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Petition to Intervene by Citizens for Equitable Utils,Inc, Filed Late Due

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Petition to Intervene by Citizens for Equitable Utils,Inc, Filed Late Due 1' . f~n. - y . NRC PUnLIC DOCU11Sf ROU ~ & V. ,, Q . , . p- . , UNITED STATES OF AMERICA , ,; ?.~ ;' [4 g(3 5 # NUCIZAR REGUIATORY COMMISSION .j, j, ) i , f BEFORE THE ATONIC SAFBTY AND LICENSING BOARD l In the natter of | HOUSTON LIGHTING AND PO*4ER L DOCKET NOS. S M 98 C0xrAxr, ET. a . q 5 s 99 (Senth Texas Projects Units 1 & 2 ) PETITION FOR IEAVE TO INTERVENS BY_ CITIZENS FOR EQUITABLE UTILITIES. INC. I. BACKGROUND On January 11, 1979 a representative of Citizens for Epuitable Utilities, Incorporated (C.E.U.) was present at the Special Pre-hearing Conference in consideration of the operating license for the South Texas Project (S.T.P.). At that Conference the representative of C.E.U. made a limited appearance statement in which she indicated that C.S.U. intended 1 to file a petition in the above captioned matter.- C.E.U. understands that an announcement was made in the August 2 , Federal Register regazding the opportunity for intervention, but regret- fully knew nothing of the prt,ceedings until immediately before their occur- rence. Therefore, while C.E.U. recognizes the seeming untimeliness of this petition, it aise feels that it represents such a significant portion ?90313O Hg 1. Tr.-ll Jan., 1979 p. 161 . - . ' . _ Dr. James C. Iamb III David Marke, Research 313 Woodhaven Road 909 Cardiff Drive Chapel Hill, North Carolina 27514 Austin, Texas 78745 Melbert Schwarz, Jr., Esp. Baker and Botts One Shell Plaza Houston, Tezas 77892 Coral Ryan Citizens Concerned About Nuclear Power 414 Kings court, Apt. C San Antonio, Texas 78212 Richard W. Lowerre, Esp. Assistant Attorney Ceneral Environmental Protection Division P. O. Box 12548, Capitol station Austin, Texas 78711 Jack R. Newman, Esp. Lowenstein, Newman, Reis & Axelrad 1625 Connecticut Avenue, N. W. Washington D. C. 20036 D. Michael McHaughan, Member The Environmental Tack Force K.P.F.T. Pacifica Radio Free Houston 3131 Tinnens Ln. Apt. 254 Hounton, Texas 77027 10 i An *1 1/ M4u Mrs. Peggy /Buchorn, Executive Director Citizens for'Epuitable Utilities, Inc. Route 1 Box 432 Brazoria, Texas 77422 Phone AC/713 964-39% AC/512 036-4986 . g. O .' O, V, . &+., 8,- Db w UNITED STATES OF AMERICA $l" O 3 NUCIEAR REGULATORY COMMISSION ggg '3 j[.- J .- S V,,.,b' . ? eQ T ESPORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING & POWER DOCKET NOS. So-498 COMPANT ET.AL. 50-499 (South Texas Project, Units 1&2) . CERTIFICATE JERVICE I hereby certify that copies of " Petition for Leave to Intervene by Citisens for Epuitable Utilities, Inc." in the above captioned proceedings have been served on the following by hand delivery: Charles Bechhoefer, Esp. Chairman Atomic Safety and Licensing Board Panel Atonic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Wachington, D. C. 20555 Atonic Safety & Licensing Appeal Panel Dr. Emmeth A. Luebke Atcaic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Henry J. McGurrin, Esp. Staff Counsel Docketing and Service Section Office of the Executive Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington D. C. 20555 Washington, D. C. 20555 and by depositing in the United States Vail, first class, this day February 25,1979 to tho f.11owingi (nextpage) o ^ . * . CITIZENS FOR EGUITABIE UTILITIES, INC. ,1 - + J .7 % ' ROUTE 1 EOI 432 s BRAZORIA. EXAS 77422 f[ - N 'y\ ^ tit "' ; 4 - iSI.S $-1 4' SE.B',7 , ,a C 3 n 2 q. c'c'*4a pas 9 O I RESOIRTION IE IT RESOLVED THIS DAY, SATURDAY, JANUARY 13, 1979, CITIZENS FOR EQUITABIE UTILITIES, INC., REPRESENED BY ITS DOARD AT A FORMAL MEETING, DID RATIFY AND APPROVE TE STAEMENT PJ.DE BY MRS. F3GGY BUCHORN DURING PROCEEDINGS EFORE TFE ATCHIC SAFETY. AND LICENSING BOARD RE: DOCET NOS 56-498 AND 56-499. M IT FURTER RESOLVED THAT MRS. N:GGY BUCHORN IS DIRECTJD TO FIIE A PETITION IN Ih"ISRVENTION.IN SAID ECCKETS AND IS EHPOWERED TO REPRESENT THIS 03GANIZATION, BOARD OF DIRECTORS AND ITS HEMEER . SHIP IN ALL SUBSEQUENT FROCEEDINGS. ., - ., 4 ,, /1| . ' , y (). s f.1,. '} '\ !I kf* * .e- I A s 4 , ,3 ,. : JOHN C. HIGGINS, CHAIRMAN . .. r.' . ' * * ,, ,, - gy, !' '. J' ' 'f. _J6 .s '.>.r.. RICHARD HEUIS, SEC. .' 