ML20212F643

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Transcript of 860806 Limited Appearances Session in Sandusky,Oh.Pp 510-566
ML20212F643
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 08/06/1986
From:
Atomic Safety and Licensing Board Panel
To:
References
CON-#386-342 ML, NUDOCS 8608130361
Download: ML20212F643 (59)


Text

__ .-. . - _ _ _

OllGWA L UlN11ED STATES O NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-346-ML TOLEDO EDISON COMPANY, et al.

(Davis-Besse Nuclear Power Station)

I LIMITED APPEARANCES SESSION O

LOCATION: SANDUSKY, OHIO PAGES: 510 - 566 DATE: WEDNESDAY, AUGUST 6, 1986

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o l .

ACE-FEDERAL REPORTERS, INC.

Q OfficialReporters 444 North CapitolStreet acm Joy: E o80o Washington, D.C. 20001 eoo anacs o 500 0.; s (202) 347-3700 r "tm NATIONWIDE COVERACE

510 1 UNITdD STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l 4 - - - - - - - - - - - - - - - - - -X 5 IN THE MATTER OF:  :

6 TOLEDO EDISON CO., ET AL.  : DOCKET NUMBER

50-346-ML 7 (DAVIS-BESSE NUCLEAR POWER STATION):

8 - - - - - - - - - - - - - - - - - -x l

9 SANDUSKY HIGH SCHOOL ROOM 300 10 2130 HAYES AVENUE SANDUSKY, OHIO 11

~

WEDNESDAY,. AUGUST 6, 1986 12 7:00 P.M.

('x 13 - - -

i 14 LIMITED APPEARANCE STATEMENTS 15 - - -

16 BEFORE:

17 JUDGE HELEN F. H0YT, CHAIRMAN JUDGE d.R. KLINE 18 ATOMIC SAFETY AND LICENSING BOARD j U.S. NUCLEAR REGULATORY COMMISSION 19 WASHINGTON, D.C. 20555 20 21 )

i 22  !

i  !

l 23 1 I

I 24 '

(y'3 25 ,

)

l

511 1 PRESENT:

2 RUSSELL MARABITO, N.R.C. PUBLIC LIAISON OFFICER 3

QN_aEBALE_RE_ LICENSEE 2_lGLEQQ_EQ110N_QQ :

4 DAVID R.A. LEWIS, ESQ.

5 SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M STREET, {

N.W.

! 6 WASHINGTON, D.C. 20036 I

7 TED MYERS, DIRECTOR OF LICENSING, TOLEDO EDISON CO.

8 QM_EEBALE_QE_IME_11AIE_QE_Qhla:

9 ANTHONY J. CELEBREZZE, JR., ESQ.

10 ATTORNEY GENERAL OF OHIO 11 BY JACK A. VAN KLEY, ESQ.

ASSISTANT ATTORNEY GENERAL 12 STATE OFFICE TOWER 3 30 EAST BROAD STREET, 17TH FLOOR x ') 13 COLUMBUS, OHIO 43215

%J 14 BY EDWARD LYNCH, ESQ.

ASSISTANT ATTORNEY GENERAL 15 0 D.N.R., DIVISION OF WILDLIFE FOUNTAIN SQUARE, BUILDING C 16 COLUMBUS, OHIO 43224 17 QM_aEHALE_QE_1 Q E _ANQ_IME_CQNEUMERE LEAEME_QE_Qdla:

18 GENEVIEVE COOK 19 CLEVELAND, OHIO 20 21 22 '

23 25 l

l

. 512 1 c_n_a_I_E_a_I_s O 2 sEEAKER gagg 3 DOROTHY ANGEL -

518 i

4 NOREEN GEBAUER 529 5 CHARLES M. JASENSKY 534 6 MARILYN R. SHEARER 537 7 DINI SCHUT 539 8 LAWRENCE d. LUCAS 542 9 DR. A. J. OLIVER 552 10 W. F. KISH 555 11 LOUIS TOKAR 556 12 RUTH MAHLER 560 13 KEVIN d. ZEIHER 561 14 ---

15 16 (15 l 17 l 18 l 19 l

l 20 21 22 i 23 j gm 24 I Ns 25

. 513 2 1 P R 0 C E E D I N G S

'\~j 2 - - -

3 JUDGE H0YT: WILL THE HEARING 4 COME TO ORDER.

5 THIS HEARING HAS BEEN CONVENED IN l 6 ACCORDANCE WITH THE ORDER ISSUED ON MAY 29, 1986, 7 AS FURTHER AMENDED, TO PROVIDE FOR THE HEARINGS TO 8 BEGIN THIS EVENING, AUGUST THE 6TH, 7:00 TO 10:00 9 P.M. THESE ARE LIMITED APPEARANCE STATEMENTS 10 ONLY. THERE ARE NO EVIDENCE TO BE TAKEN THIS 11 EVENING. THE FOCUS OF THE LIMITED APPEARANCE IS 12 TO RECEIVE THE PUBLIC'S INPUT.

{N y i 13 I'D LIKE TO INTRODUCE MY COLLEAGUE, WHO wJ 14 IS THE TECHNICAL ADVISOR HERE, AND SEATED 15 IMMEDIATELY TO MY RIGHT, JUDGE JERRY KLINE. JUDGE 16 KLINE IS AN EN\IRONMENTAL SCIENTIST AND, AS SUCH, 17 HAS BEEN DEEPLY ENGAGED IN WORK WITH THIS l 18 COMMISSION FOR A NUMBER OF YEARS.

19 I'D LIKE TO INTRODUCE TO YOU, ALSO FROM 20 'THE NUCLEAR REGULATORY COMMISSION, MR. RUSSELL

! 21 MARABITO, WHO IS STANDING HERE EAGERLY AWAITING 22 ANY REGISTRATION FOR PERSONS WHO WISH TO ENTER A 23 LIMITED APPEARANCE THIS EVENING.

24 I WILL ALSO INTRODUCE TO YOU THE COUNSEL 25 FOR THE VARIOUS PARTIES, SOME OF WHOM ARE HERE

1

. 514 !

I 1 WITH US THIS EVENING.

i 2 FOR THE STATE OF OHIO, WOULD YOU PRESENT 3 YOURSELF AND YOUR COLLEAGUE, SIR?

4 MR. VAN KLEY: OKAY. THANK YOU, 5 YOUR HONOR.

6 MY NAME IS JACK VAN KLEY. I'M WITH THE 7 OHIO ATTORNEY GENERAL'S OFFICE REPRESENTING THE )

8 STATE OF OHIO. WITH ME IS ED LYNCH, WHO IS ALSO ,

9 WITH THE OHIO ATTORNEY GENERAL'S OFFICE 10 REPRESENTING THE STATE OF OHIO.

11 JUDGE HOYT: AND WE ALSO HAVE j 12 MISS --

(j 13 MS. COOK: YES, I'M GENEVIEVE 14 COOK, AND WE'RE WORKING WITH AN INTERVENING GROUP, 15 THE CONSUMERS LEAGUE OF OHIO, 5.0.5. -- OH, I'M 16 SORRY.

17 I'M GENEVIEVE COOK. WE ARE AN 18 INTERVENING GROUP, TWO ORGANIZATIONS AND TWO 19 INDIVIDUALS. THE ONE IS S.O.S., OR SAVE OUR STATE 20 FROM RADIOACTIVE WASTE, AND THE OTHER CONSUMERS 21 LEAGUE FOR OHIO, ARNOLD GLEISSER AND MYSELF, AND 22 DOROTHY AUSTIN HERE FROM THE CONSUMERS LEAGUE.

23 JUDGE HOYT: THANK YOU.

(~N 24 MR. MYERS: THANK YOU, YOUR V

25 HONOR. MY NAME IS TED MYERS, NUCLEAR LICENSING

o 515 1 DIRECTOR FOR TOLEDO EDISON, AND TO MY RIGHT IS 2 MR. DAVID LEWIS FROM THE LEGAL FIRM SHAW, PITTMAN, 3 POTTS AND TROWBRIDGE.

4 JUDGE H0YT: THANK YOU. I 5 BELIEVE THAT'S ALL THE COUNSEL WHO ARE HERE THIS 6 EVENING. t 7 DUST VERY BRIEFLY, TO TELL YOU WHAT 8 LIMITED APPEARANCE STATEMENTS ARE AND WHAT WE 9 ANTICIPATE HEARING FROM YOU, THE COMMISSION HAS 10 ESTABLISHED A PROCEDURE, A RULE, THAT PERMITS A 11 PERSON WHO IS NOT A PARTY TO MAKE A LIMITED 12 APPEARANCE BY MAKING EITHER AN ORAL OR A WRITTEN 13 STATEMENT OF HIS OR HER POSITION ON ISSUES. AND f 14 IN ORDER TO REAP FROM THESE ALLOTTED TIMES THE 16 GREATEST BENEFIT IN REACHING A DECISION ON THE 16 MATTERS SET FOR HEARING, I HOPE THAT YOU WILL KEEP 17 YOUR COMMENTS DIRECTED TOWARDS THE ISSUES OF THE 18 BURIAL OF LOW-LEVEL WASTE AT THE DAVIS-BESSE SITE, 19 THE ISSUES THAT HAVE BEEN BEFORE THIS COMMISSION'S 20 BOARD IN THE LAST FEW DAYS HERE.

21 WE'RE GOING TO TELL YOU THAT IN ACCEPTING 22 YOUR STATEMENTS THAT MAY ALERT US TO OTHER AND 23 DIFFERENT DIMENSIONS THAN THAT WE HAVE RECEIVED IN 24 THE EVIDENTIARY PART OF THESE HEARINGS, WE MUST 25 CAUTION YOU THAT THE LIMITED APPEARANCE STATEMENTS

516 1 ARE NOT TO BE CONSIDERED AS EVIDENCE, BUT WHAT THE

. 2 STATEMENTS ARE IS REFLECTIONS OF THE PUBLIC 3 CONCERNS WHICH MAY GENERATE A FURTHER INQUIRY.

4 IT IS MY INTENTION TO PROVIDE YOU WITH 5 THE OPPORTUNITY TO BE HEARD THIS EVENING AND 6 TOMORROW, BUT IT IS NOT MY INTENTION TO MISLEAD 7 YOU INTO BELIEVING THAT YOU WILL RECEIVE 8 SATISFACTION FOR EACH AND EVERY CONCERN THAT YOU 9 MAY EXPRESS HERE TODAY OR TOMORROW. THE 10 OPPORTUNITY TO BE HEARD CANNOT AND DOES NOT ENSURE 11 THAT YOU WILL RECEIVE THE SATISFACTION YOU MAY j 12 DESIRE.

g

( ) 13 IF YOU DO NOT HAVE ORAL TESTIMONY TO GIVE 14 THIS EVENING AND YOU WISH TO SUBMIT A WRITTEN 15 STATEMENT, YOU MAY DO SO BY ADDRESSING IT TO ME AT 16 THE U.S. NUCLEAR REGULATORY COMMISSION IN 17 WASHINGTON D.C. AT 200 --

CORRECTION -- 20555, AND 18 THE WRITTEN STATEMENT WOULD BE PLACED IN THE (

19 DOCUMENT THE SAME AS THE ORAL STATEMENTS THAT WILL 20 BE RECORDED HERE THIS EVENING WILL BE PLACED IN.

21 WE'RE GOING TO LIMIT YOUR STATEMENTS TO 22 SOME REASONABLE AMOUNT OF TIME. WE DON'T 23 NECESSARILY HAVE SUFFICIENT STATEMENTS TO TAKE UP

(~] 24 THE FULL TIME THIS EVENING, BUT WE WOULD ASK YOU V

25 TO USE COMMON SENSE AND REASONABLE DISCRETION IN

517 1 DELIVERING YOUR REMARKS TO US. THERE WILL BE NO O 2 CROSS-EXAMINATION OF YOUR STATEMENT, AND THE RULES 3 0F EVIDENCE ORDINARILY IN FORCE IN EVEN THE MOST 4 INFORMAL OF HEARINGS ARE NOT ENFORCED IN THIS 5 HEARING THIS EVENING.

6 WE ANTICIPATE HAVING THE PLEASURE OF YOUR 7 STATEMENTS. AND WILL ASK MR. MARABITO TO MAKE THE 8 FIRST CALL TO THE PODIUM.

9 MR. MARABITO: ALL INDIVIDUALS WHO 10 WILL BE SPEAKING WILL SPEAK RIGHT WHERE I'M 11 STANDING RIGHT NOW, SO WE'LL ASK YOU TO COME DOWN i

12 H E 'A E , STATE YOUR NAME, AND THEN BEGIN YOUR

() 13 PRESENTATION. ,

l 14 ARE THERE ANY PUBLIC OFFICIALS HERE WHO l

15 WOULD LIKE TO MAKE A PRESENTATION?

16 (NO RESPONSE.)

17 MR. MARABITO: OKAY. FINE.

18 50 FAR I HAVE NINE INDIVIDUALS WHO WISH 19 TO SPEAK. AS EACH ONE IS SPEAKING, I WILL BE IN 20 THE BACK, AND ANYONE ELSE WHO WISHES TO SPEAK AND 21 WHO DOES NOT --

WHO HAS NOT REGISTERED, PLEASE 22 COME UP TO ME, AND I'LL REGISTER YOU IN.

23 THE FIRST PERSON TO SPEAK IS MRS. DOROTHY

(~N 24 ANGEL. MRS. ANGEL IS THE PRESIDENT OF CITIZENS

)

25 LAND AND WATER USE.

. 518 1 MRS. ANGEL: THANK YOU.

