ML19269C547

Petition to Intervene Filed for Save Our Wetlands,Inc, & Oyster Shell Alliance,Inc.Requests That Applicant'S Operating License Be Disapproved or Subj to Addl Safeguards. W/Encl Affidavits & Certificate of Svc

ML19269C547
Person / Time
Site:	Waterford
Issue date:	01/29/1979
From:	Fontana L AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7902050295
Download: ML19269C547 (14)

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In the Matter of Adj LOUISIANA POWER & LIGHT COMPANY Docket No. 50-382 (Waterford Steam Electric Statiou Operating License Unit 3) Application SAVE OUR WETLANDS, INC., AND OYSTERSHELL ALLlANCE, INC.

PETITION FOR LEAVE TO INTERVENE This is a petition for leave to intervene, in accord-

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ance with Section 2.714 of the Rules of Practice of the Nuclear Regulatory Commission, filed on behalf of Save Our Wetlands, Inc., (S0WL); the Oyster Shell Alliance, Inc., (0ystershell) and with respect to the operating license application filed to commence operations at Water-ford Steam Station, Unit 3.

Interest of the Petitioners Petitioner S0WL is a Louisiana non-profit corporation ,

which has previously participated successfully in regula-tory proceedings and litigation directed towards preserving the unique character of the environment of Southern Louisi-ana's wetlands and waterways from unlawful development and harmful exploitation. 50WL has long been concerned with the protection, maintenance and enhancement of Louisiana's watarways and wetlands as a source of livelihood and re-creation, as well as an essential part of the life-support

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system of the State's eco-system. In this regard SOUL is concerned with the potential health, safety and .aviron-mental problems associated with the operation of a nuclear facility in immediate proximity to the State's wetlands and waterways; as well as having vital concern for the health, safety and environmental problems raised by the prospect of storage of radioactive nuclear materials and wastes and the possible release of such materials which would be generated by the Waterford 3 facility.

S0WL has a membership in the Greater New Orleans Metropolitan Area (NOMA) of approximately 300 members.

These members live and work as close as some fourteen miles from the Waterford 3 site at Taft, Louisiana; to as much as forty miles away from the Waterford 3 site. Among major cities in the United States the NOMA is unique in that it is surrounded completely by marshlands and water-ways and the usable land is an average of some four feet ,

above mean sea level. The members of S0WL utilize these marshlands and waterways for recreation. Any change in the ecological balance between the wetlands and water-ways and inhabited land would have an immediate, dir-eet and proximately adverse impact upon the livelihood, property interests and living habits of the association's members. This intervention is supported by the entire membership of S0WL as part of its overall interest in

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environmental preservation.

Oystershell is a Louisiana non-profit corporation, which is the successor to a previously existing uninco-rporated association of approximately three hundred members who reside and work in the NOMA. Its student membership located in the Uptown and University areas resides approximately 24 miles from the Waterford 3 site at Taft, Louisiana. Members of Oystershell work-ing in the central business district of New Orleans are located approximately 26 miles from the Waterford 3 site.

Oystershell has been in existence approximately 2 years; and during that time it has engaged in public-izing the hazards of nuclear fission technology; the appropriateness of alternate energy technologies and the need for constant vigilance on the part of citizens re-garding the nuclear licensing process. Oystershell has

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been instrumental in supporting legislation which re-gulates the storage and disposal of nuclear wastes with-in the State or Louisiana.

Oystershell is concerned in these proceedings with the financial soundness of Louisiana Power and Light as a proper entity to fund, construct and operate the Water-ford facility, Oystershell is vitally concerned with the forseeable health and safety problems caused by licensing

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and operation of the Waterford 3 facility; as well as the adverse impact upon the petitioner's work and living environment of the possible discharge of radioactive mat-erials into the air, waterways and general enviroment surrounding the facility. The board of directors of Oystershell has specifically authorized this intervent-ion on behalf of its entire membership.

How Petitioners' Interests Will Be Affected The interest of the petitioners in tuis licensing proceeding will be adversely affected by the proposed action because the proposed action by the applicant would result in the operation of a facilit,' having sig-nificant safety deficiencies, as will be shown more particularly in petitioner's description of the spec-ific subject matter aspects of this intervention. Like-wise, petitioner's interests in a healthy and whole-some environment will be adversely affected by the ,

creation and introduction of radioactive materials into the environment; as well as by the indefinite storage and lack of appropriate planning for disposal of the radio-active materials generated by operation of Applicant's facility. In summary, the Louisiana Power and Light Proposal creates serious and unacceptable risks to the health and safety of petitioners, as well as the rest of the citizens of Southern Louisiana by subje :*ng them

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to potential health, safety and environmental risks not adequately considered in any previous hearing.

In addition to the other interests set forth herein, Petitioner S0WL'S interest in preserving the quality of wetlands and waterways would be adversely affected as a result of direct discharges of Mississippi River from the facility; at' further S0WL'S preservationist interests would be adversely affected by health and safety con-siderations which would irreversably alter the existing ecological balances of wetlands and waterways in the vicinity of facility.

Petitioners have no direct financial or property interest in the proceeding; other than that they live, work and reside in the NOMA. Numerous members of the petitioning groups own property in the NOMA. Further, the approval of Applicant's operating license application would subject petitioners and their members to increased -

health, safety and environmental harms.

• Specific Aspects of the Subject Matter for Which Intervention is Sought Consistent with Petitioners' understanding of the Commission's regulation, Section 2.714, it is not the purpose of this requirement to require petitioners to set forth specific contentions. Petitioners hereby in-dicate that they are interested in all of the aspects

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of the subject matter of the proceeding, insofar as they relate to the follow issues:

(1) Necessity in the Public Interest for construct-ion of the facility.

