14 we might allow this as a contention which may very well be 15 subject to motions for summary disposition when, during the 16 course of discovery, we determine that there is no plan for 17 such transmission line or that there is and this is a matter 18 of discovery.
19 We feel there is enough around there which could 20 allow for a contention at this stage of the proceeding.
21 CHAIRMAN. MILLER:
As a pleading matter.
22 MR. KARMAN That's correct.
23 CHAIRMAN MILLER:
The board takes the view that 24 the contention number one adequately sets forth a. viable 25 contention as a pleading matter, and that it, as all
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26 192 02 12 i
i AmQe I
contentions, are ' subject to discovery, subject 'to motions 2
for summary disposition in the event that the parties feel 3
they do not have evidence.
4 We will proceed to the reception of evidence at an 5
evidentiary hearing in the event that motions are not 6,
sustained.
They would then continue as a viable 7
contention.
8 Contention number two -- let's see what the 9
position of the parties is on that.'
The Applicant has an 10 objection to number two?
11 MR. KARMAN As does the staff.
12 CHAIRMAN. MILLER:
Let's see what contention two 13 is.
That is the decommissioning contention.
Mr. Gordon, do 14 you wish to be heard on that?
15 MR. CORDON:
Yes,Mr. Chairman.
- Briefly, 16 contention two, we realize decommissioning is now under 17 study by the board, and the only reason we would ask -- the 18 Commission, I'm sorry <-- ask that this be included would be 19 that, should rules and regulations be promulgated during 'the 20 period of time that -- of.our hearings, it would be 21 important for us to have some guidance.
And we would ask 22.
that this be in.
23 Once again, if at a later time it becomes apparent 24 that these rules are not going to be ' romulgated, then it p
25 would be possible to have that particular contention w.
27 392 02 13
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dismissed.
2 CHAIRMAN MILLER:
Well, conversely, it matters 3
arose subsequently that made such a contention viable, you 4
.could ask the board, in its discretion, to permit you to 5
' amend and add such contention as the board would take into 6
consideration if there were a' change in circumstances.
7 What is the status of the rulemaking proceeding by
^
8 the Commission on that, Mr. Karman?
9 MR. KARMAN I cannot give a further update on 10 that.
As f ar as I know, comments have been received and the 11 matter is proceeding.
12 CHAIRMAN MILLER:
It's proceeding in a rulemaking 13 proceeding by the NRC Commission as a Commission, is it not2 14 MR. KARMAN That's correct.
15 DR. COLE:
There was a notice of intent for 16 rulemaking.
17 MR. KARMAN:
The Applicant cites it in the Federal 18 Register, dated March 13, 1978, the Commission published a 19 notice entitled " Decommissioning Criteria for Nuclear 20 Facilities, Advanced Notice for Proposed Rulemaking.*
21 DR. COLE:
Has the Commission actually made a 22
. definite decision as to whether in fact they will go into 23 rulemaking?
24
.MR. KARMAN I do not know.'
25 MR. MILLER:
Perhaps I can be of some assistance, I
28 l
192 02 14
(.4m2e i
Dr. Cole.
The Fe'deral Register notice deals with a variety 2
of subject matters on.which comments are requested from the 3
interested. public, and the pref atory statement is as 4
follows:
5 "The Commission is considering development of a 6
more explicit overall policy for decommissioning nuclear 7
facilities and amending its regulations in 10 CFR Parts 30, 8
40, 50 and 70, to include more guidance on decommissioning 9
c'riteria, e t cetera."
10 Then it goes on to say:
" Advice and 11 recommendation on the matter of overall policy development 12 are invited from all interested persons."
13 There are then certain specific subject matters 14
. identified as what the Commission expects from people 15 responding to the notice.
I believe responses were filed 16 and the matter is before the Commission.
17 MR. MILLER:
If I might call the board's attention 18 to a decision that was not cited in.our pleading, but.which 19 I think is pertinent, it's the Tennesee Valley Authority 20
. Watts Bar decision.
We believe Dr. Cole and the Chairman 21 we.re both members of that board, and a decommissioning 22 contention,' which is not, however, set forth in the 23 decisio,n, was dismissed.on the same basis that we urge here.
24 CHAIRMAN. MILLER:
The board will sustain the 25 objections to the decommissioning contention, contention
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29 392 02 15 f
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two, and it will be stricken.
2 Let me say the board is indicating where it can, 3
we will rule as we go along.
There may be matters where the 4
board may want further discussion or citation.
We will 5
- indicate that to you.
6 In any event, there "will be a short writ. ten, order, 7
special prehearing conference order, which.will state the 8
action taken, and you will.be able to read it and we will 9
cite to the portions of the transcript where we have had the 10 discussions which give us the underlying reasoning.
Il MS. ROREM:
Are you indicating, then, that if 12 there is rulemaking done or not done, as the case may be, 13-before the hearing which might affect that contention, 14 either for the Neiner Farms people or. us, we will be able to 15 amend our peti. tion so that that contention might be heard in 16 the hearing?
17 CHAIRMAN MILLER:
The general position taken by 18 the Appeal Board, which governs th'e actions of the Licensing 19 Board and the Commissioners above that, are controlling, 'in 20 our judgment, upon Licensing Boards, which is to the effect, 21 where there are rulemaking matters which are hand 1ing things 22 generally.or generically, we don't as a Licensing Board have 23 the jurisdiction to go into that.
24 We must leave it to the. higher authority.
In the 25 event the rulemaking proceeding resulted in some outcome
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which in your judgment would give you or should give you the 2
right to assert it, you would be given leave to file a 3
motion to amend to add it.
The board will then use its 4
discretion.
5 The transcript shows the reason for our rules is 6
the pendency.
.Therefore, you are fully protected of record.
7 MS. ROREM:
Fine.
Thank you.
8 CHAIRMAN MILLER:
Three is the emergency 9
planning.
As to that, I am informed by my colleague it's
.10 not opposed.
