ML20209H227

Petition of Toledo Coalition for Safe Energy & SA Carter for Leave to Intervene & Request for Adjudication Hearing. Intervenors Oppose Util Petition to Bury Low Level Radioactive Dredgings Onsite.W/Certificate of Svc

ML20209H227
Person / Time
Site:	Davis Besse
Issue date:	11/06/1985
From:	Lodge T LODGE, T.J., TOLEDO COALITION FOR SAFE ENERGY
To:	NRC COMMISSION (OCM)
References
CON-#485-095, CON-#485-95 ML, TAC-52484, NUDOCS 8511110036
Download: ML20209H227 (5)

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UNITED STATES OF AMERICA g" NUCLEAR REGULATORY COMMISSION i-In the-Matter of: ) Docket No. 50-346

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TOLED0' EDISON CO., AND CLEVELAND )

ELECTRIC ILLUMINATING CO., )

.(Davis-Besse Nuclear Power )

Station, Unit No. 1) )

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PETITION OF TOLEDO COALITION FOR SAFE ENERGY AND SUSAN A. CARTER FOR LEAVE '"O INTERVENE ON RADI0 ACTIVE SLUDGE DISPOSAL ISSUE

[ND FOR ADJUDICATION HEARING Now come the Toledo Coalition for Safe Energy (hereinafter "TCSE) and Susan A. Carter, by and through counsel, and move the Commission for leave to intervene in the proceeding wherein Toledo Edison Co., and Cleveland Electric Illuminating Co..(hereinafter " Licensees") seek ' approval from the Commission to bury low-level radiactive dredgings on site at the Davis-Besse Nuclear = Power Station complex in Ottawa County, Ohio. Intervenors support this Petition with the accompanying Memorandum.

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/Thriy Jonathan Lodge 618lN.MichiganStreet(

Suihe 105 Tolddo, Ohio 43624 Phone: (419) 255-7552 l

-851't10036 851106 PDR ADOCK 05000346' O. PDR

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1. Intervenors By_a notice entitled "Environmeatal Assessment and Finding of No Significant Impact" dated October 8, 1985 and which appeared in the October 9, 1985 Federal Register (50 FR 41265), the Nuclear Regulatory Commission staff concluded that the.open pit burial of low-level radioactive sludge at Davis-Besse would have no significant effect on the quality of the human environ-

< ment, g.; Petitioner Toledo Coalition for Safe Encrgy Inc..-("TCSE") is a nonprofit Ohio corporation the address of which is P.O. Box 4545, Toledo, Ohio 436 20. TCSE has a membership of 150 members and its purposes are to oppose nuclear energ'y on a variety of health and safety grounds, while promoting safe, renewable alternative energy sources. At least 80% of TCSE's members live in the greater Toledo, Ohio area, within a radius of approximately 20 to 40 miles from Davis-Besse. Toledo, like Davis-Besse, rests on the rim of Lake Erie.

TCSE's members share air and water resources in common with Licensees and specifically Davis-Besse.

PetitionerSusanCarterisanindividuakwhoresidesat2975ll3th Street, Toleda, Ohio 43611. She owns her house, which is located in Toledo's

" Point Place" neighborhood. Her property is found on.the northeastern shore of Maumee Bay, a large bay of western Lake Erie. Ms. Carter owns a limited riparian interest, as her real estate includes shoreline on the Bay. She resides within about 21 miles of Davis-Besse.

2. Grounds for Intervention Petitioners seek leave to intervene in this license modification proceeding and to oppose the grant of permission to Licensees to accomplish

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_t-s the dumping or landfilling of radioactive material at the Davis-Besse site for any purpose.

The specilic intervention contentions are:

1. The proposed dumping method will place unencapsulated radioactive sludge in unlined soil no more than 2 to 5 feet above groundwater supplies emptying into, or emanating from, Lake Erie. The farthest point of the Davis-Besse compound is about 1 to 11 miles from the lake. The Licen-sees have made no provision to prevent leaching, flooding, or other waterborne transport of sludge into Lake Erie or its tributaries.

2. The proposal mentions no methods, other than a thin layer of soil, which would prevent wind erosion, or other migration of radiation into the air.

3. Licensees and the Nuclear Regulatory Commission have failed to discharge all of the responsibilities to assess this proposed change in light of the National Environment Policy Act of 1970 and the Atomic Energy Act.

4. The Licensess' own calculations grossly misrepresent by under-statement the potential radiation emissions from the proposed dumping practice.

6. The proposal implicitly and without specific exclusion seeks release of the Davis-Besse site for unrestricted use for radioactive garbadge disposal when the plant is decommissioned.

6. The sludge accumulation and dredging process is inaaequately described to ascertain the safety of the proposed methodotogy.

7. Provisions for ensuring safety of Toledo Edison workers, both those involved in the burial and others working at the plant, are insufficiently described.

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8. The dumping method proposed contradicts NRC and other federal standards for radioactive waste disposal.

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9. The costs and benefits are inadequately assessed, in deroga-tion'of feds al law and common sense.

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10. No provisions for ongoing monitoring of the status of the

' dumped material by an independent, noncorporate entity are mentioned ~, or apparently even considered necessary,'yet the proposed methodology is nothing

.more than an .periment.

11. No discussion of emergency potential is stated, nor any precautions to handle such that might arise. .

12. No plan for funding the cleanup of or liabilities for any environmental damages is stated, yet the proposed activity would appear to be outside the coverages of the Price-Anderson Act.

13. No provisions are stated for monitoring water quality at

~ distances from the plant. Toledo's main water intakes from Lake Erie are along the southern shore-only about 15 to 18 miles west of Davis-Besse.

The city-of Port Clinton is partially within Davis-Besse's. emergency planning cone (EPZ). There is no discussion of how radiation levels at relevant pop-ulation centers would be monitored, nor how radiation might be measured at points of recreational population concentrations, such as Crane Creek State Park or Cedar Point amusement park. There is no proposed monitoring' of radia-tion levels Magee Marsh or Crane Creek Park's swamp and marsh areas, which comprise a major food habitat for migratory fowl located near Davis-Besse.

14. No provisions are stated to prevent the erosion of the top-soil cover of the dumping. area.

15. There is no demonstrated workability of the planned dumping scheme, rather the Licensees' smug conjectures to that effect.

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3. Conclusion intervenors state that the foregoing contentions are grounds for adjudication, and demand same to occur prior to any dumping of radioactive

~ material into the ground at the Davis-Besse site. If the Commission-were to allow Licensees to accomplish the proposed dumping, Petitioner's interest in radiation-free air, water and soil would be irreparably damaged.

WHEREFORE, Petitioners pray the Commission grant them leave to intervene upon all of the foregoing contentions; that these matters be set for hearing; and that Licensees' request be wholly denied.

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Terry Jonathan Lodge

.(618N.MichiganStYeet Suite 105 Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Intervenors CERTIFICATION I hereby certify that a copy of the foregoing " Petition of Toledo e

Coalition for Safe Energy and Susan Carter for Leave to intervene on Radioactive Sludge Disposal Issue and for Adjudication" was'sent by me via U.S. Mail, posta'ge prepaid, to the following this 6th day of November, 1985:

Shaw Pitman, Potts & Trowbridge Executive Legal Director 1800 M. St. N.W. U.S. Nuclear Regulatory Commission Washington, D.C. 20036 Washington, D.C. 20555

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Terry j'fonathan Lodge 618/NJ Michigan Streett Suite 105 Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Intervenors

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