ML20024E856

Response to 830630 Interrogatories

ML20024E856
Person / Time
Site:	Harris
Issue date:	08/31/1983
From:	Eddleman W EDDLEMAN, W., JOINT INTERVENORS - SHEARON HARRIS
To:	CAROLINA POWER & LIGHT CO.
Shared Package
ML20024E830	List: ML20024E829 ML20024E832 ML20024E834 ML20024E840 ML20024E846 ML20024E850 ML20024E853 ML20024E856 ML20024E858 ML20024E862
References
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8309070140
Download: ML20024E856 (12)

Text

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2 00CKEgust 31, 1983 UNITED STAES OF AMERICA USNRC NUCIEAR BEGUIA20BY COMMI3SIOk3 SEP -6 M1 :07 BEFORE THE ATOMIC SAFETY AND LICENSIkkhhs-hh, Glenn O. Bright *G Dr. James H. Carper.ter James L. Kelley, Chairman In the Matter of J Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al. ) 50-401 OL (Shearon Harris Nuclear Power Plant, Units 1 ani 2) ASLBP Wo. 82-h M-01

CL JOINT INTERVEN09S' RESuoNSE TO At"LICANTS' INTEFROGATORIES OF 6-30-83 This response is filed (and will be hand-delivered to CP&L legal dept in Raleigh, H. Carrow or S. Flynn) under an order we are advised by telephone has been issued requiring filing of sane 8-31-83 Sanantha Flynn was inforned of the Wed 8-31-83 pn delivery date 8-29-83 ANS'3ERS TO GENERAL INTE9"OGATORIES of 6-30-83 1(a). Response was prepared by Wells Eddlenan and Travis Payne.

If other individuals are contacted for purpose of answering these int erroga tories (unlikely due to verv tight wesponse schedule of 8-24),

we will answer or object at the point info provided by such nerson is use6 48L (b) See (a); (c) See (a) cbove; absent a showing of Arnlicants' inability to obtain facts or opinions on the sane subject by other neans, o Joint Intervenors believe this information is ivrelevant.

eac 2(a) All known info for such will be suprlied. Please note we o< Most do not possess most of the docunents cited previously o= here.

"" of this info is NOT in the files of Wells Eddlemar (that statenent in Travis Payne's letter of 8-16-83 to the Board was a nisunderstanding).

(b) See specific responses. We may cite another resconse which gives all the info we have, rather than retyne it all, in view of j the fast response recuired 8-24-83 by the Board.

3(a) UNC Health Sciences Library, Chapel Hill, NC. (bj ,17 documents available therefrom are cited where refe" red to.

SPECIFIC INTE*ROGATORY RES?ONSES II-51(a) These are in the record of the July 1982 suecial prehearing conference held in this case. You can look then up as easily as we can; Wells Eddlenan has not located a list now.

are the ones Joint II euperseded.

They(b) Wells Eddlenan does not possess the infornation in the forn reouested; neither does Travis Payne; as to CCNC and CHAFGS/5LP, we don't know now. We presune you mean each intervenor, not Joint Intervenors , since the original contentions vere not fornulated jointly.

(c) Not anplicable. See (a) and (b) abbve. The references cited in Joint II are responsive to this interrogatory but you already possess then; they have been anplified in resnonse to past inte regatorieg by Apvlicants which you also x possess.

(d) Not anplicable. See (a),(b) and (c) above.

You ask only about II-52(a). Please read the contention.

each distinct reason "provided in Joint Contentien II".

(b) See II-56,58 and 59 below; see basis or Eddlenan 37, 5-lh-82; we do not possess this information in the forn reonested and it is burdensone to dig it out of massess of docunents, nany of which we do not possess. However, one additional docunent is Radiation and Hunan Health, by Gofman,1981, which we have cited extensively.

Others are the MSK studies, gofnnn's own analysis of the MSK data nublished in Hen 1th Physics (cite not located now by W.E.) See II-54 below for sone of the MSK studies (at least one, Hanford 2, not located yet in libraries or our documents).

II-53(a) Wells Eddlernn, Travis Payne, and other persons (no listing of nanes possible) who have provided infornation to us over the years of our experience with nuclear issues related to health effects. While it is not possible to tease out a complete list fron our nenories, one such is John Gofnan. Another is "Wes Woe" but this non=wmitness expert has only been infornnily consulted and was not consulted with respect to this or any other specific interrogatory response; information urovided by "Wes Wod"ureviot. sly was used, W.E. believes, in answering sone urevious interrogatrories.

