ML20214Q368

Finding of Facts Re Davis-Besse Hearing on Site Disposal of sludge-resin Low Level Radwaste.Certificate of Svc Encl

ML20214Q368
Person / Time
Site:	Davis Besse
Issue date:	09/08/1986
From:	Cook G CONSUMERS LEAGUE OF OHIO, SAVE OUR STATE FROM RADIOACTIVE WASTE
To:
References
CON-#386-779 ML, TAC-60875, NUDOCS 8609240333
Download: ML20214Q368 (5)

Text

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y 00%' E,T,ED UNITED STATES OF AMERICA NUCLEAR REGULATOR'I COMMISSION BEFORE ADMINISTRATIVE JUDGE HELEN F. HOIT, ESQ

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In the matter of: ) CFf 1 00C _

TOLEDO EDISON CO. and CLEVELAND )

ELECTRIC ILLUMINATING CO. ) Docket No. 5$-h46k (Davis-Besse Nuclear Power )

Statica, Unit I ) )

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DAVIS-BESSE BEARING ON SITE DIEPOSAL OF SLUDGE-RESIN LOW i.EVEL RADI0 ACTIVE WASTES FINDING OF FACTS:

1. In 1968-9 TEC traded the small Darby Marsh for the $54 acre Navarre Marsh.

2. TEC did not inform the Departmant of the Interior that the Navarre Parsh was part of the Ottowa County Wildlife Refuge Sanctuary and an International Bird Flyway.

3. TEC promised to use about 200 acres of the march for the Davis-Besse Nuclear Power Plant and to preserve tne rest of the carst as a wildlife refuge, altcough TEC al-ready had plans to build 5 reactors on this site along Lake Erie shores.

4. TEC also promised at the construction license hearing that there would be no vaste disposal on the site. ' TEC's operating license (Docket No. 50-346---NFF-3) spears of the reprocessing of spent fuel and of plans to package and ship lcw level wastes to a licensed landfill within 300 miles. It also states there would te no effluent on site. Again these waste plans are stated in the Davis-Besse FSAR-1973 and also the FES-co-1973

5. In 1979 TEC nad applied for Limited Advance WorA Autacrity for Units II & III to be built just south of Unit I. These were cancelled in 1961,,but account for two of the'atsortment of ponds on tne site. TEC's borrow pits, numerous ponds, and drain-age aitch have a run-off into the Toussaint Eiver, wnich empties into Late Erie.

We wonder if the settling basin does too.

6. In 1965 we learn from the Federal Register (Oct ,9,1985) that T3C plannec a shallow site burial of its sludge-resin waste from its settling ponds--also that TEC already had received NRC permission since it was ruled as naving no sitnificant environmental impact. Tnis arrangement with the NRC was made by correspondence and telephone calls.

A6ain there was no mention of the special environmental issues. Ohio people were also shocked to learn that there was a E ettling pond on the Davis-sesse site am say auth-orized and operating.

7. Widespread objections of countless daio crganizations and individuals to this crude site disposal plan lea to Governor Celeste's request that tbe State of Ohio be an intervenor in the hearing throup;b the Office of tne Attorney General and the Ohio Department of Natural Rescurces.

8. The hearing was scheduled for the last ween :n June-1966, but TEC ;.as granted a deiay because of a strike among its employees. cince the Davis-Bess: piant had not been operating for over a year following the June-1985 serious calfunction, people thaught it a bit odd that employees would be strising for fringe benefits at this time. The hearing was rescheduled for the first week in August with a tour Aug.4 of the DEvis-Besse site for the intervenors.

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b 9. The tour incluced a view of the incredibly primitive settling ponds and of a field marked with red-flagged stakes to indicate the general location of the burial site.

Intervenors were provided no view of the dikes nor were they clearly labeled on the map. NBC's Judges Hoyt and Kline greeted the intervenors.

10. Ohioans objections to the site burial were many;

a. Danger of further contamination of Lake Erie after 25 years of cleanup efforts.

b. Danger to millions who depended on Lake Erie for water supplies and to north-western Ohioans whose essential ground water might be contaminated.

c. Endangerment of Ohio's environmental resources, since this area had many profit-able industries which might be adversely affected--especially the recreational, such as camping, sport-fishing and boating.

d. Destruction of state wildlife preserves from loss of vegetation and loss of wildlife habitats for many native species, including several birds on the en-dangered species list. Endangerment of migrating birts. Radiation in the food chain,

e. Destruction of fish life since their spawning reefs are off-shore in this ,

, area. Reduction and contamination of fish with losses to the very profitable

, fish industry.

f. Shock that the NRC would consider a marsh or floodplane area suitable for a low level waste dump and crude settling ponds. /

g. Disgust that TEC is now pretending that the Navarre Marsh is only 400 acres east and north of the Davis-Besse site.

