ML19209B204

Requests to Supplement Petition to Intervene.Costs & Responsibility for Reproducing & Distributing Petitioner Submittals Should Be Borne by Nrc.Seeks Intervention as Citizen of State of PA

ML19209B204
Person / Time
Site:	Three Mile Island
Issue date:	09/09/1979
From:	Lewis M AFFILIATION NOT ASSIGNED
To:	Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 7910090322
Download: ML19209B204 (8)

Text

DIIlShC, , 1 of 7 pages pi. s 1enclosure Marvin I. Lewis

• .5 %u 8'a 6504 3radford Terrace

/ 2 hila. ?A 19149 9-9-79.

Chairno.n :*endrie, Commissioners Aherne, 3radford , Gilinsky , Kennedy.

In the matter of Three ? tile Island #1 Operation, Amendment of FITITICN IC INTI".7IiI. Docket 50-289.

Sirs:

Recently , I sent in a request to be an intervenor and participant in Docket 50-289. I lost my copy of my petition.Tould you kindly y g gf send me back a copy of my petition?

Also , I would like to amend my petition with this lett,er. My previous petition was a hastily written single page. I left out many pertinent and important points in my haste. I am not vacating anything in my previous petition . I am merely adding to it.

At this point in the preceedings , I respectfully petition that thesame aid to citizen participants be extended in this Docket 50-239 as was extended in Docket 2"-50-3, *he Uranium fuel Cycle; namely, that citizen intervenors' submittals be repeoduced and distributed to the distributien list by the 'IRC.

My reasons for ask ng for this aid include the following:

I am not a rich man. If I must reproduce and distribute my submittals to the entire dstribution list, I will not be able to participate in a timely fashion. In other words, I might have to wait for my bimonthly paycheck for repro and maling costc.

As in the case of Decket II 3C-5, reproduction and mailing aid is recuired for fair and worthwhile citizen participation.

The f3110 wing part of this agendment is a clarifica:ict cfmy petiti:n to intervene.

As the Federal Register Notice stated , let' s 1cok at my points in light cf ICC7R ? ara . 2.711 (a) (3)(d):

1. The Petitioner's right to intervene.

I an a citi:en of the United States of America. I reside in Pennsylvania.

I am a ratepayer whose utility company wheels en the ?ennsylvania,

Tew Jersey, Maryland (?EI) Grid. The same grid that hree "ile Island wheels on. (Theeling refers to supplying and being supplied by an electric transmission network.) Therefore, scme cf my electric pay.ents do go to *!et Id for the ""t! produced electricity. Alse , the reliability of the ?J'i Grid relates to the reliability of the electricity which I use- 1113 ??3 "cre importantly, I love life, h 7 91oogo3Q .

I, therefore, have the right to intervene in any severnnent action ,,., . -

which reduces my chance of longevity. I also have the right under the First Amendment to the US Constitution topetition the Government for redress of grievances . I have the right under the National Environmental ?clicy Act to demand that the Gcvernment follow appropriate rules in the exploitation of the environment .

2. Nature of the Petioner's Property or Interest.

I have already stated above the nature of the petitioner's interest.

'!y major interest, again, is mv own life.

3. How the actions of the 3oard will effect the Petitioner's interest.

Radioactve iodine end other radioactive isotopes are given off continuously by operating nuclear power plants such as TMI62. They are also given off continuously by non-operating nuclear power plants.

?!I!2 is non= operating and still giving off radioactive iodine.

Enough radioactive iodine can caus~e cancer and even death. (ICR?, Glasstene Radioactive iodine emissions are a big questionmark at T;*I#1 for many reasons.

irst, EEPA and other filters which were supposed to stop the venting and escape of radioactive iodine did not work. Ucw , this point can be simanticized to death. You can say that the iodine filters were not designed for a Class 9 accident. (yes, TMI#2 was a Class 9.

See Bridgeton News 8-29-79 anclosed.)

You can also say that the filters would have worked if they remained dry. 3ut they got wet!

IMI#1 is a similar design to TMI!2 withn limits. To an .ntent then

, the TMI sisters can be considered an attempt at standardization.

Quoting from a speech given by Conmissioner Kennedy on June 12, 1979, his statements on standardization include the felloing.

Some have argued that encouragement of standardizatbn by - :

the regulators would be promotional and migh even inhibit adoption of ess6ntial safety features . They asserted that errors once made would be perpetuated and proliferated."