The identify of a non-witness exuert infornally consulted is protected under Ager and the Board's 5-27-83 order. See Wells Eddlenan's resnonse to General Interrogatories on 75 and 33/8h of 4 Au6ust 1983, which we. incorporate in full as if set out here as our statenent of objection to providning identity of "Wes Woe" or any other nonwitness expert infornally consulted. You snecifically do not ask for organizations, so we identify none, though sone have provided infornation which we relied on in our res"onses. WE does not recall if any organization provided information snecific&lly s

to answer questions a1 given in JI May 16, 1983 resvonse. (b) We do not nossess the info in the forn requested. Eddlenan drafted and Payne rewrote.cnt in sone cases wrote (in consultation with Eddlenan) the May 16 responses. To the best of our recollect!cn, CEAEGE/tLP of and CCUC made no nodifications to the responses (no irepvesentativethen contributed changes to the draft Eddlenan circulated to Joint Intervenors Where Gofnan or "WW" is mentioned, their info contributes.

II-54.

M-S-K studies: T.F .Mancuso , A .W. Stewart , G.W.Kneale , Henith Physics 33(5):369-385 (1977) and connents (letter) Health Physics h0(2):

257-258; Kneale GW Stewart AM and Mancuso TF, "Hanford Radiation Study 3, British Jouarnal of Industrial Medicine 38(2):156-66 (1981); we have not located the Hanford Study "2"' reference. The first cite above is Hanford 1.

1;_

See also, by Alice M Stewart: Cancer Effects of Low Level Radiation,NYStateJogalofMedicine 80(1) 32-35 (1980) and at 137-115 4 in Advances in Medical Oncology Research and Educat*or l

Volume 1: Carcinogenesis. This book is the 12th international i cancer congress vroceedings edited by GP Margison, published by Perganon Press, Oxford (England) 1979; and article "On Cancer and l

l Radiation", Bulletin of the Atonic Scientists 36(9):60 (1980).

We also refer you to Gofnan's reanalysis of the Mancuso Hanford data, also published in Health Physics (cite not accessible; l

we believe you can find in the indexes to HP as easily as we can).

There is a note on an unnublished work of Stewa*t's in an l article by GB Hutchinson, Health Physics 37:207 (1979) but we have not exanined the unnublished work.

See also KZ Mor6ani Cancer and Low-Level Ionizing Radiation, Bull. At. Sci. 3h(7):30-h1 and J. Rotblat's article immediately following it (3h(7):l2- t ) and Mo*gan's conection i Bull.At. Sci. 3h (10) at'58.

See also Kneale, Stewart and Mancuso: IAEA Synnosium on the Late Biological Effects of Ionizing Radict'en (Vienna 1978)

(best reference we have).

II-55(a) We do not have the intornation in the forn reouested.

One source (found later during checking of sources for these resnonses ) is KZ Morgan, An Industric1 Hygiene Journal, i

36(8) at 570 (1975). This information is only tangentially relevant to the definition of latency period given in our l

response to II-3 on 5-16-83 (b) The information is not available in the forn reauested.

i Wells Eddlenan did not nake specific notes on it but recalled the information and used it in prenaring the dra"t 5-16 resnonse. See above for cite of a source found Inter. We believe the arswe* you l

L

o

-g-ouote on nages 6-7 of your 6-30 interrogatories re latency period is connon knowledge in health statistics.

II-56. Please first look at the resnonses of Wells Eddleman re 37B (1st and second rounds), referenced (as to ist round) in response to II-2(a). We refer to The Euclear Worker and Ionizing Radiation , see resnonse to II-8, and to Berte11's article in the Jouxrarnal of Surgical Oncology, 9:379 (1977), and otheas as cited in 37B resnonses. The second round responses on 37B give sone fuller cites. We believe you can look un the information as eas*17 as we can, and we are pressed for tine.

II-57. The " failure to achieve full notential" is a forn of 6enetic danage as we use the tern in response to II-9. We think it was nut forward by h. Mullter, Nobel Prize-winner for work on X-ray induced nutations, but can't find the cite. The concer,t is that due to Eenetic danage (e.g. fron radiation)(for wl.ich there is no threshold -- Muller's experiments established this), the organism cannot function as well as if it hadn't been dannged.

