ML20073A610

Affidavit of Jl Bateman Re Determination of Whether Party Sufficiently Threatened by Radiological Hazard & Other Environ Impacts of Proposal to Establish Requisite Interest & Standing for Intervention

ML20073A610
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/05/1991
From:	Bateman J AFFILIATION NOT ASSIGNED, VETERANS ADMIN. MEDICAL CENTER, NORTHPORT, NY
To:
Shared Package
ML20073A495	List: ML20073A492 ML20073A530 ML20073A551 ML20073A557 ML20073A583 ML20073A604 ML20073A610 ML20073A616
References
OLA-2, NUDOCS 9104230280
Download: ML20073A610 (6)

Text

. _ _ . . .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SATETY AND LICENSING BOARD Before Administrative Judges:

Morton B. Margulies, Chairman Dr. George A. Ferguson Dr. Jerry R. Klino

)

In the Matter of )

) Docket No. 50-322-OLA-2 1.ONG IS1AND LIGHTING COMPANY )

)

Shoreham Nuc1 car Power ) (Possession only License)

Station, Unit 1) )

)

ATTIDAVIT OF JOHN L. BATEMAN, M.D.

John L. Bateman, M.D. , being duly sworn, says as follows:

1. I, John L. Batcman, reside at 10 Cameron Drive, Huntington, New York 11743 which is just over twenty-eight miles from the Shareham Nuclear Power Station ("Shoreham Plant"). I have owned this property for over ten years. Thus, I live within the fifty mile geographical zone utilized by the U.S. Nuclear Regulatory Commission ("NRC") to determine whether a party is sufficiently threatened by the radiological hazard and other environmental impacts of the proposal to establish the requisite interest and standing for intervention as of right.

2. I also own a thirty-seven foot o' Day center cockpit sloop (sailboat) moored in Huntington Harbor, New York 11743 42%[go p O

h

4 9 l

vhich is just over twenty-eight miles from the Shorehan plant and is, therefore, also within the geographical zone of interest.

3. I an presently employed by v.A. Medical center (115) in Northport, New York 11768 as the Associate Chief of Huclear Medicine Service (diagnostic radioisotope imaging and therapy) .

The Medical Center is located about twenty-three miles from the Shorehan plant. I have worked there as a physician for almost sixteen years. Thus, the majority of my time, whether I an at work, at home, or relaxing on my boat, is spent within the geographical zone of interest established by the NRC. Prior to taking my current positici. at the V.A. Medical center, I spent more than thirteen years in fast neutron and photon radiation biology /nedical research at the Medical Research Center at Brookhaven National Laboratory, Upton, New York 11973. As a nucicar medicine physician, I an familiar with both the benefits and risks of nuclear power plants. I strongly support the use of nuclear power to meet our nation's energy needs in a safe, economical, and environmentally benign nanner. In this era of escalating energy need and fosail-fuel pollution of our environment, including the disasterous effects of acid rain, it is critical that efficient non-polluting sources of energy, like nuclear energy, be encouraged and supported.

4. I have been a member of Scientists and Engineers for Secure Energy, Inc. ("SE ")

g since early in 1990. I authorize SE, 2-

to rCprocent my intorcsts, os d3scrib d h0roin, in any proceedings to be held in connection with the Long Island Lighting Company ("LILC0") application for a possession only license amendment ("the amendment") for the Shoreham Plant.

5. I am concerned that the amendment would constitute another step in the decommissioning process presently underway at Shoreham in violation of my rights under the National Environmental Policy Act ("HEPA"). The amendment would reaffirm and further the previous NRC decisions allowing LILCO to reduce staffing and maintenance to a level clearly inconsistent with the terms of the full power operating license and HRC regulations.