11 MR. MILLER:
Tha t's correct, Mr. Chairman.
12 CHAIRMAN. MILLER:
We are happy to come.to our 13 first unopposed one.
We will grant contention three 14 quickly.
15 MR. MILLER:
Ne have one minor amendment that we 16 would like to suggest.
.Mrs. Rorem's contention speaks of 25 17 miles.
Neiner Farms' contention speaks of 20 miles.
Just 18 for the sake.of consistency, perhaps the Neiner Farms 19 contention ought to be amended to reflect the 25-mile limit 20 as well.
21 CHAIRMAN.MI LLER:
Counsel have objection to that 22 proposed amendment?
23 MR. GORDON:
No objection.
24 CHAIRMAN. MILLER:
What will' the amendment consist 25 of?
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MR. MILLER:
Changing the 20 miles to 25 miles.
g:
2 CHAIRMAN MILLER:
Contention three, subparagraph g%' y 3
(a), first line and thereafter, where "20 miles
- appears in
'4
( b), (c), is that covered also?
5 MR. MILLER:
That is all covered.
f.'
6 MR. KARMAN:
No obje'ction, Mr. Chairman.
7 CHAIRMAN MILLER:
The amendm'ent is allowed and
?-
8 contention three (a), (b), (c ), will be considered to be 9
amended in that regard and, as amended, will be admitted as 10 a contention.
7 11 Dr. Callihan points out the, board takes notice and
'.12 indica.tes its commendation of parties and counsel for 13-sitting down, discussing and working out the form of 14 contentions so that the issues can be presented in a clear 15 fashion without prejudicing anyone.
It will assist the 16 board and public in framing contentions, following discovery 17 and subsequent avidence.
l8 The next contention is number four.
The Applicant 19 opposes number four, as does the s.taff.
You have the
'20 laboring oar.
p/
1 21 22
.23 25 I"'
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MR. GORDON:
Our contention in four is based on 2
several factors.
One factor would be, at the time this 3
problem was taken up before, I think we had a different 4
situation with respect to the railroad.
For instance, it's s
5 our position now that, with the many lines being closed, 6
it's possible that this particular line, the Illinois 7
Central line near the plant, would have an increased load.
8 And it's our f eeling that if there is.an increase, this 9
should be taken into consideration.
10 Also, I believe that in 1974, at the time this 11 matter was taken ups.we were not in a we were in a 12 peacetime situation.
It's our feeling we ought to consider 13 what rail traffic would be on the line at the time that we 5
14
,.would have a national crisis or a war.
15 Those would be' the bases of our contention under 16 number four.
17
. CHAIRMAN MILLER:
Mr. Miller?
18 MR. MILLER:
Mr. Chairman, I think this is a 19 situation in which there is no new circumstances asserted by 20 the Intervenors..which would justify relitigation of a matter 21 which was gone into extensively at the construction per.mit 22 stage.
This too is a matter discussed in the initial 23 decision at the construction permit stage, 8 AEC.1.197 at 24 page 1226 and 1227.
25 There was extensive evidentiary presentation on
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the likelihood of'an explosion on the Illinois Central 2
tracks involving the products of the Joliet Arsenal, which 3
would cause injury to the Braidwood plant.
The board 4
considered all of that evidence and reached the conclusion 5
'that there was reasonable assurance that the site was 6
suitable for the construction of the Braidwood reactors, 7
even taking those circumstances into account.
8 The contention that is.before the board now really
~
9 offers nothing new in the way of changed circumstances.
10 W6at it asserts in subparts.C a),.( b), (c), is that other 11 evidence, other hypotheses, should have been presented to 12 the construction permi.t -
.at the time of the construction 13-permit and to the board that was considering it then.
14 That is, there is a quibble over whether we used 15
.the right period of time in analyzing the traffic.
We did 16 base it, quite. rightly, on peacetime traffic only.
The 17 country is -- was at peace then and is at peace now.
And 18 the f act that accidental explosions were assessed rather 19 than purposeful ones is jus.t something that my personal 20 recollection of the ev.identiary hearing is, in fact, 21 sabotage or purposefully caused explosions were in f act 22 considered, but.it didn't make its way into the Licensing 23 Board's findings.
24
.Mr. Gordon has just referred to yet another 25 factor.
That is, that there are rail closings.
I am not t
34 392 03.03
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quite sure what that refers to.
I call the attention of the 2
board to the f act that at the construction permit stage, the 3
Applicant was. ordered by the board to assure that the 4
section of the track near the plant is maintained at present 5
hig'h quality according to the, traf fic safety standards of 6
the Federal Railroad Administr'ation, and that at that time 7
Commonwealth Edison Company agreed to~take whatever action 8
was necessary for plant safety if maintenanca of that track 9
falls below its present level.
10 That was a matter that involved, at-the 11 construction permit stage, both analysis of the quality of
.12 the. track -- that is, what -is the likelihood of a derailment 13
--- and the probability that TNT and 'the other products that 5~
14 are manufactured at Joliet Arsenal would explode.
It was 15 -
something that was gone into extensively.
16 We believe that it's res judicata and, under the 17 decision of the Appeal Board, the Commission, I guess, in 18 the Farley case, it's not open for relitigati-on at this 19 time.
20 MR. KARMAN:
.Our position is basically the same, 21 Mr. Chairman.
Having participated in the construction 22 perm't stage, when Mr. Miller states that'this was gone into 23 rather extensively, it might be an understatement.
We.had 24 many cays of evidentiary hearing on the matter of the Joliet 25 Arsenal and the rail traffic past the respective site at
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that time.
2
.The staff's objection to this contention is that 3
there is and has been nothing new shown.which would indicate 4
why we should reassess the rather detailed review which the 5
Licensing Board conducted in the construction permit stage.
6 Under these circumstances and within the limits af 7
the contention as submitted, we do not think it's a viable 8
and valid contention f.or the operating license proceeding.
