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fgh. O b / GA' g / [. ' . dry i-i s1 RRY, DREYFUS.k McTERNAN i (*- 341 Ma'rket Street / 2 San Francisco 5, California 'i EXbrook 21320 'i 3 ,4. HEISLER & STEWART Lineoln at Seventh P..O. Drawer 3996 '5 Carmel,' California MAyfair 4-1202 6 Attorneys for Petitioners' l 7 8 -l c 9 1 f 10' 11 IN THE SUPERIOR COURT OF THE STATE OF CAEIFORNIA 3 12 IN AND FOR THE COUNTY OF SONOMA
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,it 1 13 zC 5{ .3 14 NORTHERN CALIFORNIA ASSOCIATION ' -), I l t o TO PRESERVE BODEGA HEAD AND ) $s=E j*!4 15 HARBOR, a corporation, MARY DARLING,' ) SILAS DARLING, CHARLES GOODALE ) m 1 2 g 16 and DORIS SLOAN, - ) 1 0 3 ) ) g ;y 17 Petitioners, W . ) l f g 18 vs. NO. j .gg ) 1 19 THE BOARD OF SUPERVISORS OF THE ) ) l COUNTY OF SONOMA, STATE OF ) 20 CALIFORNIA,. -) J ) i 21 Ae spondent. ) I ) 22 ~j 23 PETITION FOR WRIT OF MANDATE OR CERTIORARI 24 The verified petition of NORTHERN CALIFORNIA ASSOCIATION TO I 25 PRESERVE BODEGA HEAD AND HARBOR, a corporation, MARY DARLING, 28 SILAS DARLING, CHARLES GOODALE and DORIS SLOAN, for a writ of 27' mandate or certiorari respectfully shows: 28 I 29 Petitioner NORTHERN CALIFORNIA ASSOCIATION TO PRESERVE j 30 BODEGA HEAD AND HARBOR is a corporation organized and exirting under l ' Ol' and by virtue of the laws of the State of California; its corpore.te purposes are 32 to protect and preserve the scenic beauty and recreational valca s of Bodega l 1 . fa. e i j]$ j i-s ..v l l 4 .. d k e_
.e G d ., = _ u. 'i e. . n p ? t 1 Head, Sonoma County, against'commer,cial and industrial intrusion. 2 u .3 Petitioners MARY DARLINO and SILAS DARLINO are now and have 4 >een at all times rnentioned herein residents, citizens and taxpayers of th'e'.. County Ef Sonoma, 'S' tate.o' f California:'they reside on real property owned by 5 6 them situated in the town of Bodega Bay, approximately one and one-half miles 7 from the site of a certain proposed nuclear-fueled reactor at Bodega Head, ) 8 ' hereinafter described.' 9 III' 1 -j 10 Petitioner DORIS SLOAN is now and has been at all times herein' 11..m.entioned a resident, a citizen, and a taxpayer of the County of Sonoma : ' '12 Stats of California; she resides on real property owned by her situated at 734 .g rf 13 Litchfield Avenue, in the City of Sebastopol, approximately eleven miles.from-l zt 5l 14-the site of tho'said proposed nuclear-fueled reac,to'r at Bodega ' ead, H tx=o
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. 15 IV Ih 16 Petitioner CHARLES OOODALE is now and has been at all times - ! gg 17 herein mentioned the owner of real property attuated r var Bloomfield in the 18 County of Sonoma, State of California, and a taxpayer on the tax rolls of <= '{ 19 Sonoma County; his resi property is approximately.six miles from the site of a 20 the said proposed nuclear-fue' led reactor at Bodega Head.- 21 Y 22 Respondent BOARD OF SUPERVISORS OF THE COUNTY. OF 23 SONOMA (hereinafter referred to.. as ' " BOARD") is composed of the - 1 l 24 following duly elected, qualified and acting members: E. J.