. 2 JUDGE H0YT, AND LADIES AND GENTLEMEN, 3

3 IT'S A PRIVILEGE TO BE HERE. ALTHOUGH --

4 MS. COOK: LOUDER PLEASE, INTO 5 THE MICROPHONE.

6 MRS. ANGEL: IT'S A PRIVILEGE TO 7 BE HERE. ALTHOUGH I WAS REJECTED AS AN 8 TNTFCYENOR, AND I WAS SO ANGRY, AND YOU KNOW THAT 9 A WOMAN SCORNED -- HELL HATH NO FURY LIKE A WOMAN 30 SCORNED. SO, ANYWAY, I'VE COOLED OFF SINCE I'VE 11 SEEN ALL OF YOU PEOPLE NERE AND HEARD ALL OF THE 12 QUES 1 IONS AND ANSWERS HERE IN THE LAST COUPLE OF 13 DAYS, 14 THIS IS WHAT WE WROTE TO THE N.R.C. FROM 15 OUR 1974 TOUR OF FLOOD DAMAGE AT SAND BEACH IN 16 CARROLL TOWNSHIP IN OTTAWA COUNTY. WE BELIEVE 17 THAT LOW-LEVEL RADIATION FROM THE TWO SETTLING 18 PONDS ON THE DAVIS-BESSE SITE HAVE BEEN LEACHING 19 INTO LAKE ERIE MUCH OF THE POND'S EXISTENCE, AND 20 THAT AT A MARCH, 1986, LAKE ERIE SPORT FISHING 21 MEETING IN PORT CLINTON, OHIO, A CHARTER BOATER l

22 CHALLENGED AN OTTAWA COUNTY INSPECTOR BY SAYING 23 THAT B O T H 'iO F THE DAVIS-BESSE DIKES WERE IN A l

24 SERIOUS STATE OF DISREPAIP..

25 THESE FACTS ABETTED BY 1986 HIGH LAKE

o 519 l

1 LEVELS GIVE CREDENCE TO LONG-TERM RADIOACTIVE 2 f.EACHING INTO LAKE ERIE FROM DAVIS-BESSE HOLDING 3 PONDS. THAT'S ALL I'LL SAY FROM THAT.

4 AND THEN THE REASON THAT I WAS REJECTED 5 AS PRESIDENT OF CITIZENS FOR LAND AND WATER USE 6 WAS BECAUSE I FAILED TO IDENTIFY INTERESTS OF ANY 7 KIND TO QUALIFY FOR STANDING. SO NOW I WANT TO 8 PRESENT THIS. I GUESS I'LL CALL THIS EXHIBIT 1.

9 BACK IN 1974, WE WERE ASKED TO TOUR AN 10 AREA IN OTTAWA COUNTY, AND WE VISITED THE PEARSON 11 FARM, FARM HOMESTEAD THAT WAS ESTABLISHED IN 1839, 12 IN CARROLL TOWNSHIP, OTTAWA COUNTY, OHIO, ABOUT A Y

(\

() 13 MILE AND A QUARTER FROM LAKE ERIE, AND IT WAS 14 COMPLETELY SUBMERGED FOR THE FIRST TIME IN APRIL 15 1974. NOW, WE FEEL THAT IF THAT WAS SUBMERGED, 16 THEN GOODNESS KNOWS WHAT'S HAPPENING AT THE 17 DA V I S -B E S S E SITE WHICH IS ON NAVARRE MARSH. AND 18 THIS IS EVIDENCE NUMBER ONE.

19 THEN, WE HAVE 11,000 MEMBERS, AND IT'S 20 HARD --

THIS IS FISHING AND BOATING SEASON, AND 21 IT'S HARD TO GET ANYBODY TO COME TO A MEETING, BUT 22 I DO REPRESENT CAPTAIN LOUIS BADMAN AND CAPTAIN \

23 PATRICIA BADMAN, AND THEY ARE --

THEY HAVE A I

(N 24 CHARTER BOATING BUSINESS IN PORT CLINTON, OHIO.

25 THIS IS EVIDENCE NUMBER TWO.

r -

. 520 1 JUDGE H0YT: THANK YOU.

(.) 2 THE WITNESS: AND NOW, I'M NOT 3 SUPPOSED TO BE TALKING ABOUT FISHING, BUT I WILL l l

4 SAY THIS: YOU CANNOT CUT OUT A POUND OF FLESH 5 WITHOUT GETTING A CERTAIN LIQUID WITH IT, SO 6 THEREFORE, IF YOU ARE USING LAKE ERIE WATER AND IT 7 IS COMING INTO THE DAVIS-BESSE PLANT FROM THE 8 SPAWNING AREA OF LAKE ERIE, AND IT'S USED, AND 9 THEN THE RESINS ARE COLLECTED, AND THEN IT GOES 10 INTO SETTLING PONDS, AND IT HAS THE RADIATION, AND 11 IT MAKES ITS ROUTE THROUGH, AND TO GO OUT THE PIPE 12 BACK OUT INTO THE LAKE, THAT'S MY BUSINESS, AND I 13 JUST --

YOU CANNOT DIVORCE LAKE ERIE FROM THE 14 SETTLING PONDS.

15 AND THE REASON THAT WE ARE UPSET ABOUT 16 THIS IS THAT THE ATOMIC ENERGY COMMISSION'S OWN 17 RESEARCH STUDY DONE IN 1969 AT HANFORD, 18 WASHINGTON, IT SHOWS HOW THE RADIATION I 19 RECONCENTRATES IN THE FISH THOUSANDS OF TIMES MORE 20 THAN WHAT'S IN THE AIR AND IN THE WATER. THE 21 PERMISSIBLE AMOUNTS THAT GO INTO THE AIR IN THE 22 NORMAL PLANT OPERATION AND THE PERMISSIBLE AMOUNTS 23 THAT GO IN THE WATER, DISCHARGE INTO THE LAKE, f I

24 GETS INTO THE ENVIRONMENT, AND RECONCENTRATES IN 25 THE FOOD CHAIN. AND HERE IS OUR NEXT ONE. THAT'S l

\

c a

. 521 1 MARKED THERE IN GREEN.

2 JUDGE H0YT: ALL RIGHT. THANK 3 YOU.

4 THE WITNESS: THEN --

NOW, WHY S . ARE WE ALL EXCITED ABOUT --

I BETTER PUT MY 6 GLASSES ON. WHY ARE WE ALL EXCITED ABOUT THE 7 FISH? FOOD IS THE REAL --

THIS IS FROM ONE OF OUR 8 1981 --

SOMETHING THAT GOT IN THE PAPER. FOOD IS 9 THE REAL CRISIS IN THE UNITED STATES.

10 A UNITED STATES FOOD,AND DRUG 11 ADMINISTRATION AGENT ON A TV TALK SHOW SAID THEIR 12 DEPARTMENT DOES NOT HAVE ENOUGH PERSONNEL TO

)) 13 ENFORCE THE BAN ON DES, THE GROWTH HORMONE FED TO 14 UNITED STATES CATTLE THAT CAUSES CANCER IN CERTAIN 13 HUMANS EATING SOME UNITED STATES BEEF. MOST 16 MARKETED CHICKENS ARE NOT ANY SAFER TO EAT THAN 17 BEEF BECAUSE OF OTHER CHEMICALS USED IN THEIR 18 CONTROLLED LIFE C Y C L E'.

19 THE QUALITY FISH IN LAKE ER1E REPRODUCE 20 AND GROW WITHOUT INJECTIONS OF CANCER-CAUSING 21 HORMONES. NO ONE DELIBERATELY LACES.THEIR FOOD 22 WITH UNITED STATES-APPROVED DANGEROUS ANTIBIOTICS, 23 UNSAFE BEEF, UNSAFE CHICKEN. THE FISH IN LAKE

("\

24 ERIE ARE THE ONLY QUALITY PROTEIN ALIVE. AND WE 25 DO NOT WANT ANY RADIATION RECONCENTRATING IN OUR T

. . , _ -- n y 522 -

.f 1 FISH.

~\

(~ ,

2 NOW, LET'S SEE. N'0 W , HERE --

' NOW, WE HAD ,

. y C' 3 TO FIGHT A - LONG TIME.-- WE HAD TO F I G H T f T H El >S.T.,ME .y'?

) 4. OF OHIO IN ORDER TO HAVE THE FISH'-- HAVE THE 5 COMMERCIAL GILL NETS R E MO V E D l S O E TH A T. THE FISH _ .

-6 -COULD SPAWN FREELY. \ g 7 NOW, IN A GOVERNMENT LIKE THE UNITED Re r  %

8 STATES WHERE IT'S GOVERNMENT OF THE. PEOPLE, B YE . T H El r

9 PEOPLE AND FOR THE PEOPLE, PEOPLE ARE-SUPPOSED TO " ;

10 TELL GOVERNMENT AGENCIES AND THE POLITICIANS WHAT 1

l 11 TO DO, AND THE REASON THAT THIS IS SO IMPORTANT l l

l 12 AND WHY --

YOU'LL FORGIVE ME, JUDGE, BUT I FEEL ,

i

() 13 VERY POWERFUL BECAUSE WE WERE SUCCESSFUL IN k

14 GETTING THE GILL NETS OUT, AND OHIO HAS BECOME THE t <

15 WALLEYE CAPITAL OF THE WORLD, AND THE PERCH ARE l 4 l 16 COMING BACK, AND I'M JUST THRILLED ABOUT THE WHOLE 17 THING BECAUSE WE HELPED DO IT.

18 NOW, BACK IN 1938 --

HERE IS A LETTER

{

19 THAT WAS SENT TO PRESIDENT ROOSEVELT, AND THE s 20 GREAT LAKE STATES WERE ASKING FOR A MEETING, AND 21 THE REASON --

AND CANADA --

AND THE REASON THEY 22 WERE ASKING FOR A MEETING WAS BECAUSE OHIO REFUSED l

23 TO KEEP THE COMMERCIAL GILL NETTERS OUT OF THE 24 MAIN --

OUT OF THE SPAWNING AREAS DURING THE MAIN l 25 SPRING SPAWNING TIME, AND THEY WERE TAKING THE I

l I

-~ _ . . _ . . _ . - .--, _ _ _ -- --- ~._--- - -.- - ---- - - 1

523 1 FISH BEFORE THEY HAD A CHANCE TO SPAWN. NOW q

(,) 2 THEY'RE ABLE TO SPAWN. 50 HERE IS THAT LETTER.

3 THEN --

LET'S SEE. NOW, IN ORDER TO GET 4 THIS OUT --

HERE, WAIT A MINUTE. I'VE GOT --

THIS 5 IS VERY IMPORTANT STUFF HERE.

6 OUR ORGANIZATION, WE WENT TO --

IN THE 7 DAYS THAT WE WERE TRYING TO BRING THE FISH BACK 8 OURSELVES BEFORE THE GILL NETS WERE REMOVED, WE 9 WENT TO FREMONT, OHIO, AND STRIPPED THE WALLEYE 10 AND THE MILT FROM THE FISH, BROUGHT THE FERTILIZED 11 ROE BACK TO THE CUYAHOGA COUNTY AREA, AND DIVERS 12 VOLUNTEERED AND PLANTED THE FERTILIZED WALLEYE ROE 13 IN OUR AREA, AND THEY --

THE GUYS SAY "IF THE FISH 14 HAS AN "A" ON ITS TAIL, IT'S ONE OF MRS. ANGEL'S."

15 50 ANYWAY --

NOW HERE IS ANOTHER 16 IMPORTANT THING ABOUT DOING WHAT THE PEOPLE WANT.

17 STATE SENATOR TIM MC CGRMICK, AT THE TIME, HE 18 PRESENTED A BILL, SENATE BILL 311. IT DIED IN 19 COMMITTEE, BUT HE CRACKED THE STATE OF OHIO, OHIO 20 DEPARTMENT OF NATURAL RESOURCES, AND THE OHIO 21 WILDLIFE DIVISION BECAUSE THEY WERE CATERING TO l 22 COMMERCIAL NETTERS WHO WERE A SPECIAL INTEREST 23 THAT WERE COSTING THE STATE MONEY.

24 NOW THE STATE OF OHIO IS MAKING MONEY )

25 HAND OVER FIST ON THE THE SPORT FISHERMEN AND THE l i

~

~1

. 524 1 CHARTER BOATERS AND THE PLEASURE BOATERS. THOSE 2 ARE TWO ~ VIABLE BUSINESSES THAT ARE GROWING IN THE 3 STATE OF OHIO, AND THOSE BUSINESSES CANNOT MOVE 4 SOUTH,.AND WE DO NOT WANT RADIATION 5 RECONCENTRATING IN THOSE FISH. AND HERE IS A 6 PICTURE OF TIM MC CORMICK AND MYSELF IN 1981, WHEN 7 WE PLANTED SOME OF THE EGGS.

8 NOW, WHAT I WANT TO FINISH TELLING YOU 9 ABOUT TIM MC CORMICK IS: HE RAN FOR AN OFFICE, '

i 10 AND HE DIDN'T THINK HE WOULD WIN BECAUSE SOMEBODY 11 SAID, "WELL, WE NEED A DEMOCRAT TO RUN AGAINST 12 THIS REPUBLICAN," AND SO HE SAID, "ALL RIGHT, I'LL 4

13' 00 IT."