(2) Capability of Applicant as a proper party to complete and operate a nuclear facility.

(3) Safety hazards created by construction and operation of the facility; including, but not exclusive-ly limited to the following:

(a) Failure to properly consider safety risks due to geologic faults anu' .r seismic activity in the area of the facility.

(b) Failure to properly consider and evaluate safety risks arising from lack of proper emergency planning.

(c) Failure to properly evaluate risks caused by potential turbine missles caused by malfunction of the ,

plant operation, and other unresolved safety issues.

(d) Failure to properly evaluate safety hazards created by carriage of dangerous and/or explosive mat-erials by rail and water carriers in close proximity co the app! Leant 's facility.

(e) Failure to properly evaluate risks caused by hydraulic events involving the Mississippi River and related waterways.

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(4) Health issues relating to (a) the escape of low level radiation into the environment, (b) hazards created by spent fuel storage, (c) transportation of radioactive nuclear wastes, and (d) ultimate disposal of radioactive nuclear wastes.

(5) Adverse impact upon the existing environment caused by operation of the facility, and by storage and ultimate disposal of radioactive nuclear wastes, in-cluaing but not limited to the following:

(a) Potential damage to wetlands and waterways; (b) Potential damage to wildlife in tne vicinity of the plant; (c) Potential harm to residents vf the State of Louisiana, including Petitioners' membership; (d) Potential harm co future generations of resi-dents in the State of Louis;ina.

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r CONCLUSION For all of the reasons set forth hereinabove, intervenors urge that their petition to intervene be granted and their standing to participate in these proceedings be recognized; and after due proceedings had herein, that the applicant's operating license application be disapproved; or, if approved, that it be approved subject to such additional safeguards and provisions as are just under these proceedings.

Respectfully, f /7 s v

LUKE FONTANA YkW '

824 Esplanade Avenue New Orleans, Louisiana 70116 (504) 524-0028 Counsel for Petitioners G I L L t. . & J0J"" .

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AFFIDAVIT OF JANET MOULTON BEFORE M2, the undersigned, there did appear, Janet Moulton, who duly being placed on oath deposes and says:

1. That she is President of Save Our Wetlands, Inc.

2. That her business address is 2001 Veterans Boulevard.

Kenner, Louisiana 70062.

3. That she is aware of the contents of the Petition to Intervene and attests that the information contained therein is true and correct to the best of her personal knowledge and belief.

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/ANET MOULTON

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SUBS RIBED AND S' RN to before ae, this day of m v t

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AFFIDAVIT OF BRUCE KING BEFORE ME, the undersigned, there did appear, Bruce King, who duly being placed on oath deposes and says-

1. That he is Vice President of Save Our Wetlands, Inc.

2. That his business cldress is 542 St. Peter Street, New Orleans, Louisiana.

3. That he is aware of the contents of the Petition to Intervene and attests that the information contained therein is true and correct to the best of his personal knowledge and belief.

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BRUCf' KING *I M'BSCRIBED AND SWORN t) before me, this [ day of 97'

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AFFIDAVIT OF CLIFTON S. CARL, JR.

BEFORE ME, the undersigned, there did appear, Clifton J. Carl, Jr., who duly being placed on oath deposes and says.

1. That he is Treasurer of Oystershell Alliance, Inc.

2. That his residence address is 231 Sauve Road, River Ridge, Louisiana 70123.

3. That he is aware of the contents of the Petition to Intervene and attests that the information contained therein is true and correct to the best of his personal knowledge and belief.

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CLIFTON S. CARL, JR.

SUBSCRIBED AND S 'JO RN to before me, this ok day of

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AFFIDAVIT OF NANCY HASKELL BEFORE ME, the undersigned, there did appear, Nancy Haskell, who duly being placed on oath deposes and says:

1. That she is Secretary of Oystershell Alliance, Inc.

2. That her residence address is 2840 St. Charles Ave.,

Apt. P., New Orleans, Louisiana.

3. That she is aware of the contents of the Petition to Intervene and attests that the information contained therein is true and correct to the best of her personal knowledge and belief.

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AFFIDAVIT OF PETER TROSCLAIR BEFORE ME, the undersigned, there did appear, Peter Trahan, who duly being placed on oath deposes and says:

1. That he is Vice-President of Oystershell Alliance, Inc.

2. That his residence address is 7932 South Claiborne Avenue, Apt. 4, New Orleans, Louisiana 70125.

3. That he is aware of the contents of the Petition to Intervene and attests that the information contained therein is true and correct to the best of his personal knowledge and belief.

OGN PETER TROSCLAIR

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SUF CRIBED AND SWORN to before me, this - day of

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UNIfED STATES OF AMERICA NUCLEAR REGULAIORY COMMISSION In the Matter of .

LOUISIANA POWER AND LIGHT COMPANY  : DOCKET No. 50-382 (Waterford Steam Electric Station .

Unit 3)

CERTIFICATE OF SERVICE s

I hereby certify that on f&vurg_ kN , 1979, I

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malled copies of Save Our Wetlands, Inc., and Oystershell Alliance, Inc.'s Petition for Leave to Intervene to:

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U. S. Nuclear Regulatory Commission j #; P' e f d ; 7 h Washington, D. C. 20555 "q C_;

Attention: Docketing and Service 4 g' ' ' . .. g ,'

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Executive Legal Director fg c, .- ,. N /

U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Mr. E. Blake, Shaw, Pittman, Potts & Trowbridge 1300 M Street, N.W.

Washington, D.C. 20036 l

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