- Ouidotti, 25 Ouy King, Arthur Roonavaara, Leigh Shoemaker and -Carson I
4 26 Mitchell. 27 .VI 28 PACIFIC OAS AND ELECTRIC COMPANY was. and is now a i 29 corporation organiisd and existing under and by virtue of the laws of the 30 State of California, with its' principal place of business 'in the City and County 31; of San Francisco, State of California. - gg 8 't. I 1: i I e
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/ l'.' t i .~. t 1 1 VII ,i 4 4 On'or about Februs.ry 9,1960 reepondent BOARD did by Resolution i 2 <1 3 Number 19082 grant to the Phcific Gas and Electric Company a use permit to j ' 4 construct a steam generating power plant on Bodega Head, f' o 5 VIII 6 The said use permit granted Pacific Gas and Electric Company by l 7 respondent BOARD was and is illegal in that Pacific Gas and Electric Company i l l 8 failed to furnish,to the Planning Commission of Sonoma County or to the I j 9 respondent BOARD, together with its application for the said use permit, any l I ~ 10 sets of plans and elevations showing the detail of the proposed use, as-11 required by Ordinance Number 573 and the Zoning Ordinance of the County of 12 Sonor.da, which ordinances were at all times herein mentioned duly adopted and I zg 13 in full force,and effect. 20 1 5 14 1X Cxlag 3-8: 15 The said use permit granted Pacific Gas and Electric Company by
- sl 4 respondent BOARD is illegal in that neither the Planning Commission of 2
e,gl16 Es 17 Sonoma County or the respondent BOARD gave notice of hearing upon the said i 9I gg 18 application for use permit by Pacific Gas and Electric Company by publication l s, i 19 in a newspaper of general circulation, or by posting such notice in conspicuous l 20 places close to the property affected thereby, or by use of the United States 21 mails., or in any other manner,.as required by Sections 65951 of the 22 Government' Code of California, 23 X 24 The said use permit granted Pacific Gas and Electric Company by 25 respondent BOARD is illegal in that neither the Phanning Commis sion of 26 Sonoma Cou'nty nor the respondent BOARD held a public hearing upon the said e i 27 application for the said use permit to determine whether the proposed use 28 would be detrimental to the health, safety, peace, comfort and general welfare 29 of the people of Sonoma County, or whether the proposed use would be detri-30 mental to the character or development of the territory in and around Bodega 31 l Harbor or would not otherwise adversely affect the welfare of the said 32 territory or of the said county, all as required by Section 65951 of the s. L i I >l ...d-
.( ,....J... d .O j t 1 1 Covernment Code of California. 2 XI 3, The said use permit granted Pacific Gas and Electric Company by respondent BOARD is iklagal in that the' respondent BOARD failed to require 4 the Planning Commission of Sonoma County, prior to the formulation of its 5' 6 recommendations to the respondent BOARD respecting the said application for '7 use permit,' to forward to the Sonoma County Tidelands-Harbor and Beach 8 Commissica, for its review and recommendation, a cop of the said use 9 permit application and a set of the plans and elevations showing the detail of lo the proposed use, and further failed to require the said Planning Commission to receive and consider the recommenda.tions of the $ arbor Commission with 11 12 respect thereto, all as required by said Ordinance' Number 573. z$ 13' XII - b 14 The said use permit granted Pacific Gas and Electric Company by the ';; i o jg 15 respondent BOARD is illegal in that the respondent BOARD amended the Zoning 3 a v 2 18 Ordinance of Sonoma County without compliance with the requirements of the 3, j 17 said Zoning Ordinance or of Chapter 4, title 7 of the Government Code of h 18 California, in that the respondent BOARD granted the said use permit (a) for a = 19 period of five years,. and (b) without requiring the applicant to submit two sets 8 20 of plans and elevations showing the detail of the proposed use. 21 Xm 4 22 Respondent BOARD's said issuance of the said use permit to Pacific 23 Gas and Electric Company was in excess of the jurisdiction of the Board, was 24 unlawful, improper, arbitrary and capricious and constituted an abuse of the ' 'oard's power and discretion. 26 XIV 27 By reason of the foregoing acts and omissions of the respondent j 28 BOARD, petitioners were deprived of substantial rights, including the right to 29 notice of the said application for use permit, the*right to be heard in l 30, opposition thereto, and the right not to be injured in person and property by the 31 proposed nuclear-fueled reactor, and have been deprived of property without f 32 due process of the law. l 4 i i i l 1 3