11. Our intervening group had been informed by area fisnermen that the Davis-Besse dikesj after years of pounding waves, were in very deteriorated condition. We made tuat one of our contentions. Fishermen later informed us that TEC had repaired and up-graded the dikes during tne summer, before the hearing but after our contentions had been received.

12. The first day of the hearing Mr. Anthony Celebrezze, Ohio Attorney General, and Mr.

Joseph Sommer, Director of the Ohio Department of Natural Resources, made very effec-tive presentations of the reasons for Ohio concerns. Then Mrs. Vir6 1 nia Aveni, Dep-uty Director of Ohio EPA explained the responsibilities of Ohio EPA with respect to TEC's plans.

13. The main issues debated in the hearing were naturally:

a. The unsuitable geology and hydrology of the Davis-Besse site for a low level shallow vaste burial. The dan $er of both lake and groundwater contamination.

b. The local threat to public health and the effect on the environment---the wild-life refuge, migrating birds, the loss of commercial enterprises and the loss of state recreational areas.

c. The destructive effect of frequent violent storms, winds and flooding,'and l their effect on erosion of the burial site and consequent migration of its hazardous contents.

d. The chemistry and durability of the resins used to absorb the radionuclides from the secondary desineralizing system. Tce possible reaction of other substances with the resins (Ex. kiln dust) and release of radionuclides into the environment.

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e. The lack of testing and necessary specifics to assure safety in the construc-tion and operation of theAcells.

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The State of Ohio was represented by 3 Deputy Attorneys General and Y witnesses from the Unio Department of Natural Resources, whose wort was very clearcht and effective.

TEC had 13 witnesses- all well renearsed- including several from its own staff. For most of the public present this was a first experience with an NBC hearing.

14. The State contended that TEC's geology studies were quite inadequate and revealed

, a limited understanding of indications of soil types, permeability, and water flow patterns at the Davis-Besse site. State also thought TEC should have made a thor-ough hydrology study.

15. Mr. Van Kley busily pried details out of TEC'c witnesses bit by bit until Mr. Hen-dron admitted that TEC's geology findings and hydrological observations were done

< in 1970 relating to the construction of the Davis-Besse nuclear plant.

j 16. Tne State testified that there had been a major advancement the last decaae in both 4

knowledge in the fields of both geology and hydrology and understanding of soil in-dications. Greatly improved instruments and equip.nent were in use witn aavanced tecnniques. Also the process of deep excavation in the past usually smeared evi-dence of sana and gravel layers, of. cracts, of soil pemeability, and of tiny water flow pathways. Bore logs were frequently deceptive where parts of the core were '

missing.

17. TEC contended that State's observations and references to studies of experts made

, their statements generic rather than specifically applica' ole to tne Davis-Besse

' area in both geology and hydrology. .

18. State pointed out the similarity of till, glaciolacustrine, I

clay and. sand putterns of soils for the whole Great Lakes area', and especially for Ottova County with its widespread marsh areas. State reviewed evidence of early glacial movements in soil patterns. State contended there was an upper till aquifer which, when saturated, drained into Lake Erie, the Navarre Marsh, and the Toussaint River. Also State cited indications of drainage pathways-some lateral and then down into the 6round water and bedrock lower aquifer. Mr. Pavey. insisted that by all indications, the water in tne glacial sealments connectea to the bedrock--that tne fluctuations were-there. State cited "Tne' Soil Survey of Ottowa County" by Gordon and huebner in sup-port of its findings of cracks, fractures, thin seams, lenses, and forc erstree root flow paths (from the early forests) to account for drainage down to the 6rdund water aquifer from the till above. Even one of TEC's own boring roles (B-125 from 1974--

ATEC Assn.,Inc.) documented the presence of sand layers.

19. TEc insisted there .as no upper aquifer and that layers of till and glaciolacustrine la'cked any remeability. State ci.ted inciequate TEC testing and tne deceptiveness of faulty tore cores with parts missing.

i 20.St$scontendedthatthewholeofnorthwesternOhiodependedonthesameground water bedrock aquifer system,, which included the entire Ottowa Marsh area. TEC s stated that well water in the Davis-Besse area was unpleasant from sulfur content.

Several systems for sulfur removal were said to be successfully in use amon6 those

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dependent on the well water.