14 SO HE RAN, AND WHEN HE WAS IN HIS 15 CAMPAIGN OFFICE, HE WAS THERE ALL BY HIMSELF.

16 NOBODY THOUGHT THAT HE WOULD WIN, BUT OUR 11,000 17 FISHERMEN AND BOATERS, THEY HELPED HIM WIN, AND HE 18 WAS SO SURPRISED WHEN THE TV CAMERAMEN CAME INTO 19 HIS CAMPAIGN OFFICE TO TAKE PICTURES, AND HE WAS 20 A '. L BY HIMSELF TAKING DOWN THE SIGNS AND THINGS TO 21 CLEAN UP THE PLACE, AND li d HAD WON, AND IT WAS 22 THANKS TO THE FACT THAT HE DI D WHAT THE PEOPLE 23 WANTED HIM TO D0.

l 24 I GAVE YOU THIS, DIDN'T I?

25 JUDGE H0YT: YES, MA'AM, WE HAVE I

i

525 1 IT.

2 MRS. ANGEL: OKAY. I DON'T WANT 3 TO GIVE YOU TOO MANY.

4 ALL RIGHT. NOW, HERE IS WHAT WE SAID TO 5 MR. BEN GAYTH (PHONETIC), WHO WAS THE CHAIRMAN 6 WHEN WE WERE TRYING TO GET SENATE BILL 311 OUT OF 7 COMMITTEE AND TO BE VOTED ON. WE SAID WALLEYE AND 8 PERCH ARE QUALITY FISH NATIVE TO LAKE ERIE. THESE 9 QUALITY FISH BELONG TO THE PEOPLE, RICH AND POOR.

10 THE POOR SCRIMP TO PAY 67.75 FOR AN OHIO FISHING 11 LICENSE. THEY HAVE NO BOATS, NOR DO THEY HAVE THE 12 PRICE OF A BOAT TRIP TO THE WESTERN END OF LAKE 13 ERIE WHERE THE WALLEYE HAVE BECOME PLENTIFUL IN 14 THE ABSENCE OF GILL NETS.

15 POOR PEOPLE FISH ALONG THE SHORELINE 16 HOPING TO CATCH THEIR DINNERS TO SUPPLEMENT THEIR 17 MEAGER OR FIXED INCOME. BY ALLOWING THE 18 PROLIFERATION OF GILL NETS IN OHIO'S --

LAKE 19 ERIE'S CENTRAL B A S,I N WATERS, THE OHIO WILDLIFE 20 DIVISION HAS BEEN DISENFRANCHISING THE POOR 21 LICENSED ANGLERS OF THEIR GOD GIVEN PRIVILEGE, THE 22 PRIVILEGE OF CATCHING QUALITY FISH, WALLEYE AND 23 PERCH.

24 THIS IS A GROSS MISMANAGEMENT OF A 25 NATURALLY RENEWABLE RESOURCE THAT BELONGS TO THE I

520 1 PEOPLE. DO NOT COMPROMISE. VOTE FOR SENATE BILL (y

m) 2 311. WELL, IT DIED IN COMMITTEE, BUT WE GOT THE 3 NETS OUT ANYWAY.

4 JUDGE H0YT: THANK YOU.

5 MRS. ANGEL: NOW, I'M GOING TO 6 INDULGE MYSELF HERE BECAUSE THERE ARE S0 MANY LIES 7 THAT COME OUT OF UNIVERSITIES AND SO MANY LIES 8 THAT COME OUT OF FIGURES FOR --

FROM DIFFERENT 9 GOVERNMENT DEPARTMENTS, 50 THIS ARTICLE APPEARED 10 IN THE PAPER ABOUT THE STURGEON WAS KING IN LAKE 11 ERIE, AND THIS PERSON AT ONE OF OUR UNIVERSITIES 12 HAD WRITTEN THE ARTICLE, 50 I WROTE HIM A LETTER, 13 AND I WAS DISCREDITING WHAT HE SAID, AND I SAID, 14 "MY FACTS ARE FROM OLD MEN WHO LIVED AT THE TURN 15 0F THE CENTURY. THERE WAS NEVER A DEMAND FOR 16 DOMESTIC CAVIAR, TONAGE HARVESTED NOTWITHSTANDING.

{

17 "THE STURGEON WAS TOO LARGE FOR 18 RETAILING. HOUSEWIVES BOUGHT STURGEON BY THE 19 SLICE FROM HORSEDRAWN FISH WAGONS. STURGEON 20 GLUTTED THE MARKET. THEY WERE SOLD FOR 25 CENTS 21 TO 35 CENTS A FISH TO FARMERS WHO CAME TO THE 22 PIERS WITH FLATBED WAGONS AND HAULED THEM AWAY FOR 23 FERTILIZER.'  ;

, (~3 24 "AT THE END OF THE DAY, THE REMAINING

\  ;

~

25 ODIOUS STURGEON STACKED LIKE CORD WOOD WERE DOUSED l

l

527 2

^

l WITH KEROSENE AND BURNED AT THE PIERS."

2 NOW, YOU COULDN'T DO THAT TODAY, YOU 3 KNOW, BECAUSE OF THE POLLUTION LAWS.

5 4 " STURGEON WERE A NUISANCE TO COMMERCIAL 5 NETTERS. THEY WERE SO LARGE AND STRONG THEY TORE 6 THE FISHING NETS CAUSING ENDLESS HOURS OF REPAIR.' -

7 " SILTATION MAY HAVE CAUSED THE LOSS OF 8 SOME STURGEON IN LAKE ERIE, BUT OVER HARVESTING i 9 DURING THE SPAWNING SEASON IS WHAT REALLY DID THEM 10 IN. IT WAS THE OMISSION OF THE IMPORTANT FACT OF =

11 OVER HARVESTING THE FISH IN LAKE ERIE BY 12 COMMERCIAL NETTERS IN THE ELalN_ REALER ARTICLE IN L

E () 13 WHICH REFORTER KARL ROMANSKI GAVE YOUR ALLEGED -

. 14 VIEWS ON THE FISH IN LAKE ERIE THAT STIRRED ME TO 15 SET THE RECORD STRAIGHT.'

16 "DR. ERINSON, ON THE TELEPHONE YOU TOLD 17 ME YOUR INFORMATION ON LAKE ERIE POLLUTION WAS 18 FROM A 1974 REPORT. THAT IS ALMOST EIGHT YEARS 19 AGO. A LOT OF MONEY HAS BEEN SPENT ON POLLUTION 20 CONTROL SINCE 1974. SINCE THE NEWSPAPERS DO QUOTE

= 2 21 YOU, IT IS IMPORTANT THAT YOU KNOW FIVE WALLEYE 22 WERE CAUGHT JULY 4TH, 1979, IN THE CUYAHOGA RIVER 23 NAVIGATION CHANNEL NEAR D'P005.'

24 " EARLIER THAN 1979, THERE HAVE BEEN 25 ENOUGH FISH IN THE CUYAHOGA RIVER SO THAT MANY OF

1 o 528 1 THEM ARE DRAWN ON THE WATER INTAKE SCREENS OF

')

ss 2 INDUSTRIAL PLANTS. ARE THESE FISH REALLY UNFIT TO 3 EAT BECAUSE OF MERCURY, PESTICIDES AND PCB'S AS 4 ALLEGED IN THE ELAIN_QEALER ARTICLE NOVEMBER 15TH, 5 1981?'

6 "THIS IS THE SAME MONTH WALLEYE SOLD FOR 7 65.29 A POUND AND PERCH SOLD FOR S4.39 A POUND.

8 THESE ARE HIGH PRICES FOR UNSAFE FISH. ISN'T IT 9 ILLEGAL TO SELL CONTAMINATED FOOD?'

10 "I WAS JUST INFORMED THAT THE UNITED 11 STATES EPA HAS GRAPHS SHOWING THE DECLINE OF 12 MERCURY, PESTICIDES AND PCB'S IN LAKE ERIE FISH.

g 13 THE LOU GRANT SHOW DEPICTS NEWSPAPERS AS BEING FAR 14 MORE ETHICAL AND ACCURATE THAN THE CLEVELAND DAILY 15 NEWSPAPERS HAVE EVER BEEN. THE TRUTH IN THIS 16 MATTER IS IMPORTANT TO ME."

17 JUDGE H0YT: MS. ANGEL, YOU HAVE 18 ABOUT 15 MINUTES NOW. IS THAT ABOUT IT?

19 MRS. ANGEL: THAT'S IT. I WON'T 20 BORE YOU ANYMORE.

l 21 JUDGE H0YT: THANK YOU.

22 MRS. ANGEL: THANK YOU SO MUCH 23 FOR YOUR KINDNESS.

24 JUDGE H0YT: YOU'RE WELCOME.

25 THANK YOU.

o 523 1 MR. MARIBITO: THE NEXT SPEAKER IS r3 x_) 2 GEORGE ZATROCH, SHEFFIELD LAKE.

3 ANYONE WITH THE NAME THAT SOUNDS LIKE 4 GEORGE ZATROCH?

5 FROM THE FLOOR: GEORGE ISN'T HERE.

6 HE HAS A WHITE BEARD. REMEMBER HIM? HE HAD A RED 7 SUIT ON OF SOME KIND.

8 MR. MARIBITO: LIKE SANTA CLAUS.

9 FROM THE FLOOR: RIGHT, HE DID.

10 MR. MARIBITO: HE'S NOT HERE?

11 FROM THE FLOOR: NO.

12 JUDGE HOYT: IN NEAT PANTS, BY 13 THE WAY.

14 FROM THE FLOOR: THAT'S RIGHT. I 15 NOTICED THAT.

16 MR. MARIBITO: IN THE ABSENCE OF 17 GEORGE, NOREEN GEBAUER, G-E-B-A-U-E-R. MS.

18 GEBAUER IS FROM THE LEAGUE OF WOMEN VOTERS IN 19 ROCKY RIVER?

20 MS. GEBAUER: THAT'S RIGHT.

21 JUDGE H0YT: PLEASE, M A ' AM .

l l

22 MS. GEBAUER: THANK YOU, oUDGE.

23 JUDGE H0YT: GOOD EVENING.

24 MS. GEBAUER: GOOD EVENING.

25 JUDGE H0YT AND COUNSEL FOR THE STATE AND l

r '

530 1 COUNSEL FOR TOLEDO EDISON, NY NAME IS NOREEN

(

-- 2 GEBAUER. I'M NATURAL RESOURCES CHAIR OF THE 3 LEAGUE OF WOMEN VOTERS OF ROCKY RIVER, AND I'M A 4 DIRECTOR OF THE LEAGUE OF WOMEN VOTERS OF CUYAHOGA 5 COUNTY.

6 THE LEAGUE OF WOMEN VOTERS HAS DEVELOPED 7 SPECIFIC CRITERIA FOR EVALUATING THE SUITABILITY 8 0F SITES FOR RADIOACTIVE WASTE TREATMENT STORAGE 9 AND DISPOSAL FACILITIES. IT WAS DETERMINED THAT 10 THESE SITES SHOULD BE LOCATED AWAY FROM NATURAL 11 HAZARD AREAS SUBJECT TO FLOODING AND AWAY FROM 12 DRINKING WATER SUPPLY SOURCES.

() 13 IN FEBRUARY OF THIS YEAR, THE MIDWEST 14 INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION l

15 PUBLISHED A REGIONAL MANAGEMENT PLAN, DATED 16 FEBRUARY 28TH, 1986, PAGES 1 THROUGH 5, WHICH 17 CATEGORIZED LOW-LEVEL RADIOACTIVE WASTES INTO 18 CLASS A, 8 AND C.

?

19 CLASS A WASTES ARE THOSE WHICH ARE 20 RELATIVELY INNOCUOUS. CLASS B WASTES ARE THOSE 21 WHICH WILL DECAY TO A LEVEL WHICH PRESENT AN 22 ACCEPTABLE HAZARD TO INTRUDERS WITHIN ONE HUNDRED 23 YEARS. CLASS C WASTE WILL DECAY TO SAFE LEVELS 24 WITHIN 500 YEARS. j 25 THE NUCLEAR REGULATORY STAFF REPORT,

531 1 FEDERAL REGISTER, OCTOBER 9TH, 1985, WHICH GAVE AN (9

ss' 2 APPROVAL TO-THE LICENSEES FOR ON-SITE DISPOSAL 3 STATED, AND I QUOTE: "FOR LARGER TUBE LEAKS THE 4 CONTAMINATION LEVEL COULD BE SUBSTANTIALLY 5 GREATER."

6 IF SUBSTANTIALLY GREATER, THEN THE LEAST 7 OF THE ABOVE CLASSES, THEN THE WASTE COULD BE 8 CLASS B WASTE OR COULD BE CLASS C WASTE.

9 THIS HEARING PERTAINS TO RADIOACTIVE

10 WASTE THAT COULD BE PRESENT FOR UP TO 500 YEARS.

11 THE MIDWEST LOW-LEVEL RADIOACTIVE WASTE 12 COMMISSION HAS JUST PUBLISHED THE SCREENING

( 13 CRITERIA FOR SITING WASTE MANAGEMENT FACILITIES 14 DATED JULY 15TH, 1986. IN DISCUSSING THE 15 CLIMATOLOGY FACTORS, IT IS REPORTED: " AVOIDING 16 POTENTIAL AREAS OF FLOODING IS AN IMPORTANT FACTOR 17 IN SITE SELECTION. ALL NEAR SURFACE DISPOSAL 18 TECHNOLOGIES ARE SUSCEPTIBLE TO SURFACE FLOODING.

19 DURING THE OPERATING AND IMMEDIATE POST-CLOSURE 20 PERIOD OF A DISPOSAL FACILITY'S LIFETIhF AND 21 DURING THE USEFUL LIFETIME OF A TREATMENT 22 FACILITY, ACTIVE MEASURES CAN DE TAKEN TO CONTROL 23 THE POTENTIAL FOR FLASH FLOODING, BUT FOR THE 24 LONGER PERIODS OF TIME OVER WHICH DISPOSAL 25 FACILITIES MUST CONTAIN THE WASTE, FLOODING CAN

r \

. 532 1 PROVIDE SIGNIFICANT POTENTIAL CHANGES TO THE C) 2 PERFORMANCE OF THE WASTE MANAGEMENT SYSTEM.

