Volume 4
Fourth Session
September 19-21, 1972
Chicago, Illinois
                     ILLINOIS
CONFERENCE
Pollution of Lake Michigan
and its Tributary Basin,
Illinois, Indiana, Michigan, and Wisconsin
                      U.S. ENVIRONMENTAL PROTECTION AGENCY

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     FOURTH  SESSION OF THE CONFERENCE

IN THE MATTER OF POLLUTION OF LAKE MICHIGAN

         AND ITS TRIBUTARY BASIN

            IN THE  STATES OF

WISCONSIN, ILLINOIS, INDIANA, AND  MICHIGAN
               VOLUME  III

            (Part 2 of 3 Parts)
            Bal Tabarin Room
             Sherman House
           Chicago, Illinois
           September 21, 1972
          Ufialityn S\ail ^Associates

          COURT AND CONVENTION REPORTING
             1372 THURELL ROAD
            COLUMBUS. OHIO 43229
                614 . 846-3662

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                              	_541
                              Y. Barber
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                 STATEMENT OF YATES M. BARBER, JR.,
             FISH AND WILDLIFE ADMINISTRATOR,
         BUREAU OF SPORT FISHERIES AND WILDLIFE,
            U.S. DEPARTMENT OF THE INTERIOR,
                   WASHINGTON, D. C.
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 9 il            MR. BARBER:  Mr. Chairman, conferees, ladies and
10   gentlemen.  My name is Yates M. Barber.  I am Fish and
   11
11 i:  Wildlife Administrator in the Office of Environmental
12 j!  Quality, Bureau of Sport Fisheries and Wildlife, U.S.
13   Department of the Interior, Washington, D.C.
          Two years ago, here in this same building, at the
1$ I  Workshop Session of the Lake Michigan Enforcement Conference,
I presented a statement which summarized a paper entitled
"Physical and Ecological Effects of Waste Heat on Lake
Michigan."
          Let me interrupt here, gentlemen.  I do not have
copies of the statement which I am reading from for you,
They are a summary — the bulk of my statement is a summary
of this report which I have just had distributed to you.
          MR. MAYO:  Excuse me, Mr. Barber.  Do you want the
24   report you have distributed  entered into the record as if
25 i:  read?

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                              I. Barber
 2             MR. BARBER:  les, sir, I do.
 ,             (The document previously referred to follows in its
 i    entirety.)
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                           Statement by
                       Yates M.  Barber, Jr.
                  Fish and Wildlife Administrator
                  Office of Environmental Quality
              Bureau of Sport Fisheries and  Wildlife
                 U.  S. Department of the Interior
                         Washington, D. C.
   Mr.  Chairman, Conferees, Ladies,  and Gentlemen:

   Two  years ago, here in this same  building,  at the Work Shop Session

   of the Lake Michigan Enforcement  Conference,  I presented a statement

   which summarized a paper entitled "Physical and  Ecological Effects

   of Waste Heat on Lake Michigan."   That paper, prepared jointly by

   the  Bureau of Sport Fisheries and Wildlife  and the Federal Water

   Quality Administration, set forth the basis of our concern for the

   effects of waste heat discharges  on the aquatic  resources of Lake

   Michigan.


   At the Chicago Workshop, most of  the talk pertained to discharge

   effects.  Since then much has been learned  and it is quite obvious

   now  that power plants with once through cooling  can be as deadly

   at one end as the other.


   The  problems of entrainment and impingement of organisms in the

   intake flow are fully as great, and as serious,  as the discharge

   effects of the heated water in most cases.
As presented before the Fourth Session of the Lake Michigan Enforcement
   Conference, Sherman House, Chicago, Illinois, September 19-21,  1972.

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During 1971, the Bureau of Sport Fisheries and Wildlife presented




testimony at State Hearings for Thermal Standards in Michigan,




Wisconsin and Indiana.






In those statements we tabulated twelve potential adverse impacts




on aquatic resources.  These were:






    1.  Eutrophication effects over an area warmed by the plume,




        including increased growth  of algae with a shift toward




        less desirable green and blue-green species.




    2.  Damage or destruction of zooplankton,  phytophankton, fish




        eggs, and larval fishes entrained in the cooling water




        from heat, abrasive action, and turbulence in passing through




        the system and where chemical cleaning is used, from too




        frequent or excessive use of chemicals.




    3.  Interference with fish movements along shore zones from




        thermal barriers.




    4.  Disruption of the normal inshore temperature structures




        of the lake.




    5.  Kill of fishes in or near the plumes from thermal shock




        caused by sudden natural overturns of the lake or sudden




        cessation of heat discharges due to shutdown of the plant.




    6.  Predation on some species of fish (particularly the young)




        may be increased where fish are stunned or their responses




        are dulled by thermal shock or reverse thermal shock.

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    7.  Failure of sex products to develop in adult fish resident




        in or near a plume, or failure of ripe adults to spawn




        where drawn to a plume.




    8.  Destruction or damage to fish eggs or larvae on the lake




        bottom from winter plume movements or from plumes impacting




        the bottom in spawning sites.




    9.  Early spawning of fish or hatching of fish or other organisms




        which may not find normal "in-phase" food supplies available.




   10.  Fish may be barred from use of favored shore zones by




        excessive temperatures at some seasons.




   11.  Synergistic effects with other pollutants may occur,




        including increased toxicity of pesticides or other toxics




        to fish and other aquatic life.




   12.  Disease incidence may be increased for salmon exposed to




        warmer waters.






We can now enlarge this list of possible, and probable, effects by




several additional points.






First we would expand item twelve of that list to include disease




impacts on fish other than just salmon.






Other impacts would include:




   13.  Disease in zooplankton organisms.




   14.  Increased uptake of pesticides and heavy metals by organisms




        at higher temperatures.

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   15.  Increased release of phosphorous from bottom sediments




        under anaerobic conditions at higher temperatures.




        (Presently this might have application only in southern




        Green Bay.)




   16.  Impingement of fishes on intake screens.




   17.  Kill of benthic organisms by  chlorine or other biocides




        contained in sinking plumes which flow along the bottom




        in winter.




   18.  Loss of weight by fish resident in heated plumes in winter.






Our concern for the effects of once through cooling on the natural




resources of Lake Michigan has not been lessened by the course of




events of the last two years.  During that time there has been some




research, though not nearly enough, plus many surveys and observations




concerning the effects of power plants on living aquatic resources.




Some of this work pertained particularly to Lake Michigan, other




was conducted at various points across the country, where the




concern for effects of power plants on aquatic resources is just




as great as it is here.






In total, the accumulation of evidence as to the adverse impact




of once through cooling is impressive.  A review of some of the




observations and findings to date leads us inevitably to a




reaffirmation of our belief that large thermal power plants using




once through cooling are incompatible with the management of the

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living aquatic resources, and especially the fishery resources,




of Lake Michigan for the public good.






I would like today to run through a list of research findings




and of power plant incidents which we feel will substantiate our




concern for the effects of plants with once through cooling on




living aquatic resources.






Most of these data are new to this conference, although not all




of them are.  In many cases you may be well aware of the incidents




but will realize that it has not been entered in the conference




proceedings.






This list is by no means complete.  We did not include many




incidents or research findings of which we knew but did not have




time to obtain the publication, or to contact the worker, or to




obtain confirmation of the incident.






We have included a number of newspaper reports of fish kills,




mainly because this seems to be the only public record in many




cases.  We are led to believe that most fish kills at power plants




in the past have gone unrecorded in the public record.  Time did




not permit our verification of the details of all the newspaper




reports since we began work on this list quite recently.






The question of exactly how many fish were killed or even how




they were killed may be of less concern at the moment than the

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fact that a kill did occur at a power plant.






The list of power plant effects is taken from a summary of




information prepared recently by the Great Lakes Fishery Laboratory




of the Bureau of Sport Fisheries and Wildlife at Ann Arbor, Michigan.






I offer for the record a copy of this summary entitled "Review




of Recent Technical Information Concerning Waste Heat Discharges




Into Lake Michigan."






The paper is now undergoing a final editing and will be issued




soon by the Ann Arbor Laboratory.  I offer it for the record here,




in its present draft form because it contains the bibliographic




references for the list I am about to cite.






This list has been divided into intake effects and discharge effects.






One of the serious effects of plant intakes with large withdrawals




of water is the impingement of fish on the intake screens.  Most




such screens are movable and have a mesh of about 3/8".  Thus




impinged fish are usually about 2" or more in length.  Virtually




all fish so entrapped are killed.  The problem is a widespread one




and is of major concern.






State Fish and Wildlife biologists in California estimate kills




of 4 to 25 tons each month at plants sited along 200 miles of the




California coast between Ventura and San Diego.

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One  of the best documented records is that at the Indian Point




generating station on the Hudson River in New York.  It has been




estimated that several million fish have been killed at this




285  MW plant in recent years.  Kills occurred as early as 1963




and  apparently each year since.






Between November 6, 1969 and January 11, 1970, 1,310,345 fish




were killed on the intakes at Indian Point.  Most were white




perch but more than 10% were striped bass.






A preliminary test of just two of the six pumps needed for Indian




Point Number Two, killed 75,000 fish on the intake screens in




a few days of operation in January 1971.






In February 1972, when two pumps were again tested, one of them




at but half of capacity, about 150,000 to 175,000 fish were killed




en the intake screens in four days of operation.






It has been estimated that about 60% of the fish killed at Indian




Point were white perch.   Twenty-three species were represented




in the total kill.






The AEC concluded that operations of Indian Point Units 1 and 2




would likely result in a loss of a significant portion of the




striped bass population of the Hudson River and would also effect




the  fisherie3 of New Jersey and Long Island coasts.

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A heavy kill of young herring over a 9 day period was reported




at Glenwood Landing, New York in December 1952.






An estimated 2 million young menhaden were reported lost in




August and November 1971 at Waterford, Connecticut on Long Island




Sound.






Records of kills on intake screens on the Great  Lakes are




difficult to locate but we have included a number of such




incidents.






In December 1970, a fish kill occurred at a generating plant




on Saginaw Bay on Lake Huron.  The duration of the kill was




unknown, but 4,760 distressed and dead fish were reported as




observed on one day and the kill for a week was  estimated as




several times larger.  Several species of fish were involved.






Heavy kills of fish (mostly alewives) have been  reported for




1963 and 1965 from the Saginaw-Midland water intakes, a municipal




supply.






In 1952, some 2 to 3 tons of grizzard shad from  the Detroit River




were killed when they entered the intake pipe of the Parke Davis




Company.






A one hour power failure was reported in 1955 as a result of




gizzard  shad entering the intake pipe of the Pennsylvania Electric




Company plant on Lake Erie.

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On April 7, 1972, at the Monroe Plant on Lake Erie, Michigan




Water Resources Comnission biologists weighed 1,357 pounds of




fish trapped on the travelling screen.  These were not all the




fish killed since the collection basket overflowed.  Sixty




percent of the fish were perch and 13 species were listed.




Apparently 300-600 pounds of fish per day were taken during




each of the preceeding 3 days.






On Lake Michigan, an alewife problem at Waukegan was one of




the earlier reported fish kills.  A 1967 report indicates some-




times massive impingements in 1961, 1962, 1963, and 1964.  In




1965 and 1966 massive jams occurred again.






Alewives were reported entering water intakes at U. S. Steelfe




Gary Works in 1966 and Inland Steels Indiana Harbor Works has




had similar problems.






The City of Chicagds Central District water filtration plant




in 1965 encountered problems with Alewives on its intake screens




at an hourly rate of 30,000 pounds during peak periods.  At the




South Filtration plant intake annual kills ranged from 21,000




pounds in 1965 to 123,000 pounds in 1971.






Studies by the Environmental Protection Agency in November 1971




report many large lake trout were drawn into the intakes of the




Big Rock Power Plant although the fate of the fish is not given.

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                             10
However, conditions favorable to losses of chubs and suckers




are given as are those for smelt in similar investigations at




the small Escanaba Power Plant in Michigan.






A massive fish kill occurred at the Consumer Power Company's




Campbell Plant on Lake Michigan in January and February 1971.




Michigan Water Resources Commission personnel reported a kill of




several hundred thousand fish.  The kill had been going on for




7 to 10 days before it was reported to the Commission on February 4th.




Most of the dead fish were gizzard shad, but alewives and perch




were included.  Of special interest, in this case is the proof that




massive fish kills in winter are not conspicuous.  The several




hundred thousand dead fish from the screens had been discharged




into the outlet canal where they were washed out into the lake.




Yet, on February 4th after 7 to 10 days of such kill and discharge




to the lake, the dead fish were not visible in the 10 to 20 acres




of ice-free open water around the mouth of the discharge canal.




