ML19276G569
| ML19276G569 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 06/01/1979 |
| From: | Schwab J IOWA PUBLIC INTEREST RESEARCH GROUP |
| To: | |
| References | |
| NUDOCS 7906290512 | |
| Download: ML19276G569 (18) | |
Text
g pguc DOCID6 2' UNITED STATES OF AMERICA g g ,
NUCIZAR RICULATOEY COMMISSION vypt m i4 \li-0 -
In the Matter of ) N Cetweenwealth Edison Company ) g.g.
Interstate Fewer Company ) Decket Nos. 550-5 ,g Iowa-Illinois Gas and Electric )
Company )
S50-6004 N y
)
Carroll County Site )
PETITION FOR LEAVE TO INTERVENE The Iowa Publie Interest Research Group, Inc. (Iowa FIRG), the Catholic Werker of Dubuque, Ieva, the Dubuque Fellowship of Reconcilia-tion (FOR), the Environmental Coordinating Organization, Inc. (ECO),
and the Carroll County Environmental Coalition, on their own behalf and on behalf of their members, hereby petition the Nuclear Regulatory Consission (NRC) for leave to intervene in the above-captioned matter pursuant to Section 2.714 of the NRC's Rules of Practice.
Identification of Petitioners A. Iowa Public Interest Research Creue. Inc.
This Petitioner is a non-profit Iowa corporation which engages in public interest research and advocacy. It has over 10,000 student mem-bers and some non-student contributors, most of whom reside in Iowa.
Many others reside in adjacent states, the largest number being frem Illinois. Many of the students reside within a fifty-mile radius of the Carrell County site, particularly in Dubuque, Iowa; Clinton, Iowa; and the Quad Cities area, which includes communities en both sides of the Mississippi River. James W. Dubert, the chairperson of the local Iowa FIRG chapter at Iowa State University, in Ames, resides in Paquokata, Iowa, within 25 miles of the Carrell County site. Some 7 9 06 29 0 57 % h
2 members also reside in various smaller communities in the area of the Mississippi River valley. A part of Iowa FIRC's program is to publish information en the dangers of nuclear development, as well as to provide speakers for broadcast media and organizations interested in the subject. It has sponsored or supported numerous pieces of legislation in the field of energy, and has participated in, and is participating in, both rule-making and adjudicatory proceedings before the Iowa Commerce Commission, the Nuclear Regulatory Commission (re the Duane Arnold Energy Center), and the Iowa Department of Environmental Quality, in matters relating to energy. Iowa FIRC is capable of adding substantially to the development of an adequate record in this case, because its primary source of both volunteer and financial support consists of students at five institutions of higher learning (a sixth is pending) throughout Iowa; it is, therefore, by virtue of its official standing at those institutions, capable of calling upon a substantial reservoir of academic expertise in developing its cace. While Iowa FIRC is aware of interest in this matter by the Attorney General of Illinois, it does not feel that that will adequately represent concerns peculiar to Iowa, and has, therefore, chosen to file this petition. Iowa FIRG's principal concerns of relevance here are with the potential health, safety, social, environmental, and economic problems associated with the proposed Carrell County site.
B. The Cathetic Worker of Dubuque. Iowa This Petitioner is a community of 35 persons in Dubuque, Iowa, all within a fif ty-mile radius of the proposed site. They have
committed themselves to voluntary work as lay Catholics for social justice. For some years now, they, like other communities of the Catholic Worker throughout the United States, have concerned them-selves with the social justice aspects of various energy issues, with particular emphasis on nuclear power, because of its accident potential and the production of plutonium. They have recently lobbied the Dubuque City Council for the passage of an ordinance regulating the shipment of radioactive materials through the city limits. They wish to raise issues related to public safety in connection with the proposed construction of a nuclear plant in the area, especially as it will affect the quality of life in Dubuque.
They have expressed their concern about safety conditions at the Duane Arnold Energy Center.