I agree, in fact, the accident at TMI#2 on march 28,1979, shows that the safety has not improved from the earlier reactor, TMI!1 Further, the add-cn filter at THI!2 on the auxilio_'y building did not appear on the auxiliary building of TMI#1. The 'r r conclusion , by observation is that the filter system _- at TMI!1 has not been brought up to the standards used on the non-operational Of!!!2.

j11IJ7 I m

- n4

, I, am not going into all the details and discrepancies in the filters in this petition . I only use the inadequacies of the iodine filters to illustrate.this one point on filters. With or without filters ,

nuclear power plants give off radioactive iodine. (Docket RM 50-3, Table S-?

Radioactive iodine does get into milk.(PA DIR, Gerusky's measurements of milk around TMI after 3/28/79.) Measuremet cf radioactive in nilk after 3/2S/79 in the Harrisburg area did show increases although it was too early for most dairy cows to be at pasture: Somehow radioactive iodine got into the milk despite the fact that most dairy cows are on stored feed in March. How badly pasturage on contaminated grass will increase the radioactivity in milk is a question for the future.

Due to the regulations of the Federal and State milk 3oards, and the vagaries of the marketplace , milk is not always consumed in the local where it is produced . Milk bottles carry a logo denoting where it was bottled. The bottle does not state where the milk or1 61nated.

I drink milk.

I also eat dairy products.

The radioactive Harrisburg milk will find its way into my body. I will receive no benefit from the fact that this iodine is radioactive.

I will have many adverse impacts placed upon me by radioactive iodine.

Two of these impacts include, but are =t limited tethe following:

a. increased chance of cancer (Mancuso, 3ross)

b. life shortening effects (Sertell)

QTranscripts of Press Conference 4/7/73. Available from Bob Alvarez, Environmental Policy Center, Tashington, D.C. )

Now, the ready and quick answer to that, so often used and abussd by staff, is that they will allow nothing to harm the health and safety of the public.

'fy answer to the NRC Staff's glib , " allow noting to harm the health and safety of the public" is, "That public? -The Ecreans er the 3clivians?"

Yee, I as being sarcastic and ironic to the Staff.

Thy? 3ecause I am justified because I can no longerbelieve that th e Staff is referring to protecting American lives.

Yet, I still believe the statements of public officials when the admit to their unconcern where the public interest is concerned.

]j17 nr IJ -

a. '

I believed that Chairman Hendrie did make these statements reported

• #4 '

in the Nucleanics Week Specall Edition on the TKI tapes. (repeal 1st Amendment I believed that President Nixon said t at the 22sident could not commit a crime.

I beleved ? resident Isenhower said to keep the people in the dark about the dangers of atomic testing.

I believed the HEW Report on the TMI releases as to the very few TLL's which worked.

I believed the Radiation Management Corporation when they say that the employee in charge of reading the TMI TLD's (thermo luminescent dosimeters)ran away due to personal problems.

But , most of all, I bileve Dr Norman Rascussen when he says that an aetident whichins a probability of 500,000,000 to one in

" ash 1400 actually had a probability of unity , one to one.

"In other words, it happened." (Dr Normar. Rasmussen in a press conference after CZI.)

Chat 500,000,000 to one which turned out to be a one to one actuality is a good working figure.

Let's look at the Staff's evaluation of the radioactive iodine emissions.

(EE7/ Report on the TMI#2 Radioactive Emission 5/10/79.)

Determine what part of the Cancers in the population will be caused by said emissiond.( Cable S-3 and Regulatory Guide 1.109) .

Now the cancer number from the HEW Report is one tenth of a cancer by;the year 2000. ( Dr Ralph Lapp on Evening Magazine , Channel 3 Phila.)

NoW using the correction factor from Wash 1400 and T!*I!2, One tenth of a cancer death times 500,000,000 equals 50,000,000 deaths.

Now, we are getting into the ball park of reality. In fact, the 50,000,000 deaths ;ompares favorably with the admitted fatalities due to radon emisalons .(Dr Reginald L. Gotchy , USNRC, in the Cperating License Hearings on TMI!2.)

Lest that the 3 card assumes that ths underestimation of deaths is not a commonplace occurrence for the Staff, the 3 card can query Dr Walter Jordan , who is on the distribution list, whether he sent a letter stating that the Staff was in error by 100,000 on the magnitude cf radon emissions. This demonstrates that errors of several orders of mag 11tude are ec=monplace and perpetuated in the NRC.

, ne 11 .J

s D ., 5.

Now,these figures are real. Multiplying the Staff'c figures by 500,000,000 is merely using historical data to calculate a correction factor.