3 THE SCOURING OR EROSIVE ACTION OF A FLOOD 4 CAN REMOVE BOTH MAN-MADE OR NATURAL MATERIALS 5 PLACED AROUND THE WASTE FOR THE PURPOSE OF 6 CONTAINING IT AND PROTECTING IT FROM INTRUSION.

7 ALSO, FLOODING CAN CHANGE THE HYDROLOGY 8 0F THE SITE FOR THE DURATION OF THE FLOOD AND FOR 9 SOME TIME AFTER. THIS CAN PLACE THE WASTE 10 DIRECTLY IN THE (TEMPORARILY) SATURATED ZONE AND 11 INCREASE LEACHING OF RADIONUCLIDES."

12 THE U.S. ARMY CORPS OF ENGINEERS HAS 13 PUBLISHED IN A FACT SHEET WATER LEVELS OF LAKE 14 ERIE, REVISED MAY, 1985, AND I QUOTE:

15 " LAKE ERIE IS THE SHALLOWEST OF THE GREAT 16 LAKES AND HAS THE SECOND SMALLEST SURFACE AREA.

17 ITS NORTHEAST TO SOUTHWEST ORIENTATION COUPLED 18 WITH SIMILAR PREVAILING WIND AND STORM PATTERNS 19 RESULTS IN FREQUENT WIND SET-UP OR MOVEMENT OF 20 WATER FROM ONE END TO THE OTHER OF THE LAKE DUE TO 21 HIGH WINDS. THESE FACTORS MAKE THE LAKE MOST 22 EASILY AFFECTED BY WEATHER. SOMETIMES DURING 23 SEVERE STORMS, THE DIFFERENCE IN LEVEL BETWEEN 24 TOLEDO AND BUFFALO HAS BEEN GREATER THAN TEN 25 FEET."

6 533 1 THE PRUDENT CONCLUSION FROM ALL' OF THIS 2- IS THAT ON-SITE DISPOSAL AT DAVIS-BESSE IS ,]

3 ENVIRONMENTALLY UNSAFE. WHEN DEALING WITH NUCLEAR 4 WASTE, IT IS BEST TO PLAN FOR THE WORST RATHER 5 THAN HOPE FOR THE BEST.

6 NO. 9 0F JUDGE H0YT'S' CONCERNS ASKS:

7 WHAT ENDANGERED SPECIES OF PLANT OR ANIMALS HAVE 8 BEEN ACTUALLY OBSERVED ON THE DAVIS-BESSE SITE?

9 THE LEAGUE OF WOMEN VOTERS SHARES THIS CONCERN.

4 10 WE BELIEVE RADIOACTIVE WASTE DISPOSAL SITES SHOULD

11 BE LOCATED AWAY FROM SIGNIFICANT WILDLIFE HABITAT.

t 12 THE CLEVELAND MUSEUM OF NATURAL HISTORY

() 13 HAS REPORTED RECENT SUCCESSES WITH AN EAGLE 14 BREEDINC PROGRAM THAT IS AT THE FOREFRONT IS PRODUCING BALD EAGLES BY ARTIFICIAL INSEMINATION.

16 THESE EAGLETS ARE THEN TAKEN FROM THE MUSEUM AND 17 PLACED IN A WILD NEST AT THE OTTAWA NATIONAL 18 WILDLIFE REFUGE, WHICH IS IN CLOSE PROXIMITY TO 19 DAVIS-BESSE. I WOULD VENTURE IT'S WITHIN AN i 20 EAGLE'S FLYING PATTERN. I CAN'T BE SURE EXACTLY i

21 WHAT HIS LIMIT WOULD BE, BUT IT WOULD BE 22 REASONABLE TO ASSUME.

i

23 THESE VALIANT EFFORTS IN THE RECOVERY OF 24 OUR NATIONAL BIRD COULD BE NEGATED IF RADIOACTIVE j 25 WASTE WOULD PROVE TO HAVE THE SAME DAMAGING I

l t

. H534 1 EFFECTS AS DO PESTICIDES.

f i 2 THE LEAGUE OF WOMEN VOTERS RECOGNIZES l

3 THAT TRANSPORTING NUCLEAR WASTE INCREASES THE 4 LIKELIHOOD OF ACCIDENTS. THE' LEAGUE ALSO I 5 RECOGNIZES THAT TRANSPORTATION IS LESS RISKY THAN 6 ALLOWING THESE WASTES TO ACCUMULATE AT AN 7 ENVIRONMENTALLY UNSAFE FACILITY. ,

8 THANK=YOU.

9 JUDGE H0YT: THANK YOU.

I l

l 10 - - - #

4 11 (APPLAUSE.)

i

12 - - -

13 MR. MARIBITO: OKAY. THE NEXT l

14 3PEAKER WILL BE CHARLIE JASENSKY FROM VERMILION, 15 OHIO.

16 dUDGE H0YT: TAKE YOUR TIME,  ;

17 SIR. .

18 MR. dASENSKY
THANK YOU.

19 FIRST OF ALL, MY NAME IS CHARLES M.

20 JASENSKY. MY ADDRESS IS 12708 THOMPSON ROAD,

[ ,

21 VERMILION, OHIO 44089. I'M ALSO THE CHAIRMAN OF 22 THE VERMILION GOLDEN AGERS. IT'S A SENIOR-CITIZEN

23 GROUP.

24 l'M NOT HERE TO SPEAK FOR THE GOLDEN l 25 AGERS.  ! COME HERE AS A CITIZEN. I WAS HERE i

i

[

- 535 1 YESTERDAY, AND I HEARD A LOT OF EXPERTS FROM THE 7~s s' 2 UTILITY COMPANIES EXPLAINING WHAT THIS IS ALL 3 ABOUT. TO ME, I DON'T UNDERSTAND IT EXCEPT THIS: '

4 I HAVE 25 ACRES THAT WAS LANDLOCKED BY OHIO STATE 5 HIGHWAY DEPARTMENT. NOW, THIS IS IN VERMILION.

6 NOW, IF YOU WANT A PLACE TO STORE YOUR WASTE, THAT 7 IS THE PLACE TO DO IT BECAUSE I DON'T HAVE ANY 8 ACCESS TO THE PROPERTY.

9 ALSO, ONE OF THE STATE MEN, I ASKED 10 HIM --

IF YOU'LL PARDON THE EXPRESSION --

I SAID, 11 "HOW THE HELL AM I GOING TO GET ON THERE?" HE 12 SAYS, "WHY DON'T YOU TRY A HELICOPTER?" ABOUT h 13 THAT TIME, HE WAS READY TO LEAVE, AND I WAS READY 14 TO HELP HIM.

15 NOW, BUT SERIOUSLY, I FEEL THIS. I'M NOT 16 AN EXPERT ON NUCLEAR WASTE. I HEARD SOME OF THE 17 EXPERTS. I DON'T TAKE EVERYTHING THEY SAY AS THE 18 TRUTH. THERE ARE SOME FACTS, SOME MIXED FACTS.

19 OKAY. I'LL LET IT GO AT THAT.

20 HOWEVER, I WILL GIVE YOU THIS, IF I MAY.

21 A RESTAURANT MAN WAS ONE TIME TOLD SOMEBODY, HE 22 SAYS, " HEY, HOW COME YOU DON'T HAVE SO MUCH 23 GARBAGE?" HE SAID, "THE PEOPLE EAT IT." AND HE (3 24 SAID, "AND WHAT'S MORE, IF I GOT ANYTHING LEFT 25 OVER, THEY TOLD ME TO BURY IT ON MY PLACE. I

o 600 1 AIN'T GOT ROOM TO BURY IT, SO THE PEOPLE ARE GOING

- 2 TO EAT IT." SO, BUT WITH THIS WASTE, I FEEL THAT 3 THE UTILITY COMPANIES BUILT THIS PLANT. IF 4 ANYTHING SHOULD GO WRONG WITH THE PLANT, WE'RE 5 GOING TO BE IN TROUBLE PROBABLY ALL THE WAY TO 6 VERMILION.

7 NOW, IF THERE IS ANY PLACE THEY WANT TO 8 BURY THEIR WASTE, LET THEM BURY IT IN THEIR 9 BACKYARD. IF THERE'S ANY CATASTROPHE, THEY'RE 10 GOING TO GET THE WHOLE CAB 00DLE.

11 AND WITH THAT, I'D LIKE TO LEAVE YOU 12 WITH --

JUST HOW MANY GOLFERS WE HAVE HERE, PLAY 13 GOLF 7 RAISE YOUR HAND.

h 14 THIS IS OFF THE RECORD.

7 15 THERE WAS A GOLFER THAT HIT HIS BALL ON 16 AN ANT HILL, SO HE WAS SWINGING AT THE BALL, AND 17 HE WAS MISSING IT, BUT HE WAS KILLING ANTS FIRST 18 BY THE HUNDREDS AND THEN BY THE THOUSANDS, AND c 19 PRETTY SOON THERE WAS ONLY TWO ANTS LEFT, AND ONE

< 20 ANT SAID TO THE OTHER, " HEY, BUDDY, IF WE WANT TO 21 LIVE, WE BETTER GE1 ON A BALL."

22 WITH THAT, THANK YOU.

23 - - -

24 (APPLAUSE.)

25 - - -

(

537 1 JUDGE H0YT: THANK YOU.

2 MR. MARABITO: THANK YOU, MR.

3 JANSENSKY.

4 ARE'THERE ANY LATE ARRIVALS WHO WISH TO 5 SPEAK? IF SO, PLEASE SEE ME IN THE NEXT FEW 6 MINUTES.

7 THE NEXT SPEAKER IS MARILYN SHEARER, THE 8 LEAGUE OF WOMEN VOTERS, STATE OF OHIO.

9 MS. SHEARER: THANK YOU.

10 MY NAME IS MARILYN SHEARER. I AM THE 11 ELECTED SECRETARY AND MEMBER OF THE STATE BOARD OF 12 DIRECTORS OF THE LEAGUE OF WOMEN VOTERS OF OHIO, 4

) 13 AND I'M HERE TONIGHT AS THEIR SPOKESPERSON.

14 THE LEAGUE OF WOMEN VOTERS OF OHIO URGES 15 THE NUCLEAR REGULATORY COMMISSION TO RESCIND AN 16 APPROVAL TO BURY LOW-LEVEL RADIATION WASTE AT THE 17 D A VI S -B ES S E NUCLEAR POWER STATION, UNIT NUMBER 18 ONE.

i 19 THE LEAGUE OF WOMEN VOTERS HAS HAD A I

20 POSITION IN LAND USE SINCE 1972, UNDER WHICH WE 21 STATE THAT IT IS THE RESPONSIBILITY OF GOVERNMENT l l 22 TO IDENTIFY AND REGULATE AREAS OF CRITICAL CONCERN

23 WHICH INCLUDE FRAGILE LANDS SUCH AS SHORELINES AND e

j 24 RIVERS, LAKES AND STREAMS, ACTUARIES AND BAYS, )

'v 25 RARE ECOSYSTEMS SUCH AS WETLANDS, AND NATURAL l j

l l

1 )

l 538 1 HAZARD' LANDS SUCH ,S A FLOODPLAINS.

l f%

i _k/ 2 THE LEAGUE OF WOMEN VOTERS ALSO HAS A 3 POSITION WHICH STATES THAT ACTION TO IMPROVE AND 4 PROTECT WATER QUALITY AND TO SUPPORT PLANNING AND S MANAGEMENT OF WATER RESOURCES TO MEET LOCAL AND 6 REGIONAL NEEDS AND THE NATIONAL INTEREST SHOULD BE 7 TAKEN.

j 8 THE LEAGUE OF WOMEN VOTERS OF OHIO FULLY 9 AGREES WITH THE STATEMENTS OF THE LEAGUE OF WOMEN 10 VOTERS LAKE ERIE BASIN COMMITTEE AND THE LEAGUE OF 11 WOMEN VOTERS OF ROCKY RIVER DATED APRIL 10, 1986.

12 HOWEVER, WE DO HAVE ONE EXCEPTION TO THE

() 13 TESTIMONY. THE NAVARRE MARSH IS PART OF THE 14 D A VI S -B ES S E SITE, AS WELL AS ADdACENT TO IT. AS i 15 THE STATE OF OHIO ASSERTS IN ITS PETITION TO i

16 INTERVENE, THE SITE WOULD NOT BE APPROVED FOR 17 DISPOSAL OF SOLID WASTE UNDER OHIO ADMINISTRATIVE 1

18 CODE SECTION 3745-26 MAINLY DUE TO ITS BEING '

19 LOCATED WITHIN A 100-YEAR FLOODWAY.

20 WE BELIEVE THAT LOW-LEVEL RADIATION WASTE 21 MUST HAVE AT LEAST THE SAME CARE IN ITS HANDLING 22 AND DISPOSAL, MILLIONS OF RESIDENTS OF OHIO 23 RECEIVE THEIR DRINKING WATER FROM LAKE ERIE AND 24 THE GROUNDWATER FROM THE WETLANDS AND RIVERS OF f l 25 THE AREA WHICH FLOW INTO LAKE ERIE.

L

. . _ . . ~ - - .

I 533 a 1 WE FEEL THAT THE STATE OF OHIO HAS 2 . ADEQUATELY EXPRESSED OUR CONCERNS IN ITS PETITION.