~
9 CHAIRMAN. MILLER:
What about.the recent action 10 taken by staff and the Commissioner.s with reference to-the
.11 possibility of sabotage in the transport of waste materials
- 1.2 and the like?
13 MR. KARMAN:
.We went into sabotage.
My 14 recollection is the same as Mr. Miller's, and this was 15 discussed in.the evidentiary hearing.'
16 CHAIRMAN MILLER.:
You believe you did.
In your 17 response, I don't see any citation to the record.
- c. "
18 MR. KARMAR:
That's correct.
19 MR. MILLER:
If I_might just respond to the 20 question of. sabotage of waste materials ---
21 CHAIRMAN. MILLER:
Transportation of nuclear 22 materials.
23 MR. MILLER:
During transportation is a far 24 different issue than what the Inter.venors are attempting to 25 raise here.
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CHAIRMAN. MILLER:
It might be, but it might be the 2
reverse of it.
.I don't know, for example, what kind of 3
transportation is being used of nuclear wastes, if that be 4
done from this plant.
Is that the subject of any inquiry or 5
consideration in the environmental impact statements?
6 MR. MILLER:
I don't recall offhand.
I believe.
7 that that matter too.was gone into.
8 In any event, I don't believe the transportation
~
9 of nuclear wastes as such is comprehended within contention 10 four as presented by the Inter.venors.'
11 CHAIRMAN MILLER:
It.might not be, but it's a 12 short leap from to and fro.to fro and to, too.
13-Let me conf er with my colleagues.
14 (Board conferring. )
15 CHAIRMAN MILLER:
The board feels it's not 16 prepared at the present time to make a decision on this.
We 17 would like to have further citation of the record,.for 18 example, so we are clear in what the previous consideration 19 by the Licensing Board was, the extent of it.
20 This will also give an opportunity to Mr. Gordon 21 to state, if he wishes to or can, what changes, et cetera, 22 in circumstances or what new.information has come to light.
23 In other words, how is the picture. significantly diff erent 24 now than it was then, without saying what it would be?
25 We would like all counsel to have the
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opportunity to address themselves further, so we will 2
suspend judgment, the r ef ore, upon contention four until we 3
receive this additional information from counsel.
4 Could we have all of your briefs or memoranda 5
submitted simultaneously subm'itted within, say, three weeks?
6 Is that enpugh time?
Three weeks from today, please.
7 The next contention is number five.
The Applicant 8
has no objection to number five, I believe.
As the record 9
stands, neither Applicant nor staff have objection to 10 contention five, and it may stand as an admissible 11 contention in this matter.
12 Contention six, staff has no objection and the 13 Applicant has no objection.
It's therefore.. unopposed.
It 14 appears to. be within the area of reasonable contentions and 15 will be admitted.
16 Contention number seven.
Staff has no objection, 17 nor does the Applicant.
It will therefore be admitted as a 18 contention.
19 I am informed there may be a logical connection 20 between seven and,eight, but there are objections to number 21 eight.
We will withhold ruling on seven until we see.what 22 new influence contention eight may have.
Population and 23 recreational facilities io aggregate.'
Who opposed?
You 24 are, Mr. Miller?
25 MR. M. ILLER:
.I would like to address the
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statement that they are related.
They relate to.the same 2
set of factual cir.cumstances.
Our interpretation of
,3 contention seven is that the contention deals solely with
~
4 the environmental effect of having to close these 5
' recreational facilities in.th'e event of an accident, while 6
contention number eight deals with the Applicant's 7
compliance with the radiological health and safety criteria 8
set forth in Part 100.-
9 As'to that specific issue, which we believe is all 10 that is within the scope of contention eight, it's our 11 position that the Seabrook decision of the Appeal ~ Board 12 specifically considered. this matter and determined that 13 ~
taking an amorphous group of individuals temporarily 14 residing in.a location or locations was not the purpose of 15 the population center concept, and that the contention must 16 be restricted on that basis.
17 MR. KARMAN:
The staff concur.s.
In our analysis, 18 we feel that this contention would not-be within the 19 contemplation of that Appeal Board decision.
20 DR. CALLIHAN:
Is that number eight2 21 MR. KARMAN:
Tha t's correct.
22 We.are also in agreement with the interpretation 23 Mr. Miller gave of number seven.
24 CHAIRMAN MILLER:
Contention number seven will be 25 admitted.
On number.eight, Mr. Gordon?
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39 192 03 08 (enKmte 1
.MR. GORDON:
Mr. Chairman, we will stand on 2
number eight as written.
We feel it's important and would 3
like to.have this as one of our contentions.
4 CHAIRMAN MILLER:
Staff and Applicant have 5
expressed their views as to t'he admissibility.of number 6
eight on the basis of the Seabrook decision.
7 MR. KARMAN:
Yes, Mr. Chairman.
8 MR. MILLER:
.Yes, sir.
~
CHAIRMAN MILLER:
The board will defer 9
- 10 consideration of number eight.
11 Number ninet it's objected to by the Applicant, at 12 any rate.
13 MR. MILLER:
Mr. Chairman,.we may be in a position s'
14 to. withdraw.our objection to number nine.
The assertion is 15 that there is more accurate data with respect to certain 16 farming information.
In, conversations that I believe 17 Professor Bock had with Mr. Murphy of our office, it was 18 agreed that there would be.a submission of that information 19 to us and I guess to the staff as well.
20 If.we would agree that there was a basis.then for 21 the contention, we.would then withdraw our objection to the 22 contention and agree that it should be litigated.
We have 23 not yet, received any.of that information and presently stand 4
24 on our objection as. stated.
25 CHAIRMAN. MILLER:
Do you have anything further, f'
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.Mr. Gordon?
2 MR. GORDON:
We will submit the report from the 3
f arm census data,.which we feel is more accurate because all 4
farmers are required to fill out those forms.
If the forms 5
' are not filled out, my understanding is that the f armers are 6
asked and actually even coerced into filling the forms out.
7 We f eel it would.be a more accurate determination 8
using this report than the repor.t previ.ously used.