Empirical correction factors are accepted procedure in =any scientific disciplines and engineering practices. These numbers also show the horrendous number of lives which are endangered by the operationof TMI#1 Again, I repeat that these numbers do not come out of the air. They compare favorably with the numbers admitted to in NRO Hearings on the Raden issue at TMI#2 and the Perkins Docket. Also , updates of the EIT 2eport increase the number of deaths by 50 times- excuse me- ner update by 200' times to 20 deaths. Eyentually, 50,000,000 deaths may be admitted to at TMI#2 by the Staff. They just admitted that TMI!2 was a Class 9 accident five months after it happened.

These numbers put operation of TMI!1 in the category of a genocidal action. Genocide is the systematic killing of a whole people or nation. Our own Nation will be the victim.

The genocidal action of which I speak is the granting of an order to allow the operation to TMI#1 Since the United States participated in the trial of Nazi War criminals at Nurecberg, genocide has been banned by international law. It is true that the Nuramberg Principles denouncing and prohibiting genocide are not a part of our internal domestic law and NRO regulations, ype omissbn of a genocidal ban from NRO regulation cannot be used to allcw any further jeopardy of human life, 17 11IIJ _' O ?

6. ..g.

I wish to raise another point in my contentions . The point is related to the operation afTMI#1 , but is unrelated to my earlier point on pages 1 through 5 of this submittal.

I am at a loss for wcrds to express my consternation that the Staff feels that the Pennsylvania Cnnsumer Advocate in is not a qualified participant and intervenor.

The Consumer Advocates Office was especially and expressly set up to deal with issues which would affect vast numbers of Pennsylvanian consumers. Without the Consumer Advocate, consumers would not have an effective avenue to participate. The Consumer Advocate is mandated to represent the consumer.

Obviously,the Staff feels that is it is ar re qualified than the.

Pennsylvania Legislature and the Governor of Pennsylvania as to how the censumers of ?ennsylvania shall be represented if at all.

I am not commenting on the Staff's argu=ents . I a= merely stating that this is the type of arrogance, which demonstrated for me so forcibly that the Staff is much more concerned about the profitability of a utili,ty than about the health or safety considerations for the public. -

Knother completely separate issue is the pipe cracking at TMI#1 I received a letter today from Lee V. Gossick , NRC, on this.

He sent ne a copy of the reference which I used to demonstrate my worries on the pipe cracking. Thiswas supposed to allay my concerns.

This was the very document which crystallized my concerns. There is no reason that ths document ,5URIG 0531, should allay my concerns since that is the docu.:ett which crystallized my concerns.

This NRC attitude of "Tell we arelooking at it and that is the same thng as solving it" is why I am bringing up the matter of pipe cracking in these proceedings.

71ctor Stello of the !iI Division of the 3RC states in a 1stter to me on August 21,1979, that , " cracks can be identified by fluid leaks in sufficient time."

I presume that this means that the controm control rocm staff is competent and experienced in noting and assessing fluid Icss correctly.

I submit that the operators fer TMI! 2 demonstrated that they were not capable or competent to assess leaks correctly. ( See Victor 73 Stell's TMI Investigation , Sunmary of Operational Aspects , Page ,

1 of the investigation into the RCS Leakage Procedure 3/2S/79 .,

T2I Accident by the office of IiI. "A review by the investigators  ;;

of the RCS leakage procedure showed the procedure to be in error, -

.6*

7. '

and the facility wes actually operating with an unidentified leakage in access of Technical Specification limits." This qucte frca an :iRO document shows that the operators at 02I were not competent to assess leakage correctly . The operr. tors for 22I #1 and 7?JI!2 work for the same management. They recieve the same management philosophy. *here is no reason to believe that the cperators of TMI#1 will be any better at assessing leakage than the operators of 02I#2 on 3/28/79.

Therefore, the chance of detecting pipe cracks from measuring leakage is not dependable.

Nbw , the Board can rightfully ask,'So what is so important about pipe cracks?"

TMI #2 has an orgoing Class 9 accident because the core became uncovered. Che core became uncovered because no water or not enough water was delivered to the core.

Pipe cracks can also cause not enougn water to be delivered tothe m

core. (USNR0 Zemo Sept. 22,1978, SemiScale Experiment SA 7-6.)

-hen, TZI#1 can also have a Class 9 accident just like its sister, s ,

i ,-

~. '

. ,' // .

~

/. a' t i n ,- A': ~ ~ ' '

m M .I . Lewis 6504 Bredferd Terrace Philadelphic, PA 19115 fff3 [")

3001 BRBM E

~~ln~ber nuclear develop-93b,Me I NRC Ru a*ng a.