Observations of fish under study in the laboratory, suggest that




fish freshly killed at power plants in winter may sink to the bottom,




perhaps due to contraction of the swim bladder upon entrainment with




colder water.






One of the latest pieces of evidence on impingement of fishes on




Lake Michigan was presented at the National Conference of the




American Fishery Society on September 11 by Dr. Robert Benda.

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                                 11






He reported that 51,235 fish weighing 4,995 pounds have been




taken from the screens of the Palisades Power Plant between




May 16 and August 25, 1972.  These fish include 17 species.




While the Alewives were about 60% by number and 44% by weight




the yellow perch with 8,608 fish were about 16% by number and




40% by weight.  Trout and salmon totalled only 28 fish but




included one 13 pound chinook salmon.  Bloater, smelt, shiners,




and sculpin were included in good numbers.  The large catch of




7,343 sculpins in early June suggests opportunity for extremely




heavy annual losses of this fish since it is usually most abundant




in the 18 to 30 foot depths in winter and early spring.






Argonne has reported the principal mortality at Palisades in




January and February to be Sculpins.  Dr. Benda stated that the




intake velocities at Palisades were only about 3/4 ft. per second




or less.






I would point out that the intake velocities of the Palisades




plant which amounts to only about 1000 cfs appears to be one of




the more favorably designed intakes of the large plants under




construction on the Lake.






By contrast, at the Zion Plant the intake velocities of up to




2.47 ft. per second during non-winter operations (and up to 3.7 ft.




per second during winter operations) with a gross volume of up to




about 3400 cfs flow presents a very real potential for significant fish

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                             12
losses, as do many of the other plants.






Information from the Great Lakes Fishery Laboratory indicates high




populations of several species of fish in the beach water zone




(at depths less than 30 ft. deep) where most of the intakes are




located.






Wells has shown that peak abundance of bloaters, smelt, trout -




perch, and adult yellow perch occurs in 18-30 ft. of water in




sunnier in southeastern Lake Michigan.  Slimy sculpins occur there




in February through mid-April, adult alewives show peak abundance




in April through June, and young-of-the year alewives in October




and November.






Data for other species is less well documented but available data




indicate that burbot, lake herring, lake whitefish, and most of




the trout and salmon species can be expected to be abundant in the




18 to 30 ft. depths in the fall.






Exploratory fishing by the Great Lakes Fishery Laboratory research




vessels in November and December 1971 showed spawning lake trout




to be abundant near the intakes of both the Palisades and the




Donald C. Cook Generating Stations.






A second major loss of fish can occur from the entrainment of




non-screenable fish with the intake water.  These are considered




to include fish eggs and any fish small enough to go through a




3/8" screen.  Obviously all larval and fry fish can go through

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                            13
the plant as can young fish up to about two inches for most




species.  Apparently few of these fish survive the physical




battering, the pressure changes, and thermal shocks of this trip




over the condensers, and many which do expire to long exposure




to excess temperature or fall prey to predators as they emerge




in the plume in a dazed condition.






Fish eggs sometimes simply disappear on passage through a plant,




perhaps due to rupture.  Loss of up to 99.7% of striped bass




eggs has been recorded at a generating station at Vienna, Maryland,




apparently through disintegration.






Sampling of fish and larvae at the Chalk Point, Maryland generating




station revealed mortality of 92.4% on passage through the plant.






At the Haddam Neck, Connecticut Nuclear Plant, 100% mortality of




entrained young fish of 9 species was found when temperatures




exceeded 86 F for passage through a 1.14 mile canal.  These fish




were alewives and a close relative, the glut herring.  The




investigator found also that 65% of larvae were killed when




exposed for only 93 seconds to a 10.7°F increase to 82.7 .  83%




were killed in 93 seconds when exposed to 92.3 F temperatures.






At the Brayton Point plant at Mount Hope Bay, Rhode Island a




heavy kill of manhaden fry was recently documented by the




Environmental Protection Agency.  Some flounder were also killed.

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164,000,000 manhaden larvae were killed in passage through this




plant in 24-hours on July 2, 1971.   Subsequent sampling indicated




that the kill continued through July and well into August with




a minimum observed 24-hour kill of  7 million fry in August.






There are few data on fish eggs, or fry passing through the  plants




on the Great Lakes.  Some sampling  was conducted at the Point




Beach Station and at the Oak Creek Station by the State of Wisconsin




from March 3 to May 27, 1971 and March 22 to April 22, 1971




respectively.






At Point Beach plankton nets fished on 14 days produced a catch




of one sculpin each on eight days and a few smelt eggs on another




two days and an unidentified fish egg on another.






The volume of water measured was 5/1000ths of one percent of the




total volume of flow.  Extrapolation of the test results would




suggest that around 4 million sculpins may have gone through the




plant during 42 days of operation between March 3 and April  29.




Between April 29 and May 19, about  23/1000ths of the water was




sampled.  Assuming a few smelt eggs to mean 10, then the number




passing through the plant may have been on the order of 400,000




in 24-hours on May 4 and more than one million on May 5.






The Oak Creek entrainment studies show that in 17 days of fishing,




smelt eggs in quantities from few to numerous were taken on five days

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                            15







and smelt in size from fry to adult were taken on 7 days and 1




alewife was taken on another.






The number of these organisms in the intake water as compared to




the discharge is not known nor is the percent survival of any




of these organisms after passage through the plant.  In any case,




the fact that a minimal sampling took both fish and eggs consistently




at these plants suggests a high probability of entrainment and




destruction of large numbers of fish and eggs at both plants.






Studies of distribution of fish fry along the eastern shore of




Lake Michigan were made by the Great Lakes Fishery Laboratory in




spring and summer of 1972.






Samples were taken at surface to 4 meter depths and the densities




of fry for 3 species were determined.  These were alewives, smelt




and yellow perch.






Based on these samples only, and assuming that the water is




withdrawn from the 3 to 4 meter depth and assuming equal distribution




of larvae throughout the entire volume of cooling water, we estimate




that entrainment of fry could be as high as 5 million alewives,




100,000 perch fry and 170,000 smelt per day at the Donald C. Cook




plant at the periods when highest densities were sampled.

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At the Palisades plant under the same assumptions entrainmetit of




fry could be as high as 1/2 million alewives, 150,000 perch and




60,000 smelt, based on the Bureau of Sport Fisheries and Wildlife




data.






I emphasize that we have no reason to believe that we necessarily




sampled at the peak density of any of these species so how high




the entrainment might be under some particular set of circumstances




at a given time is not quantifiable.  It could be lower but it is




also possible that it could be many times higher, expecially if




water from the top 3 meters of depth was entrained.  Fry densities




were much higher for perch and alewives nearer the surface.






In work by Dr. Benda at the Palisades Plant plankton sampling of




3.4 million gallons of water in 300 hours resulted in a catch of




less than 1000 fish eggs and 5 larvae.  At the pumping rate of




405,000 gallons per minute this indicates possible passage of 20




million eggs and 1,000 larvae during the 300 hours of sampling.




Expansion of these data to cover the full period of May 16 to




August 25 suggests massive losses of eggs and larvae may occur




at the Palisade site.  We recognize that a direct extrapolation of




Dr. Benda's data may not be appropriate but it does give some idea




of the relationships of the figures involved.

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                              17





The potential loss of whitefish larvae is of great concern to t'.




Fish and Wildlife Service.  The whitefish population of the southern-




most end of the Lake is probably at its all time low but limited




sampling at Saugatuck suggests a potential comeback of these




populations.  Populations in the northern Lake still support




commercial and sport fisheries.






Newly hatched whitefish are at the surface in very shallow water




in early spring but as temperatures approach 68 F they move off




to deeper and slightly cooler water.  62.6 F is the temperature




at which the bulk of population has been reported in Lake Huron.




The fish are found where the 62.6 F isotherm touches bottom.  In




Lake Huron this moves off shore between July and mid-September




when it reaches a 67-foot depth.






In Lake Michigan 62.6 F water would be available from mid-June or




early July to mid-September or early October depending on the year.






All Lake Michigan once through cooling water intakes are within




the zone that the 62.6 F isotherm would pass outward through and




beyond.






Recently completed studies of temperature tolerance of whitefish




fry at the Great Lakes Fishery Laboratory indicate that the




temperature increases and time of exposures to be caused by the




Palisades and Zion Plants coincide almost exactly with the




temperature and time exposures that cause 50% mortality from




thermal shock alone in whitefish fry acclimated to 62.7°F.

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                             18
At the Kewaunee plant the 20 F increase and 2.2 to 4.7 minutes




exposure time will also cause 50% mortality from heat alone




when intake temperatures are at about 62.7 F.






Whitefish fry not killed by elevated temperatures, mechanical




mauling by screens, pumps and cooling system or by chlorination




will likely be more susceptible to capture by predators concentrated




in or near the plumes.  This is explained more fully later.






Concentration of fishes by heated effluents has been recognized




for some time.  This results from temperature but also from




currents or availability of crippled food organisms.  Fish and




other organisms can be attracted by warmer water at times, as in




winter and repelled at other times as in summer when preferred




or tolerance limits of a species are exceeded.






Several observations on Lake Michigan confirm these points:




In summer elevated temperatures tend to attract some species of




warmwater fish as carp, alewives, smallmouth bass, spottail shiners,




perch and gizzard shad, while repelling trout, salmon and other




coldwater species.
When effluent temperatures are below about 65UF both warm and




coldwater species may be attracted.

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                               19
Concentration of these fish at the plumes where fishermen can




harvest them is often touted as a great benefit brought about by




once through cooling.






Perhaps it is but there are several negative aspects which should




not be ignored.






Heavy mortality can result to these concentrated fishes from




sudden sharp increases in temperature where fish are confined in




a small area, as in a discharge canal.  Such a kill of 1,000 game




fish (mostly striped bass 10-14 inches in length) on June 7, 1971




has been reported from Tompkins Cove, New York, when condenser




cooling water temperatures were sharply increased.






Of special interest are the results of studies which show a major




weight loss by fishes overwintering in a plume.  At Haddam Neck




on the Connecticut River studies of tagged fish (brown bullhead




and white catfish) showed an average loss of body weight in 4




months of 20% for fish wintering in the plume.  Some individuals




lost as much as 60% of body weight.  Poor condition was noted for




some individuals of these species in the canal during summer.






Of greater relevance is the sudden interruption of heat input




during winter.

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                               20
A number of low temperature kills in marine waters are known.




One recent case was a massive kill at Oyster Creek on Barnegat Bay,




New Jersey.  A drop of 22 F from 59 F to 37 F, during an operational




shutdown resulted in a kill of menhaden, anchovies, bluefish, striped




bass and herring.
A conspicuous freshwater kill occurred in February 1971 on the




Susquehannah River when a leak in a plant at York Haven, Pennsylvania




forced a sudden shutdown.  Temperatures dropped from a high of around




72 F to about 38 F within one hour.  A tally of dead fish three days




after the sudden outage was about 15,000 game fish.  Fish smaller




than 5 or 6 inches and certain rough fish were not tallied.  The




incidence of dead fish which did not float or were not otherwise




visible is unknown.






Two kills were recorded at Fremont, Ohio on the Sandusky River,




tributary to Lake Erie in January 1967 and in the winter of 1968.




I do not have details of these kills.






The records of kills due to winter shutdown at electric plants on




Lake Michigan are slow to appear.  However, I suggest that this




deserves special investigation and close observation of plants




during winter shutdown.

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                                21
Numerous shutdowns without effect are claimed, but assurance that




close examinations were made at that time would be most reassuring.




The difficulty of detecting kills is evident.  The incident of




huge numbers of dead fish discharged to the lake at the Campbell




plant without any being visible in a 10-20 acre area of open water




is a case in point.  Laboratory evidence that recently dead fish




moving from hot to cold water will sink is important as is the




short period of daylight, poor observing conditions and ice cover,




during Lake Michigan winters.  The ability of predators and scavengers




to remove a large number of dead fish from the surface in a short




time is also important.






The likelihood of kills when sudden outage of plants occurs on Lake




Michigan seems high if we examine known lethal temperatures for




some Lake Michigan fishes.  Data indicate that 50% kill might be




expected as follows:




    Coho Salmon acclimated to 41 F are killed by a sudden drop




    of 8°F.




    Chinook Salmon and Ciscoes acclimated to 43 F would be killed




    by an 11 F decrease.




    Grizzard shad acclimated to about 50 F would die from an 18°F




    temperature drop.




    Emerald shiners acclimated to about 54 F will die following a




    sudden 22°F drop.

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                              22
    White Suckers acclimated to 62 F would be killed by a drop of
    about 30°F.
Available data for Brooktrout and Sculpin suggest they might not




be effected by a sudden drop.






However, we lack specific data for several important species.




It is probable that such fish as whitefish, brown and rainbow trout,




spottail shiners, smelt, and alewives have temperature change




tolerances no greater than those listed above.