SE, submitted a Section 2.206 request in conjunction with the Shoreham-Wading River Central School District in July of 1989 when the destaffing and plant disassembly activities had only just been announced and were yet to be implemented. The Request asserted that these actions should not be allowed to go forward before publication of a Final Environmental Impact Statement

("FEIS") pursuant to the dictates of NEPA and because they were inimical to the public health and safety due to their inconsistency with LILCo's license obligations as a full-power licensee. I separately reaffirm that principal with respect to the amendment.

6. I do not believe that any steps in furtherance of the Shoreham Plant's decommissioning should be implemented until a

~. . _ . _. - , _ - . . _ _ . _ . _ . _ _ _ . _ _ _ _ _ _ _ _ _ _ _

EIS ovaluating, among other things, tho direct end indirect j impacts of, and alternatives to, the entire decommissioning proposal has been completed in compliance with the terms of NEPA and the NRC's own regulations in a single proceeding. If the NRC allows steps which are clearly in furtherance of decommissioning, and have no necessary independent utility, to be implemented at the Shoreham plant prior to the necessary NEPA review, my rights, and the rights of those similarly situated to have an opportunity for meaningful comment on the environmental consideration of the i

decommissioning proposal will be prejudiced, if not completely denied. Besides reaffirming past actions aimed at removing the shoreham Plant from service and, therefore, in furtherance of decommissioning, the amendment also sets the stage for yet other actions in furtherance of decommissioning. LILco has applied for a license amendment to transfer the plant to the Long Island Power Authority. The amendment is a further link in a chain of r

actions directed towards decommissioning. The issuance of a l

1 possession only license would be a further step in removing the plant from service which is part of " decommissioning" as defined I by the NRC regulations.

7. The amendment also represents a threat to my personal radiological health and safety and to my real and personal property in violation of my rights under the Atomic Energy Act of 1954, as amended, since neither the financial responsibility nor 4-I

. -. - . . - - - . . ~ _ ~ - - _ - - _- . - - . - .

obfety plonning requirononto of the rogulctions havo been approved although they- are prerequisites for the amendment.

8. As a Long Island resident, I am also interested in

! actions which will have a direct effect on the availability of reliable and environmentally benign electric generation to meet my needs and those of my family and the community as a whole. 2 4 understand that Long Island is presently at the full capacity of the existing natural gas pipelines which supply this area and that there is inadequate reserve capacity for the growing electric energy demand of the area. Thus, either the Shoreham Plant must be operated or alternative generating facilities will have to be built and operated. Because natural gas supplies cannot easily be increased, oil-burning plants will inevitably be needed to replace the Shoreham Plant thereby increasing our reliance on foreign oil and thus reducing the security of our energy supply, ameng other things. These plants, in turn, will emit pollution lowering air quality in the region and contributing to global warming and acid rain. These effects of the shoreham Plant's decommissioning will have detrimental effects on my health and on the quality of the natural environment in which I live day-to-day. This calls for serious consideration of the-alternatives to decommissioning.

9. And if the scope of this proceeding is narrowed to its relationship to the choice among the alternatives for t i docommiosioning todo, I ballovo ay health, cafety cnd environmental interests would be harmed by any actions inconsiste. sith mothballing the plant ("SAFSTOR").

10. I understand that SE, has been joined by the Shoreham-Wading River Central School District (" School District") in seeking to intervene in hearings on other issues. I aise understand that the issues raised by all of these actions significantly overlap due to the fact that each of the actions constitute another step in the decommissioning process underway at the Shoreham Plant. I would favor the consolidation of all of these proccadings to consiGer the issues raised by the School District and SE. 2 Consolidation would be the most efficient and expeditious way to proceed for all concerned. I also submit that such consolidation is demanded by NEPA because all of these segmented proposals and actions arc, in fact, part of a single proposal, are cumulatively significant, and have no utility independent of the decommissioning proposal.

4 i n AAW hn L. Bateman M.D.

SUBSCRIBED AND SWORN BEFORE ME, on this day of het ,' ( ,

1991.

l <~ -

Notary Public Hy Commission expires: 3b/ D,/77/

mdIO11I28 h

1. 5$$b'myt mi

_____