3 HOWEVER, WE ARE SURPRISED THAT ANY GROUP IN THE 4 LAKE ERIE BASIN CAN BE PREVENTED FROM BEING 5 INTERVENORS AT THESE HEARINGS.

6 BASICALLY, WE ARE VERY CONCERNED THAT.THE 7 BURIAL OF LOW-LEVEL RADIATION WASTE AT THIS SITE 8 WILL THREATEN THE SAFETY AND RESOURCES --

THE a

9 SAFETY OF RESOURCES AND THE ENVIRONMENT.

10 WE REQUEST THAT YOU GIVE OUR CONCERNS 11 YOUR SERIOUS CONSIDERATION.

  • l 12 THANK YOU.

()

13 MR. MARABITO: THANK YOU, MRS.

4 14 SHEARER.

15 THE NEXT SPEAKER WILL BE DINI SCHUT FROM 16 THE CITY OF TOLEDO.

17 MS. SCHUT: GOOD EVENING, f

18 EVERYONE. I'M A MEMBER OF THE TOLEDO COALITION 19 FOR SAFE ENERGY, BUT I WOULD LIKE TO SPEAK HERE OF '

20 MY OWN CONCERNS.

! 21 FIRST OF ALL, I WOULD LIKE TO IMPLORE 22 JUDGE H0YT IN MAKING ANY DECISION TO CONSIDER THE 23 CHANCE OF CONTAMINATION TO A WORLD THAT WE HAVE 4

24 ALREADY CONTAMINATED MORE THAN WE SHOULD HAVE, AND l 25 WE SHOULD NOT LEAVE THAT LEGACY TO OUR CHILDREN.

c

. 540 1 MY BIGGEST CONCERN IS THE LOCATION OF THE

_ 2 SITE ON THE NAVARRE MARSH.

3 FLOODING IS AT ALL TIME --

OR I SHOULD 4 SAY, NOT THE FLOODING, BUT THE LAKE ERIE LEVEL IS S AT AN ALL TIME HIGH. THE FORECAST IS FOR STILL 6 HIGHER LEVELS. WE DON'T KNOW HOW HIGH IT WILL GO.

7 THE CREEKS, THE PONDS, EVERYTHING IS --

AS I WAS 8 DRIVING BY TO THIS HEARING TODAY, LEVELS ARE 9 EXTREMELY HIGH. YOU CAN HARDLY SEE THE BRIDGES 10 ANYMORE.

11 I'VE HEARD OF MANY PROBLEMS WITH 12 HAZARDOUS WASTE DUMPS. I'M SURE YOU HAVE ALL, 13 TOO. AND YET, WE WANT TO BURY HAZARDOUS WASTE AT 14 A MARSHLAND? IN HANFORD, THE COLOMBIA RIVER HAD A 15 40,000 GALLON LEAK INTO THE COLOMBIA RIVER.

16 WINDSCALE, 1976, STORAGE FACILITY, THERE WAS A BIG 17 LEAK, AND THAT WAS COVERED UP. WEST VALLEY NEAR 18 BUFFALO; AGAIN, NEW YORK STATE IS SPENDING 19 MILLIONS OF DOLLARS. ILLINOIS, SHEFFIELD 20 FACILITY.

21 I'VE NOT YET HEARD TOO MUCH ABOUT THE 22 HALF-LIFE OF THE DANGEROUS CHEMICALS THAT ARE 23 GOING INTO THE POND, AND WILL THE POND BE 24 GUARANTEED TO OUTLAST A HALF-LIFE OR THE WHOLE 25 LIFE OF THESE CHEMICALS?

541 1 AS'YOU'VE HEARD TONIGHT, THE FOOD CHAIN

/' )

(s 2 IS INVOLVED. I WOULD LIKE TO READ TO YOU A LITTLE 3 BIT ABOUT, AND IT WAS IN AN ARTICLE FROM THE 4 daMRNAL_DE_1ELENCE_ANE_IECHNOLQE1 IN JUNE, 1969.

5 IT WAS A STUDY OF THE COLOMBIA RIVER. IT SHOW D 6 THAT THE RADIOACTIVITY OF T,H E RIVER PLANKTON WAS 7 2,000 TIMES GREATER THAN THE WATER WHILE THE 8 RADIOACTIVITY OF FISH AND DUCKS FEEDING ON THE 9 PLANKTON WAS 15,000 AND 40,000 TIMES GREATER 10 RESPECTIVELY, AND MORE0VER, THE RADIOACTIVITY OF 8

11 THE EGGS CONTAINED A MILLION TIMES RADIOACTIVITY 12 0F THE WATER.

() 13 I CALLED DAVIS-BESSE A COUPLE MONTHS AGO.

14 I ASKED THEM, "D0 YOU MEASURE THE PLANKTON IN THE 15 RIVER?" THEY SAID "NO." I DON'T KNOW WHY. I 16 THINK THEY REALLY SHOULD, EVEN WITHOUT A BURIAL AT 17 THE SITE. AND TODAY THE HEARING MENTIONED --

I 18 HEARD PEOPLE MENTION THAT THERE WERE LOW-LEVEL --

19 LOW-LYING WELLS CLOSE TO LAKE ERIE.

20 THAT WAS BROUGHT UP LATER, AND NOBODY 21 MENTIONED THAT THERE WERE, 50 I DON'T KNOW IF THAT 22 WAS NOT LISTENED TO VERY WELL, BUT I JUST WANTED 23 TO MENTION THAT I HEARD THAT.

24 AND ALSO WITH RADON, THE ILLUMINATION OF 25 WATCHES, WORKERS THAT PLACE THAT IN WATCHES USED

,.y ,,y_w- - ~ ~ . - - , - - - - - - -,------+--,c - - - - - - =

542 w

t 1 TO LICK THEIR BRUSHES AS THEY WERE WORKING, AND

, 2 THERE WAS AN INCREASE OF. ORAL CANCER IN THESE 3 WORKERS.

4 TODAY I WOULD JUST LIKE TO END WITH A i

2' 5 COMMENT THAT PUBLIC CITIZENS THAT-WERE TESTIFYING 6 TODAY WERE GRILLED ON THEIR EXPERTISE LEVEL. IT

7 SEEMED TO BE VERY DIFFICULT FOR TOLEDO EDISON TO 8 ACCEPT THESE PEOPLE AS EXPERTS. I JUST WANT~TO 9 MENTION THAT,WE DO NOT HAVE THE MONEY, THE BIG i

10 BUCKS, THAT TOLEDO EDISON HAS TO BRING IN THESE

{ 11 INDIVIDUAL EXPERTS THAT THEY HAVE BROUGHT IN FROM i 12 MANY PARTS OF THE NATIONS, AND THAT'S HOW I'D LIKE h 13 TO LEAVE THIS MEETING.

j 14 THANK YOU.

l 15 - - -

16 (APPLAUSE)

. 17 - - -

18 MR. MARABITO: THANK YOU, MISS f,

19 SCHUT. '

20 THE NEXT SPEAKER WILL BE LAWRENCE d.

4 21 LUCAS F,R O M PORT CLINTON.

22 MR. LUCAS: THANK YOU.

23 YOUR HONORABLE JUDGE H0YT, I'M HERE THIS 24 EVENING IN RESPECT TO THE BURIAL OF RADIOACTIVE f

! 25 WASTE AT THE DAVIS-BESSE NUCLEAR POWER PLANT. MY

i

543 1 NAME IS LAWRENCE LUCAS. I RESIDE AT 841 MADISON

's' 2 STREET AT PORT CLINTON. I HOLD MANY OFFICES IN 3 MANY ORGANIZATIONS, BOTH ELECTIVE, FRATERNAL, BOY 4 SCOUTS, RIGHT ON DOWN THE LINE. AT THE PRESENT 5 TIME, I BELONG TO ONE OF THE --

AFFILIATED WITH 6 ONE OF THE OFFICES OF ONE OF THE PARTIES. I AM A 7 COUNCILMAN, BUT I'M HERE AS LAWRENCE d. LUCAS 8 TRYING TO APPLY MY COMMON SENSE.

9 MY NAME IS LAWRENCE LUCAS, LIKE I SAID.

10 I RESIDE AT 841 MADISON STREET FOR THE PAST 60 11 YEARS. I LIVE FIVE MILES EAST OF THE NUCLEAR 12 POWER PLANT. I WAS PRESENT AT THE DAVIS-BESSE f 13 HEARING DECEMBER 7TH AND 9TH, 1970 HELD AT THE 14 PORT CLINTON NATIONAL GUARD ARMORY.

15 IF MY MEMORY SERVES ME CORRECTLY, THERE 16 WAS APPROXIMATELY 300 PEOPLE PRESENT AT THIS 17 MEETING. THAT'S THE SAME NATIONAL GUARD OUTFIT 18 WHERE OUR TANK COMPANY LEFT AND ONLY THREE OR FOUR 19 BOYS COME BACK FROM RATON, 50 IT'S QUITE AN 20 OUTSTANDING MONUMENT.

21 PLUS WE HAD A HEARING THERE, AND WE HAD 22 THE HEARING THERE, WHY, THEY ALREADY STARTED TO 23 EXCAVATING AT DAVIS-BESSE. WE'VE GOT THE SAME 24 THING TODAY. THEY 'RE ALREADY DIGGING ON THE SOUTH 25 SIDE OF ROUTE 2, AND WE'RE HAVING OUR HEARING

'~

. 1 a 544 1 TODAY.

\

/

x-- 2 THESE THINGS ARE GOOD. THESE HEARINGS 3 ARE HEALTHY. NOW, WHEN WE HAD THIS IN 1970, A 4 GOOD NUMBER OF CHANGES WAS MADE BECAUSE SOME OF 5 THE PEOPLE HAD SENSE ENOUGH TO SPEAK UP, OR MAYBE 6 THEY THOUGHT SOME OF THE THINGS THEY BROUGHT UP 7 WhoEN'T COMMON SENSE, BUT AFTER THEY WAS CAREFULLY 8 WEIGHED, AND THE A.E.C. AT THAT TIME HAD IT, WHY, 9 THEY COME BACK TWO OR THREE MONTHS LATER, AND THEY 10 HAD A LOT OF SUBSTANCE AND SOME THINGS TO BE SAID.

11 NOW, 1 AM DEEPLY CONCERNED THAT STORING 12 WASTE, SPENT FUEL AND RADIOACTIVE SLUDGE BEING 13 GIVEN SHALLOW BURIAL COULD RESULT IN RADIOACTIVE 14 ELEMENTS BEING WASHED INTO LAKE ERIE. NOW, I WAS 15 GIVEN A TOUR AT DAVIS-BESSE OF THESE PONDS AND 16 THAT, AND I DREW MY OWN CONCLUSIONS OF IT. WE HAD 17 SOME NICE ROLLS AND COFFEE, AND I HIGHLY 18 COMPLIMENTED THE ENGINEER. HE DID A GOOD JOB. I 19 B EL I E VE YOU'RE AN HONEST MAN.

20 MR. MYERS: THANK YOU.

21 MR. LUCAS: BOTH OF YOU. AND 22 ALSO THE P.R. --

THE P.R. WOMAN. BUT THEN AGAIN, 23 HAVING SOME EXPERIENCE IN CHEMICAL WARFARE DURING

7

/ 24 WORLD WAR II, AND REMEMBERING THE BOMB THAT WAS

')

1 25 DROPPED ON JAPAN, HOW DEVASTATING THAT WAS, AND ,

. 545

, 1 YOU TAKE ALL THIS AND ADD IT TOGETHER, AND THE k- 2 -APPLICATION OF COMMON SENSE.

3 NOW, I HAVE SOMEONE THAT LIVES NEAR TO 4 ME. MY DAUGHTER LIVES MAYBE A MILE-AND-A-HALF 5 SOUTH OF THE NUKE PLANT. NOW, LIKE I SAID, THE 6 RADIOACTIVE ELEMENTS COULD BE WASHED INTO LAKE 7 ERIE IN A NEARBY DITCH OR SEWER FOR MANY YEARS TO 8 COME.

9 REGARDLESS HOW SMALL, THIS UNNECESSARY 10 EXPOSURE OF RADIOELEMENTS WOULD BE PHYSICALLY 11 HARMFUL, A SUBSTANTIAL DETRIMENT TO THE HEALTH AND 12 WELFARE OF THE RESIDENTS OF THE AREA. IT MAY l ) 13 CONTAMINATE THE DRINKING WATER, ADD TO THE LAKE 14 POLLUTION, AND CAUSE HARM TO ALL KINDS OF 15 WILDLIFE.

16 AND NOW, AS IN 1970, I WAS CONCERNED 17 ABOUT THE MOVEMENT OF WASTE THAT 1 P. A V E L E D OUR 18 HIGHWAYS TO OUR CITIES AND RAIL. NOW, LAST 19 THURSDAY THERE WAS TWO CARS, CONRAIL CARS, 9:30 20 THAT NIGHT, WAS BROUGHT FROM THREE ti l L E ISLAND.

21 THEY LAID OVER IN SANDUSKY FROM 9:30 THAT NIGHT --

22 IT'S ON THURSDAY --

TILL 8:30 FRIDAY NIGHT. THEY 23 MOVED TO OUR CITY OF PORT CLINTON INTO TOLEDO, AND 24 I BELIEVE THEY PICKED IT UP ON THE CAMERA.