C. Dubuque Fellowship of Reconciliation This Fetitioner is a local chapter of an international organization of the same name. It has approximately 100 members, most of whom live in Dubuque, Iowa. Others live in the multi-county area surrounding the city of Dubuque on both sides of the Mississippi River. Elsie Vega, who is a member of Dubuque FOR, lives in Bellevue, Iowa, within 20 miles of the proposed plant site. Don Schrader, another member of Dubuque FOR, lives in Dakota, Illinois, within 35 miles from the plant site. Dubuque 70R is a non-profit, religious organization committed to nonviolent action for peace and justice. They are concerned that our energy choices be those which are the least threatening to the quality of life, and to the public health and welfare. They have led local efforts to prompt the Dubuque City Council to deal legislatively with the threat to public safety posed by shipments of radioactive materials
_4 within the city limits. Dubuque FOR has specific coneerns now with the possible threats to public safety and the environment in the area inhabited by its membership, posed by the proposed Carrell County site.
The Petitioner wishes to raise these issues as an intervenor.
D. Envireamental Coordinating Organization. Inc.
This Petitioner is a non-profit Iowa corporation which engages in educational, advocacy, and practical activities concerning environ-mental issues. It has 52 indivWal " active" members, five "centributer" members, and four " group" esmhers, the last category consisting ef local organizations which have joined as organizations and each of which enjeys one vote on the heard of direct > s. In addition to the above dues-paying members, there are 32 individual and 10 group non-dues-paying " affiliates" for educational purposes only. While most of the members reside in Dubuque, Iowa, approximately 40 miles from the preposed site, Michael Marty and Elsie Vega reside in Bellevue, Iowa, less than 20 miles from the proposed site. In addition, one member, Diane Callagher, resides in East Dubuque, Illinois. One of ECO's issues of active concern is energy. ECO has consistently supported energy conservation and the development of safe, renewable energy sources. ECO has expressed to the Iowa Commerce Commission its support for rate structures that would enhance conservation of electricity. ECO has expressed to the Iowa Energy Policy Council its support for solar energy development and its opposition to excessive dependence on the widespread use of the potentially disastrous nuclear power industry. Other issues of active concern for ECD, which relate to the early site review
in this matter, are land use policies whi:h affect rural areas, including the irreversible loss of agricultural land, and water and air quality. ECO has monitored legislative activities of the Iowa Departient of Environmental Quality and the United Staten Environmental Protection Agency with regard to water and air quality.
ECO has paid special attentien to environmental problems in the Upper Mississippi River Basin. ECO publishes a monthly newsletter en all these issues entitled ECO NEWS. This Petitioner's interest in the matter of the Carroll County site is well established from the last five years. At one point, it sponsored a debate in Savanna, Illinois, between Skip Laitner of Ames, Iowa, new director there of the Community Action Research Group, Inc., and some officials of the Commonwealth Edison Ceapany.
E. Carroll County Environmental Coalition This Petitioner is a local grass roots citizen organization with its membership confined to Carrell County, Illinois. Recently formed, it has 20 to 25 members, but is growing rapidly as its primary concern is the proposed Carroll County site in Savanna, and its effect en the immediate area. All of the members are permanent residents of Carrell County, primarily in the towns of Savanna and Mount Carrell, within five miles of the site. Some are fanners, who feel that they must participate formally in the proceeding, in order to assure themselves of adequate economic and environmental protection for the land, which is their livelihood. In addition, all of these people depend on the local environment for their drinking water, for auch of their recre-ation, for business purposes, and other necessities.
INTERESTS TO BE AFFECTED The Petitioners include persons who depend on the quality of the environment in a 50-mile radius surrounding the proposed site, for their air, drinking water, land for agricultural purposes and other related livelihoods, recreation, suitable transportation, feed, and the general quality of life. A large number of these persons own property within the area whose value could be affee.ted by approval for the site, even before proceedings begin en construction permits.
The Petitioners are concerned that approval of the proposed Carrell County site in an early site review, separate from and prior to submittal by the Applicants of the remaining information required to support the application for a permit to construct a facility on that site, will prejudice the proceeding regarding that permit, in terms of its ability to render a full environmental and cost-benefit analysis of both the proposed site and facility as a complete unit.
The Petitioners are further concerned about the development of an adequate record as to the suitability of the site, and feel that by bringing their own viewpoints and academic resources to the hearings, they will add to the quality and completeness of that record.
