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May 16,1%3 i
l Mr. Arthur W. Warphy, Chairman
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Daer, Marks, Friedmen & Ber11ner 20 Exchan6e Place New York, New York 1
Dr. Richard 1 Dean l
l Manager, Atomic Energy Division l
l-Phillips Petroletas Company 1
Iddio Falls, Idaho Dr. Abel Wolman Department of Sanitary Engineering and Water Resources The Johns llopkins University Baltimore, Maryland l
In The Matter of Pacific Gas & Electric Company
[
Docket Mo. 50-205 i
Gentlement I
Enclosed for your review is a copy of the decisional record to dat.e in the matter of the Pacific Cas & Electric Company application for license to construct and operate a nuclear power reactor at Bodega Bay, California. Copies of the AEC staff hasards analysis and the applicant's susanary description, along with any other information which might later be determined to constitute a part of the de-cisional record, will be forwarded to you when available.
Sincerely yours.
Gerald lladlock, Counse!
/EC Regulatory Staff Enclosurest DISTRIBUTION:
1.
ACRS ltr dtd 4/18/63 Formal 2.
PCEE ltr dtd 4/1/63 Supplementary 3.
PG&E Itr dtd 3/4/63 Public Document Room 4.
AEC Ltr to PGLE dtd 2/26/63 G. Iladlock 5.
Pc6E ltr dtd 12/28/62
.C. T. Edwards 0.
P,.* '.1;nn 'pp!!stin omise, PG&E Pretheimary Hasards sannsry Report 1 /d31 gaa
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Joe Fouchard, Division of Public Sept. 21, 1962 Inforiestion, Headquarters' Rodney L. Southwick, Assistant to the Hanager for Public Information, SAN ADDITIONAL HEARINGS ON PG AMD E 'BODECA BAY PLAfff MI ELS i
l This memorandum supplements one of March 10, 1962, on the same sub-ject. A brief summary is given of the hearings of May 21 and 22,' and June 6, 7 and 8, 1962,_ conducted by the California PUC. Notes are J
hased on-transcripts'of hearings borrowed for the purpose. :This memo covers Volumes IV through Vlil, pages 510 through 1,498. - Notes have been briefed sharply except for references to Dr. Seaborg in his capacity as Chancellor of the University, Berkeley.
Because of many protesta received by the Public Utilities Coamsission after March,1962, hearings were ordered reopened by the PUC and j
sessions are conducted by Examinar Imonard Patterson. At the open-ing May 21. Patterson stated that 240 letters from individuals and petitions with signatures of 1,015 persons had been' received by the I
PUC. some supporting letters and petitions also were received.
At the outset of the hearing PCE's witness _ introduced the new AEC Site Criteria which he said becanne effective May 12, 1962.- The cri-teria were discussed in some detail, particularly as to exclusion areas and distances related to earthquake faults. Other background by PGE presented in March was updated.
Then the following witnessas appeared:
1 Dr. Joel F. Gustafson, Professor of Biological Sciences, San Francisco State College, opposed the project because of earthquake fault loca-tions, and criticized the proposed area for recreational purposes citing the SL-1 accident whers entry was prevented in the reactor building for several days. Gustafson is President of the Point Reyes National Seashore Foundation and of the Maria Conservation League.
Philip S. ' Flint, Palo Alto, a member of the. Sierra Club Conservation-Committee, stated PGE had used " pressure"' on county officials to obtain approval 'of the site. Be then stated:
"Equelly peculiar was the sudden silence of the' l
University of California, another branch of our State Government, which had been studying the
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Joe Fouchard September 21, 1962 Bodega Head arem seriously as a location for a marina biological laboratory. The biologists' report on this site had been very favorable, but the University. quietly stopped consideration of the area when PGE' announced its intactions.
"I believe that it is correct to say that the members of the faculty involved in evaluating the Bodega site were actually forbidden to speak out on this matter by the University l
Administration. I do not have strict documan-cation of this claim, but I did not find it possible to get any faculty - hars to discuss the Bodega probles and I can cite correspond-ence from former Chancellor Glenn T. geaborg asking support for. our views on the preserva-tion of Bodega Head. I stated that 'It is our intention to strenuously oppose this plan of 1
PCE when they make application for a permit from the state Public Utilities commission.'
- 'We are looking for support hopefully from i
the University of California. I am not expect-ing that the various government bodies or the University will take an aggressive stand against PGE, but it seene feasible to me for them to present the reasons that they have an interest in Bodega Head and to provide facts gathered in the studies that they have made.'
"Dr. Seaborg's answer to me parried the ques-tion of any participation of the University in the hearing. He only discussed the prog-nostications of the evaluating committee based on the assumption of a power plant being present.
One part of his letter is of interest, 'the Committee of Biologists studied this report.' By i
report he means of the oceanographers of the University and, continuing the quotation,_'and concluded that they could not forecast with any precision what the consequent ecological l
changes would be, but the fact that the eco-l logical future of Sodega Head was u::prutdieta-l ble made it understandable (undesirable)'to l
locate a marine laboratory at Morseshow cove, in view of the plans for the power station.
Thus, the Committee is now emploring alternate site possibilities.'"
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Joe Fouchard. September 11, 1962 Flint continued, remarking that Bodega was perhaps the finest site on the Pacific Coast for research in marine biology and oceanography.