25 NOW, I CHECKED WITH LAW ENFORCEMENT

540 1 0FFICIALS, AND THEY WERE NOT NOTIFIED. NOW, IN q

(J 2 THIS ANSWER TO THIS HEARING IN 1970, AND 3 THEREAFTER, THEY SAID THAT WE WOULD BE NOTIFIED 4 WHEN THERE IS MOVEMENT OF THIS WASTE. NOW, NO 9

5 ONE, TO MY KNOWLEDGE, THAT I CHECKED HAS BEEN 6 NOTIFIED OF THAT.

7 NOW, THIS WASTE CAME FROM THREE MILE 8 ISLAND AND WAS MOVED TO IDAHO INSTEAD OF 9 WASHINGTON. NOW, IT SEEMS FUNNY TO ME HOW SOME OF 10 THESE OTHER NUCLEAR PLANTS CAN MOVE THEIR WASTE TO 11 SOME OF THESE PLACES IN WASHINGTON AND DIFFERENT 12 OTHER PLACES LIKE THAT AND WERE UNABLE TO MOVE ANY 13 SINCE 1972.

14 NOW, FIRST, WE SAY IT'S MONEY-WISE. NOW 15 THEY SAY WE CAN'T DO IT. NOW, I DIDN'T GET OFF 16 THE BOAT YESTERDAY. I CAN DRAW MY OWN 17 CONCLUSIONS.

18 NOW, LIKE I SAID, THIS TRAIN DID MOVE 19 THROUGH. WE CHECKED IT OUT. A REPLY TO SOME OF 20 MY TESTIMONY IN 1970 8Y THE A.E.C. T.E.C., IT 21 STATED THAT THE SPENT FUEL AND RADIOACTIVE WASTE 22 WOULD BE SENT OUT TO WASHINGTON WHERE THE THREE 23 MILE ISLAND IS NOW SENDING THEIRS, AS DO OTHERS.

24 THE REPROCESSING PLANT --

THE PRESENT PLANT DID 25 NOT SEND ONE OUNCE OF SPENT FUEL OR WASTE TO ANY

y

( ~ ,o

> 547 1 DUMP.

,r) - ,

ks 2 WELL, THIS --

I'M ASKING NOW, W I L L' THIS -

3 IN THE FUTURE BE A. CONTEMPLATED DUMP SITE? -

4 0THERWISE, YOU GET YOUR FOOT IN THE DOOR, AND 5' BEFORE YOU KNOW IT, YOU'VE GOT A DUMP SITE.I J

6 CERTAINLY THERE ARE NOT --

W E R E NOT LIVING UP " 'i O .

t 7 OUR COMMITMENTS BY SAYING THERE. ISN'T ANY WAY TO .

8 REMOVE THE WASTE, ESPECIALLY THE PAST 2' O YEARS ,.,

9 NOW. WE JUST HAD SOME GO BY OUR BACKYARD UP HERE 10 JUST LAST FRIDAY NOW, AND THREE-MILE ISLAND, YOU 11 SEE PICTURES'0F IT ON TV WHERE THEY'RE MOVING .

12 THEIR WASTE, BUT WE HAVE GOT TO BURY OURS IN OUR

[ () 13 BACKYARD. '

f f

14 LIVING HERE ALL MY LIFE ON LAKE ERIE AND '

15 KNOWING HOW TREACHEROUS LAKE ERIE CAN BE, 'I '~ W A S 16 OUT IN A LOT OF THESE STORMS, AND THIS IS A 17 FLOODPLAIN AREA. OFTENTIMES WE HAVE VERY SEVERE 18 STORMS. ONE OF THE LARGEST STORMS I REMEMBER WAS 19 IN 1972 AND 1973. WE HAD A LOT OF' FLOOD DAMAGE,

! 20 AND THE DIKES AT DAVIS-BESSE, I BELIEVE, WAS

21 BUSTED. THE AREA WAS ALSO FLOODED. '

3 22 ALSO IN THE AREA IN THE PAST SEVERAL b'

, 23 YEARS, WE ALSO HAD SOME EARTHQUAKES NOW. THIS IS l

l 1 24 SOMETHING TO THINK ABOUT. BUT WE --

THERE'S A LOT 25 OF THINGS THAT MIGHT BE JEOPARDY TO US, NOT ONLY e

+- --

,--- - ---. ,_,-., - ,, -- ,...... - . , ~ _ - _ - . - . , , - , - - _ _ - - - _ - , - - . - . _ , . . , . _ _ , - - - - - - _ . , . , - - - . . - - . ---

I 548, 1 IN NUCLEAR POWER.

( 2 NOW, I ALSO WENT DOWN TO THE UNITED 3 STATES SENATE IN '72 AND '3 AND TALKED TO SENATOR 4 SAXBF AT THAT TIME, WHO WAS LATER ON SECRETARY OF 5 STATE, AND ALSO SECRETARY TAFT AND THE CONGRESSMAN 6 FROM TOLEDO, ABOUT THE FLOODING CONDITION AND 7 EVERYTHING ELSE IN OUR AREA, AND ALSO WE DID HAVE 8 CONVERSATION IN REGARD TO THE NUCLEAR PLANT.

9 NOW, I'M NOT DIRECTLY OPPOSED TO ANYMORE 10 ENERGY, POWER, ELECTRICITY, BECAUSE CERTAINLY WE 11 NEED IT. I MEAN, I WOULD BE FOOLISH TO SAY THAT 12 WE DI DN ' T NEED IT, BUT WE HAVE TO FIND THE RIGHT g 13 METHOD, THE CHEAP --

NOT THE CHEAPEST, BUT THE 14 RIGHT.

15 NOW, THERE IS A WAY AT THE PRESENT TIME 16 THAT'S BEING MANUFACTURED BY WILCOX, AND WILCOX, 17 IF MY MEMGRY SERVE 5 ME CGRRECTLY, IS THE ONE THAT 18 PUT THIS DAVIS-BESSE PLANT TOGETHER AND THE ONE AT 19 THREE MILE ISLANDS.

l 20 SEE, WHAT THEY'RE DOING NOW, THEY'RE 21 TAKING COAL, WHICH WE HAVE SO MUCH IN OUR GREAT 22 STATE, TAKING THAT, EXTRACTING THE SULFUR FROM IT 23 TO WATER THAT, GRANULATING THAT, AND THEY'RE USING 24 THAT TO TURN YOUR TURBINES. THE GAME IS TURNING 25 THESE TURBINES. WHEN YOU TURN THESE TURBINES, YOU

n. ,

i 'd >

l 543 l

! 1 RECEIVE ELECTRICITY, WHETHER IT'S BY NUCLEAR i -

i'

.. 2 POWER, FUSION, COAL, . HYDROPOWER --

YOU HAVE A 3 WHOLE ~ LAKE. WHY NOT TURN THIS AROUND, SAME AS THE i

4 NIAGRA FALLS? AND THERE'S MANY, MANY WAYS WE CAN 5 'GO, BUT'DO WE HAVE TO JEOPARDIZE OUR HEALTH, OUR

6 ENV.IRONMENT BY. IT? ,

7 NOW, LIKE I SAID, THIS IS A FLOOD --

8' FLOODPLAIN IN THIS AREA, AND I WONDER IF WE ARE

, 9 GIVEN THE CORRECT E S T'I M A T E S , 0 N THE AMOUNT OF 10 SLUDGE, RESIN WASTE THAT T.E.C. WANTS TO DISPOSE

. 11, OF. IS IT GREATER THAN MENTIONED COMPARED TO 12 OTHER PLANTS? '

O I

() 13 I BELIEVE FIGURES ARE'USED UP TO 200,000 1 SQUARE --

SQUARE FEET.; NOW, DAVIS-BESSE IS A 15 BABCOCK & WILCOX PLANT, LIKE I MENTIONED BEFORE, 1;16 AND WE'VE OPERATED ONE-THIRD THE HOURS THE PAST 17 FOUR YEARS. NOW, IT HASN'T OPERATED SINCE JUNE, 18 1985.

! 19 ! NOW, I WENT THROUGH,THE PLANT. S FAR'AS 20! THE SAFETY GOES IN A PLANT, THEY ARE GOING FOR i s 21 SAFETY. YOU TRY TO GET I N. THERE, YOU GOT A HELL 22 OF A. TIME. EXCUSE MY LANGUAGE. YOU GOT QUITE A

! 23 TIME GETTING OUT OF IT. I MEAN, IT'S REALLY-24 BUGAB00. BUT THEN THIS LAST INCIDENT THEY HAD, l 25 THEY HAD BACKUP SYSTEMS --

THEY SHOULD HAVE HAD

r 550 1 THAT THIRD MOTOR IN. NOW, ANYBODY WITH --

ANYBODY

! '\

('- 2 THAT WAS AN ENGINEER, YOU GOT AN ELECTRICAL PLANT, 3 SO WHAT DO YOU HAVE? AUXILIARY POWER, YOU HAVE 4 DIFFERENT --

YOU HAVE STEAM, YOU HAVE A DIFFERENT 5 TYPE OF POWER. BUT HERE AGAIN, I DON'T THINK THEY 6 HAD IT.

7 WELL, THESE ARE SOME OF THE THINGS YOU 8 LEARN BY YOUR MISTAKES SOMETIMES, BUT I DON'T WANT 9 MY LIFE TO BE PART OF THAT MISTAKE.

10 A FEW MORE SECONDS, JUDGE. I 11 INASMUCH AS THE NEW METHOD OF LIMESTONE 12 AND COAL, WHICH I MENTIONED -- I LOOK FOR THAT TO 13 BE UPCOMING --

WILL PROVE SAFER, AND WILL THE 14 PERMISSION ALREADY GRANTED BY THE N.R.C. ESTABLISH 15 A PRECEDENT FOR DISPOSAL OF SLUDGE AND WASTE? THE 16 LIABILITY INSURANCE WILL BE GREAT -- A GREAT COST, 17 AND I ASKED MYSELF, WHAT STEPG ARE TAKEN THAT 10 18 LITERALLY THAT PEOPLE -- WILL THE INSURANCE COVER 19 US? WILL IT -- AND OUR INJURIES? WILL IT COVER 20 OUR PROPERTY?

21 WHO COVERS IT? WHO IS GOING TO PAY FOR 22 IT? WHO IS GOING TO PAY FOR IT IF THE PLANT GOES i

23 DOWN? WHO IS RESPONSIBLE? OUR COUNTY OFFICIALS 24 DON T KNOW. THEY DON'T TELL US. EVERYBODY SEEMS gg 25 TO BE FOR IT. LET'S GET OUT OF THE COCOON AND

..e

. 551 1 FIND OUT WHO IS GOING TO DO THESE . THINGS. LET'S

-2 BE HONEST WITH ONE.ANOTHER.. IT IS INCUMBENT'UPON 3 US THAT WE HAVE INSURANCE, TH AT WE HAVE SAFE,-

4 CLEAN AND RELIABLE NUCLEAR POWER.

5 'W DO NOT ARGUE THE NEED FOR MORE POWER, 6 BUT AT THE SAME TIME, WE WANT SAFE OPERATIONS, 7 LOOKING OUT FOR THE HEALTH, SAFETY, WATER, AIR AND 8 WELL-BEING OF HUMAN, ANIMAL AND PLANT WELFARE.

9 I WANT TO EXPRESS MY THANKS AND 10 APPRECIATION FOR RECON, SIDERATION ON HOLDING A 11 HEARING ON DISPOSING OF RADIOACTIVE BY-PRODUCTS AT 12 THE DAVIS-BESSE NUCLEAR POWER STATION, THUS,

() 13 UPHOLDING MY RIGHTS UNDER THE FIRST AMENDMENT OF 14 THE FREEDOM OF SPEECH.

15 AT THE END OF THIS MONTH, I HOPE TO VISIT 16 EUROPE, FRANCE, BELGIUM, AND HOLLAND, AND THE 17 GRAVES OF SOME O F. MY BUDDIES. I HOPE --

THEY 18 NEVER MADE IT BACK. I FEEL BETTER NOW SINCE WE'RE 19 HAVING THIS HEARING, AND IT SHOWS OUR GOVERNMENT 20 IS AT WORK. ,

21 THANK YOU KINDLY.

22 - - -

23 (APPLAUSE.)

24 - - -

' 25 MR. MARABITO: THANK YOU, MR.

[

- 552-1-

1 LUCAS.

()-

L-2 IS THE SOUND.TOO LOUD? IS IT ASSAULTING 3 ANYBODY'S EARS WHEN PEOPLE ARE TALKING INTO THE 4 MICROPHONE? TOO LOUD? OKAY.

5 JUDGE HOYT: YEAH, I THINK HE 6 WAS STANDING A LITTLE BIT TOO CLOSE TO IT.

7 MR. MARABITO: IS THAT BETTER? IS j 8 THAT OKAY?

9 THE NEXT SPEAKER WILL BE DR. A. J.

10 OLIVER, FROM HEIDELBERG COLLEGE, WHO IS A RESIDENT i

c 11 O F, SANDUSKY.

I i 12 DR. OLIVER: ACTUALLY, I'M AT 13 BOWLING GREEN STATE UNIVERSITY RIGHT NOW, BUT I'LL 14 BE AT HEIDELBERG IN ABOUT THREE TO FOUR WEEKS.

15 HEIDELBERG ACTUALLY HAS SOME --

16 FROM THE FLOOR: LOUDER, PLEASE.

i.

17 DR. OLIVER
HEIDELBERG HAS SOME i

18 NATIONALLY KNOWN PEOPLE IN THE AREA OF WATER i 19 QUALITY RESEARCH, AND PERHAPS WE COULD INVOLVE 20 SOME OF THOSE PEOPLE IN THIS ONGOING DISCUSSION.