A review of the temperature rise at some 20 plants on the Lake




(existing and under construction) suggests that a sudden outage in




winter could cause a fish kill if any of several species of fish




were in the plume and were acclimated to warmed water of the plume.






Another source of damage to fish populations from the discharge of




power plants is from entrainment of fish fry and other weak swimming




organisms into the plume.






High velocity jet discharges are dependent on quick entrainment




and mixing with the cooler receiving water.






Research at the Great Lakes Fishery Laboratory has shown that thermal




shock increases the vulnerability of whitefish fry to predation.




Fry acclimated to 64.4 F (their preferred temperature is 62.6 F) and

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                            23
given a 1 minute shock exposure at 84.2 F are significantly more




susceptible to predation.  The time of 1 minute exposure to this




20 F increase could occur in the mixing jet of the Zion plant and




probably others as well.
The increase in predation from shock may be one of the more




significant impacts of the waste heat discharge.  This shock may




not only result from temperature but also from physical damage




during passage through a plants cooling system or while entrained




or from sub-lethal doses of biocides.  Weak swimmers which are




entrained may simply be displaced by being buoyed to the surface




in the warmest part of a floating plume where chance of attack by




predators is increased.







Combinations of thermal, chemical, and mechanical impacts probably




would be additive and vulnerability would increase where one or more




impacts coincides with another.







Effects of sinking plumes on incubating fish eggs may be especially




important.  Of interest is that the sinking plume does not appear




to have been recognized as existing in Lake Michigan until the




questions were raised in discussions with Argonne Laboratory technicians




during a working session of the Lake Michigan Enforcement Conference




Technical Committee during the fall of 1970.

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                              24
Research by Argonne has proven the existence of the plumes and




that even modest sized thermal plants can cause bottom plumes of as




much as 2.6 C over ambient at a distance of 1525 meters from the




discharge and a difference of A.O C at closer ranges.






Sudden changes of up to about 4 C in bottom temperatures were




recorded at some locations.  Argonne concluded that hatching of




lake herring eggs could be advanced 7 days by the higher temperatures




caused by the sinking plumes.  Possible stimulation of  periphyton




growth by higher temperatures was also recognized.
Recent research at the Great Lakes Fishery Laboratory on the




effects of temperature on the incubation and hatching of the eggs




of whitefish has shown a 136 day incubation period under simulated




normal lake conditions.






Increase of temperatures by 1.8, 3.6, and 7.2 F every 4th day during




the full incubation period shortened the incubation to 138, 134,




and 125 days respectively.






Constant addition of 1.8, 3.6, and 7.2 F over natural temperatures




resulted in hatching at 128, 115, and 86 days respectively.






A discussion of the shortening of the incubation of whitefish eggs




is included in Appendix A of the Palisades Environmental Impact




Statement.  This indicates a shortening of even 13 days would




significantly reduce the production of whitefish fry and the abundance




of whitefish for sometime thereafter.

-------
                              25
Another item of concern is the effect of temperature on attainment




of sexual maturity and egg viability of fishes.







Research at the National Water Quality Laboratory of EPA at




Duluth has shown that yellow perch achieved optimum gametogenesis




and spawning when exposed to 4 C for a period of 185-200 days.




Large deviation from these values reduced fecundity in terms of




production of viable eggs, number of females spawning and the quality of




the spawn.  Deviations from the optimum 185 days at 4 C may affect




males and cause a greater proportion of unfertilized spawnings.







Perch were among the fish killed at the Campbell plant and this




suggests that they are attracted from the 4 C water where their




fecundity may be affected by higher temperatures.







An inconspicuous but possibly significant effect of increased




temperature on fish is in the increased incidence of disease in




fish at higher temperatures.







A review of the literature shows clearly that elevated temperature




plays a vital role in incidence and severity of infection.  It




has been demonstrated that higher temperatures drastically increased




the effects of kidney disease, furunculosis, vibro disease and




columnaris in young salmonids.

-------
                             26
The effects of temperature and disease is documented for a major




kill of perch in Chesapeake Bay, for an incidence of columnaris




disease in the Columbia River and in the near obliteration of the




sockeye salmon in the Columbia River in 1941.






There already are serious problems with fungal infections, perhaps




in concert with other diseases, in male brown trout along the




Wisconsin shore when the fish enter warmer shore waters to spawn.




Mortalities of 88% in 1968 and nearly 100% in 1970 were recorded




for male brown trout.






Heavy fungus, perhaps coincident with bacterial infection, has




been noted on spawning browns and rainbows which enter Michigan




streams to spawn.






Kidney lesions have been reported in Lake Michigan coho salmon




and dead salmon with kidney lesions have been recovered from the




Lake.  In 1970 kidney disease was reported from 1.83% of 273 cohos




examined.






Concentration of fishes in plumes may offer opportunity for spread




of disease from fish more severely infected because of their presence




in warm water.






The uptake of some pollutants by fish appears to be higher at higher




water temperatures.

-------
                               27
Recent research at the Great Lakes Fishery Laboratory has shown




that lake trout exposed to 0.20 ppb methylmercury accumulated




almost twice as much from water at 10 C as from water at 5 C.
Rainbow trout exposed to similar concentrations for eight weeks




in water at 5, 10, and 15 C accumulated 50% and 100% more at the




higher temperatures than at 5 C.
Temperature may effect the uptake of other pollutants by fish.




It has been shown that a correlation exists between respiration




and uptake of DDT by the mosquito fish.  Though Gambusia are not




Lake Michigan fish, this finding suggests a relationship between




temperature and DDT uptake which cannot be ignored in view of the




high levels of DDT and PCB now occurring in some Lake Michigan




fishes.







It is an established fact that some toxicants are more lethal to




fish at higher temperatures than at lower temperatures.  It has




been suggested that some chemicals used in power plants may also




be more toxic at higher temperatures.







A matter of concern is the effect of temperature on higher nutrient




release from bottom sediments under anaerobic conditions.  Recent




research at the Ann Arbor Fishery Laboratory has confirmed that




phosphorous is released at a rate four times greater at 77 F than




at 44°F.

-------
                               28
Much has been said about planktonic algae in Lake Michigan but we




still know far too little about the effects of temperature on this




primary element of the aquatic biota.






A 1969 report indicates that within some temperature ranges (68 F




or cooler) a higher temperature stimulated photothensis but above




68 F further increases inhibited it.  At high ambient temperatures,




a permanent inhibition of photosynthenis occurred for phytoplankton




that had passed through the power plant.  During chlorination all




phytoplankton passing through the plant were killed.






A study at Turkey Point, Florida indicated a decrease in species




diversity with temperatures of 9 F above intake and blue-green




algae increased when ambient temperatures were 78.8 to 82.4 F.






Other workers have found that increased temperature from a power




plant on the Delaware River resulted in a decrease in the total




number of phytophankton species but an increase in bluegreen algae




species.






In the Susquehannah River, heated water reduced the number of species




of algae.






However, the effects of heated plumes on the productivity of




planktonic algae relative to suppression of desirable species and




blooms of undesirable forms has not been clearly established.

-------
                              29
The movement of discrete water masses with each carrying its own




assemblage of planktonic forms through the sample area results in




complications of the study.  Most discharge sites are potentially




productive areas because of nutrients released by organism killed




on passage through the plant.







Entrained algae carried to the surface in the nutrient rich,




buoyant plumes would appear to be favorable to increased growth.







Chlorination may debilitate many of the algal species and




selectively effect the production of desirable or undesirable




species.







These considerations viewed with respect to evidence of periphyton




production, to be discussed next, suggest that net increases may




be occurring among populations of planktonic algae in heated plumes




in Lake Michigan.







The periphyton communities seem to differ from the planktonic algae




communities in that they seem to be responding to heated effluents




in a predictable manner.







Connecticut River investigations showed similarity of planktonic




communities above and below a heated discharge.  Among the periphyton,




however,  diatoms dominated samplers above the discharge and blue-




greens below.  One year after the plant began operation numbers of

-------
                             30
organisms in the effluent were 4.3 times as abundant as before




the discharge when numbers were similar in both areas.






Studies at Point Beach in the summer of 1971 showed significantly




greater biomass at near field stations than at far stations on a




temperature difference of only 3.6 F.  Winter stimulation of




periphyton growth by  sinking plumes could be of significance and




should be carefully searched for.






Cleaning of condenser tubes in power plants to remove biological




fouling is essential to plant maintenance and efficiency.  Heat




shock, chemicals and passing mechanical devices through the system




have all been used.






Chemicals are generally the most serious threat to the ecology.




Chlorine as hypochlorite or gaseous chlorine is probably the most




widely used biocide in power plant cooling systems.  Various con-




centrations are used and effectiveness of chloramines can be




hampered by high BOD or ammonia levels.






Unfortunately, all these forms of  chlorine are toxic to aquatic




organisms and often at levels below those used in power plants.






During chlorination, all the planktonic organisms, including fish




larvae, may be killed in the water passing through the plant while




large numbers probably are affected in the plume.

-------
                              31
Long-term exposure of rainbow trout to as little as 0.05 ppm may




be toxic.







Other organisms have extremely low tolerances for chlorine on




long-term exposure.







Fish kills have resulted from chlorine discharges into plume




areas where fish were concentrated.  This may have been a factor




in a fish kill effecting the intake screens at the Waukegan power




plant.







Some fish detect and avoid chlorine at concentrations as low




as 0.001 ppm and several species have been observed avoiding




discharges when chlorine was present.  Conversely fish have been




observed dying by thousands immediately after chlorination began.







If chlorination during winter drives fish out of heated areas to




which they are acclimated, the possibility exists that these fish




would be killed by low temperature shock.







Benthic and psammo-littoral communities may be especially hard




hit by chlorine residuals in sinking plumes which flow over the




bottom.  The invertebrate species of these communities appear to




be especially sensitive to chlorine.







Unfortunately, some power plants appear to use excessive amounts




of chlorine at times, perhaps because of inadequate measurement




techniques.

-------
                               32
More studies of acute and chronic effects of chlorine are needed.




Preliminary evidence indicates that sublethal doses of chloramine




can cause reduction of egg production in fish and invertebrates.






Gentlemen, in the interest of time I will not summarize this long




list of problems with once—through cooling at power plants.




Needless to say, the draft document provided you contains an




elaboration on these matters and the references for the information




it contains.  I commend this document to your careful consideration.




I believe it provides ample proof of the significant adverse




impact of once-through cooling on aquatic resources and of the




necessity of closed cycle cooling for all the larger power plants




on the shores of Lake Michigan.

-------
    	 	       _            	543


                              I. Barber

 2 '            MR. BARBER:  That paper, prepared jointly by the

     Bureau of Sport Fisheries and Wildlife and the Federal Water

     Quality Administration, set forth the basis of our concern

     for the effects of waste heat discharges on the aquatic

     resources of Lake Michigan.
 7
17
22
23

24
25
          At the Chicago Workshop,  most of the talk pertained
     to discharge effects.  Since then much has been learned and
   j
 9   it is quite obvious now that powerplants with once-through
   i

10 !  cooling can be as deadly at one end as the other.


11 j|            The problems of entrainment and impingement of


12 i  organisms in the intake flow are fully as great, and as


13 |j  serious, as the discharge effects of the heated water in


     most caseso


15             During 1971, the Bureau of Sport Fisheries and
   11

16 !  Wildlife presented testimony at State hearings for thermal
standards in Michigan, Wisconsin and Indiana,
   11
18 ii            in those statements we tabulated twelve potential


19 '  adverse impacts on aquatic resources.  These were:


20             i.  Eutrophication effects over an area warmed


21 i  by the plume, including increased growth of algae with a
shift toward less desirable green and blue-green species.

          2.  Damage or destruction of zooplankton,  phyto-

plankton, fish eggs, and larval fishes entrained in the

cooling water from heat, abrasive action,  and turbulence

-------
     	344




 1                            Y. Barber



 2   in passing through the system and where chemical cleaning is



 2   used, from too frequent or excessive use of chemicals.



               3.  Interference with fish movements along shore



     zones from thermal barriers.



               4.  Disruption of the normal inshore temperature



     structures of the lake.



               5.  Kill of fishes in or near the plumes from



 9   thermal shock caused by sudden natural overturns of the lake



10   or sudden cessation of heat discharges due to shutdown of



11   the plant.



12             6»  Predation on some species of fish (particularly



13   the young) may be increased where fish are stunned or their



14   responses are dulled by thermal shock or reverse thermal



15   shock.



16             7.  Failure of sex products to develop in adult



17   fish resident in or near a plume, or failure of ripe adults



     to spawn where drawn to a plume.



19             #.  Destruction or damage to fish eggs or larvae



20   on the lake bottom from winter plume movements or from



21   plumes impacting the bottom in spawning sites.