CONTENTIO!G
- 1. The Applicants have not met the requirements of 10 CFR Fart 51, in that their Early Site Review provides inadequate data on which to determine the geologic suitability of the proposed site, including its failures in the following areas and other areas:
(a) failure to provide adequate data as to the potential engineering,
safety, and geologic problems that will result from the use of the Parckland sand at the proposed site as the base upon wh ch the foundation will be laid; (b) failure to provide adequate data as to the effect of the proposed reactor and supporting structures, and the construction thereof, on the surrounding sandy soils and sand dunes in or near the site; (c) failure to describe the nature, history and activity of the Flum River fault line and how it potentially affects the margin of safety for reactors on the proposed site, including data on past tremors and the predictability of such tremors in the future.
- 2. The requirements of the National Environmental Policy Act and 10 CFR Fart 51 have not been met in that the Applicants have failed to provide adequate data upon which to assess the impact of the site upon water tables in the area.
- 3. The Applicants have failed to demonstrate that the issues raised in the first cententica in this petition can be satisfactorily resolved in an early site review, apart from a full hearing on the permits for construction, since these factors are dependent upon information required for the permit for construction.
- 4. The requirements of 10 CFR Part 51 have not been met in that the Applicants have not provided adequate data as to the meteorological characteristics of the proposed site as they bear upon reactor safety considerations; furthermore, such factors are inseparable from the data required for the constraction permits; in order to adequately assess the Applicants' proposed designs to safeguard against meteorological hazards.
- 5. The requirements of the National gnvironraantal Felicy Act, 10 CFR Fart 20, and 10 CFE Part 51 have not been mat in that the Applicants' Early Site Review fails to detail adequately the impact of the proposed site en the terrestrial and aguatic ecology of the area, including (a) failure to adequately evaluate the effect of the water intake system en fish and wildlife spawning grounds in the Upper Mississippi River Fish and Wildlife Refuge; (b) failure to adequately evaluate the effect of the water intake system en the small lakes and marshes that comprise the speweing grounds for the Upper Mississippi River Fish and Wildlife Refuge; (c) failure to adeguately assess the effect of thermal pollution on fish and wildlife spawning grounds in the Upper Mississippi River Fish and Wildlife Refuge; (d) failure to adequately evaluate the effect of the screens in the water intake system upon small fish in the Mississippi River, which would be trapped in the system and killed; (e) failure to adequately evaluate the effect of potential discharges of radioactively contaminated water discharges upon fish and wildlife in the Upper Hississippi River Fish and Wildlife Refuge, including the particularly crucial effect of contamination of the water in the spawning grounds within the Refuge; (f) failure to adequately evaluate the effects of algicidal contents in water outflow upon fish and wildlife in the Mississippi River; (g) failure to adequately evaluate the effects upon fish and wildlife from construction activities at the preposed site, such as
9 stirring up dust and sand which would deposit a film of soot upon fish and wildlife, and bodies of water, in the Upper Mississippi River Fish and Wildlife Refuge and in other areas surrounding the site, thereby hampering the growth and reproduction of both terrestrial and aquatic plant and animal life.
- 6. The requirements of the National Environmental Folicy Act and 10 CFR Part 51 have not been met in that the Applicants' Early Site Review fails ta identify adequately the effects of construction at the proposed site en thelocal agricultural economy of Carroll County, Illinois, including adverse impact from the construction of the necessary power lines from the facility, the removal from production of valuable and fertile farm land, and the extent to which the loss of such farm land would result both in economic displacement for local farmers and other residents, and the extent to which loss of such farm land would result in the unwise use of more marginal farm land elsewhere.
- 7. The requirements of the National Environmental Policy Act 1nd 10 CFR Fart 51 have not been met in that the Applicants have failed to evaluate adequately the possible destructive effect of resulting soil erosion on the value and productivity of local agricultural land, and frem the .use of more marginal land as replacement land as suggested in the sixth contention.
- 8. The requirements of the National Environmental Folicy Act and 10 CTR Fart 51 have not been met in that the Applicants have faile to make adequate analysis of alternative sites, with respect to, but not limited to, the following:
(a) seismic stability and soil suitability;
(b) meteorological far. tors and their impact upon agricultural production and land values; (c) effects on terrestrial and aquatic ecology; (d) effects en the local economy generally; (e) considerations regarding land use and local sociological factors in the same regard; (f) the impact upon local aesthetics.
- 9. The requirements of the Atomic Energy Act, as amended, have not been met in that the Applicants are not financially qualified to construct the proposed facility. The Intervanors move that if the Applicants fail this requirement, then an early site review is unnecessary and irrelevant, last the review itself conflict with the requirements of the Atomic Energy Act.