I w n n 5 1 XV 1 Purp'orting to act under authority of the said use permit, Pacific Gas '2 and Electric Company now threatens to construct, an'd within sixty days last 3 past has_ commenced cons'tructing, including necessary site preparation, and i 4 threatens to operate, at Bodega Head a nuclear-fueled boiling-_ water reactor 5 ciectric-generating unit. l 6 XVI et If the said ruclear-fueled reactor is constructed pursuant to the said 8 illegal use permit, petitioners will bea2bstanttally damaged in that the value 4 ^ 9 of their real property will be lowered and the security of their homes and l 10 busiriesses menaced by ra'dioactive materials and wastes, and will thereby be 11 deprived of property without due process of law. l XVII i 12 1 zg 13 Public hearing upon due and legal notice to adjoining property owners 14 and to the public, and plans and elevation's of the proposed generating unit, if f 4 sac t 3 jj.{ 15 furnished, all would have disclosed that: m 2 16 A. Pacific Gas and Electric Company proposes to. construct a gg '17 nuclear-fueled boiling water reactor electric-generating plant' at Bodega Head, ,5l '18 constituting a serious threat to marine life in and around Bodega Bay. j <f ' 19 B. (1) The proposed nuclemr-fueled reactor at Bodega Head willi O i o 20 discharge radioactive wastes'into the air and into the ocean wcter, contamina- !' i 21 ting surrounding ocean waters and the atmosphere of Sonoma County. 22 (2) Radioactivity is the name given to the processes whereby!
- 23 atoms produce certain radiation by reactions.cf the atomic nuclei.- A material 24 containing atomic nuclei that produce these radiatiens is called radioactive.
25 (3) Ionizing radistions are of gr'est significance to human 26 beings because the amount of energy contained in a single unit of the radiation 27 as emitted by the nucleus of an individaal atom is sufficient to disrupt or 28 ionize molecules by separating electrons from them or by causing other. 29 damage to them. The effects of ior.izing radiations on living cells are chemicakI 30 in nature. 31 Radiations known as gamma rays are produced by radioactive j 32 nuclei. In general gamma rays are highly penetrating, so thr.t the gamma rays, 5 'i i l l.
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. l n. 't n n from a source exterior to the human body niay pass through the entire body, ] g '2 and affect every part of the body, through absorption by the tissues of the body. 3 The gamma rays ionize _ atoms or molecyles and also produce fast moving - ~ electrons'that serve further to ionize atoms or molecules in the tissues of the 4 5* body. l Gamma rays may also be produced by radioactive nuclei within l 6 the tissues of the human body itself. Their effects upon the tissues of the body 7 are similar to those of the gamma rays from exterior sources. 8 Seta rays or beta particles, which are electrons emitted by the 9 radioactive nuclei, have a limited range in the tissues of the human body. Beta .10 Particles frein a radioactive source external to the human body may irradiate 11 the tissaes to.a certain depth, and may cause skin burns and other damage. 12 Beta particles from internal radioactive materials such as beta-emitters in 2 13 ~ the bones, irradiate the adjacent tissues and may cause damage, g4 Alpha particles, from alpha emibers in the human body produce 15 $ " I' damage to the adjacent tissues, similar to the damage done by other forms of 16 4 high-energy radiation. g{"w, p (4) The radioactive process cannot be easily speeded up nor [ gl 33 <y slowed down; their rates in general depend only on the nature of the radio-l j og gg I o* activi at mic nuclei that are inv lved. The rate of a particular radioactive 20 reacti n of an at mic nucleus is described by its half-life. The half-life is the 21 22 period of time during which half of the atomic nuclei undergo reaction. At the 23 end of one half-life one half of the nuclei have decayed, and the radioactivity of 24 the sample is reduced to half of its initial value; at the end of two half-lives 25 three quarters have decayed, and the radioactivity is one quarter of the l 26 initial radioactivity, and so on. The half-lives of some radioactive nuclei are 27 as hir,h as billions of years, while the half-lives of others are only a fraction 28 of a second. 29 (5) From the biological point c'f view any quantity of radio-l 30 active fallout, no matter how small, is undesirable. .31 Penetrating radia. tion cf the sort produced by radioactive 32 fallout does harm to the human body and the pool of human gcrm plasm th:.t 1 l 1 j l u l r I i t j