Since nany achievenents of organisns are cunulatuxxxMive and depend on interaction of many genes, genetic danage tends to linit these achievenents, and thus the full notential for, e.g. , intelligence, health, well-being, physical fitness, efficient oneration, vesisting disease, etc. Danage to genes which, e.E. (following the list in the previous sentence) reduces the ability of the bra' n to forn or connections or process or store infornation, reduces the ability of the body to fully develon and naintain itself, or reduces the ability to function as well as nossible e.g. in diG estion, nerve function, hornone balances , bone developnent , nuscle develonnent ,

or other nore subtle aspects, which e.gl through ninor danage to c nuscle or shaping of bones or attachment of muscles or reduction o cardiovascular function or increased allergies or reduced ability to

heal or repair damage (reducing physical fitness, which then makes many other diseases and problems more likely, and reduces the body's overnill capacity), impairs efficient enzyme processes, l or orderly and coordinated functioning of the body's nany interrelated biolbgical systems (reducing efficiency), or inpairs the dvelopnent or function of the imnune systen, reducing the ability to resist disease, l

Since these failures to reach full notential a=e randon if caused by radiation (nrovided exnosure to radiation sources were

! randon), their effect is nost insidious because it is extrerely difficult to detect then. They "Iook" just like any of the ordinary conditions or ninor infirmities many people have, yet they are caused by radiation danage.

We will supplenent this answer when we locate the cite.

Linus Pauling has also mentioned this effect, we believe, but we likewise have no tite on that accessible.

II-58. Bross, IDJ with Viadana and Pickren, Ca9cade Theory of Metastases and its Clinical Inn 11eations, Vroc. An. Assn. Cancer i

Pesearch 16(Mar):1, 1975 (see e.so, same authors, not as

• elated l

we think, though we have not reviewed: Generalized Metastases Occuring Directly from Prinary, J. Chron Diseases 28(3):1h9-59 ('75),

and Metatsiinstatic spread of Myelones and Leukenias in Men, l

1 l Virchows Archiv Abteilung (German) 365(2):91 (1975).

Bross with Nataraja,N, Genetic Danage fron Diagnostic Radiation, l

l JAMA 237 (22) 2399-2401. Sanc authors, Exposure of eithe- narent to

(

Diagnostic Radiation Prior to Concention Produces Serious Genetic Damage in the Child, Proc. An. Assn. Canedr Reseawch 18 (March):1,1977 l

Broes alone, letter on Health Ha$vd of Nuclear Powe",

AmePfe a Scientist 65(1):16, 1977.

l i

l a t

See also letter in Science, 195(4282) 933-934, 1977, by Bross, The Coning Battle.

Bross, Dose Resnonse Relationship in Radiogenci Breast Canc_er, J. Natl Cancer Institute 60(h) 727-728 (letter) 1978. See also B ross, T Nenoto et al (other authors not noted by WE) Differences in Breast Cancer Between Janan and US, J Nat Cancer (Inst) 58(2):

193-197, 1977. See also (ref 1978 letter JNCI above in this naragranh)

Viadana, E: Oncology 3 5: 87,114 (1978) and Proc. An. Assn. Cancer Research 19:2 (1978)

Bross IDJ, Ball & Falen, Dosage Resnonse Curve for the One Rad Range -- Adult Risks fron Diagnostic Radiation. An. J. Public Health 69(2) 130-136. See also Proc. An Assn Cancer Res 20(kMar):4, '79.

Bross alone, Protection of Public Health vs. Radiation Hazards, letter, An. J. Public Health 69(6) 609-610, 1975; Nuclear Wastes (letter) NY State Jounanal of Medicine 80:11):1144, 1980.

Health Effects of Particulate Pollution: Rearnraising the Evidence, An J. Epidenziol (best cite available), by Bross.

Reassessnent of Radiation Hazards: Can Health Physics Keep Up?

letter, Health Physics 38(3) h29-430 Bross with Nataraja, N, Cunulative Genetic Danage in Children Inv. Radiology Ernosed to Preconcention and Intrauterine Radiation.

l 15(1)52-64 and letter ditto p.67 ,

Bross, Low-Dose Radiat'on & Leukenia, New England J. Med tr.

303(4): 815, 1980.

Bross, Background Radiation Paradoxes, letter, Health Physics 40(1):127-128 and 3 refs daerein.

Bross, letter, Low Dose Radiation "estudy Challengdd, An J .

Public Health 72 (11):1300,1301, 1981 Bross & Driscoll, DL, Data on Lun6 Cancer in Radiation Workers, 1tr,

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

J. Royal Society (Med) 75(10):828, 1982 and h references therein.

Bross & Driscoll DL, Yale J. Bio. Med 54(5) 317-328, cited to you already.

See also re statistics, American Statistician 36(3):218, 37:12 and 37:1, and 30:171, all by Bross or referring to hin.