22             9.  Early spawning of fish or hatching of fish or



23   other organisms which may not find normal "in-phase" food



24   supplies available.



25             10.  Fish may be barred from use of favored shore

-------
                                       -               	545




                              Y. Barber



 2    zones by excessive temperatures at some seasons,


 3             11.  Synergistic effects with other pollutants may


      occur, including increased toxicity of pesticides or other



 5    toxics to fish and other aquatic life.

   i
 6 i            12.  Disease incidence may be increased for salmon
   i
   i

 7    exposed to warmer waters.
   I

 8             We can now enlarge this list of possible and

   i
 9 !   probable effects by several additional points.


10             First, we would expand Item 12 of that list to



11    include disease impacts on fish other than just salmon.

   i

12             Other impacts would include:


13 i            13.  Disease in zooplankton organisms.


14             14.  Increased uptake of pesticides and heavy



15    metals by organisms at higher temperatures.


16 i            15.  Increased release of phosphorus from bottom

   i

17    sediments under anaerobic conditions at higher temperatures.

   j:

13 |   (Presently this would probably apply only to southern


19    Green Bay.)
   i

20             16.  Impingement of fishes on intake screens.


               17.  Kill of benthic organisms by chlorine or

OO i
      other biocides contained in sinking plumes which flow



 ^ !   along the bottom in winter.


               IS.  Loss of weight by fish resident in heated

05 I
      plumes in winter.

-------
                                                              546



 1                            Y. Barber


 2             Our concern for the effects of once-through cooling


     on the natural resources of Lake Michigan has not been


     lessened by the course of events of the last 2 years.  During


     that time there has been some research, though not nearly


     enough, plus many surveys and observations concerning the


     effects of powerplants on living aquatic resources.  Some


 g |,  of this work pertained particularly to Lake Michigan, other


 9   was conducted at various points across the country, where


10   the concern for effects of powerplants on aquatic resources

   i
11 I  is just as great as it is here.


12             In total, the accumulation of evidence as to the


13   adverse impact of once-through cooling is impressive.  A


14   review of some of the observations and findings to date leads


15   us inevitably to a reaffirmation of our belief that large


16   thermal powerplants — and I might add, after seeing the


17   data of the last witness and other large thermal dischargers


18   «- using once-through cooling are incompatible with the


19   management of the living aquatic resources, and especially


20   the fishery resources, of Lake Michigan for the public good.


21             I would like today to run through a list of


22   research findings and of powerplant incidents which we feel


23   will substantiate our concern for the effects of plants
   i

24   with once-through cooling on living aquatic resources.


2$             Most of these data are new to this conference,

-------
     __  _______  _  _________ 547


                              I. Barber

     although not all of them are.  In many cases you may be well

     aware of the incidents, but will realize that it has not

 A II  been entered in the conference proceedings in the past.

               MR. McDONALD:  Mr. Barber.
5
7
               MR. BARBER:  les.

               MR. McDONALD:  I wonder if, as you run through
    these, you would identify those that are new to the confer-

9 "
     ence.*
10 i            MR. BARBER:  If I can, sir.  I may not be fully
   i
11 I  aware of the total record of the conference in the past,

12 !  but many of these are incidences of fish kills, many of

13   which are not necessarily in the Great Lakes, but I think

14   that if I could not do it at this moment, I could do it for

15 |  the record insofar as my knowledge of the conference record

16   goes.

17 !            MRo McDONALD:  Very good.

               MR. BARBER:  This list is by no means complete.

19 l|  We did not include many incidents or research  findings

20 |  of which we knew but did not have time to obtain the publi-

21 i  cation, or to contact the worker, or to obtain the confirma-

22 |  tion of the incident.

23 i            We have included a number of newspaper reports of

     fish kills, mainly because this seems to be the only public

     record in many cases.  We are led to believe that most fish
     *(See following page.)

-------
      United States Department of the Interior
                FISH AND WILDLIFE SERVICE
            BUREAU OF SPORT FISHERIES AND WILDLIFE
                   WASHINGTON, D.C.  20240
                                                           ADDRESS ONLY THE DIRECTOR,
                                                           BUREAU OF SPORT FISHERIES
                                                           AND WILDLIFE
                                                      b 1372
 Mr. Francis T. Kayo, Chairman
 Lake Michigan Enforcement Conference
 U.S. Environmental Protection Agency
 One North Wacker Drive
 Chicago, Illinois  60606

 Dear Mr. Mayot

 When I testified at the 4th session of the Lake Michigan Enforcement
 Conference in Chicago on September 21, 19?2, the Federal Conferee,
 Mr. James McDonald, asked whether the information presented in my
 statement was new to the Lake Michigan Snforcement Conference.

 I have not reviewed all the proceedings of the earlier sessions of
 the Conference but I have examined several documents pertaining to
 sessions dealing with thermal pollution.  I have also reviewed my
 files on the Lake Michigan Technical Committee in which I participated.

Some of the predicted impacts on aquatic life which I discussed
were recognized in the earlier sessions of the Conference,  of
 course.  However, in so far as I can determine the confirming
 evidence of known instances of damage from once-through cooling,
and the research findings supporting the various predictions of
impacts were not reported in the proceedings of previous sessions
of the Conference.

This would hold true both for my statement and for the draft document,
"Review of Recent Technical Information Concerning Waste Heat
Discharges into Lake Michigan",  which I presented for the record.

                                    'fours very truly,
                                  /Yates M. barber
                                    Pish >~nd Wildlife Administrator
                                    Office of Environmental Duality

-------
                              Y. Barber



     kills at powerplants in the past have gone unrecorded in the



     public record.  Time did not permit our verification of the



     details of all the newspaper reports since we began work on




     this list quite recently.



               The question of exactly how many fish were killed



     or even how they were killed may be of less concern at the



     moment than the fact that a kill did occur at a powerplant.



               I think we would not question in the case of those



10   clippings which we have used that there was an incident



11   which occurred although the details might justify verifica-




12   tion.



13 |            The list of powerplant effects is taken from a



     summary of information prepared recently by the Great Lakes



15   Fishery Laboratory of the Bureau of Sport Fisheries and



     Wildlife at Ann Arbor, Michigan.



17             I offer for the record a copy of this summary



     entitled "Review of Recent Technical Information Concerning

   j

•^ !  Waste Heat Discharges into Lake Michigan.*1  This is the



20   green-covered document which I gave you.



2^ I            The paper is now undergoing a final editing and


22 i
     will be issued soon by the Ann Arbor Laboratory.  I offer it


23
     for the record here, in its present draft form, because it



2A- ii
   l| contains the bibliographic references for the list I am


25 I!

   'i about to cite.

-------
     	549





                              Y. Barber




               (The document previously referred to is on file



     at U.S. EPA, Headquarters, Washington, D.C.; and EPA, Region




     V Office, Chicago, Illinois.)




               This list has been divided into intake effects



     and discharge effects.



               One of the serious effects of plant intakes with



     large withdrawals of water is the impingement of fish on



     the intake  screens.  Most such screens are movable and have



10   a mesh of about 3/#M»   Thus, impinged fish are usually



11   about 2W or more in length.  Virtually all fish so entrapped



12   are killed.  The problem is a widespread one and is of major



     concern.



               State Fish and Wildlife biologists in California



15   estimate kills of 4 to 25 tons each month at plants sited



     along some  200 miles of the California coast between Ventura



     and San Diego.
   11

i A
-1-0             One of the best documented records of fish kills



 ° '  by impingement is that at the Indian Point generating
20
      station on the Hudson River in New York.  It has been esti—
21
     mated  that  several million fish have been killed at this


22 i
   11  ~Ac  MW plant  in recent years.  Kills occurred as early as



23
     1963 and apparently each year since.


24 !
               Between November 6, 1969, and January 11, 1970,
   I!

25
   "  1,310,345 fish were killed on the intakes at Indian Point.

-------
                                                               550
 3
 4
                              I. Barber
     Most were white perch but more than 10 percent were striped
bass.
          A preliminary test of just two of the six pumps
10
11
12 IS
13
14
15
16
17
18
19
20
21
needed for Indian Point No, 2, located at the same site,
killed 75,000 fish on the intake screens in a few days of
operation in January 1971.
          In February 1972, when two pumps were again tested,
one of them at but half of capacity, about 150,000 to 175,000
fish — according to which agency's estimate you use — were
killed on the intake screens in 4 days of operation.
          It has been estimated that-  about 60 percent of
the fish killed at Indian Point were white perch.  Twenty-
three species were represented in the total kill.
          The AEG concluded that operations of Indian Point
Units 1 and 2 would likely result in a loss of a significant
portion of the striped bass population of the Hudson River
and would also affect the fisheries of the New Jersey and
Long Island coasts.
          Another  incident  of importance is a heavy kill of
young herring over a 9-day period reported at Glenwood
oo
     Landing, New York in December 1952.

 ^ !|           An estimated 2 million young menhaden were reported
OL  :
   || lost in August and November 1971 at Waterford, Connecticut
? ^ '
 ? 'l on Long Island Sound.

-------
       	551


 1                            Y. Barber

 2             Records of kills on intake screens on the Great

 3    Lakes  are difficult to locate but we have included a number

 4    of  such  incidents*

 5             In  December 1970, a fish kill occurred at a gener-

 6    ating  plant on  Saginaw Bay on Lake Huron.  The duration of

 7    the kill was  unknown, but 4,760 distressed and dead fish were

 8    reported as observed in one day and the kill for a week was

 9    estimated as  several times larger.  Several species of fish

10    were involved.

11             Heavy kills of fish (mostly alewives) have been

12    reported for  1963 and 1965 from the Saginaw-Midland water

13    intakes, a municipal supply.

14             In  1952, some 2 to 3 tons of  gizzard shad from
   j
15    the Detroit River were killed when they entered the intake

16    pipe of  the Parke Davis Company.

17             A 1-hour power failure was reported in 1955 as a

13    result of gizzard shad entering the intake pipe of the

19    Pennsylvania  Electric Company plant on Lake Erie.

20             on  April 7, 1972, 60,000 emerald shiners were

21    killed in the intake of a generating plant in Erie Harbor,

22    Pennsylvania.

23             on  April 7, 1972, at the Monroe plant on Lake
   i
24    Erie,  Michigan  Water Resources Commission biologists weighed

2 5    1,357  pounds  of fish trapped on the traveling screen.  These

-------
 ,                             Y. Barber

 2    were not all of the fish killed since the collection basket

     overflowed.  Sixty percent of the fish were perch and 13

     species were listed.  Apparently 300 to 600 pounds of fish

     per day were taken during each of the preceding 3 days*

               On Lake Michigan, an alewife problem at Waukegan

     was one of the earlier reported fish kills.  A 196? report

     indicates sometimes massive impingements in 196l, 1962,

     1963, and 1964.  In 1965 and 1966 massive jams occurred
10
12

13
15
     again
               Alewives were reported entering water intakes at

     U.S. Steel's Gary Works in 1966, and Inland Steel's Indiana

     Harbor Works has had similar problems.

               The city of Chicago's Central District water fil-

     tration plant in 1965 encountered problems with alewives
16   on its intake screens at an hourly rate of 30,000 pounds


17   during peak periods.  At the South filtration plant intakes


IS I  in Chicago, annual kills ranged from 21,000 pounds in 1965


19 fl  to 123,000 pounds in 1971.
   I
20             Studies by the Environmental Protection Agency in


21 lj  November 1971 report many large lake trout were drawn into
   1 i

22 ij  the  intakes of  the Big Rock powerplant although the fate


23 J  of the fish is  not given.  However, conditions favorable
   1

24 i  to losses of chubs and suckers were given, as are those


25 j  for  smelt in similar investigations at the small Escanaba

-------
 5



 6
 7
 9
10
11
12
13
15




16
17
19
20
21
22
23



24
25
                                                          553





                         I. Barber



power plant in Michigan.




          A massive fish kill occurred at the Consumer Power



Company's Campbell plant on Lake Michigan in January and



February 1971.  Michigan Water Resources Commission person-



nel reported a kill of several hundred thousand fish.  The



kill had been going on for 7 to 10 days before it was re-




ported to the Commission on February 4.  Most of the dead



fish were gizzard shad, but alewives and perch were included.