Then he said:
"Thus, when a great University like the Univer-sity.of California stops talking about scien-tific use of such a desirable area, it makes one wonder. What's more I was amazed to learn that faculty members of such an academic institution were being kept from speaking. In my opinion, the PUC should subpoena the biologists' report and the reports over the past ten years to the Chief Administrative Officer made by the Chan-cellor's Faculty Cessaittee for. the Marina Bio-logical Laboratory..-in order to determine whether or not there was collusion between PGE and the University Administration. These records have never been made public and are not available to members of the faculty. Why not!"
Flint continued with remarks relating to relationships between PGE and the sonoma County Board of Supervisors. He said also that a County Grand Jury had investi ated or inquired into the matter. On 5
cress-examination by PGE counsel, Flint read into the record part of a letter frosa Chancellor Strong stating the University would not take a position in matters not directly concerned with University matters.
The letter was one from Strong to Neilands, Professor of Bio-Chemis-try at Berkeley. (Testimony by Flint begins on page 562.)
s Later, (beginning on page 600) on cross-examination Flint was asked I
how he classified Dr. Seaborg's reply to his letter and be stated he
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would consider it "questionalbe" adding "I don't know that Dr. Sea-borg is at fault. I t.hink that the Board of Regents is the guiding influence here."
Prof. J..B. Neilands, Bio-chemistry UC, Berkeley appearing on behalf of the " Northern California Association to Preserve Modega Mead and Harbor" challenged PGg's proposal to usa Bodega Head as a recreadonal l
area in about 1970 after reactor operating experience and AEC approval, i
if obtained.
l There was i naiderable discussion about the experience factor required for establishing a recreational area around the proposed plant. The 1
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September 21, 1962 Joe Foushard possibilitiae of closing the area due to accidents or incidents were also disemosed, particularly insofar as the harbor was con.
corned. The effect of denying admission to fishing vessels which might be seeking refuge in storms, was mentioned.
Apprehension was also empressed by an opposition witness (Page 672) that public fear of coara-4=mted fish from the area might cut down on the market for fish products from the nedega Head area.
Another witness contended that'"atenic ' particles" blowing toward Tomales Bay might make the public believe dairy hers and syster beds were endangered and thereby decrease sales. Another witness (page 713) claimed fallout from the plant would contaminate class and shellfish in the Bodega Bay area stating that when ships were returned to Mare Island from early Pacific tea 0s, they were washed down and resultant radioactivity " killed the clams in that area and that area is across from Mare Island, Termey, San Pable and that locatios."
l In Volume V, beginning testimony continued with expressed fear of the effects warm discharge water would have on fish and mollusks, par-ticularly on salmen.
A. Staker Leopold, Assistant to the Chancellor, UC, Berkeley, testi-fled (page 793) on the University's posi; ion vis-a-vis the reactor plant and the plans for a marine biology laboratory. In effect there was se concern.
Dr. Joel Badgepeth, University of Pacific, testified against tha reactee plant contending marine biological studies six miles south-ward (Temales Say) financed in part by AEC and ONR might be jeopardized. He also centended increases in temperature of water would be damaging to marine life.
Rodgepeth (page 1056) referred to a letter from Chancellor seaborg to Flint in which temperature effects en Horseshow cove (proposed si,te for the UC marine biological lab) were discussed.
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On page 1973 there is reference to a letter to Chancellor Seaborg from Professer Ralph Beersen, Secretary of the Committee on the Marine Biological Laboratory, dated November 29, 1960, which stated Bodess Mead was the best of all California coastal sites for a marine bielegical laboratory.
Philip
, Oakland attorney representing the Starra Club, tried to move that UC rotords from the Chancellor's Office and frasi the l
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Joe Fouchard 5-September 21,-1962 Coosaittee on Selection of the Marine Biological Laboratory site, be subpeonaed (pages 1246-1253). This was taken under advisement by.
the Examiner but denied the following day.
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In'summaary, the protestants, including David Pesonen, representing the Sierra Club, based their criticisen of the reactor plant on the grounds l
the area was invaluable as a resource for marine' biological studies and recreation. But they tried to rely more, in the May.and June'
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sessions, on challenges of the safety of the proposed reactor. They I
aimed particularly at potential damage ~to fish, shellfish and the i
food web; to damage from increased temperatures of the waters; and to I
possible radiation damage to fish and to the surrounding environment-j including dairy hards nearby.
1 There was' considerable discussion of the size of the exclusion area and the possibility of elosing the harbor of refuge in the event of -
im idents. In addittee, the routing of an access road by PGE was criticised as damaging to the marina-life along the shore.
There were witnesses favorable to the project, but the number was held down purposefm11y to try to reduce the length of the' sessions.
In preparing for any meetings AEC may conduct in this area in connec-tion with consideration of an application by PGE when filed, experi-ence of presently operating reestors such as Yaakse, Pittsburgh PWE, and others would be helpful, especially studies into effect of dis-chargos low-level radiation and warming waters into nearby rivers.
or lakes..
Mt imwenstcic, Director, DIAR, BQS cc:
E. C. Shute, Manager, SAN
.R. W. Smith, Director, Compliance Region ksA,s on, sinc < K..
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