~
9 CHAIRMAN MILLER:
We.wL11 request the parties to 1.0 submit the requested information and then advise the board 11 in writing within the three weeks from today's date of their 12 positions respectively or jointly, as the case may be.
The 13' board will then withhold ruling pending receipt of that 14 additional information.
15 Number ten is unopposed and will be admitted.
16 Number eleven is also unopposed and will be 17 admitted.
18 I believe that disposes to the contentions, 19 subject to three or four.where we indicated additional 20 action or. withholding of judgment until further study by the 21 board.
It's apparent that.this intervention or petitions 22 board has both granted the inter.vention petition, has found 23 that one or more --- and it's more --- contentions are eviable 24 issues which should be the subject of an evidentiary 25 hearing.
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There will therefore be an evidentiary. hearing in 2
this proceeding, to be held bef. ore a Licensing Board duly 3
established for that purpose.
The parties and public will 4
be advised both by the publication of notice of evidentiary 5
hearing, which itself will indicate that there will be 6
future times and places therefor, and other. wise in 7
compliance with the regulations.
8 Before we entertain some limited appearances, is 9
there anything further that the parties or counsel.wish to
.10 bring to the attention of the inter.vention board.?
11 MR. MILLER:
Yes, Mr. Chairman.
The parties, in
- 12 connection with the negotlations regarding the contentions, 13 also negotiated regarding the schedule and conduct of 14 hearings.
I previously _ distributed to everyone except 15 Mrs. Rorem -- and I apologize --- we have entered into 16 negotiations which led to the preparation of a stipulat' ion.
17 I am not certain that everyone has had an opportunity to 18 review it in its final form.
But I.would like to distribute 19 it to the board for its consideration as well, and perhaps 20 before the close of business here.today the parties can 21 advise the board 'as to whether or not they are agreeable.
22 CHAIRMAN. MILLER:
You have leave to give us the 23 recommendations of Applicant, I assume?
g 24 MR. MILLER:
I believe this' represents the 25 negotiation of all the parties and ---
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42 392 03 fl 4
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CHAIRNMN MILLER:
The board will be reviewing it.
2 We will, before we close the special prehearing conference, 3
request parties and counsel to state their position for the 4
record.
We will review it in the meantime.
5 Anything further?
6 MR. MILLER:
No, sir.
7 CHAIRMAN MILLER:
Let me inquire of the staff.:
8 What are the projected dates of the following by the staff, 9
if they are not already filed of the DES, FES, the draf t
.10 environmental statement, final environmental statement, the 11 safety evaluation report, and anything else that the staff 12 has to file in order for us to proceed to an ultimate 13 evidentiary hearing.
14 It sometimes has a bearing upon scheduling, which 15 we.will refer to at the time we look at the stipulation.
16 MR. KARMAN:
Mr. Chairman, the present staff 17 schedule is for the issuance of the staff safety evaluation 18 in. June of 1981.
The draf.t environmental statement is 19 scheduled to be issued in September 1980, and the final 20 environmental statement in February of 1981.
21 CHAIRMAN. MILLER:
Are.these reasonably firm 22 predictions or ETA?
23 MR.' KARMAN:
They are rgasonably firm as of today, 24 Mr.' Chairman, subject to the exigencies of modern life.
25 CHAIRMAN. MILLER:
Very well, thank you.
(-
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43 392 03 12 k...<mte 1
We are going to take an hour or so of special 2
limited appearances.
Let us request that the persons to be 3
recognized will come forward and give your name and 4
address.
They may be given orally or in writing.
Your oral 5
' statements will be taken by our court reporter and made part 6
of the transcript, as would be the case of any written 7
statements that persons wish to submit.
8 We recommend you try to keep your statements 9
somewhere between five and ten minutes to accommodate other 10 persons who wish to express their views.
We will hear as 11 many as we can at this time.
12 There will be opportuni. ties in the future for 13-those who have not been heard to make their presentations to k
14 the board, or they can at any time in writing.
15 SPECIAL. LIMITED APPEARANCE STATEMENT 16 0F MS. GIGI TOPOLSKI 17 MS..TOPOLSKI:
I'm Gigi Topolski.
I' m 18 representing the. taxpayers of Illinois, and I'm also 19 reprecenting the Jacques Cousteau Society.
20 We are already, as you know,.throughout the whole 21
.world, dealing with pollution, plants,. water.
You don't 22 give me much. time to explain eve _rything.'
23 When you deal with ' nuclear, that is years.
You 24 expect me to explain it in five minut'es.'
We are all 25 concerned.when we build a nuclear power plant with what
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44 I92 03 13 (mte I
we are dealing with, how close you are from population.
You y
2 cannot put a nuclear power plant up within three or five 3
miles.
That is too close.
4 You have Wilmington close by, three miles.
Our 5
population, 76,000 people in,Joliet, 15 minutes away.
We 6
have no recreation plans.
When hell freezes over here, it 7
will be too late.
8 We had f.looding, blizzard of 1979.
We cannot go 9
anywhere if an accident happens with the nuclear power 10 plant.
You will have a fiasco.
You will have everybody 11 roaming the street and killing each other to get out of 12 here.
13 I had the chance to talk to Mr. Westermeier.
He f
k-14 said he's drawing the water from the Kankakee River.
What 15 do you do with the hard' water?.Where does.this end up.?
16 Does this end up in the waterways or do you keep it in the 17 pond?
18 Also, he explained to me you do not have a cooling 19 tower.
We would like to know what you do with your wastes 20 after you are done, because I was in Morris for three solid 21 hours2.430556e-4 days <br />0.00583 hours <br />3.472222e-5 weeks <br />7.9905e-6 months <br /> talking to Dr. Eger, going through the plant, and he 22 only has room for 415 baskets.
This means each basket takes-23 49 rods.
.a 24 One-third of that pool is filled from a GE power 25 plant.
We cannot take more waste there.
You have too
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much.