21 ONE OF THE MAIN REASONS I'M HERE TONIGHT l 22 IS BECAUSE I BELONG TO A LOCAL GROUP CALLED VOICES 23 FOR PEACE THAT IS BUSY TONIGHT, BUT THEY ASKED ME l

l '% 24 TO COME TO EXPRESS SOME OF THEIR SENTIMENTS.

l 25 THE REASON THEY'RE BUSY TONIGHT IS

__ . _ _ _ _ _ _ _ . . _ _ . . _ _ _ . . _ - _ . _ _ _ _ _ - _ . _ . .. ~. _ _ . . _ __ . ____._ _ __.

- 553 1 BECAUSE AUGUST 6TH IS A VERY IMPORTANT q

/ 2 ANNIVERSARY. IT MARKS THE 45TH --

OR 41ST --

3 EXCUSE ME --

ANNIVERSARY OF A MUCH MORE 4 SPECTACULAR EXAMPLE OF NUCLEAR WASTE. WE'RE 5 TALKING ABOUT TWO DIFFERENT PARTS OF'THE SAME I

6 SPECTRUM. WE'RE TALKING ABOUT LOW-LEVEL NUCLEAR 7 WASTES AND DANGEROUS AND THREATS OF NUCLEAR WAR.

8 THE FACT OF THE MATTER IS, WITHOUT GOING INTO A 9 LOT OF DETAIL, THAT THERE IS A SYMBIOTIC i

10 RELATIONSHIP BETWEEN THE TWO.

11 THE.SECOND POINT I WANT TO MAKE IS THAT l

12 IT'S FAIRLY OBVIOUS BY THIS TIME, OR'IT SHOULD BE l

l

() 13 TO MOST AMERICANS --

I THINK IT IS TO MOST 14 AMERIC'ANS --

THAT NUCLEAR POWER IS PROBABLY THE 15 SINGLE BIGGEST BOONDOGGLE IN THE HISTORY OF i 16 CAPITALISM. SO WHAT WE'RE REALLY INVOLVED HERE I

17 WITH IS DAMAGE CONTROL. WHAT WE HAVE TO DO IS TRY 18 AND FIGURE OUT HOW TO PHASE THIS INDUSTRY OUT WITH I

19 THE LEAST POSSIBLE DAMAGE TO OURSELVES, OUR l 20 CHILDREN AND OUR GRANDCHILDREN, ECONOMIC DAMAGE --

21 - - -

22 (APPLAUSE.)

23 - - -

i 24 DR. OLIVER: ECONOMIC DAMAGE, 25 ENVIRONMENTAL DAMAGE, DAMAGE TO OUR SELF RESPECT,

. 554 1 DAMAGE TO OUR DEMOCRACY.

\s' 2 THE THIRD AND FINAL POINT I WANT TO 3 MAKE --

THIS IS PROBABLY GOING TO BE ONE OF THE 4 SHORTER PRESENTATIONS --

IS THAT WITHIN THE PERIOD 5 OF PERHAPS1AS LITTLE AS 15 YEARS, PERHAPS 20 6 YEARS, 25 YEARS, THE DAVIS-BESSE PLANT WILL BE DUE 7 FOR DECOMMISSIONING. THESE PLANTS HAVE A NOT 8 EXACTLY FIRMLY ESTABLISHED LIFETIME, BUT THEY HAVE 9 A LIFETIME WHICH HAS A BEGINNING, A MIDDLE, AND AN 10 END.

11 MY QUESTION IS: IN AS LITTLE AS 15 YEARS 12 OR 20 YEARS, WHAT'S GOING TO HAPPEN TO THAT LAND?

13 IS THIS --

IS THIS ANOTHER CASE OF HAVING OUR 14 CHILDREN AND OUR GRANDCHILDREN FOOT THE BILL FOR 15 OUR FOLLY?

16 THE QUESTION WE SHOULD BE ASKING 17 OURSELVES ABOUT THIS WASTE DISPOSAL SITE IS THE 18 QUESTION THAT: CAN CHILDREN PLAY IN THIS IN 35 OR 19 40 YEARS? WILL CHILDREN BE ABLE TO PLAY IN IT?

20 IT'S A GREAT RESOURCE FOR OUR PEOPLE, OUR 21 STATE, OUR CHILDREN, AND I DON'T WANT IT TO BE 22 SITTING THERE FOREVER ENCASED IN CONCRETE. I 23 EXPECT THE INDUSTRY AND THE PEOPLE RESPONSIBLE TO 24 CUT IT UP, CHOP IT UP, BAG IT, AND TAKE IT AWAY.

g 25 AND I WANT MY CHILDREN TO BE ABLE TO PLAY ON THAT i

555 1 LAND. 50 I THINK WE HAVE TO PERHAPS CHANGE THE 2 KINDS OF QUESTIONS WE'RE ASKING ABOUT THIS 3 FA'ILITY.

4 IT'S IMPORTANT TO REALIZE THAT THE LIFE 5 0F THIS PLANT IS ACTUALLY COMING TO A CLOSE. I'M 6 NOT SURE DAVIS-BESSE EVER DID HAVE A USEFUL LIFE.

7 BUT IT'S THE KINDS OF QUESTIONS OF HOW WE'RE GOING 8 TO RESTORE THAT LAND ARE COMING UP IN THE NOT TOO 9 DISTANT FUTURE, AND THOSE ARE:

10 HOW ARE WE GOING TO RESTORE THAT LAND?

11 HOW ARE OUR CHILDREN GOING TO BE ABLE TO USE IT?

12 AND IS A LOW-LEVEL T0XIC DUMP SITE APPROPRIATE TO l 13 THE KINDS OF USES WE WANT TO PUT IT TO IN THE 14 FUTURE?

15 THANK YOU.

16 - - -

17 (APPLAUSE.)

18 - - -

11 19 MR. MARABITO: THANK YOU, DR.

20 OLIVER.

21 THE NEXT SPEAKER IS W. F. KISH FROM 22 AMHERST, OHIO.

23 MR. KISH: YOUR HONOR, LADIES [

\

g 24 AND GENTLEMEN, I'M NOT PREPARED LIKE THE REST OF 25 THEM WERE, BUT I DO HAVE A COTTAGE THAT .

556 1 DAVIS-BESSE SITS RIGHT BEHIND ME, AND DURING THE 2 PAST FIVE YEARS, WE HAVE BEEN FLOODED OUT THREE 3 TIMES, AND I'VE HAD ABOUT FOUR OR FIVE LOADS OF 4 STONE, HEAVY STONE AND SMALL STONE, AND ALSO SEVEN 5 LOADS OF CLAY COME IN, BUT STILL, WHEN THE WATER 6 LEVEL STARTS COMING UP, THERE'S NOTHING YOU CAN 7 D0. IT STILL COMES UP FROM ALL OF THAT PROTECTION 8 THAT I TRIED TO D0.

9 I FINALLY SETTLED IT BY RAISING MY 10 COTTAGE THREE FEET, HOPING THAT THAT WOULD SOLVE 11 THE PROBLEM, BUT A LOT OF TIMES YOU WILL SEE SIGNS 12 ON ROUTE 6 AND 2 0F HIGH WATER, AND THAT IS

13 BECAUSE OF THE WATER LEVEL COMING UP, 50 IF THE 14 WATER LEVEL'S COMING UP WITH NOTHING TO STOP IT, 15 WHAT'S GOING TO HAPPEN WITH THIS WASTE?

16 THANK YOU.

, 17 MR. MARABITO: THANK YOU, MR.

18 KISH.

19 THE NEXT SPEAKER IS LOUIS TOKAR, 20 REPRESENTING THE LEAGUE OF OHIO SPORTSMEN.

21 WHILE MR. TOKAR COMES UP, IS THERE t

22 ANYBODY ELSE WHO WISHES TO SPEAK?

23 (NO RESPONSE.)

('T 24 MR. TOKAR: LADIES AND

( 25 GENTLEMEN, I HOPE YOU CAN HEAR ME. I'M LOUIS

557 4

1 TOKAR FROM VERMILION, OHIO. I BELONG TO THE 2 LEAGUE OF OHIO SPORTSMEN FOR ABOUT EIGHT YEARS 3 NOW, AND WE ARE DEEPLY CONCERNED WITH THE NUCLEAR 4' WASTE-BURIAL SITES AT THE DAVIS-BESSE PLANT.

, .5 I HAVE HERE A RESOLUTION THAT WAS ADOPTED 6 kND PASSED AT OUR FEBRUARY CONVENTION IN TOLEDO 7 LAST FEBRUARY, AND I WILL READ IT TO YOU.

8- " RESOLUTION NUMBER 86-19X." TITLE OF 9 THIS RESOLUTION: " OPPOSED BURIAL OF RADIOACTIVE 10 WASTE ON-SITE AT DA VI S-B ES S E NUCLEAR POWER j

11 STATION."

12 "WHEREAS, TOLEDO EDISON COMPANY OF

) 13 TOLEDO, OHIO HAS APPLIED TO THE U.S. NUCLEAR f

14 REGULATORY COMMISSION FOR AMENDMENT TO ITS LICENSE 15 TO OPERATE THE DAVIS-BESSE NUCLEAR POWER STATION

16. SO AS TO PERMIT BURIAL OF RADIOACTIVE SLUDGE 17 ON-SITE AND UNRESTRICTED USE OF THIS LAND I.N THE 18 FUTURE, AND,'

19 "WHEREAS, THE LOCATION OF THE DAVIS-BESSE l 20 NUCLEAR' POWER STATION IS SITUATED IN THE -IMMEDIATE 21 AREA OF NAVARRE MARSH LANDS ADdACENT TO LAKE ERIE 22 WHICH IS A DESIGNATED FLOODPLAIN AREA SUBJECT TO '

23 FLOODING BY WATERS OF LAKE ERIE, AND,'

24 "WHEREAS, THE BURIAL OF RADIOACTIVE

{

25 SLUDGE IN EXCAVATIONS TWO FEET DEEP AND COVERED BY I

l

-. . -. ,, -. ~ - - , , . . . , - . , - - - . , - - . . . . . . - . - . - _ , - - . . , . - - . - , _ _ - , - _ - . . - . - _ -

553

[ ,

f 1 FOUR INCHES OF SEEDED SCIL COULD RESULT IN 2 RADIOACTIVE ELEMENTS BEING EITHER WASHED OR 3 RELEASED INTO LAKE ERIE FROM THE PROPOSED BURIAL 4 SITE OR THE OMISSION OF RADIOACTIVE WASTE FOR MANY 5 YEARS INTO THE FUTURE, AND,'

6 "WHEREAS, EXPOSURE TO RADIOACTIVE 7 ELEMENTS WOULD BE PHYSICALLY HARMFUL AND 8 SUBSTANTIALLY DETRIMENTAL TO THE HEALTH AND ,

9 WELFARE OF THE AREA RESIDENTS, POSSIBLY

(

10 CONTAMINATING DRINKING WATER WITH HARMFUL (

11 RADIOACTIVE MATERIALS AND GENERALLY ADDING TO THE 12 POLLUTION OF LAKE ERIE, THEREBY ADVERSELY 13 AFFECTING FISH AND OTHER WILDLIFE,'

14 "WHEREAS, SPORTSMEN ARE GENERALLY MORE 15 COGNIZANT THAN OTHERS OF'THE ADVERSE EFFECTS OF 16 ENVIRONMENTAL HAZARDS ON PLANTS, ANIMALS, SOILS 17 AND WATERS, AND ARE ALERT TO THE SIGNIFICANCE OF 18 POTENTIALLY HARMFUL ACTS SUCH AS BURIAL OF 19 RADIOACTIVE SLUDGE IN SHALLOW GRADES, LAKE ERIE 20 FLOODPLAIN.'

21 "NOW, THEREFORE, BE IT RESOLVED THAT THE 22 LEAGUE OF OHIO SPORTSMEN EXPRESSES ITS DEEP 23 CONCERN IN OPPOSITION TO THE REQUEST BY THE TOLEDO 24 EDISON COMPANY FOR PERMISSION TO BURY RADIOACTIVE 25 SLUDGE ON-SITE AT THE DA VI S -B E S S E NUCLEAR POWER

~- - . . . --

553 ,

1 STATION AND URGES THE U.S. NUCLEAR REGULATORY 2 COMMISSION TO DENY THIS REQUEST."

3 THIS RESOLUTION WAS SUBMITTED BY THE OHIO 4 CHAPTER SAFARI CLUB INTERNATIONAL.

5 'A WORD OR TWO ABOUT THE LEAGUE OF OHIO 6 SPORTSMEN. WE REPRESENT PRACTICALLY 88 COUNTIES 7 IN THE STATE O F. OHIO. OUR MEMBERS COME FROM ALL

8 OVER. WE HAVE BEEN IN EXISTENCE FOR 78 YEARS. IN 9 FACT, WE CELEBRATED OUR 78TH BIRTHDAY LAST 10 FEBRUARY. WE ARE NOT A NEW CLUB. WE APPLAUD 11' CONSERVATION OF THE ENVIRONMENT, OF THE AIR, WATER 12 AND LAND USES THE WHOLE LIFE OF OUR CLUB. WE ARE f J. 13 DEEPLY CONCERNED WITH THIS.

14 IF POLLUTION EVER GETS INTO LAKE ERIE, 15 WHERE DO WE GO TO GET A DRINK? MEXICO? NO, NOT 16 ME. I'M NOT AGAINST NUCLEAR POWER, NOR AM I 17 AGAINST SKUNKS, PROVIDED THEY KEEP THEIR DISTANCE.

18 I WOULD LIKE TO TAKE THIS MOMENT TO THANK 19 YOU FOR LISTENING TO ME. I HAVE A COUPLE EXTRA 20 COPIES OF THIS RESOLUTION. IF ANYBODY WOULD LIKE

?