4 UNITED STATES OF AMERICA e.e f ,.q7 D NUCIEAR REGULATORY CCMMISSION D, j s k'''8, ~ - - %.q , [] c .. gjn EEFORE THE ATOMIC SAFETT AND LICENSING BOARD h/g ,f In the Matter of HOUSTON LIGHTING & POWER DOCKET NOS. Se-498 COMPANY ET.AL. 5*-499 * (South Texas Project, Unita 1&2) . TO 7 ROM IT MAY CONCERN This letter is to confirm the intention of the undersigned, Mrs. Kenneth C. Buchorn of Brazoria, Texas to be represented by petition of " Citizens for Epuitable Utilities, In::." and their Executive Director Mrs. Peggy Euchorn in the above captioned nattor. I an in support of the contentions of that petition in an effort to assure my health, safety, and the presentation of no danger to my real property. I further support the petition and operating guide 11nse ~ of C.E.U.,Inc. fan kr?nd~|f a t' Vw Mrs. Kenneth C. Buchorn . than errors of osaission, and which if not discovered could significantly affect the potential operation of the STP. While C.E.U. relies primarily upon I & E activities and properly carried out QA/QC activities to assure the safety of the plant, when it has been repeatedly denonstrated that there exists a willingness to falsify those records, C.E.U. can no lenger consider that this is.a non-contendible item. C.E.U. representative Mrs. Buchorn noted during the Special Prehearing Conference that the applicant felt that the I & E reports msferred te vere an indication of how well the I & E system was working. C.E.U. would assert that if in fact 109% of such deviations were caught then the I & E system would be functioning properly, however no assurance can be given as to the 100% effectiveness with which the contracter ooi or applicant must be policed. In as nuch as this situation has arisen, is documentable, is a natter of public record, C.E.U. contends that the operational cafety of the STP as currently constructed cannot be assured, and therefore further naasures nust be taken before operatin6 licenses are granted in order that the puestion of whether or not the plant has in fact been constructed in in accordance with construction permits can be answered. O A A11f /L M # #/ Mrs. Peggy Euchern, Executive Director Citizens for E9uitable Utilities, Inc. Route 1 Box 432 Texas 77422 Brazoria,/713Phone AC 964-3944 AC/512 836-4986 . recently been released in the Review Assessment Report NUREC/CR 6460, that the means of calculation done at that time are no longer valid. We may assume then until we are told differently that the risk of such an accident is somewhat higher if not considerably higher than was previously contemplated. There is additionally, a school in that area, and it is, in the estimation of C.E.U. absolutely ridiculeus to anticipate that persons evacuating from an area should be forced to go closer to the cause of that evacuation in order to get away from it than the area from which they departed in the first place. C.E.U. contends that if this is an oversignt, it must be rectified before operation of STP can be considered safe, and if it is not an oversight, that some alternate plan must be made available and publicly dispersed such that persons in that specific area may not further endanger their health in the event of an accident by trying to escape from it. (9), while C.E.U. recognices that in any project of this magnitude there will be certain construction defeciencies which may or may not be correctable, C.E.U. is also aware that there have been construction malfesseances on the STP which serve nothing more than to cast doubt on the credibility of the Applicany and the contractor. Specifically C.E.U. refers to numerous inspection and enforcement reports published by the Nuclear ReSulatory Commission and maintained in the local Public Documents Room for public inspection which consistently indicate that construction records and puality control and puality assurance records have been falsified by the contracter and or the applicant. Further there have been instances wherein I & E reports indicated there were ne current set of plans within the containment building. These are errers of intent rather , . percent ofthat amount. Other instances are cited wherein multiple wells have been drilled to find water in the area, many of them going to 600 ft. and beyond, well over a 100 ft. beyond the depth at which water was found ~ several years in the past. It is therefore felt that the supply of water from those aguifers is in danger, and they will not be able to tolerate the further draw upon their reserves such as may be brought about by the operation of the STP. This poses a safety and health danger initially in that as the apuifers are drawn down it has been noted even in the Final Environmenta2 Report that auch of that water is replaced with salt er brackish water, particularly in areas closer to the coastline. They present a health hazard from the point that the same water is used for irrigation.of crops and watering of livestock, from which members of C.E.U.
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