2 You have only, in the whole United States, three 3
commercial facilities in working condition.
4 The other thing I'm concerned about is recycling.
5 When you recycle uranium-235 with plutonium which we know 6
lasts a lifespan of 24,000 yea'rs, you get only about 30 7
percent out of it.
That.means you are still dealing with 70 8
percent of wastes.
9 When we bury this in the ground, and using about 10 eight feet -- that is not deep enough, because nobody can 11 give us the guarantee that.this will hold for 24,000 years 12 without worrying about radiation leakage.
Our concern is 13.
quite big.
L.
14 I.think before any nuclear plants are bu,ilt here 15 in Illinois, you better reconsider where.the population is 16 located.
17 l '8 19 20 21 22 23 g
24 25 i
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46 192 04 dl
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We need a recreation plan, emergency plan.
We 2
.would like no more waste material in Illinois.
We have it 3
coming from South Carolina.
They took it from Belgium and 4
foreign countries.
I think it's getting too far out.
I 5
think everybody is going too.f ast ahead of ourselves without-6 dealing with the problems which are running af ter us.
7 I cannot see why we would destroy whole 8
generations after generati.ons.
When you gentlemen keep 9
saying, nobody got killed, that is a joke, because this 10 person doesn't drop dead at the time you have the accident.
11 That person dies within years, because he dies from the 12 inside out.
That affects not only blood, but you get 13 leukemia, cancer, and you destroy che fetus, you have birth 5
14
. defects.
15 We should consider that for the generation af ter 16 us.
They have the right to live -in a clean environment.
17 Thank you, gentlemen.
18 (Applause.)
19 CHAIRMAN MILLER:
Thank you.
20 Who wishes to be heard next.?
21 SPECIAL LIMITED APPEARANCE STATEMEtVT 22 0F MS. THELMA CORBIN JJ MS. CORBIN:
I'm Ihelma Corbin.
.I represent no 24 organization.
I represent myself, my family and my 25 neighboring f armers.
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192 04 02
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My statements will be nothing. new to you, as I 2
have written to you on several occasions, only to receive 3
letters in return referring me to the Commonwealth Edison 4
environmental book.
5 I live in fear for myself and family. I have 6
written to you of the deep min'e shaf ts that exists, and Com 7
Ed tells you they have filled them.
Are you aware of the 8
deep mine shafts in our area?
9 CHAIRMAN MILLER:
It. won't be proper for the board 10 to engage in debate or discussion.
I would say if the board 11 proceeds to an evidentiary hearing -- we have no knowledge 12 or no record before us.
We can't comment.
Don't address 13-questions to us.
p 14 MS. CORdIN:
How can.you sit on a board if you 15 don't know of the deep mine shafts in the area?
16 CHAIRMAN MILLER:
Continue.with your statement.
17 They are being taken down.
18 MS. CORB.IN:
.One of our greatest concerns is our 19
. water.
To contaminate it would be unreal.
As soon as th'e 20 lake is filled and the plant goes into operation, which I'm 21 certain it will do, because I think this whole meeting is a 22 sham, it will have adverse effects on our. water.
23 Com Ed will disagree, because they have all kinds 3
24 of wells in which they monitor.
I say baloney.
They won't 25 let this board know if the. water was contaminated.
48 192 04 03 Wdmte i
I would not waste my time or yours on the fear I 2
f eel because of radiation and flooding the plant may bring.
~
,3 After Three Mile Island, my fears and suspicions have been 4
confirmed.
I put my hope and trust in the board and our 5
' courts.
6 We lose our land by condemnation, land not for 7
sale, land which we homesteaded and should be passed on to 8
my children.
Then an ugly fence six feet.high with barbed 9
wire appeared, a big slap in the face.
Then we had to pay 10 Commonwealth Edison to farm the ground they took away from 11 us, which we did not want to sell.
They took it from us in
. 12 court.
13' In closing, I want this board to know I hold you g_
14 as a board and as. individuals, or anyone serving on the 15 board at the time, Commonwealth Edison and anyone connected
~
16 with the building or designing, of total. responsibility in 17 case of any accident occurring.
Don't try to tell me it 18 would be an act of God.
God does not build or operate 19 nuclear power plants.
Humans do.
20
.Everything in this room is witnessing a sham.
I 21 am car.tain you will turn a deaf ear to all who are in 22 opposition to this license.
And I will say, the last time I 23 made an appearance before this board,' I no sooner got to my 24 car and it was over the Joliet station that they were. almost 25 certain that the license would be given to them.
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49 392 04 04
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Also, I think you -- are you Mr.. Miller?
2 MR. MI LLER:
Yes.
3 CHAlRMAN MILLER:
Don't engage in comments.
4 MS. CORBIN:
I think he should be awarded some 5
type of award.
It took him 4,5 minutes to state one thing 6
and for you to weasel it out of him, that there will be two 7
huge power lines going through there.
There definitely will 8
be, and I'm certain you realize that, too.
9 It.was most disgusting for me to sit back and 10 listen to that, when he knew there was a possibility I 11-couldn't. speak.
12 Thank you.
13 (Applause.)
14 CHAIRMAN MILLER:
Thank you.
15 Who would like to go next?
16
.MS.. TOPOLSKI:
I forgot to mention, would you 17 please investigate Westinghouse reactors.
Yesterday at 1.800 18 o' clock it came.through the news that. Westinghouse, it took 19 them five years to report that the Swiss reactor had a wo'rse 20 accident than Ihree Mile Island.
21 That is not the first incident with Westinghouse.
22 I have a lot of statements here.
Would you please 23 investigate.. Westinghouse nuclear reactors?
24 CHAIRMAN MILLER:
Thank you'.
Your remarks are 25 noted.
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i Who would like to go next?
2 SPECI AL LIMITED APPEARANCE STATEMENT 3
0F ROBERT HOSS 4
I'm Robert Hoss,' Braidwood, Illinois, 5
' Rural Route 1.
Braidwood is my address.