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1 -2 Exposure of the reproductive organs of a living organism, in- ),., 3 cluding a human being, results in genetic damage through the production of 4 genetic mutations. There is no minimum amount of radiation dose that must be f i 5 exceeded before mutations occur. Mutations are believed to occur in number J e essentially in direct proportion to the dose of radiation, for small amounts with 7 an increase in the proportionality factor, pe,rhaps fourfold, for very large l I a amounts of radiation in a short period of time. -{ \\ I 9 A genetic mutation is a change in the hereditary material of an -! 10 organism, a change in the genes and chromosomes'en which heredity. depends. I 11 It is this hereditary material, germ plasm, that'is trans.mitted to offspring, g 12 and that determines the nature of the offspring. r! 13 Almost all mutations in human beings are harmful. They re-f rg g 14 sult in fetal death, still-births, childhood deativs from various diseases of '; sl = o ,jjj" 15 hereditary origin, and serious physical and mental defects that increase the m. N j.2l l 18 amount of human suffering. Extremely.few mutations in human heings are lI 17 beneficial. It is believed by geneticists and molecular biologists that the .o reason that most mutations are harmful is that a mutation is essentially a ! 'l 18 < < {= l 19 random change in the molecules that constitute the genetic material, and that ! 2
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i i 20 at the present time the genetic material has, through a process of natural I 21 selection, been selected in such a way that it is extremely difficult for it to be improved, and that a random change is accordingly much more likely to be 22 23 harmful than beneficial. 24 The mutant gene that is produced by a mutation is passed down i - 25. to subsequent generations, and may do harm in some future generation. Deleterious mutant genes that cause major impairment are eventually elimina. l 26 ). 27 ted from the pool of human germ plas', since they increase the death rate or m lower the fertility o,f the persons carrying them.' Mutant genes th'at cause only 28 + l-29 a small amount of harm persist much longer and n ny affect a correspondingly 30 larger number of persons. Minor mutations may in the long run cause more i >y 31 human suffering than the more serious ones, because they are eliminated more;
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.n .. a. e L. h O I mv - c- -j..- 1 o yi) -l F ), '1 The number of rnutations produced by radiation'is proportions il ] 2 to the amount of radiation received by the reproductive organs, and the pro- ] 3 portionality between th,e number of mutations and the amount of redirtica hclds 1 4 even for small amounts of radiation. The total harm to the population measure 5 by the effect on future generations is proportional to the amount cf radiaticr 6 received by the reproductive organs of human oeings. There is no such thir.g } 7 as a safe dose of ionizing radiation. Any amount of ionizing radiation, howeve r 8 stnall, that reaches the gonads of a human being who may later reproduce l, ' nvolves a risk proportional to that amount. 5 - 9 i The genetic damage from atoma 10 radiation is spread over a long time in the future, with only a small fraction l 11 appearing in the first generation. l g 12 The average amount of exposure of the gonads of human beings zl from'the tests of nuclear weapons as they have been carried out during recent 13 z.C 14 years have been estNnated to be in the neighbor, hood of 0.1 roentgen in thirty