Of special interest in this case is the proof that massive



fish kills in winter are not conspicuous.  The several



hundred thousand dead fish from the screens had been dis-



charged into the outlet canal where they were washed out




into the lake.  Yet on February 4, after 7 to 10 days of



such kill and discharge to the lake, the dead fish were



not visible in the 10 to 20 acres of ice-free open water



around the mouth of the discharge canal.  Lab studies sug-



gest that fish freshly killed at powerplants in winter often



sink to the bottom, perhaps due to contraction of the swim




bladder upon entrainment with colder water after being in



the heated water of the plume.



          one of the latest pieces of evidence on impinge-



ment of fishes on Lake Michigan was presented at the National



Conference of the American Fishery Society on September 11



by Dr. Robert Benda.  He reported that 51,235 fish weighing

-------
     	  	,  	554


                              I,  Barber
                                                                   |
                                                                   ]
 2    4,995 pounds have been taken from the screens of the PalisacUs

 3 |   powerplant between May 16 and August  25,  1972.   These fish

 4 I   include 17 species.  While  the alewives were  about  60 per-

      cent by number and 44 percent by weight,  the  yellow perch,

      with 8,60$ fish,  were about 16 percent by number and 40

      percent by weight.  Trout and salmon  totaled  only 28 fish

      but included one  13-pound Chinook salmon.   Bloater,  smelt,

 9    shiners and sculpins were included in good numbers.   The

10    large catch of 7,343 sculpins in early June suggests oppor-
   i
11    tunity for extremely heavy  annual losses  of this fish since

12 !   it is usually most abundant in the 18-to  30-foot depths in

13    winter and early  spring.

14              Argonne has reported the principal  mortality at

15    Palisades in January and February to  be sculpins.   Dr. Benda
   i
16    stated that the intake velocities at  Palisades  were  only

17    about 3/4 foot per second or less.
   il
1° '             I would like to point out that  the  intake  veloci-

19 |   ties of the Palisades ^p'lant which amounts to  only about

20 :   1,000 c.f. s.  is one of the  more favorably designed  intakes

21 |   of the large plants under construction on the lake.

                By contrast,  at the Zion plant  the  intake

 3    velocities of up  to 2.47 feet per second  during nonwinter

p j
 ^ :   operations (and up to 3»7 feet per second during winter
p C
 ? ;   operation) with a gross volume of up  to about 3,400  c.f.s.

-------
         	555

 1                            I. Barber
 2   presents a very real potential for significant fish losses,
     as  do many of the other plants.
 4             Information from the Great Lakes Fishery Lab
 5   indicates high populations of several species of fish in the
     beach water  zone (at depths less than 30 feet deep) where
     most of the  intakes are located.
               Wells has shown that peak abundance of bloaters,
 9   smelt, trout, and adult yellow perch occurs in 18 to
10   30  feet of water in summer in southeastern Lake Michigan.
11   Slimy sculpins occur there in February through mid-April;
12   adult alewives show peak abundance in April through June;
13   and young-of-the year alewives in October and November.
14             Data for other species is less well documented
15   but available data indicate that burbot, lake herring, lake
16   whitefish, and most of the trout and salmon species can be
17   expected to  be abundant in the 1&- to 30-foot depths in the
13   fall.
19             Exploratory fishing by the Great Lakes Fishery
20   Lab research vessels in November and December 1971 showed
21   spawning lake trout to be abundant near the intakes of both
22   the Palisades and the Donald C. Cook generating stations.
23             A  second major loss of fish can occur from the
2^-   entrainment  of nonscreenable fish with the intake water.
2^   These are considered to include fish eggs and any fish small

-------
     	556

                              I. Barber

      enough  to  go through a  3/3 inch  screen.  Obviously all larval

      and fry fish can  go through the  plant as can young fish up  to

      about 2 inches  for most species.  Apparently few of these

 5    fish survive the  physical battering, the pressure changes,

 6    and thermal shocks of this trip  over the condensers,  and many

 7    which do,  expire  to long exposure to excess temperature or

      fall prey  to predators  as they   emerge in the plume in a dazed

 9    condition.

10              Fish  eggs sometimes simply disappear on passage

11    through a  plant,  perhaps due to  rupture.  Loss of up  to 99.7

12    percent of striped bass eggs has been recorded at a gener-
   I
13    ating station at  Vienna, Maryland,  apparently through disin-

14    tegration.
   I
15              Sampling of fish and larvae at the Chalk Point,

      Maryland generating station revealed mortality of 92.4 per-

17    cent on passage through the plant.

 °              At the  Haddam Neck, Connecticut nuclear plant,

19 jj   100 percent mortality of entrained  young fish of 9 species
   i
2® I   was found  when  temperatures exceeded $6° F. during passage

21 |j   through a  1.14  mile long canal.  These fish were mostly
   i
22 |   alewlves and a  close relative of the glut herring.  The
oo il
^    investigator found also that 65 percent of larvae were

24 li
25

-------
                                                             537
                             I. Barber
2    killed when exposed for only 93 seconds to a 10.7° P.
     increase to 82.7° F.  Eighty-three percent were killed in
 4
 5
 6
 7
 9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
     93  seconds when exposed to 92.3° F. temperatures.
              At the Brayton Point plant at Mount Hope Bay,
     Rhode  Island, a heavy kill of raanhaden fry was recently
     documented by the Environmental Protection Agency.  Some
     flounder were also included in this kill but they were
     probably a minor percentage.  One hundred and sixty- four
     million manhaden larvae were killed in passage through this
     plant  in 24 hours on July 2, 1971.  Subsequent sampling
     indicated that the kill continued through July and well into
     August with a minimum observed 24-hour kill of 7 million
     fry in August.
              There are few data on fish eggs or fry passing
     through the plants on the Great Lakes.  Some sampling was
     conducted at the Point Beach Station and at the Oak Creek
     Station by the State of Wisconsin from March 3 to May 27,
     1971,  and March 22 to April 22, 1971, respectively.
              At Point Beach, plankton nets fished on 14 days
     produced a catch of 1 sculpin each on & days and a few
     smelt  eggs on another 2 days and an unidentified fish on
     still  another.
              The volume of water measured was 5/1,000 of 1
     percent of the total volume of flow.  Extrapolation of the

-------
              	         	   _    _        553



                              I. Barber

 2    test  results  would suggest that  around  4 million  s*"uipins


 o j   may have gone through  the plant  during  42  days of operation
   i

 i     between March 3  and April 29,  We realize  these data are not !
 *+

 5    necessarily directly translatable, but  the significance


 5    of the incidence of capture of fish  is  quite  impressive,
                                                                  i

 7              Between April  29 and May 19,  about  23/1?000 of
 '                                                                 i

      1 percent  of  the water was sampled.  Assuming a few smelt
                                                                  I
 9    eggs  to mean  10,  then  the number passing through  the plant   I
                                                                  I
10    may have been on the order of  400,000 in 24 hours on May 4
                                                                  |
11    and more than 1  million  on May 5.                            i
                                                                  i

12              The Oak Creek  entrainment  studies show  that in 17
   i

13 '   days  of fishing,  smelt eggs in quantities  from few to numer- i


14    ous   were taken on 5  days and smelt in size  from fry to     !

   !
15    adult were taken on 7  days and 1 alewife was  taken on


16 II   another,

17              The number of  these  organisms in the intake water

18    as compared to the discharge is  not  known  nor is  the percent


19    survival of any  of these organisms after passage  through the


20 ;   plant. In any case, the fact  that a minimal  sampling took
   i
21 i   both  fish  and eggs consistently  at these plants suggests a
   1 j
22 |   high  probability of entrainment  and  destruction of large


23 jj   numbers of fish  and eggs at both plants,


24              Studies of distribution of fish  fry along the
   !i
25 |!   eastern shore of Lake  Michigan were  made by the Great Lakes

-------
          	559





 1                            I. Barber



 2    Fishery Laboratory  in  spring and summer of 1972,



 3              Samples were taken at surface to 4-meter depths



 4    and the densities of fry for 3 species were determined.



 5    These were alewives, smelt and yellow perch.



 6              Based on  these samples only, and assuming that the



 7    water is withdrawn  from the 3- to 4-meter depth and assuming



 $    equal distribution  of  larvae throughout the entire volume of



 9    cooling water, we estimate that entrainment of fry could be



10    as  high as 5 million alewives, 100,000 perch fry and 170,000



11    smelt per  day at the Donald C. Cook plant at the periods



12    when highest densities were sampled.



13              At the Palisades plant, under the same assumptions,



14-    entrainment of fry  could be as high as .5 million alewives,



15    150,000 perch, and  60,000 smelt, based on the Bureau of



1°    Sport Fisheries and Wildlife data.



17



i A
•L0  I            I emphasize  that we have no reason to believe that



 °    we  necessarily sampled at the peak density of any of these


20
      species, so how high the entrainment might be under some par-


21 I
   I   ticular set of circumstances at a given time is not quanti-


22
      fiable.  It could be lower but it is also possible that it


23
      could be many times higher, especially if water from the top


24
      3 meters of depth was  entrained.  Fry densities were much


25
      higher for perch and alewives nearer the surface.

-------
                                                       	560


 1                             Y.  Barber

 2              In work by Dr.  Benda at  the  Palisades  plant,

 3    plankton sampling of 3.4  million gallons  of water  in 300

 4    hours resulted in a catch of less  than 1,000  fish  eggs and

 5    5 larvae.   At the pumping rate of  405*000 gallons  per minute,

 6    this indicates possible passage of 20  million eggs and

 7    100,000 larvae during the 300 hours of sampling.   Expansion

 8    of these data to  cover the full period of May 16 to August
   i
 9    25 suggests massive losses of eggs and larvae may  occur at

10    the Palisades site.
   i
11              The potential loss of whitefish larvae is of

12 |   great concern to  the Fish and Wildlife Service.  The white-
   i
13    fish population of the southernmost end of the lake is

14    probably at its all-time  low but limited  sampling  at

15 !   Saugatuck suggests a potential comeback of these populations.

16    Populations in the northern  lake still support commercial and

17    sport fisheries.

1° !j             Newly hatched whitefish  are  at  the  surface in very

19 j!   shallow water in  early spring but  as temperatures  approach

20 |   6$° p^  they move  off to deeper and slightly cooler water.
   i
21 ||   62.6° F.  is the temperature  at which the  bulk of population

22 1   has been reported in Lake Huron.   The  fish are found where
   i
 ^    the 62.6°  F. isotherm touches bottom.  In Lake Huron this
o / !
   i   moves offshore between July  and mid-September when it reaches

2^ i   a 67-foot  depth.

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   .	561





 1                             Y.  Barber




 2              In Lake Michigan,  62.6° F. water would be  avail-




 3    able from mid-June or early  July to mid-September or early



 4    October depending on the  year.




 5              All Lake Michigan  once-through  cooling water  in-



 6    takes are within the zone that  the 62.6°  F,  isotherm would



 7 !   pass outward through and  beyond.




 8              Recently completed studies of temperature  toler-



 9    ance of whitefish fry at  the Great Lakes  Fishery Laboratory



10    indicate that the temperature increases and  time of  exposures



11    to be caused by the Palisades and Zion plants  coincide  almost



12    exactly with the temperature and time  exposures  that cause



13    50 percent mortality from thermal shock alone  in whitefish



14    fry acclimated to 62.7° F.



15              At the Kewaunee plant, the 20°  F.  increase and



      2.2 to 4.7 minutes exposure  time will  also cause 50  percent



17    mortality  from heat alone  when intake temperatures are at




      about 62.7° F.



19              Whitefish fry not  killed by  elevated temperatures,




      mechanical mauling by screens,  pumps and  cooling systems  or



21    by chlorination will likely  be  more susceptible  to capture



22    by predators concentrated in or near the  plumes.  This  is



      discussed more fully later.



                Concentration of fishes by heated  effluents has



 ^    been recognized for some  time.  This results from temperature

-------
                                                               562
                                     .             ..                 ,



 ]_                             Y,  Barber


 2 |   but  also  from  currents  or availability  of crippled  food


      organisms.   Fish and other organisms  can be  attracted  by


      warmer water at  times,  as in winter,  and repelled at other


      times,  as in summer,  when preferred or  tolerance  limits of


 6    a species are  exceeded,


 7 i             Several observations on Lake  Michigan confirm


 8    these points:  In summer, elevated  temperatures tend to


 9 i   attract some species of warmwater fish  as carp, alewives,


10    smallmouth bass,  spottail shiners,  perch,  and  gizzard  shad,


11 i   while repelling  trout,  salmon, and  other coldwater  species,


12              When effluent temperatures  are below about 65°  F.
   i

13    both warm- and coldwater species may  be attracted.


14              Concentration of these fish at the plumes where


15 i   fishermen can  harvest them is often touted as  a great


16    benefit brought  about by once-through cooling. Perhaps it


17    is,  but there  are several negative  aspects which  should not


1^ i   be ignored.
   i

19              Heavy  mortality can result  to these  concentrated
   i

20    fishes from sudden sharp increases  in temperature where fish
   i

21    are confined in  a small area, as in a discharge  canal. Such


22    a kill of 1,000  game fish (mostly striped bass 10-14  inches


23 ]   in length) on  June 7, 1971,  has been  reported  from  Tompkins


2^ {|   Cove, New York,  when condenser cooling  water temperatures


  5 |   were sharply increased.