6 onwtop of this one a'nd two, they have never.said 7
nothing about the pads poured for three and four units.
8 They have never said anything about this at all at any time,
~
9 although they are poured.
10 I'm a construction worker.
My next-door neighbor 11 is a boilermaker.
He is working at Dresden.
He 1s allowed 12 in there in a suit.for 15 minutes and then back out.
13-They are having trouble at Dresden right now.
14 They.are having a lot of trouble at LaSalle.right now, at 15 the LaSalle station.
There are a lot of things that a lot
'16 of people are not bringing out here, Commonwealth Edison 17 number.one.
18 And I talked to a fellow worker that are 19 construction men at the Braidwood plant that have told me --
20 and I may be called on this by.the union, and I hope I am 21 because it will. be a court hearing -- that there ahe 22 tradesmen with no business in the trade they are in working 23 for Commonwealth Edison today.
24 The only way the nuclear station is going on at 25 Braidwood, they signed a moratorium to retroactively pay
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51 192 04 d6
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the carpenters to put them back to work, so they can hustle 2
this thing through.
-It's a sham, like she says.
3 (Applause.)
4 CHAIRMAN MILLER:
Thank you.
5 You may come forward.
6 SPECIAL LlMITED APPEARANCE STATEMENT 7
0F CURTIS TAYLOR 8
MR. IAYLOR:
I'm Curtis Taylor.
I live in 9
Joliet.
I am speaking on behalf of myself today.
I would 10 like to say several points no.t brought out in contentions, 11 regarding the prehearing today.
12 There will be other prehearings in the future.
13 NRC hasn't spoken about the nine plants under construction 14 in Illinois and the saturation of Illinois by Commonwealth 15 Edison is getting to the point of the _ highest in the United 16 Statest and that in the. future prehearings that you may be 17 holding, one in particular, a rescheduled NRC prehearing in 18 Cairo, I would like for you to consider the time element 19 involved in the environmental. impact study and the fact that 20 the nuclear waste in order to initiate Braidwood must be 21 brought on site many months before the actual initiating of 22 the plant start.
23 I.think that ought to be brought out in
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24 prehearing,.as this goes along regard'ing the Mount Carroll 25 construction permi.t as well.
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$92 04 07
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construction permit as well.
The moratorium has.not been 2
placed by Illinois.
Maybe the NRC can suggest this to the 3
state of Illinois, and since regulations enforcing the 4
reporting earlier this year were of radioactivity levels 'in 5
local soil and milk, regulations that the NRC had up until 6
the early months of this year 'were milk, that this would be 7
a reason also for not opening Braidwood and should be 8
considered under the EIS proposal -- unless considering the 9
bxpansion of the Morris dump site to hold up to 16,000 10 metric tons of fuel from other states and foreign countries, 11 that the so-called away-from-reactor site, AFR, in Morris, 12 may grow disproportionately to Braidwood.
13 And the proximity of this is something that the 14 NRC should define more clearly, in terms of size alone s in 15 terms of the geographical possibilities that have been 16 recommended for waste disposal, that these two could be 17 undermining the Braidwood plant, as f ar as the public 18 knows.
19 A final consideration I would hope you would find 20 in respe.ct to the Dresden plant 1, that the contamination is 21 admitted by. Commonwealth Edison physicists.
An experiment, 22 theory, hypothesis, is that no one knows for sure what will 23 happen.'
We have a whole year.before then to Match this.
We 24 don't have a date on this as to when the actual 25 decontamination is going on, and that won't -- won't it be
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I reasonable to put off the Braidwood until the af ter effects?
2 In other words,.something beyond the year of time here in 3
granting the permit.
4 Perhaps a hearing could be held in terms of 5
scientific investigation.
Thank you.'
6 (Applause.)
7 CHAIRMAN. MILLER:
Thank you.
8 Who would like to be heard next?
9 You have had your chance.
10 RS. CORBIN:
I would like to ask this board a 11 favor.
If in the. future you are having hearings such as 12 this and it's a matter.of. filling out a legal paper, the 13 statement I read in the paper was just to write to you.
i' 14 There was nothing in the statements that you put in the 15 paper that it had to be written in perf ect form or any legal 16 form.
17 I do believe you prejudiced this woman from the 18 Audobon Society by not letting her testify because she 19 didn't fill out a paper.right, Marty Westman.
20 CEMIRMAN. MILLER:
We have to go according to the 21 rules.
22
- S. CORBIN8 Why don't. y.ou put this in the paper?
23 CHAIRMAN MILLER:
I don't want to debate or argue 24 with you.
You have had your chance to be heard.
Let's hear 25 from people.who would like to address the board, as is their (J
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right.
2 SPECIAL LIMITED APPEARANCE STATEMENT l
3 0F MRS. PATRICK 4
MRS. PATRICK:
I'm Mrs. Patrick from Union Hills.
l 5
I'm afraid, deathly afraid, the more I hear about this.
I 6
get more scared the more I hear about this.
I am learning 7
more all of the time.
I hope you people know.
8 As these other people say, I think it's a sham, l
9 these meetings.
10 That is all.
11 CHAIRMAN MILLER:
Thank you.
12 Who would like to be heard next, please?
Anyone 13 else?
i' 14 Let me point out to the members of the public that l
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i 15 t he purpos e of this special prehe ring conference is a 16 1 mited one, to determine what issues presented by 17 Intervenors who have been made parties re entitled to start l
18 the p ocess, which.will go into discovery, interrogatories, 19 m ny other things, culminating some period of time from now l
20 in an evidentiary hearing.
I l
21 Many of the matters that have been expressed oy 22 members of the public which will be part of our record - -
23 it's right in the transcript nd will be read -- those l
24 matters will be addre ssed, no dou t, those that are 25 relevant, material -- many of them are -- by he evidence
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whi h comes at this evide tiary hearing.
2 It's like a trial, where th re are witnesses, 3
expert witnesses, fact witnesses.