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th o 2 j 16 same magnitude, perhaps somewhat smaller, possibly somewhat larger, from i >E g'j 17 internal gamma radiation of ingested cesium 137 from the world-wide falicut, hl The effects of exposure of the gonads of human beings to ionizing radiatio a are 18 such that liundreds of seriously defective children may be expected to be pro-19 8 duced in Sonoma County and adjoining counties by the fallout from a nuclear pow-20 i 21 ered reactor. Some thousands of additional seriously defective children may be 22 expected to be produc'ed by the mutations caused by this fallout of radioactive 23, wa ste s. 24 (6) There is also a high probability that damage is being done j i 25 to the health of human beings now living that is comparable to the genetic damagt ! 26 that is being produced by fallout and that will impair future generations. There i 27 is a high probability that fallout rad!sactivity is producing and will produce 28 additional cases ofleukemia, bone cancer, and other diseases that will lead to. i 29 deaths of human beings that would nct have occurred of would not occur in the 30 absence of a nuclear reactor at Bodega Bay. i 31 Fission reactions of nuclesr reactors lead to the production of f. 32 radioactive. strontium, strontium-90 The chemical prsporties of strontium, e I y e b I s h 1-l
i .._:f. r to m t r R R y 11 including strontium-90, are closely similar to those of calcium. Strontium-90 2 that drops on to the surface of the earth is taken up, together with calcium 3 (although there may be a discrimination factor that operates to decrease the 4 amount of strontium-90 taken up), by growing plants, such as vegetables that 5 are ingested by man and grass that is ea' ten bycois. The strontium-90 that has been eaten by cows in considerable part is transferred to the milk produced by 6 7 the cows and that is then drunk by human b.eings, especially children. The 8 strontium-90 in the vegetables eaten by human beings and in the milk t'r.at is ' drunk by them is then in considerable part deposited, together with calcium, fr. 9 i lo the bones of the human body. All human beings who have lived durirg racem l'1' years have [trontium-90 in their bones, whereEs -a few decades ago there w 12 no strontium-90 whatever in the bones-of any human beings. { rl 13. The nucleus of the strontium-90 atom is radioactive. It emits ${: 2 14 beta particles. After emitting beta particles, the nucleus becomes a nucleus t2=g ljjg of yttrium-90, which is also a beta-emitter, and which, because of the higher 15 IA N 2f 16 energy of its beta particles, produces more damage than the parent strontium-ool 17 90 beta particle. These beta particles that result from the ingestion of f 18' strontium-90.do damage to the tissues in the neighborhood of the bones, in-l 19 cluding' the bone marrow thst produces constituents of the blood. E . 20 There is a high probability that the radiation from strontium-90 21 and its daughter by decay, yttrium-90, as well as from other radioactive nuclei 22 produced by fallout, .uch as the external gamma emitters, produces cases of ;1 23 leukemia and bone ca.cer. i I' 24 (7) Iodine 131 (radio active iodine) produced by nuclear I 25 reactors concentrates in the thyroid and may cause cancer in that part of the 26 humananatomy. Scientists believe that infants amd embryos are probably - 27 especially susceptible to cancer of the thyroid so generated. 1 28 .(8) Neutrons released in the reactions occurring in a 29 nuclear reactor react with nitrogen nuclei in the kir to make carbon-14 (radio-l 30 active carbon, which has a half-life of about 5,600 years). Scientists employed i 31 \\' by the Atomic Energy Cormnission and others have made es:imatas according 1 l i - 32 to which carbon-14 from testing of nuclear weapons through ne year 1953 will .s ~ 9 + y s ^
I ~ ~ l f [ . a i L, m n s l [ a 1 cause substantial genetic damage to the peoples of the world and the petitioners. .'I 2 l say on information and belief that they believe that the carbon-14 profuced by 3 nuclear weapons tests up to and including 1958 will cause 100,000 gross defect l 4 380,000 still-births and childhood deaths and 900,000 embryonic and neo-natal i 4 5 deaths with some possible overlap between the still-births and the neo-natal i e deaths. Scientists are in substantial agreement and the petitioners state on 7 their irJormation and belief that carbon-14 may well represent a larger genstic danger than fission products from ordinary fa.11out if one comparos an inhnity 8 9 do'se delivered over an effective period of 8,000 years (the rre an life of radic- - i 10 active carbon) to one delivered over an effective period of about 40 y' ears (the 11 mean life of ordinary. fission products). 