-------
    	563_





 1                             Y.  Barber



 2              Of special  interest  are the  results  of  studies



 3    which show a major weight loss by fishes overwintering  in



 4    a plume.   At Haddam Neck,  on the Connecticut River,  studies



 5    of tagged fish (brown bullhead and  white catfish)  showed  an



 6    average loss of body  weight  in 4 months  of  20  percent for



 7    fish wintering in the plume.  Some  individuals lost  as  much



 $    as 60 percent of body weight.   Poor condition  was noted for



 9    some individuals of these species in the canal during



10    summer.



11              Of perhaps  greater relevance than temperature



12    increase  is the sudden interruption of heat input during



13    winter.



14              A number of low temperature  kills in marine waters



15    are known.  One recent case  was a massive kill at Oyster



16    Creek on  Barnegat Bay, New Jersey.   A  drop  of  22°  F. from



17    59° p. to 37° F., during an  operational  shutdown,  resulted



      in a kill of menhaden, anchovies, bluefish, striped  bass,



19    and herring.



                A conspicuous freshwater  kill  occurred  in  February



21    1971 on the Susquehannah River when a  leak  in  a plant at



22    York Haven, Pennsylvania forced a sudden shutdown.  Tempera-



23    tures dropped from a  high of around 72°  F.  to  about  3#° F.



      within 1  hour.  A tally of dead fish 3 days after the sudden



      outage was about 15,000 game fish.   Fish smaller  than 5 or

-------
 3


 4
 5
 9
 x
10
11
12
13



14



15


16
17
21
23
		564




                          Y. Barber



 6  inches  and  certain rough fish were not tallied.  The inci-



 dence  of  dead fish which  did not  float or were not otherwise



 visible is unknown.



          Two kills were  recorded at Fremont, Ohio on the



 Sandusky  River,  tributary to Lake Erie, in January 196?,



 and in the winter of 1963.  I  do  not have details of these



 kills.



          The records  of  kills due  to winter  shutdown at



 electric  plants  on Lake Michigan  are slow to  appear.  How-



 ever,  I suggest  that this deserves  special investigation



 and close observation  of  plants during winter shutdown.



          Numerous shutdowns without effect are  claimed,



 but assurance that close  examinations were made  at that time



 would  be  most reassuring.  The difficulty of  detecting kills



 is evident.   The incident of huge numbers of  dead fish dis-



 charged to the lake at the Campbell plant without any being
      visible in a  10-20  acre  area  of  open water  is a  case  in point,



19 ;!   Laboratory evidence that recently  dead  fish moving  from hot



      to  cold water will  sink  is  important as is  the short  period
      of daylight,  poor observing conditions,  and ice  cover,  dur-



      ing Lake Michigan winters.   The ability  of predators  and
      scavengers  to  remove  a  large  number  of  dead   fish  from the


OL
    \  surface in  a short  time is also  important,


25
               The  likelihood of kills  when  sudden outage of

-------
                                                               565





                              Y, Barber



     plants occurs on Lake Michigan seems high if we examine



     known lethal temperatures for some Lake Michigan fishes.



     Data indicate that 50 percent kill might be expected as



 5   follows:



 6             1»  Coho salmon acclimated to 41° F. are killed



 7   by a sudden drop of 8° F.



 8             2,  Chinook salmon and ciscoes acclimated to 43°



 9   F, would be killed by an 11° F, decrease.



10             3.  Gizzard shad acclimated to about 50° F. would



11   die from an ±8° F. temperature drop.



12             4.  finerald shiners acclimated to about 54° F.



13   will die following a sudden 22° F. drop.



14             5»  White suckers acclimated to 62° F» would be



15   killed by a drop of about 30° F.



16             I might note that all of these are sudden drops



17   that we talk about, not normal seasonal adjustments over a



     period of several days or weeks.



19             Available data for brook trout and sculpin suggest



20   they might not be affected by a sudden drop in temperature,



21             However, we lack specific data for several important



22   species.  It is probable that such fish as whitefish, brown



     and rainbow trout, spottail shiners, smelt, and alewives



     have temperature change tolerances no greater than those


25
 '   listed above.

-------
                                                               566
 1
 2
 5
 6
 7
 a
10
25
                              Y. Barber
               A review of the temperature rise at some 20 plants
     on the lake (existing and under  construction) suggests that
 4 i  a sudden  outage  in winter could  cause a  fish kill if any of
     several species  of fish were  in  the plume and were acclimated
     to warmed water  of the plume.
               Another source of damage to fish populations from
     the  discharge  of powerplants  is  from entrainment of fish
     fry  and other  weak-swimming organisms into the  plume.
               High velocity jet discharges are dependent on
11   quick entrainment and mixing  with the cooler receiving water.
12 ij            Research at the Great  Lakes Fishery Laboratory has
13 j  shown that  thermal shock  increases the vulnerability of
   11
14   whitefish fry  to predation.   Fry acclimated to  64.4° F.
15 '!   (their preferred temperature  is  62.6° F.)  and given a  1-minute
16 I!   shock exposure at  #4.2°  F.  are significantly more  susceptible
17 |]  to  predation.   The time  of  1-rainute  exposure to this  20°  F.
1$ ;   increase  could occur in  the mixing  jet of probably the Zion
19 •!  plant and many of  the others  as well.
   ! |
20              The  increase  in predation from shock  may be  one
21 :   of the more significant  impacts of the waste  heat  discharge.
22 ,   This shock may not  only  result from temperature but  also
*^    from physical  damage during passage through  a  plant's
^ !   cooling system or while  entrained or from sublethal  doses
      of biocides.  Weak swimmers which are entrained may simply

-------
        	567





                              I. Barber



 2   be displaced by being buoyed to the surface in the warmest



 3   part of a floating plume where chance of attack by predators




     is increased.



 5             Combinations of thermal, chemical, and mechanical



 6   impacts probably would be additive and vulnerability would



 7   increase where one or more impacts coincides with another.




               Effects of sinking plumes on incubating fish




 9   eggs may be especially important.  Of interest is that the



10   sinking plume does not appear to have been recognized as



11   existing in Lake Michigan until the questions were raised



12   in discussions with Argonne Laboratory technicians during



13   a working session of the Lake Michigan Enforcement Conference




14   Technical Committee during the fall of 1970,



15             Research by Argonne and by others has proven the



16   existence of the plumes now, and the Argonne work has shown



17   that even modest-sized thermal plants can cause bottom



     plumes of as much as 2,6° C. over ambient at a distance of



     1,525  meters from the discharge and a difference of 4.0° C,




20   at closer ranges,



21             i might add that what a large plume will do —



22    such as  Zion or  Donald C. Cook — may be an entirely dif-




      ferent and larger matter.



24             Sudden changes  of up to about 4,0° C, in bottom




      temperatures were recorded at  some locations,  Argonne

-------
 •i
 2
 3
 5
   j
 6

 7

 B
12
13
16
21
22
                                                  __ 568


                              I. Barber

      concluded that  hatching of lake  herring  eggs  could be ad-

      vanced 7  days by  the  higher temperatures caused by the

      sinking plumes.  Possible  stimulation of periphyton  growth

      by higher temperatures was also  recognized,

                Recent  research at  the Great Lakes  Fishery Labora-

      tory on the effects of temperature  on the incubation and

      hatching  of the eggs  of whitefish has shown a 136-day
 9 i   incubation period under simulated normal lake conditions.

10 jj             Increase of temperatures by 1,3°,  3.6°  and 7.2°
   i|
11 !   F. every fourth day during the full incubation period
      shortened the incubation to 13^,  134,  and 125 days,

      respectively.
14 ji             Constant addition of 1,8°,  3.6° and 7.2°  F.  over

15 ]   natural temperatures resulted in hatching in 123,  115, and
      86 days, respectively.
17 I             A discussion of the shortening of the incubation
   |i
18 i|   of whitefish eggs is included in Appendix A of the Palisades
   ij
19 P   Environmental Impact Statement by the Atomic Energy Commis-

20    sion»  This indicates a shortening of even 13 days would

      significantly reduce the production of whitefish fry and

      the abundance of whitefish for sometime thereafter.

                Another item of concern is the effect of tempera-

      ture on attainment of sexual maturity and egg viability of


      fishes.

-------
         	.	369




 1                             I,  Barber



 2              Research at the National  Water  Quality Laboratory



 3    of EPA at Duluth has shown that  yellow perch  achieved optimum



 4    gametogenesis and spawning when  exposed to  4.0° C.  for a



 5    period of 1&5-200 days*   Large deviation  from these values



 6    reduced fecundity in terms of production  of viable  eggs,



 7    number of females spawning and the  quality  of the spawn.



      Deviations from the optimum 185  days at 4.0°  G. may affect



 9    males and cause a greater proportion of unfertilized spawn-



10     ngs.



11 j             Perch were among the fish killed  at the Campbell



12    plant and this suggests  that they are attracted from the



13    4.0° C. water where their fecundity may be  affected by



      higher temperatures.



15              An inconspicuous but possibly significant effect



      of increased temperature on fish is in the  increased



17    incidence of disease in  fish at  higher temperatures.


-I rt
±0              A review of the literature shows  clearly  that



 °    elevated temperature plays a vital  role in  incidence and



      severity of infection.  It has been demonstrated that



      higher temperatures drastically  increased the effects of


22
      kidney disease, furunculosis, vibro disease and columnaris


23
      in young salmonids

01

                The effects of temperature and  disease is docu-


25
      mented for a major kill  of perch in Chesapeake Bay, for an

-------
     	570




 1                             I. Barber



 2    incidence of columnaris disease in the Columbia River and



 3  i  in the near obliteration of the sockeye salmon in the

    |i

 4  !  River in 1941.

    i

 5  ii            There already are serious problems with fungal

    i

 6    infections, perhaps in concert with other diseases,  in male

    i

 7  |  brown trout along the Wisconsin shore when the fish enter

    ji

 &  '  warmer shore waters to spawn.  Mortalities of 8& percent in



 9  i,  196# and nearly 100 percent in 1970 were recorded for male



10    brown trout.

    i.

11  I            Heavy fungus, perhaps coincident with bacterial

    M

12    infection, has been noted on spawning browns and rainbows



13  ]••  which enter Michigan streams to spawn.

    i!
    j i

14  i            Kidney lesions have been reported in Lake Michigan



15  |  coho salmon and dead salmon with kidney lesions have been

    j

1°  i  recovered from the lake.  In 1970, kidney disease was



17  ||  reported from 1.33 percent of 273 cohos examined.



1°  ii            Concentration of fishes in plumes may offer oppor-
    , i

1°    tunity for spread of disease from fish more severely



20    infected because of their presence in warm water.



2^  |            The uptake of some pollutants by fish appears to
   , i

22
   ,,  be higher at higher water temperatures.


23  '
   ii            Recent research at the Great Lakes Fishery

   I'
O}  !
   !   Laboratory has shown that lake trout exposed to 0.20 ppb
    I

25
   i   methylmercury accumulated almost twice as much from water

-------
                               Y.  Barber


 2    at 10°  C.  as from water at  5°  C.


 o              Rainbow trout exposed to  similar concentrations


 4    for $ weeks in water at 5%  10°,  and 15°  C.  accumulated $0


 5    percent and 100 percent more at the higher temperatures than


 5    at f>° C.


 7              Temperature may affect  the uptake of other pollu-
   j
 g    tants by fish.  It has been shown that a  correlation exists


 o    between respiration and uptake of DDT by  the mosquito fish.
   i

10    Though  Gambusia are not Lake Michigan fish,  this finding


11    suggests a relationship between temperature and DDT uptake


12    which cannot be ignored in  view of  the high levels of DDT


13    and PGB now occurring in some Lake  Michigan fishes.


14              It is an established fact that  some toxicants


15    are more lethal to fish at  higher temperatures than at


16    lower temperatures.  It has been  suggested that some


17    chemicals used in powerplants may also be more toxic at


l£    higher temperatures.


19              A matter of concern is  the effect of temperature


20    on higher nutrient release  from bottom sediments under


21    anaerobic conditions.  Recent research at the Ann Arbor


22    Fishery Laboratory has confirmed that phosphorus is released


23    at a rate 4 times greater at 77°  F. than at 44° F.


24              Much has been said about  planktonic algae in Lake


      Michigan but we still know far too  little about the effects

-------
                                        	572





 1                             I,  Barber


 2    of temperature on this primary element  of the  aquatic  biota.