.21. Both sides agreed the limestone-dolcaite bedrocs was highly pemeable. Also the i

ground water levels were responsive to weather, seasons, lake levels, river levels, and marshlands. When nigh northeast winds raised the Lake Erie water levels at the west end, the ground water levels also rose. After the stom, the flow of both was gradually reversed. TEC verified the extent of the groundwater system and its perm-

eability from the vide radius affected by its dewatering procedures in early 1970's.

l State observed that ground water was released into Lake Erie tnrough the pemeabl'e

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bedrock that extended out into Lake Erie.

22. State challenged TEC's report of the average frequency of flooding incidents in the Ottowa area. When the number of incidents was averaged over a 25 year period, the problem appeared less menacing. This method hid the fact tnat with the present unprecedented high levels of Lake Erie, about 3/4 of the flooding episodes had occur-red during the preceding 6 or 6 years. In other words, flooding had markedly increased with high lake levels. Prognostications about future lake levels differed.

State's source anticipated a gradual continued level increase through 1994. TEC's witnesses are sure that lake levels will recede back to normal average levels by 1994. Time win tell. The Davis-Besse site was flooded in both 1972 and 1973 Also fonowing 4 northeast windstorms between 1968 and 1973, the Davis-Besse shore-line receded 20--60 feet. Shore property erosion is of major concern these days.

23. TEC plans 6 burial cells--a plan presented just before the hearing. The first is a triple cell unit, next a double unit, and finally a single cell about 162 by162 ft.

The cells are southeast of the plant and close to the easterly carsh, and not far from the Toussaint, which e.apties into Lake Erie. TEC plans to fill one cell every 5 years. Eacn will be shapea like a square bowl witn a 4 ft. liner composed of 2'6" of compacted clay, toen a plastic memorane liner, plus a foot of a leachate collec- .

tion layer topped with 6" of clay. The sloping sides will be supported by a clay dike with rip-rap. The burial depth win be about 81/4 ft. to hold approximately 34 000 ft.J of the 5 year accumulation of sludge-resin vaste. The topper win be 3

4 ft. of clay in the center tapering in a n directions to 2 ft. at the edges and overlapping the top of the outward sloping dike. The vaste is to be mixed with cement kiln dust, which should harden the waste to compact clay consistency.

24. We don't know how the wastes will be pumped out of the settling pond. Or what or how they'll dispose of the water tnat comes with it. We don't know how they plan to mix 34,000 ft.J of sludge with cement kiln dust or aecide how muca kiln dust is needed. We don't know the sind or tnickness of the membrane liner or whether it will split under the weight of a bulldozer or backhoe--even with large rubber tires, We don't know whether the clay liner will hold up either or wnether it will crack ween cried out.

25. TEC estimates 8 or 9 days to transfer the waste froa settling basin to burial ce H and mix it with kiln cust. Toen the waste will be exposed for a couple cays to the weather unile the cap is bein,e appliea. We don't know wnat tne chemical reaction will will be between tne kiln dust ana the resin or how muca radiation could be released from tne resin to migrate about the area. Wedon'tEnopheeffectofgroundor water-contained enemicals reacting witn the resin. We con't know how long the cell will remain intact under winds, storms, and flooding. We're not sure aoout the im-pulses of furry burrowing creatures. We don't know whether TEC is creating another

" BATHTUB EFFECT." Ohioans would be grateful if the NRC would call a halt to it.

Northern Ohioans would be eternally grateful also if tne NRC would tame a good hard look at the even more hazardous primitive settling casin on the Davis-Besse site to see if they honestly still think "no significant environmental impact."

Sept.8,1986 Respectfully submitted on behalf of Intervenors:

Original received oy Consumers League of Obio Judge Helen F. Hoyt Save Our State from Nuclear Waste Sept.8,1986 Arnold Gleisser by Federal Express Ge vieve S. Cook l

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4 CERTIFICATE OF SERVICE Judge Helen F. Hoyt, Esq. Ohio Assistant Attorneys General Administrative Juage Jack A. Van Kley U.S. Duclear Re6ulatory Co:=nission Snaron Sigler Atomic Safety and Licensing Boani Edward Lynch 4350 East-West Highway---4th Floor Environmental Enforcement Section Bethesda, Maryland 20814 30 East Broad St.

Columbus, Ohio 43215 Jay E. Silberg Snaw, Pittman, Potts & Trowbridge Terry J. Lodge 1800 M Street, N.W. 618 North Micnigan St. Suite 105 Washington, D.C. 20036 Toledo, Onio 43624 Charles A. Barth, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Com:nission

• Washington, D.C. 20555 Docket & Service Section Office of the Secretary U.S. Nuclear Regulatory Coc: mission Washington, D.C. 20555 l

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