Where a single page citation is given above, the entire article is referenced but the last nace is net known pe" notes now available. The last nage number can be found in the article cited.

II-59: re II-10 see Morgan's box on genetic damage in the 1978 Bulletin of the Atonic Scientists article cited above (Cancer & Lownlevel Ionizing Radiation). Morgan a has also pronosed (we have no cite available) persons past childbearing age or who $ntend to have no more children shnuld be doing the radation-exposing work in the nuclear industry, e.g. junning into stean generators for naintenance, insnecti-n & renair.

See also article cited above; see alco "Sugacsted 11-18:

R eduction of Pernissible Exnosure to Plutonium and other Transuraniun Elenents", AM IND HYGIEUEE JOUUKAL 36(8)$67-575, 1975 Note na6e 567 's connent "There were tines when some of ny associates l

' were denoted or lost their jobs because they refused to yield to l

nressures to lower our standards or conoromise"(to allow) " unsafe See also Reducin6 conditions". Entire article is resnonsive.

Ind. Hygienze J.

Patient Exrosure to Ionizing Radiat!cn - Penly,An.

5 37(11) 66k-668 and 13 references therein; Radiation-Induced Health Effects, Science 195 (4.2.76):3hh,1977 letter; How Dangewous is Low Level Radiation, New Scientist 82(11h9):18-21,.1979; f

I Radiation -- What is the Misunderstanding Cancer & Low Level Ionicin5

! all About?

Bull. At. Sci 35(2):56-58; Risk Assessment of Ex-osune :83, 6 To Ionizing Padiation -

Abther View, Trans An Nuclear Soc 33(Junj1 19..

l

9 II-60. In addition to Translation $20, the documents and

- studies referenced therein (which you can look un as easily as we can; nuch data fron then is reproduced in Trans. 520), we cite: Washington Post 11/11/79 page B1 "A New Gernan Study Challenges the NRC's Assurances"; LEAF Minnesota study by Charles W. Huver, Ph.D. (Land Educational Associates Foundation, 3368 Oak Ave, Stevens Point, WI 5kh81); LEAF Wisconsin stude, Methodologies for the Study of Low-Level Radiation in the Midwest, LEAF, 1979, by G.A. Dixon, Naomi Jacobson and George IJ Dixon PhD, John Gofnan MD, PhD, consultant; Morgan, KZ, " Suggested Reduction of "ernissible Exnosure to Plutonium and other Tansurantriun Elements" cited on p.8 in full, pp 567-575; also studies of vlutenlun untake around Rocky Flats by Carzl Johnson (formerly with Jeffersbn Co. Health Dent, Lakewood, Colo.) (no better cite now available), Joseph Lyon study of children exnosed to nuclear weapons a fallot (U. Utah College of Medicine, best cite availabic); H. Caldicott, Nuclecr Madness; E.J. Sternglass , PH.D. , Secret Fallout. See also Gornan, Radiat* on and Human Health,539-43,5hh-h6,42-45 l

II-61. We have not yet located these studies in o-iginals.

We will sunnienent when we have. See BETR-III as veferenced in resnonse to II-22.

II-62. ASTM Special Technical Publication 732 (1991) C.Aranyi, DE Gardner, and J. Lewtas Huisingh, Evaluation of "otential c (sic) -

Inhalation Hazard of Particulate Silizicus Compounds by in Vitro Rabbit Alveolar Macrophage Tests -- Arrlication to Indust *!al Particulates Containing Hazrdous Innurities (bsgins n.h8, whole article is cited here). See also cites for Eddleman 8F, 6-20 83, and perhaps 5-lh-82 also; C. Aranyi, FJ Mille", S Andres, 9 Ehrlich, J Fenters, DE Gardner, MD Waters, Environnental Research 20:1h-23,1979 m - - . - . . - .. _ _ _ - . -

" Cytotoxicity t) Rakkit Alveolar Macrophages of Traco Metals Adsorbed on Fly Ash"; NE Garrett, JA Campbell and HF Stack, MD Waters, x J. Lewtas Env. Research 24, 366-376, 1991, "The Utliization of the Rabbit Alveolar Macrophage and Chinese Hanster Ovary Cell for Evaluatien of the Toxicity of Particulate Materials: II. Particles from There may be relevant info in Pulnonary Coal-Related Processes." Toxicology of Resnirable Particles, ed.

Chas. Sanders , FT Cross , G. Dangle , J. Mahaffey, USDOE,1980.