                A 1969 report indicates that  within  some  tempera-



 4 !   ture ranges (68° F.  or cooler) a higher temperature stimu-



 5    lated photosynthesis,  but above 68°  F.  further increases



 6    inhibited it.   At high ambient temperatures, a permanent



 7 i   inhibition of photosynthesis occurred for phytoplankton



 &    that had passed through the  powerplant.  During chlorination



 9    all phytoplankton passing through the plant were killed,
   i


10              A study at Turkey  Point,  Florida indicated a

   i

11    decrease in species diversity with  temperatures of  9°  F.



12    above intake and blue-green  algae increased when ambient



13    temperatures were ?S.S° to 82.4° F.



14              Other workers have found  that increased tempera-



1$    ture from a powerplant on the Delaware River resulted  in  a



16    decrease in the total number of phytoplankton  species  but



17    an increase in blue-green algae species.



                In the Susquehannah River, heated water reduced



19    the number of species of algae.



20 j             However, the effects of heated plumes on  the



21 |   productivity of planktonic algae relative to  suppression



^2    of desirable species and blooms of  undesirable forms has



 3 \   not been clearly established.



                The movement of discrete  water masses with each



   !   carrying its own assemblage  of planktonic forms through

-------
    	573
 1                            I, Barber
 2   the  sample area results in complications of the study.  Most
 3   discharge sites are potentially productive areas because of
 4   nutrients released by organisms killed on passage through
 5   the  plant.
 6 j            Entrained algae carried to the surface in the
 7   nutrient-rich, buoyant plumes would appear to be favorable
 o   to increased  growth.
 9             Chlorination may debilitate many of the algal
10   species  and selectively affect the production of desirable
11   or undesirable species.
12             These considerations viewed with respect to evi-
13   dence of periphyton production, to be discussed next, sug-
14  ! gest that net increases may be occurring among populations
1$   of planktonic algae in heated plumes in Lake Michigan.
               The periphyton  communities seem to differ from
17   the  planktonic algae  communities in that they seem to be
     responding  to heated  effluents in a predictable manner.
                Connecticut River  investigations  showed
      similarity  of planktonic  communities above  and below  a
21    heated discharge.  Among  the periphyton,  however,  diatoms
22  '
      dominated samplers above  the discharge  and  blue-greens
      below.  One year after  the plant  began  operation,  numbers
      of organisms in the effluent were 4.3 times as  abundant
25
      as before the discharge when numbers were similar  in  both

-------
     	     	574



                              I. Barber



 2   areas.


 3              Studies at Point Beach  in the  summer of 1971

   I

 4   showed  significantly greater  biomass  at  near  field  stations


 5   than  at far  stations on a temperature difference of only
 J

 6 I'  3.6°  F.  Winter stimulation of periphyton growth by sinking

   I

 7 ;  plumes  could be of  significance and  should be carefully


 8 \  searched for.
   i [
   11
   11

 9              Cleaning  of  condenser tubes in powerplants  to


10 I  remove  biological fouling  is  essential to plant maintenance


11 I  and efficiency. Heat  shock,  chemicals,  and passing mechanical


12 \i   devices through the system have all  been used.
   i!
   ii
13 i             Chemicals are generally the most serious  threat
   i

14 ji   to the  ecology.  Chlorine  as  hypochlorite or gaseous
   i i

15 ii   chlorine is probably the most widely used biocide  in  power-


16 :   plant cooling systems.  Various concentrations are  used


17 !;   and effectiveness  of chloramines  can be hampered by high


1^ |;   BOD or ammonia levels.


19 !;             Unfortunately, all  these forms of chlorine  are

   ' i

20    toxic to aquatic organisms and often at levels below those


21    used in powerplants.


22 !|             During chlorination, all the planktonic
   1 i


2^ i!   organisms, including fish larvae, may be killed in the


^ J!   water passing through the plant while large numbers probably
   i;
oc i!
 ^ H   are affected in the plume.

-------
         	575
                              I. Barber
 2             Long-term exposure of rainbow trout to as little
 3    as  0.05 ppm may be toxic.
 4             Other organisms have extremely low tolerances for
 5    chlorine  on long-term exposure.
 6             Fish kills have resulted from chlorine discharges
 7    into  plume areas where fish were concentrated.  This may
 8    have  been a factor in a  fish kill affecting the intake
 9    screens at the Waukegan  powerplant.
10             Some fish detect and avoid chlorine at concentra-
11    tions as  low  as 0.001 ppm and several  species have been
12    observed  avoiding discharges when chlorine was present.
13    Conversely fish have been observed dying  by thousands
14    immediately after chlorination began.
15             If  chlorination during winter drives fish out of
16    heated areas  to which they are acclimated, the possibility
17    exists that these fish would be killed by low temperature
      shock.
19             Benthic and psammo-littoral  communities may be
      especially hard hit by chlorine residuals  in  sinking plumes
21    which flow over the  bottom.  The  invertebrate  species of
22    these communities appear to be  especially sensitive to
      chlorine.
               Unfortunately, some  power  — excuse me,  I'm  sorry.
      I have got  the wrong word  there*   The invertebrate species

-------
                        	576_


 •,                             I. Barber


 2    of these  communities appear to be especially sensitive to


      biocides.

                Unfortunately, some powerplants appear to use

 5    excessive amounts  of chlorine at times, perhaps because of


 6    inadequate measurement  techniques.

 7              More studies  of  acute and  chronic effects of

      chlorine  are needed.  Preliminary evidence indicates that

 9    sublethal doses of chloramine can cause reduction of egg
   i
10    production in fish and  invertebrates,
   i
11              Gentlemen, in the interest of time,  I will not


12    summarize this long list of problems with once-through

13    cooling at powerplants. Needless to say, the  draft document

14    provided  you contains an elaboration on these  matters and

15    the references for the  information it  contains.  I commend

16    this document to your  careful consideration.   I believe it

17    provides  ample proof of the  significant adverse impact of

1#    once-through cooling on aquatic resources and  of the

19 j   necessity of closed-cycle  cooling for  all the  larger

20 j   powerplants on the shores  of Lake Michigan.

21              MR. MAIO:  Thank you, Mr.  Barber.

22 ji             Do we have any questions or  comments by the


23    conferees?


                Mr. Currie.

                MR. CURRIE:   Yes.

-------
 7
11
12
13
14
15
16
17
19
20
21
22
23
24
25
	577
                         I. Barber
          Mr. Barber, in your report, one of the things which
 is  discussed is the effect, on page 52, on algae.  And I be-
 ] eve you refer to certain tests which find a greater concen-
  raf,ion of blue-green algae in plumes than in the ambient watejr
 a.iC  a greater biomass of algae in the plume than outside.
          Do you view this evidence as impairing the confer-
     ence's earlier finding No.  17 which  was  that  the  residence
     time of algal cells in the  heated plume  from  a  properly
10   designed single 1,000 MW plant  is probably too short  to
 cause any  significant problems?
          MR. BARBER:  On this table over there is my copy
 of those conclusions, and by that item there is a little
 rea  "X" which indicates I did feel here was an item that
 perhaps we have sufficient evidence to warrant some change
 in the conclusion.
           Now, let me clarify this.  We are talking about
 sessile organisms which are resident in an area and are sub-
 jected to  the heat for prolonged periods in the periphyton.
           If we look at the single-celled floating plankton
 organisms  which simply pass through and are carried on out
 of the plume area by water currents, I believe you will find
 this green book concludes that we don't really yet have all
 of the evidence to conclude that there is an increase in
 this.

-------
   	   __ '	    	573
   n
 1                             I.  Barber                           :
 2 '             But when you say algal mass,  yes,  I think we do    j
 3 ;   have an increase in the biomass in the  periphyton communi-
 4 j'   ties subjected to the heat*
   i
 5 ;             I would regard these  two incidents as a very
   I !
 6 ji   strong indication of that.
   I
 7 |             MR. CURRIE:  But this effect  is,  so far as we know
 3 lj   from the evidence that is now before  us,  limited to the
 9 |   attacked forms of algae?                                     i
   II
10 i             MR. BARBER:  I think  there  are  those who might feelj
11 jj   that there is evidence, but  I am not  an algologist and we    j
   !
12 I   concluded that we did not yet have the  information in hand.
   11
13 ;             MR. CURRIE:  Secondly, one  of the conclusions that
14 i!   the Illinois Board reached was  that the area affected by a
   i
15 '   single powerplant, if well designed,  was  likely to be rather
   !i
16 jj   small,  and that,  therefore,  it  might  not  have any very sig-
17    nificant effect on the lake  as  a whole.
                And I gather from  perusing  this report that your
19 l   conclusion might lead to some modification of that position
      which is — and I would like to check with you whether this
^x "'   is an accurate characterization of what you are saying •—
22 '
   :!   that even though the area affected may  be rather small,
   i j
 ^    that because a heated plume  will attract  a substantial
2.L '!
   \   congregation of fish from miles around, the effects which
25
   ji   that plant might have are greater  than  might be expected

-------
    	579





                              Y.  Barber



     from the small amount of the area that is actually affected.



     Is that a fair characterization?




               MR.  BARBERs  Yes,  sir,  I would agree with that.



     I would also point out that--as I did in the statement —



     that &he effects of powerplants are very much in both ends.



     The entrairiiicnt and impingement of fish on the intakes is  a




 8   very vioal part of the picture; it is not just the waste



     discharge which draws the fish where they may be subject to




10   adverse impacts.



11             But a single plant — let's take,  for example, the



12   Zion P. ^nt, whose intakes, if I remember, are somewhere in



13   the 20-plus-foot range, 3,400 c.f.s., if I remember, taken



14   in through the two discharges combined, with intake velocities



15   of 2.4 or 2.5, if I remember correctly, feet per second — I



16   think it is inevitable that under some circumstances that



17   plant could engulf or envelope a  great deal of aquatic life.



                  must recognize that  we do have continual move-



19   ments of currents in these shores in response to wind,




20   temperature, and other factors, and if you happen to have



     a prevailing current that sails by this point for several



22 !  days at a time, this plant will be sampling that current at




 -*   all times.



               If the critical temperature of plumes as, for



     example, for the whitefish, happened to involve those

-------
 7
11
22
23

24
                         Y. Barber

isotherms in the neighborhood of that intake, and at some

point they were to pass that, then the opportunity for

entrainment of very large numbers of fry or larval fish is

certainly there.  And we are not at all convinced, as many

people seem to be, that these areas of Lake Michigan are

really that sterile.  This is a 365-day a year proposition
     that life goes on out there.  These plants work 365 days a

 9 i  year, and these fish and other things live in that lake 365
   i
10 I  days a year.  And while we hate to confess so much ignorance,
the truth is that we don't know where a lot of these fish
12 !j  are, but the more evidence we gather, the better we think

13   we understand that they do use these  shallow areas and they

14 i  do pass through these  zones.                                  !

15 !            A plant sitting there operating full-time inevitabl^

16   gets,  let's say, a crack at them  at some point  in time.

17             MR. CURRIE:  Well, I was somewhat struck by the
   ji
IS I  rather large numbers of fish that you were discussing in each
   11
   i
19 |j  instance  of fish kill at an individual plant that might not
   11
20   have a very large amount of influence if you look simply at

21 j  the acres which are  significantly warmed.
 Currie?
          MR. MAIO:   Do you have  any  further  questions, Mr.
          MR.  CURRIE:   No,  thank you.

          MR.  MAYO:  Any  other  questions  or  comments,

-------
   	     _    	5jSl
   .-..



 -i                              Y. Barber
 x


 2    gentlemen?



 3              MR.  PURDI:   Mr. Chairman,  will Mr.  Barber be



 4    available to the '-onferees as we progress  into  this thermal



 5    question?  There is a great deal of  information here that



 6    has been presented, and I think it would be most valuable



 7    if we had a chance to digest it. and  discuss it  with Mr.



 8    Barber.



 9              MR.  MAYO:  Will you be available the  remainder of



10    the day, Mr. Barber?



11              MR.  BARBER:  I will be here all  day,  sir, and as



12    long as  you need me I will be here.   I  am  accompanied by



13    Mr. Tom  Edsall, who is one of the principal — perhaps the



14    principal author of this paper and who  will assist me in



15    providing you with any answers that  you may need.



16              MR.  PURDY:   I think it would  be  most  valuable and



17    even if  we don't get  at it today, at some  later point in



      time, I  would hope Mr. Barber's people  would  be available



19    to us.



20              in some of the studies cited, has there been any



21    attempt  to asses what effect the, say,  sanitary waste dis-



22    charges  from that particular plant might have and how that



23    might influence  what  is observed within the plume?  In some



      instances, the powerplants have their own  sanitary waste



      disposal system  and treated effluent is discharged into the

-------
     	                           	582


                              Y.  Barber


      plume.


 j \             Would this have  an influence  on what  is,  say,
   !

 ^ "   observed to take place in  the plume with respect  to peri-


 5 i   phyton,  and so forth?