Atomic Continued From Page One o

- e. an NRC d1r-t1-nquirms PSE&G to male a

"*e a

,i - l e.m ,, M_ ec.t.d Salens f m Je0pardiZes possible-case,.

m., c, the,occurrence,

,camngs . it".

up by at least a M, a plaat E .

. or request still more is-g a Atomic Plant By MITCH MENDELSON ah~a issue is a request by the Prman'ms'%"O aymg 6 6 h

% - EIforts by Salem i Nuclear plant operator, Public Service Generating Station to quadruple - Electric and Gas Co. of Newark,

( ,

I maintenance last Apsd b gh*

the capacity ofits nuclaar wante . to expand the Salem I spent fuel As the spring and summe storage area may be further pool to contain 1,170 exhausted progressed, the restart date hampered by an Aug. 34 ouclear fuel assemblies instead was pushed further into the fall.

government report which calls d the current capacity of 264. As a resWt d tNs new ualm the Three Mile Island disaster ~ Both Lower Alloways Creek wtach will see if the plant cas a " class mnef, - or worst Township ~ in which the plas w.estand an ear *hquake, 'he w possible case - eccident is located - and Mr. and Mrs- expected start up date is . ate g Responding to a July request by the federal Atomic Safety Alfred C. Coleman Jr. of Pentsville are legally opposing October "at the eerbest.*

Plant spc,kesman Wes Den-li4 andIJeensmg Board, which will the expansion. As a result, the man said, "We've got our eventually decide the fate of A g Board has conducted several people workmg overtime on it k g g t.:I Salern I's spens fuel storage area, the technical staff d the Nuclear Regulatory hearmgs and taken pounds of written testimony. Its ultimate (the setsmic tests)." Salem I was one of 29 reactors required

a U.S. ruling may be challenged by the by the NRC to check foe

< Commission reported that the NRC itself or in the courts. earthquake resistance.

p." March :S TMI occurrence was. The township has also filed a Another recent developmem mdeed, a class nme nent ne affecting local n aclear actmty

$ federal' agency, how ever, civil suitin federal court to halt was the N F.C's tormaA, j- the proposed enlargement,

\ carefully qualified its con. The ddissuca used by the acknoalecgemem d a peemes

g$

l clusion, noteg thatit was based on one particular legal Board in its July to ;uestion by the Colemans to prevent :be -

federal government frorn givwuj ig states that a class mne accident

! defirution of class moe ac- ts "a sequence of faikz es utich Salem 11 an operaticg beense.*-

' it . edents rather than on what is are more severe tlan th se ne new plant was ready to 6 commonly considered such an which the safety features of tae start up for the first time when CCCUNC'- plant are designed to preven. the TMI accident occurred.

2i throwmg the ecstly reactor into

. At a Jitly 10 bearmgin Salem, ne sequence of failures at y the Board asked all parties involved in a complea legal Ttree Mile Island produced a iimto. The Colemans filed a legal enallenge to the licensmg pd dispute over the waste storage breach of the containment and a in early August, chargmg that release of radiation which could

J expansion to subrnit wntten not be prevented by safety the new plant is not necessary, b,, responses to the class mas features. Was the occurrence at will cost too much to operate and does not incorporate g question. If the Bard rules that TM1 was, todeed, a worse-Bree Mile Island therefore a changes in nuclear technology class nine accioent?"

Please see Atomic, page 5 NRC legal intern Janice E. resultmg from TMI.

Moore today called the An Aug. 21 !etter to the defimtion "mechanisue" and Colemans from Harold Denton.

- said the consequences of TMI director of the NRC's Office of "were not those typically Nuclear Reactor Regulation, asmiated wius a class tune acknowledges receipt of tne uman g g petition and states that it will be accident" All parties in the PSE4G published in the Federal.

. dispute had until Aug. 24 to Register. Once notice of the respond to the Board question. action appears m the Register, 4 itis not known at this time tf the Denton's dfice can rule on it.

An NRC legal spokesman said Board will require further hearmgs or when it will rule on today the NRCis not required to the caw seek public comment on the .

h issue.

p.

.c It is not known when the E notice will appear in the Federal R egister. The j{ spokesman said the Com-nq

)}3[ ,)7 _

v miss;on can overrule Denton's decsion and that the Colemans can take the action to court.

@g NRC !egal staff member Karen

'

• Cyr said reviews of such

"' 11 (tde) a