And you ill all be able 4
to participa te as witnesses if the parties want to call 5
you.
At any ra e, you are going to h ve plenty of input.
6 This is a prehearing conference for pleadings
/
only.
de don' t normally, in f ac t, take limited appearance 8
statements at this stage, but at the next stage.
How ver, 9
that stage is a year or two years aws That hearing will 10 be held in this community.
You will be notified n
see the 11 evidence.
12 I wanted to get that explanation in, so the public 13 would know our procedure with reference to this particular 14 type of hearing.
13 MS. TOPOLSKI* ' Would you in the n ar futu e 16 publicize the hearings and, if you want written sta tements, I4 give us e ough time?
18 CHAIRkMN MILLER:
I have indicated, a d you may 19-tell all th people you are in contact with, and I'm sure' 20 the press will ick it up, written limited appearance 21 s atements may be sent o the board a t any time.
Please 22 feel free.
These are statements such as you are making 23 today or expres kng your views.
24 If they are designated as wri ten lim ted 25 app arance stat ments and sent to the board in this
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56 92 04 11 bimte I
proceeding, they will be received oy the board and 2
incorporated in our rec rd.
-3 This is an ongoing offer in addition to the 4
opportunity f or oral statements which you have been 5
' permi ttad to take today.
6 MS. TOPOLSKI:
Did I' understand ter orizing,cn-7 sabotag of nuclear power plants is not possible, or did I 3
misunderstand?
9 CHAIRMAN MILLER:
T at is not what he said.
I'm 10 only looking at con entions.
Yo u ar e, by yo ur que s ti ons ---
11 and we don't want to be discourteous -- but you a e getting 12 u
into substantive matters t at is oeyond tnis.
13 In the course of the proceedings, you will find 14 out.
15 MS. TOPOLSKI:
It's a piece of cake, getting it 16 and bomoing.
Is CHAIRMAN MILLER:
You misunderstood.
But wait 18 until the proper ime.
19 MR. HOSS:
Do they have any evacuation plans 20 whatsoeve at Braidwood or in this area?
21 CHAIRMAN MILLER:
Let me inquire.
de have taken 22 no evidenced.
23
=- Are evacuation lans th subject of t e studies or 24 staff analyses?
25 MR. KARMAN:
Are they going to be the study?
- Yes,
57 92 04 l'2 k.mte I
Mr. Chairman.
2 CHAIRMAN MILLER:
They are the suoject of 3
contentions that are going to be heard in the evidentiary 4
hearing.
They are in contentions and the suoject of st dies 5
to be made oy the staff.
6 On the draf t environmental statement, comment is
/
invited f rom interested persons, groups and the like, af ter 8
the e ny r nmental s atement is puolished and puolicized.
9 There is oppo tunity for comment, which the staff takes into 10 conside ra tion.
Il The final e vironmental statement, which goes into 12 the matters presented this morning, will then be issued.
13 MS. CORBIN:
I wro te yo u se ve al le tte rs, a nd in t-14 your e ponse to me you keep eferring me to the final 15 environmental statement,' and I am assumin it's Commonwealth
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16 Edison.
li' Ano does the board epresent?
Do you represent ~
18 the public?
ht CHAIRMAN MILLER:
Let me describe that to you.
20 You didn't write to us, because we don't accept letters.
21
'd 11 you listen to me in response to yotr 22 question?
If.you want the facts, I will explain it to you.
23 = - If yo u ust want to debate, we will end this.
24 Tnis board is conducting an adjudic tory type of 25 hearinc.
de a e going to have a trial, evidentiary hearing,
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58 92 04 l'3 i/' L.mte I
where the rules of evidence will apply.
In that context, we 2
don't take phone calls from anybody, letters f rom anybody, 3
because we can only go on the record.
It would be highly 4
improper for us to be app oached in that fashion or any 6
f ashion by anyone, and I mean.even counsel.
They go through-6-
the form of motions.
]
i dnen you say you have written to us, you haven't 8
really.
Yo have written to the Nuc1 ar Regulatory 9
Commission or someone there.
You have been given certain 10 re spo ns es.
11 What I am suggesting is there is a way where you 12 can have written limited appearance statemants arbressed to 13 the board.
de have indicated that, to the coard, which will 14 then be made a part of the board's record, just as the oral -
16 statements today are inc'luded in the transcript and are part 16 of the record.
17-That is different from writing a letter, ten la le tte rs or a phone ca ll.
Any member of the public or 19-int rested or anizations, if yo wish to have your views set 20 forth in the form of written limited appe ran e statements, 21 you may do so and those will come to the boa rd.
Copies 22 should be supplied at the time, so that all parties are 4
w.
23 familiar with it.
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24 So there is nothing hidden or secret about it, de 25 must operate with every hing in the open on a public r
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w
59 92 04-14
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record.
de can't'have ex parte statements in the corridor.
..c /
2 not w th you or anyone.
Yo have to go according to the 3
evidence available to everyone.
J-4 I'm trying to make the explanation so memoers of 5
the pub ic will under tand what they can do to have their 5
views expressed and made part ' f the record, and those o
matters which are beyond our procedure, which we just can't s
8 go in to.
I h pe you understand we are rying to make the 9
e xpla na tion.
~10 Is there anyone who hasn't been he ard who would
';il like to make a limited ap earance statement?
Anyone we 12
, haven't heard f rom?
13 There will be o portuni les for those who haven't 14 been heard at future prehearing -conf erences, maybe, or even 15 as we get into evidentiary hearin s, we will make some time 16 av ail able.
II 18 19 21.
22 23 s24
/
25 l
g
4, t
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.i 92 lO5 0'l
' [ mte It will' have to be at a time that doesn't I
2 in'terrupt the proceeding.
We are aoout to close these 3
h.;s ari ngs.
f 4
Let me hold a minute because I have questions from 5
my fe llow ocard memoers.
Let ime have half a minute, please.