12 (9) The human race has always been exposed to some ionizi: 1 zj 13 radiation.. It is continually being ' irradiated by radiation from natural so rces z 5 14 from the gen 4ral environment, such as uranium,, thorium, radium, etc., and %sno j jjl$ 15 their decay products; from cosmic radiation and from cosmic ray induced. m oa 2 16 radioactive' materials. The aggregate of these radiation source,s is known as -1 i 0 E' 2 j 17 the natural background radiation. G1 j} 18 In addition to the natural background radiation, members of the w 19 human race are exposed to X-rays used in the healing arts and some members 8 thereof, because of their occupation, are exposed to X-rays in industry. 20 21 The radjation resulting from the two sources, namely, the f 22 natural ba'ckground radiation and X-ray radiation has affected and now affects ,23 mankind along the lines indicated as resulting from radiation. The effect upon 24 the human race resulting from the radiation produced by the reaction ar.d re-25 lease of radioactive gases is m addition to the effect resulting from the 26 natural background and X-ray radiation. 27 C. Property, owners in Sonoma County are now and will be unable i 28 to insure real and personal propertyagainst risk 9f loss by damage from a 29 nuclear fueled reactor, whether caused by accident or ordinary operation, 30 drastically lowering property values in Sonoma County. 31, D,' The proposed Nuclear fueld reactor will contain approximately f l 32 150 times as much fissionable material as that containu a the bomb d:ropped.! t j 4 .g lh I I .i. 4 1 1 J l
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people of Sonoma County, and will be detrimental to property r.nd improvements' l l 3 in the neighborhood, i l i 1 I E. The proposed nuclear reactor is'to be located one quarter of a [ I 4 5 mile from the San Andreas Fault line, measurably increr. sing the possibility l 6 of disastrous accidents, threatening communities as far away as Santa Rosa, l 7 Petaluma, San Rafael and San Francisec with radioactive fallout or destruction. 8 F. The proposed nuclear reactor at Bodega Head will cause 9 petitioners to suffer grave,and irreparable injury to their property and business 1 10 G.. The proposed nuclear reactor at Bodega Heal will despoil tho I 11 character of the tideland, harbor, bay and beach areas of Bodega Bay. l if H. History of nuclear fueled reactors in the United Sta.cs, Canada I i a ' gl 13 and Great Britain shows that accidents are not infrequent, occur without z 4 y 14 anticipation or explanation although all prescrib,ed safety measures have been l t, 2
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met, and are uniformly disastrous causing death, irradiation of persons and, 3 jjE 15 i *E l V 1e property, and contaminating substantial surrounding areas wit'n radioactive .Cgll E 17 materials and waste. g{ 18 XVIII 19 ' Petitioners have no plain, speedy or adequate remedy in the course of 2 i 20 law. i l 21 WHEREFORE, petitioners pray: 22 1. That a writ of mandate issue out of and under the seal cf this 23 court, directed to the respondent above named, commanding respondent I 24 BOARD to set aside its decision granting to the Pacific Gas and Electric 1 25 Company a use permit on or about February 9,1960 to censtruct a steam 26 electric generating plant on Bodega Head. 27 2 That pending judgment; the court stay the operation a Resolution 28 Number 19082 of the Board of Supervisors of Sonoma County.- ,29 3. That a writ of certiorari issue froE. this court directed to 30 respondent BOARD, commanding 1: to certify fully to this' court, at a specified ' ' 31 time and place, a transcript of the record e.nd proceedings of said BOARD in f i 32 granting a use permit to ths Pacific Gas and Electric Comp:cf en or about l l 11 I l 1 l 1
1 I I p.,...... p.; - me..... , i.'h., s ~ * '.Q ^ l i 1 February 9,1960 to the end that same be reviewed by this court, and the 2 Resolution of the Board granting such uso permit be set aside and annulled as 3 being made and ordere,d without jurisdiction in the premises. , l 4 4. . For costs necessarily incurred by petitioners hercin. t 5 5. For such other and further relief as may be meet and proper in i,! O the premises, i i 1 ,7-Da. te d: I l i 8 d' i,. 9 GARRY, DREYFUS & McTERNAN t 10 By i 11 I 12 i 13 HEISLER & STEWART a: , y j 14 l By "ls=ojjE 1 15 l
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