- 10. The requirements of the National Environmental Policy Act and 10 CFR Part 51 have not been met in that the forecast of the need for power which the plants will supply, as contained in the Applicants' Early Site Eaview, is inaccurate due to:
(a) failure to utilize a model for projecting growth in electric demand that takes account of all significant factors affecting demand; (b) failure, specifically, to account for the impact of current, contemplated and future electric rate increases upon demand for ele-tricity; (c) failure to provide for complete internalization of all significant external costs so that the total cost of electricity is charged to those using it; (d) failure to account for the impact of energy conservation measures (both voluntary and involuntary);
(e) failure to consider the ef tect of .ilrernative piire .lcolaus, such as peak lead pricing, which will discourage demand; (f) f ailure to account for technically and economically feasible measures to institute cogeneration as a means of improving energy e f ficiency; (g) failure to account adequately for superior cogeneration capabilities of alternative fuels and their hapact for the need for the proposed facility; (h) failure to provide for adequate and/or improved utilization of existing fccilities, both nuclear and non-nuclear facilitier already owned and operated by one or more of the Applicants; (i) failure to account for the impact of solar, wind, and other experimental energy sources on the growth in demand for electricity, by refusing or failing to use an adequate model for analyzing that impact, and f ailing to analyze adequately the prospects for growth of these sources of energy; (j) failure to explain adeqautely the reasons for past inacenlacies, from 1970 to the present, in the Applicants' previous demand forecasts, which have substantially overestimated demand.
- 11. The requirements of 10 CFR Part 51 have not been met in that the Applicants' proposed site appears to be in the line of approach for airplane flights landing at, and departing from, the runways at the Stransdale Airport.
CONCLIEION For all the reasons above, we urge that the Applicants' request for an early site review be denied, or if allowed, that no findings be made as to any of the issues cited above on suitability, without
more adequate information of the type demanded. We urge that the early site review be delayed, and censolidated with the proceedings en the application for eenstruction permits, en grounds that binding dec' aiens prior to such proceedings, on issues of site suitability, will adversely prejudice the opportunity for a complete cost-benefit analysis and environmental assessment of the proposed facility. We, therefore, petition for leave to intervene.
Reapeet fully,
,A ,.
A >-> ~ s kd % + ^
ames C. Schwab, State Coordinator
/Iowe Public Interest Research Creup Inc. ,
36 Memorial Union, Iowa State University Ames, Iowa 50010 Acting on Behalf of All Petitioners Herein June 1, 1979
AFFIDAVIT JAMES SCHWAB, being duly sworn on oath, states the following:
- 1. That he is a resident of the city of Ames, state of Iowa, and that his mailing address is, for business purposes, Room #36, Memorial Union, Iowa State University, Ames, Iowa 50010;
- 2. That he is State Coordinator of the Iowa Public Interest Research Group, Inc.;
- 3. That he has consulted with the Board of Directors of the Iowa Public Interest Research Group, Inc. and that they have authorized him to sign this affidavit; and
- 4. That he has reviewed the representations contained in the Petition to Intervene regarding membership and interests to be affected, and that such representations are true and accurate to the best'of his knowledge.
sia ber '
ES SCliWAB City of Ames State of Iowa ss.
Subscribed and sworn to before me this twentieth day of May,1979.
4%$d k2t h ,
Notary PuEl[c
/
May 22, 1979 Ihe Catholic Worker is a community of 35 individuals who have committed themselves to voluntary work as lay Catholics for social' justice.
We are very much concerned with the hazards of nuclear power including the pousibilities of " accidents" and the unsolved problem of waste disposal. In addition we are aware of the link between nuclear power and the production of weapon's grade plutonium for use in warheads.
On the basis of these principles and for our safety as people living withing a 50 mile radius of the proposed Carroll County - Savannah nuclear plant, we hereby join in this petition to intervene in the construction of this plant.
The person signed below has been authorized to proceed on behalf of the group.