J (Pause.)
i CHAIRMAN MILLER:
de would like to have the staff 8
and others explain to all present where -the document room or 9
rooms are, where the materials are filed, where the 10 transcript of this hearing can be seen by the people who are 11 interested.
Could you give us the full information on that?
12 MR. KARMAN:
Thank you, Mr. Chairman.
m 13 Ladies and gentlemen, the Nuclear Regulatory I '.
l-4 Commission maintains a p,ublic document room in Washington
^
15 for general dissemination of information, and for each
.16 licensing proceeding there has been established a local 17' public document room.
The one for the Braidwood proceeding 18 is at the Milmington Public Library in Wilmington.
19 (
We tried to get a' library that is f airly 20 accessible for the site itself, so that it is convenient for 21 those who are interested.
22 When the Commission issues any of its evaluations, 23 documents; notices, they are all placed in the docket file 24 at sthis dilmington Public Lib ary.
I' don't know the hours 25 that nthe library is open.
a.
(
1 4
-~--<---.--#
,m---.
_,h
._________..g,
O 61 B2 05 02
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.Each document issued from dashington, a copy of 2
such is s nt to the Wilmington Library so that the general 3
puolic can have an ongoing knowledge of all that has-4 transpired in the course of the year, not only with respect 5
to the scheduling and the hearing itself, but for the review 6
taking place during the course *of the ongoing hearing.
i As the Chairman indicated, in asking me before 8
when the prospective dates would be for the filing of the 9
staff papers,.I gave those dates -- June '81, Septemoer '80, 10 Feoruary '81 -- which means that the staf f is now reviewing 11 the application of the Commonwealth Edison for the. operating 12 license at 3raidwood.
13 When it has completed its review, it will issue a
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14 safety evaluation, a draf t environmental statement, which 15 when issued gives a certain period of time for anybody to 16 c o mme nt.
You send those comments to the. Commissi~on, after 17 which the Commission considers the comments and then enters 18 a final environmental statement.
19 This is out in the open.
Everything we do is 20 public knowledge.
21 We have the Washington document room and 'the 22 identical documents are sent to the local public document 23
. room.
If there is any difficulty in obtaining liberal 24 access to the Wilmington Library, if you feel the documents 23 have not been received, I would appreciate it if someone o
f, c
e
62 92 05 03
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would get in touch with me and I will straighten the 2
situation out if I can.
3 de are making every effort to keep the puolic 4
f ully advised of the Commission action with regard to the 6
application.
6 CHAIRMAN MILLER:
Let me ce sure.
Does eve ryone i
know where the public document room in Wilmington is 8
located?
Does anyone have a difficulty in finding it or 9
knowing when it might be used?
10 MR. KARMAN:
The address is 201 South Kankakee 11 Stree t, Wilmington, Illinois.
12 CHAIRMAN MILLER:
Are the hours reasonably available to the puolic?
13 l.4 MR. KARMAN:
I don't know the hours.
16 CHAIRMAN MILLEk If any of you have a problem, 16 get in touch with Mr. Karman, staff counsel, and you will 17-find the staff will cooperate in trying to make available to 18 you materials and to answer questions such as this.
If 19-they are not, they will tell you where you can seek answers.
20 There is another matter which came up in the 21 course of the limited appearance statements, with reference 22 to mine shafts.
The board would like that question 23 exp ored, so that at the appropriate time we have data and 24 evidence insof ar as it's a matter that the coard should know 25 about.
That is a matter the board has an int rest in, r
k e
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63 92 05 04 b.mte i
We are ' ready to conclude the hearing.
Is there 2
anyone who has not had an opportunity to state his or her.
3 views?
This is not your last chance; it's your first, 4
really.
It's a little premature.
5 MS. TOPOLSKI:
My concern is why people haven't 6
had the opportunity to educate' themselves as to what we are e
dealing with.
8 CHAIRMAN MILLER:
Your participation in this 9
ongoing process will help in that.
You are part of an i
10 ongoing process of learning that we are all engaging in.
11 The board, which proceeds only on evidence, is being 12 educated by all of you in varying ways.
Keep up our 13 education.
l4 MS. TOPOLSKI:
I'm-talking about the population 15 o utsi de.
de live in a nuclear age.
16 MR. HOSS:
Right where they are at now, it's a 17 stripmine area.
All the way around that is old shaf t mines, 18 like the lady is talking about.
Right.where the Morris dump 19 area is, that is all old shaf t area.
All over this area is 20 ol'd shaft mining areas.
21 This will all be saturated in underground water.
22 I have worked in the construction business and lived in this 23 area all my life.
Both these ladies are-right.
24 CHAIRMAN MILLER:
We have asked staff and 25 Applicant to get their experts and make the appropriate r.
64 92 05 0'5
.(.mte i
studies and give us the data, good, oad and indifferent.
We 2
want the facts submitted.
You will be here and watching as 3
it comes forth from the witnesses.
4 de have the stipulation of the parties regarding 5
the scheduling and conduct ofi the hearings.
We need a 6
chance to study this further and we will comment on it.
Any
/
comme nts you have, we will review it and it will be the 8
subject of our consideration.
I can't tell you now what we
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9 will do.
10 As f ar as the stipulation is concerned, it hasn't 11 been signed.
I assume it has been reviewed., Are the 12 parties able at this time to indicate whe the r or not they 13 are in agreement with it as a stipulation?
N.
f4 MR. KARMAN:
Staff is in agreement with it.
15 MR. GORDON :
I' have no objection.
~c_
16 M3. ROREN:
I have no objection.
l Ir MR. MI LLER:
Obviously we have no objection, 18 Mr. Chairman.
19-CHAIRMAN MILLER:
We will take it as being a 20 s tipu lation.
I can't guarantee the board will stick to it, 21 but we have the responsibility for controlling the flow of 22 the proceedings and we try to accommodate the parties to the 23 extent we can.
We will review-it and it will be contained 24 in the special prehearing conference order of this date.
23 Thank you very much.
I (Whereupon, the proceeding was concluded.)
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