11-63 See NRC translation 52C for a decent sunmary cf the studien. There are such a mass of studies on reactivity of radionuclide forns used in concentration studies (untake, bio-concentration, absorption, etc) that it is inpossibic for us to list then without undertaking extensive research. We will supnlenent to the extent we locate further studies without naking a special research effort.

which other regulatony guidea de II-6h(a) We don't know use radionuclide concentrat'or nodel s us!ng le ss , rather than more, reactive forms of radionuclides. Our review of other URC reg, gu' des is net conclete. eee resnonse to (b) below: we dr. ink they all do (b) We believe, based on Was!.ington Post 11/11 /79 article cited above (see II-60, p.9) that all N9C nodels involve this fault to some l

extent, based on K9C 's admission in that article tha t s uch i s the c a s e .

However, we have not tracked down all the rec Cuides and analyzed all of then. Our failure te cention a veg. guidd he-e does not mean that Joint Intervenors fail to challenge it, o- ngree with it, l

l We will supplenent when we get nore infornatien.

II-65(a) We are uncertain which snecific conclus'one you l

are referring to in those renorts. The questf e'n is vague. ICRP l

has nublished quite a large number of renorts. Which U"SCEAR do 1

your nean, e.g. 1972, 1977, 1982, etc?

Where we cite those renorts or narts of then, $ncluding dissenting connents, we agree with what we cite. We have not

as Joint Intervenors or individually " weighed" all the conclusions of all these bodies, and we object to a question so vague, asking us in effect to exanine and weigh every conclusion of all those bodies, BEIR-III, ICRP and UNSCEAR.

(b) It isn 't "noneZ"' Please look at resnonse to (a) and our other responses in this and past resnonse sets, and docunents referenced in then.

II-66. Gorman, Radiation and Human Health (1981), see entire book, but nost ncrticularly Chapters 21,22,20,17,16,15,13,1k,5,h, 1 and 2. Caldicott, specific cite not available, see Nuclear Madness; We also rely on the 11-nillion-year neriod for increased "adio-toxicity of products of the nuclear fuel cycle (conrared to leaving the uraniun ore in the ground) cited by TH Pigford in Jnn 1982 Nuclear Safety, as calculated by Prof. B.L. Cohen, U. ?ittsbuwgh; and on the studies of C. Kenford as cited and sunnarized in "Against the Deninimus (sic) Theory and AI AB-509" in prs the LPerkins,WM Af5 h Se Harris, etc, NRC radon proceedi(ng.rveA & Y /0'M bbNo bette= cite II-67. Eddlenan 37B includes pain and suffe"ing. Eddleman -

373 concentrates on the uhderestimate "not only of cancer but of a host of other diseases" and causes of death. Jo int II nar include these .

latter issues if you vead it broadly, since they are sonatic and Genetic effects. When you ask us to give an accu = ate estinate of "the health effects" of nuclear radiation, we'll include what we think is U1e best estinate, not just in terms of Joint II, so that may have confused you. Applicants are not known to us for if both Joint II and Eddleman 37B reading contentions broadly. Even read g broadly, the rain and suffering issue does not overlap. Read as they are written, Joint II concertrates more on cancers and genetic effects; 37B on Ether diseases and causes of death besides cancer, and on pain and suffering associated with w& : - sMN. _ .. -

O cancer and these other diseases and causes of death. The "elenents" of Eddlenan 373, we are not sure what you nean, but have tried to answer as to the extent of overlan of the two contentions, which is what we think you are asking about.

II-68. Yes , Intervenor Eddlenan is stvongly onnosed to such consolidation. Joint Intervenors are satisfied to leave the content?ons separate so as not to further complicate the case. We note that Applicants refused to stipulate to 37B when they did stipulate to Joint II, so the issues and basis must be different in your view.

We see no useful purpose to be served by censolidating the two contentions now, and Eddlenan believes that the connlications of having to work through the other Joint Interveno=s would be burdensone to hin concerning 373.

I hereby affirnx that the above responses were prenared by ne and Travis Payne, Atty for Eudzu Alliance, and are true and correct to the best of ny present knowledge and belief.

This 31 day of August, 1983 / >>yW- -

Wells Eddlenan PRODbCTION OF D OCUMENTS: Many of the docunents cited above, are not in nossessf on of any of Joint Intervenors to my knowledge.

Those we possess, we will produce, if CP&L will call ne at 919-383-6602 days or 919-286-3076 before 10 an to ar-ange a nutually agreeable place to nroduce then. Others are in the UNCuchapel Exill Health Sciences Library. Sore, as noted, are not located and would be produced if located in our rossession.