}l 7k>'43D Nettie Post 382 East 21st Street Dubuque, Iowa 52001 319-583-2043 "utrerited end sworn to before me this 2fth t day of s'ay , 1i7c
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ihw b"N&u
/ (Notery Public ) /
Dubuque Fellowship of Reconciliation 809 Dodge Street Dubuque, Iowa 52001 M.n t; .t, 10*0 To the U.S. Nuclear Regulatory Commission -
We, the undersigned members, have been authorized by the memLership of the Dubuque Fellowship of Reconciliation (F.O.R.), to speak on behalf of the group. The Dubuque F.O.R. is a nonpro fi t , religious organization committed to nonviolent action for peace and justice. Our membership in the Dubuque, Iowa area includes about 100 members. The Dubuque F.O.R is a f filia t ed with the International F.O.R., located in 26 countries.
Our local utility company, Tnterstate Power Company, is a party to the Carroll County, Ill., Nuclear Power plant being planned for construc-tion near Savanna, Ill. Our membership, living within about 45 miles of the planned site, is concerned about safety, environmental, and other possible hazards presented by this proposed nuclear power plant. We oopose the construction and operation e' shis plant in Carroll County for the reasons cited in this petitiu..
Duely sworn, we hereby proceed on behalf of the Dubuque F.O.R., to join in this petition to intervene in the construction of the Carroll County Nuclear Power Plant. We hope to be in continuous communication with you as further plans and public hearings are scheduled. Thank you.
Peace, g N s u ( . b-w/
Paul A. Fuerst Tom Degree Dan R. Ebener Subscribed and syr' :o leafore me, this $ $ day of hx er , 19 ff
~ $dMert) e* / $
g Notary Public ifand for Dubuque County, Iowa U.S. Representa ave Tom Tauke U.S. Senator John Culver U.S. Senator Roger Jepser the Dubuque, Iowa press
INT 4.tVE;0R APPLICATION PSTITION Secretary of the Co=:Lission U.S. Nuclear Regulatory Conaission dashington, D.C. 20555 Attention: Docketing and Service Section The Environmental Coordinating Organization Inc., 3555 liillcrest, Dubuque, Iowa 52001, does hereby join in petition to intervene to stop the nuclear power plant proposed by Commonwealth Edison Company, et. al., for a site near Savanna in Carroll County, Illinois, southeast of. Dubuque.
I, Richard dom, have been authorized by the Environ-mental Coordinating Organization, Inc., to proceed on behalf of the group to join in this petition to intervene.
The e nvironmental Coordinating Organization, Inc. (E.C.O.)
is a corporation not for profit incorporated pursuant to Chapter 50hA of the 1971 Code of Iowa.
V Dated at Dubuque, Iowa, this -/. Y.- /' day of May, 1979.
D' , o
/cate th aek Richani Wom, President Environmental Coordinatir4 Org.
On this .a 9* day of May,1979, before me, s :lotary Public in and for Dubuque, County, State of Iowa, personally appeared Richani Wom to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his volunta:y act and deed.
h( l rLCR[n . '4kLli li A O
Notary Public In and For Dubuque County, Iowa
at f 1l, AV l f ,
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&x[)080$0o I, Thomas J. Sorg, t'uly 14 worn, do tituta:
1 that I am Cirector of the Carroll Coanty Environmental Coalition wnces offica is locat.sd in Mt. C .a r r o l l , Illinois,
- 2. that I have been autnorized to sign a petition to int-rv:no en Dehalf of ths rnerunship of the Carrc11 County Environmental Coalition,
- 3. that the reprocentations in the petition to intervene regcrding tne membership and the intarest to os offected are true end correct to the best of my knowledge.
dhemosi.scre Thomas J. So d f.4ecutive Cirector
.)
Lootsh CO Notary Public [
305 West cole M3unt Carroll, Illinois 61053
CIRTIFICATE OF SERVICI
,, I hereby certify that the foregoing Petition for Leave to Intervene was delivered in person this fourth day of June,1979, to the following:
Mr. Samuel J. Chilk, Secretary U.S. Nuclear Regulatory Commission Public Document Room 1717 R Street, N.W.
Washington, D.C. 20555 Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I hereby certify that the same Petition for Leave to Intervase
+ , ,
was mailed the first day of June,1979, to the following:
Richard I, Powell, ESQ.
Isham, Lincoln, & Beale One First National Plaza, 42nd Floor Chicago, Illinois. 60603 f ..
-y- x *,f - taa< .
7 James C. Schwab go " .
e
_. - -.