21 A COPY, I'LL GLADLY HAND THEM ONE.

! 22 THANK YOU.

j 23 MR. MORABITO: THANK YOU, MR.

! 24 TOKAR.

l -

25 THE NEXT SPEAKER IS RUTH MAHLER FROM i

. 560 j l1 1 -OREGON, OHIO. SHE REPRESENTS A GROUP CALLED l l

((/'") 2 " HELP", WHICH STANDS FOR HAZARDOUS ENVIRONMENTS I 3 LEAK POISON.

4 MS. MAHLER: HELLO. MY NAME IS 5 RUTH MAHLER. I'M A RESIDENT OF MAUMEE, OHIO, AND 6 I COME AS A REPRESENTATIVE FROM THE HELP 7 ORGANIZATION, WHICH IS THE CITIZENS' GROUP OPPOSED 8 TO THE DISPOSAL OF TOXIC WASTES INTO THE PONDESSY 9 (PHONETIC) LANDFILL IN OREGON, OHIO, WHICH IS 10 APPROXIMATELY ONE MILE FROM THE MAUMEE BAY, AND 11 THE EVERGREEN HAZARDOUS LANDFILL LOCATED ON THE 12 SAME WATERSHED, THE OTTER CREEK WATERSHED, WHICH

() 13 IS LOCATED FIVE MILES WITHIN --

WHICH ARE LOCATED- f 14 FIVE MILES --

WITHIN FIVE MILES OF EACH OTHER IN 15 THE SAME AREA.

16 WE WOULC LIKE TO MAKE KNOWN OUR 17 OPPOSITION TO THE LAND DISPOSAL OF NUCLEAR WASTE f

18 ON THE SAME BODY OF WATER, LAKE ERIE, AND ITS 12 19 CUMULATIVE EFFECTS OF RADIATION AND TOXIC 20 CVEMICALS ON OUR DRINKING WATER.

21 ACCORDING TO RESEARCH DONE BY DR. DON 22 HITHING, WHO WROTE " PROVEN PROFITS FROM POLLUTION 23 PREVENTION," SOME UTILITIES HAVE SET UP RECYCLING

~N 24 PROGRAMS FOR LOW-LEVEL RADIOACTIVE SLUDGE, (V 25 INCLUDING DUKE POWER FROM THE CAROLINA POWER AND

l l

561' 1 1

^

l LIGHT COMPANY. WE ENCOURAGE YOU TO INVESTIGATE i

'D 2 RECYCLING AS A MORE DESIRABLE ALTERNATIVE THAN '

3 LAND DISPOSAL.

l 4 THANK YOU. '

l 5 MR. MARABITO: THANK YOU, MISS 6 MAHLER.

7 UNLESS THERE IS SOMEBODY ELSE WHO WISHES 8 TO SPEAK, OUR NEXT SPEAKER WILL BE THE LAST OF THE l

9 EVENING. KEVIN d. ZEIHER --

AND I'M SURE I 10 MISPRONOUNCED IT.

11 MR. ZEIHER: THAT'S RIGHT.

12 MR. MORABITO
AN ATTORNEY AT LAW

) 13 FROM THE CITY OF SANDUSKY.

14 IS THERE ANYBODY ELSE WHO WISHES TO i

15 SPEAK?

16 MR. ZEIHER: WELL, I DON'T WANT 17 TO SAY WE'VE SAVED THE BEST FOR LAST, BECAUSE I'M l

e 18 NOT SURE WE HAVE. ,

19 JUDGE HOYT: HOW ABOUT GIVING 20 YOUR NAME?

21 , MR. ZEIHER: MY NAME IS KEVIN 22 ZEIHER. I RESIDE IN HURON, OHIO. I AM AN 23 ATTORNEY PRACTICING LAW IN THE CITY OF SANDUSKY. ,

24 AS I SAID, I'M NOT SURE WE SAVED THE BEST 25 FOR LAST. I'M NOT AN EXPERT. I'M HERE AS A 1

1

562 l

1 PRIVATE CITIZEN, BUT I HAVE A FEW COMMENTS I FEEL c')

ks 2 COMPELLED TO MAKE HERE THIS EVENING.

1 3 I'M 35 YEARS OLD, AND I'VE LIVED ON THE

,. 4 SHORES OF LAKE ERIE MY ENTIRE' LIFE. DURING THAT 5 TIME, I HA VE CONSUMED LAKE ERIE WATER AND AM PROUD  !

6 TO BE HERE TODAY STANDING IN FRONT OF YOU. I'  !

7 DON'T KNOW WHERE I WOULD BE IN THE NEXT 35 YEARS 8 IF RADIOACTIVE SLUDGE IS PERMITTED TO BE BURIED AT 9 DAVIS-BESSE.

10 I'D LIKE TO THANK JUDGE HOYT FOR THE 11 OPPORTUNITY TO ADDRESS THIS GROUP AND THE NUCLEAR 12 REGULATORY COMMISSION FOR PERMITTING US TO SPEAK 13 HERE THIS EVENING.

]

14 I 'M TR OUB LED TO SEE THERE ARE NO PUBLIC 15 OFFICIALS HERE TONIGHT. I DON'T KNOW THE REASON 16 FOR THAT. I'M ALSO TROUBLED TO SEE THIS HEARING 17 WAS NOT BETTER PUBLICIZED THAN WHAT IT WAS. I 18 ASKED ONE OF THE PEOPLE THAT WAS SITTING NEAR ME 19 UP THERE WHERE HE READ ABOUT IT. HE SAID HE SAW 20 IT SOMETIME BACK INTO CLEVEL AND__ELalM_EEALER . I 21 WAS HAPPY TO SEE IT IN THE SANQMSKr_REE111ER, AND 22 TOOK NOTE OF IT, BUT I WISH IT WOULD HAVE BEEN 23 BETTER PUBLICIZED BECAUSE I THINK THIS IS A VERY 24 IMPORTANT ISSUE, NOT JUST TO THE PEOPLE HERE

(^T)

( 25 TODAY, NOT JUST TO TOLEDO EDISON, BUT TO THE l

. - - - ~- - -. .

563

(

/

l PEOPLE O F. THE STATE OF OHIO, THE STATE OF s 2 MICHIGAN, THE STATE OF PENNSYLVANIA, THE STATE OF l

3 NEW YORK, AND CANADA, THAT ALL SURROUND LAKE ERIE.

4 THERE ARE NO GUARANTEES THAT THIS 5 DISPOSAL METHOD WILL WORK. IF IT DOES NOT WORK,

, 6 THE SLUDGE VERY LIKELY COULD BE PUT INTO OUR WATER 7 SYSTEM OF LAKE ERIE.

8 TOLEDO EDISON, I'M SURE, IS LOOKING FOR 9 THE MOST ECONOMICAL WAY TO STORE THIS SLUDGE, AND 10 FOR THAT, I COMMEND THEM, BECAUSE WE ALL PAY FOR' 11 THE POWER THAT IS GENERATED BY TOLEDO EDISON. BUT 12 I BELIEVE THAT WE SHOULD NOT BE --

WE SHOULD NOT

() 13 BE FORCED TO PAY FOR THE CHEAPEST METHOD WHEN 14 THERE MAY BE A MUCH BETTER METHOD TO STORE THIS 15 NUCLEAR WASTE.

16 NO ONE HAS BROUGHT UP THE POINT THAT IF 17 OUR WATER IN LAKE ERIE IS POLLUTED BY THIS 18 OVERFLOW FROM THE STORAGE SITE, THAT BUSINESS WILL 19 BE AFFECTED. THERE ARE A NUMBER OF FISHING i

20 INDUSTRIES THAT SURROUND LAKE ERIE. I BELIEVE 21 THERE ARE MORE CHARTER BOAT FISHERMEN THAT HAVE I

l 22 REGISTERED IN THIS YEAR THAN HAVE EVER REGISTERED l

23 IN THE HISTORY OF FISHING IN LAKE ERIE.

l 6 l ('s 24 CERTAINLY, IF LAKE ERIE IS POLLUTED, kJ l 25 CERTAINLY IF THE FISH ARE CONTAMINATED TO THE l

---. . - . , - .-- - - _ . , - . - - - - , - . . , - - - = - , , - - - - _ . .,.- , _ - - - _ , , . . - . - . - , - - - - _ - _ . , ~ - - - -

564 1 EXTENT THAT THEY LIKELY COULD BE, THAT IS GOING TO

()'

\/ 2 . CUT INTO THAT INDUSTRY AS WELL.

3 MR. LUCAS MENTIONED THAT HE WANTED TO 4 KNOW WHO WAS GOING TO PAY FOR A SPILL, WHO WAS 5 GOING TO PAY TO CLEAN UP A SPILL. A CHEMICAL 6 SPILL IS EASY TO CONTAIN. A SPILL OF OIL IN A 7 RIVER IS EASY TO CONTAIN. THEY CAN PUT UP BOOMS.

8 THEY CAN 00 OTHER THINGS TO TRY AND CONTROL THE 9 FLOW OF THIS OIL UP AND DOWN THE RIVER. BUT IF 10 THIS NUCLEAR SLUDGE IS WASHED INTO LAKE ERIE, 11 THERE IS NO WAY THAT YOU ARE GOING TO RECLAIM THAT 1

12 NUCLEAR SLUDGE. IT WILL BE DISSEMINATED

'13 THROUGHOUT LAKE ERIE ON THE SHORES OF OHIO, 14 MICHIGAN, PENNSYLVANIA, NEW YORK, AND CANADA, AND 15 POSSIBLY THE OTHER GREAT LAKES THAT ARE CONNECTED 16 TO LAKE ERIE. NO AMOUNT OF LIABILITY INSURANCE, 17 NO MATTER HOW EXPENSIVE, NO MATTER HOW GREAT, WILL 18 BE ENOUGH TO CLEAN UP THIS MESS. NO AMOUNT OF 19 MONEY WILL SOLVE THE PROBLEM THAT CAN RESULT FROM 20 THIS WASTE BEING PUMPED INTO LAKE ERIE.

21 FROM THE DROUTS IN THE SOUTHWEST PORTION 22 RO F OUR UNITED STATES, IT IS VERY APPARENT THAT 23 WATER IS AN EXTREMELY IMPORTANT RESOURCE, AND IF 24 THE PEOPLE THAT LIVE ALONG THE SHORES OF LAKE ERIE 25 COULD BOTTLE UP SOME OF THE WATER THAT WE HAVE DUE

565

._ 1 TO OUR HIGH WATER CONDITIONS AND SHIP IT TO OTHER

- 2 PARTS OF THE COUNTRY, I'M SURE WE PROBABLY WOULD, 3 BUT WE CANNOT.

4 BUT WHAT WE HAVE TO REALIZE IS THAT WATER 5 IS THAT TYPE OF A VALUABLE RESOURCE THAT CANNOT BE 5 REPLACED, CANNOT BE REPLENISHED, AND ONCE IT IS 7 GONE, IT IS GONE.

8 IF THE SLUDGE IS P E F: M I T T E D TO BE STORED 9 AT DAVIS-BESSE, AND IF SUCH, AS IN.1974 OR 1973, 10 THERE ARE THE TYPE OF FLOODS THAT ARE APPARENT 11 ALONG THE SOUTHERN COAST OF LAKE ERIE, THIS SLUDGE

. 12 IS GOING TO BE MIXED IN WITH THE-LAKE ERIE WATER

) 13 AND WE AREN'T GOING TO BE ABLE TO GIVE IT AWAY.

^

13 14 THANK YOU, JUDGE.

15 - - -

16 (APPLAUSE.)

I 17 - - -

\

18 JUDGE HOYT: DO WE HAVE ANY 19 ADDITIONAL PERSONS HERE WHO HAVE NOT HAD AN j c 20 OPPORTUNITY WHO MAY WISH TO COME FORWARD NOW? I I

l 21 (NO RESPONSE.) l l 22 JUDGE HOYT: WELL, WE'LL GO OFF 1

23 THE RECORD FOR A FEW MINUTES AND WE'LL STAY UNTIL l l 24 8:30 AT LEAST TO SEE IF ANYONE ELSE COMES IN WHO l 25 MAY WISH TO MAKE A STATEMENT.

j >

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566

. 1 (RECESS.)

2 JUDGE HOYT: I HEAR NOTHING FROM 3 ANYONE, SO WE'LL CLOSE THE RECORD.

4 THE HEARING IS IN RECESS UNTIL TOMORROW 5 M3RNING AT 9:30 A.M.

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, 7 (THEREUPON, THE PROCEED _INGS WERE ,

8 CONCLUDED AT.8:39 P.M. ON AUGUST, 6, 9 1986.)

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l 1 C E R T I F I C A T E C/' 2 - - -

3 I, KENDRA E. JOHNSTON, REGISTERED 4 PROFESSIONAL REPORTER AND NOTARY PUBLIC IN AND FOR 5 THE STATE OF OHIO, DO HEREBY CERTIFY THAT THE 6 FOREGOING IS A TRUE AND CORRECT TRANSCRIPT OF THE 7 PROCEEDINGS BEFORE THE UNITED STATES OF AMERICA 8 NUCLEAR REGULATORY COMMISSION, ATOMIC SAFETY AND 9 LICENSING BOARD, ON WEDNESDAY, AUGUST 6, 1986, AS 10 REPORTED 8Y ME IN STENOTYPE AND TRANSCRIBED BY ME 11 OR UNDER MY SUPERVISION.

12

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KENDRA E. JOHg3 TON, R.P'.R.

15 NOTARY PUBLIC IN AND FOR THE STATE OF OHIO 16 MY COMMISSION EXPIRES: JULY 13, 1987 17 18 19 20 21 22 23 24 25

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