 6              MR.  BARBER:  I am  not  aware of any such evaluation j


 7 ,   of that.  That does not mean they have  not been made.


 g              At most plants that I  am  familiar with,  the  total


 9    volume of discharge from the domestic sewage system is so


10    small,  and the volume of polluting  water with which it is


11    diluted is so  great that I would suspect,  in many cases,


12    it would be difficult to separate the effect of that waste,


13    as nutrient, from the probably much greater supply of


14 'l   nutrient generated by the  kill of the microscopic and  the


15    small organisms passing through  the plant.


16              MR.  MAYO:  Any other questions,  gentlemen?


17              Mr.  Barber, if you would  leave a copy of your


13    remarks with Mr. Pratt, we will  arrange to have them copied


19    as quickly as  possible and have  copies  made available  to the


20    conferees and  the press and  other interested parties as


21    quickly as we  can.


22 ;             MR.  BARBER:  All right, sir.   I would like to say


23    that this is a rather rough  marked-up copy that I am using


2^ ,   and there are  two or three little errors I wish to correct.


 '              MR.  MAYO:  Some  of us  are rather rough,  marked-up

-------
 1 [                           R, Catlin


 2   conferees]  (Laughter)


 3             MR. BRYSON:  The next Federal agency that has


 4   requested an opportunity to speak to the conferees is Mr,


 5   Robert J, Catlin of the U.S. Atomic Energy Commission,


 6   Washington, D.C.


 7

 &             STATEMENT OF ROBERT J. CATLIN, DIRECTOR,


 9                DIVISION OF ENVIRONMENTAL  AFFAIRS,

10                  U.S.  ATOMIC  ENERGY  COMMISSION,


11                        WASHINGTON, D.  C.

12


13             MR. CATLIN:  Mr. Chairman, conferees, ladies and

14   gentlemen,
   i
15             My name is Robert Catlin.  I am the Director of

16   the Division of Environmental Affairs of the U.S. Atomic

17   Energy Commission, and I am accompanied here today by Mr.

     Walter Belter, also of the Division of Environmental Affairs.

19             We appreciate the opportunity to present a state~


20   ment at this, the Fourth Session of the Lake Michigan


     Enforcement Conference,


22             At the Third Session of the conference held in


23   May 1971 —

               MR. MAYO:  Excuse me, Mr. Catlin,


               I have a request to make to the press.  If the

-------
                              R. Catlin



     lights currently aren't in use, would it be possible for



     them to be turned off?  They are quite uncomfortable.  We



     are more than pleased to have them on when they are being



 5   used for camera work; we have no objection at all.  But



 6   when they are not being used, it is quite an eye strain.




 7             Thank you very much.



               MR. CATLIN:  At the Third Session of the conference



     held in May  1971, Mr. Enrico Conti presented a statement on



10   behalf of the Atomic Energy Commission in connection with



11   its developmental responsibility concerning the report of



12   the conference's Technical Committee on Thermal Discharges



13   to Lake Michigan dated January  29, 197L  It will be my



14   purpose to update that presentation.



1$             In so doing, I will make certain observations on



16   the activities  conducted pursuant to the AEC's regulatory



17   authority during this last year.  I do not purport to  speak



      for the regulatory  arm of the  Commission since, under  the



      statute, their  regulatory role  is separate and apart from



20 |  the developmental and research  role of the Commission  which



21    I represent. Moreover,  decisions in  several Lake Michigan



22 [   licensing actions are presently pending  in the regulatory



      process.   Since the Commission may be the final arbiter of



      these cases, my remarks  —  in total — will  review present



      activities  rather than present  a statement of policy on the

-------
   	535




 1                             R.  Catlin



 2    part of the Commission or its staff.



 3              At the risk of intrusion  into  the legal  field,  I



 4    will briefly review several  developments that  relate  to the



 5    subject of this conference on thermal  water quality standards^



 6    They relate to the role of the AEG  —  through  its  regulatory



 7    branch — in its address to  specific nuclear licensing



 8    actions affecting the Great  Lakes,  and will serve  to  put  in



 9    context the environmental statements that  have become avail-



10    able on Lake Michigan plants.



11              On July 23, 1971,  the U.S. Court of  Appeals for the



12    District of Columbia Circuit rendered  its  decision in Calvert



13    Cliffs Coordinating Committee, lac, .v.a...  Atomic Energy



14  I  Commission.  This decision was principally directed toward



15    an interpretation of the scope of the  National Environmental



16    Policy Act and the AEC's responsibilities  related  to  the



17    implementation of this Act.



13              On September 9, 1971> in  response to the Court's



!9  I  conclusions, the AEG issued  an amendment to Part 50,  Appendix



      D, of its regulations.  A copy of the  revised  Appendix  D



      regulations is enclosed to my statement  for inclusion in



22    the record of this hearing.



2 3              (The document above referred to  follows  in  its



      entirety, and is identified  as Enclosure 1.)
    i

25

-------
                  PART 50   -  LICENSING  OF  PRODUCTION  AJSu  ,  il. i/.All ON  "W!' I i , ,-
   (As  revised  September  9,
  1971—includes  correction
  of  September  21,  1971,  and
  further  amendments  of  Sep-
  tember  30,   1971)
    APPENDIX  D-—INTERIM  STATEMENT OF  GEN-
      ERAL POLICY AND PROCEDURE- IMPLEMENTA-
      TION  OF THE  NATIONAL  ENVIRONMENTAL
      POLICY ACT OF  1969  (PUBLIC LAW  91-190)
                  INTRODUCTION
      On July 23, 1971, the U.S Court of Appeals
    for the District of Columbia Circuit rendered
    Its decision  in Calvert Cliffs' Coordinating
    Committee,  Inc ,  et  al.  v.  United  States
    Atomic Energy Commission, et al , Nos. 24,839
    and 24,871, holding that Atomic Energy Com-
    mission regulations for the implementation
    of the National Environmental Policy Act of
    1969 (NEPA) in  AEG  licensing  proceedings
    did not comply In several  specified  respects
^7  with the dictates of that Act, and remanding
o  the  proceedings to the Commission  for rule
00  making consistent with the court's  opinion,
~~    The Court of Appeals' decision required, in
*  summary, that the Commission's rui^s make
    provision  for the  following -
0    1. Independent substantive review of en-
M  vironmental matters in uncontested as well
    as contested cases by presiding Atomic Safety
    and Licensing Boards
      2. Consideration of  NEPA environmental
    issues in connection with all  nurlear power
    reactor  licensing  actions  which  took place
    after January i,  1970  (the  effective date of
    NEPA)
      3 Independent evaluation and  balancing
    of certain environmental  factors,  surh  PS
    thermal  effects,  notwithstanding the  fact
    that other Federal or State  agencies  have
    already  certified  that their  own  environ-
    mental  standards  are  satisfied by the  pro-
    posed  Met-  ing action  In  each individual
    case, the  benefits  of  the  licensing action
    must  be assessed  and weighed  against en-
    vironmental  co^ts; and   alternatives  must
be considered which would (.JKL'L tae  Bal-
ancing of valxies
  4  NEPA  review,  and appropriate  i."ti-.n
after  such revlev., for construction permits
issued prior to January  1,  1970, iu  ear.es
where an operating license has not  a& yet
been  issued The court's opinion  also states
that,  in  order that  thi-3 rc-^lr--v be as effec-
tive as possible,  the Commission should con-
Mdf-r  the requirement of  a temporary  halt
i)i construction  pp-iding its revl^iA  and the
biickfitiing  of tf-Lhiiolo^u',11 inmnalions
  As summary background, trie National En-
vironmental FoMrv  Act of  1909  (Public  Law
91-190)  becaiuo <>:1er 11 '>r ex-
ercising  AEC responsibilities  under  the Act
in its licensing  proceedings iH5 FR  5463).
Substantial  aiaendnients   U>  At prndix  D
were published on December 4, 1970 (35 F R.
18469), and further miner amendments on
July 7, 1971 (36 PR 12731).
  The amendments to  Appendix D  issued
herewith  ha\e be^n  adopted by  the Com-
mission to ina^p Interim changes  in its reg-
ulations   for  implementation  of  NFPA  in
AEC  licensing  proceedings in light, of the
Court of  Appeals' t'ecM^ion
  A Basic prGcrdiiit"!  1  Caeh applicant1 for
a permit to cotistrnct a nuclear power reac-
tor,   testing facility,  or  fuel  reprocessing"
plant, or such other production  or utiliza-
tion   facility whose  construction  or  opera-
tion may be determined by the Commission
to have a significant impact on  the environ-
ment, shall submit with Ms application three
hundred   (300) copies, in the case of a nu-
clear  power reactor, testing facility,  or  fuel
reprocessing plant,  or  two hundred  (200)
copies, !n the  case  of such  other  produc
tion or utilization facility,  of a separate doc-
ument, entitled "Applicant's Environmental
Report-—Construction.  Permit Stage,"  which
discusses  the  following environmental con-
siderations
   (a) The emirmimental  Impact  of  the
proposed  action,
  (b)  Any adverse  emlronmental   effects
which cannot be avoided should the propoep-1
be implemented,
  (c)   Alternatives to the proposed action,
  (d)  The relationship between local  short-
term  uses of man's environment and  the
maintenance and enhancement of long-term
productivity, and
  (e)   Any irreversible and irretrievable com-
mitments of resources which would. l>e in-
volved in th*» proposed action should it be
implemented
  2.  The  discussion  of  alternatues  to the
proposed action  in the Environmental Report
required by patf-graph 1 shall be sufficiently
complete to aid  tb*1  Pom r; listen m develop-
ing and  exploring, pursuant to spction 1O2
(2) (D) of the National Environmental Policy
Act, "appropriate alternatives • * *  in any
proposal which  involves xnmssiMw^i conflicts
concerning  alternative  u,-->es  of  available
resources "
  3. The  Environmental Report required by
paragraph  1  s'vall  iiu lude  a  COPt-benefit
analysis  which  considers  and balances the
environmental  effects  of  the  facility  and
the alternative ^vaiiab'f   f->-  i educing  or
avoiding  adverse envlroni-iejital  efferrts,  as
well  as the env tro'.in.i'ntal, e-K/uo^jJc, tech-
nical  and other benefits of the facility  The
cost-beiiefH  a ia]y; is  sh**!l, to tho   fullest

  1 Where the "applicant", as used in  this
appendix, is a Federal  agency,  different ar-
rangements for  Implementing th*> National
Environmental Policy Ac\ may be made, pt*r-
suant to  the  guidelines established  by the
Council  on Knvironrorutftl Quality.
< A *   i pun u. <*.!,:.*  -_u<'.ii!ity  Uie various fac-
r,-r i   i. - M UifTfNl  'f o  1 ne extent  that  such
i,.   ">  tann a ! o  juaiit'iijPd,  they  shall be
diccu ^T''t in  iiitti'    -P tx?rmK  The Envlron-
nu'iit i.'  K«'pMt  -O.M     • tain sufficient data
t-( n,,nis- u .  -, its development of
aii independent c-x^t-benefit analysis cover-
irg the factors specified in this paragraph
   4  Hie Environmental Report required by
par'\gra})h  1 phall include a  discussion of
tlit* st it us nt C'Miiphanoc of the facility with
apjJu aMf:  em iron mental quality standards
and  requireme'its  fit eluding, but not limited
to Jiorin.i] .tnd <. itwr water quality standards
pr'ntiul^iirel uit it-i t'u-  ^edei.J  Vivt^r  Pol-
liiLJon Conrrcu Ai ?) whK h nave beoi, imposed
by Federal, Stare,  and reiiional agencies hav-
ing reF-p^nsibil'f v  for en\ iroriment^' protec-
tU'ii  In addiLio.,,  ('.V p'i\ iionineiital impact
of the  fac'lity  -hail be fully discussed with
respect  to matters covered by such standards
and  requirement*,  irrespective of  whether a
certification  from the appropriate authority
has  been obtained (including, but  not  lim-
ited  to, any  certification obtained pursuant
to section  21 (n)  of the Federal Water  Pol-
lution Control  Act-). Such  discussion  shall
bt3 refltHUed. In  the cost benefit analysis  pre-
scribed  in paragraph 3 While satisfaction of
AEG  standards and criteria pertaining to
radiological effects will be necessary to meet
tho  licensing requirements  of the  Atomic
Energy  Act, the  cost-benefit  analysis  pre-
scribed  in paragraph 3 shall, for the purposes
of the  National  Environmental  Policy  Act,
consider the radiological effects,  together
with the thermal effects and the other en-
vironmental  effects, of the facility
   5  Each applicant for a license to operate a
production or utilization facility described in
paragraph  1, shall submit with his applica-
tion three hundred (300) copies, in the case
of a  nuclear power reactor,  testing facility,
or fuel  reprocessing  plant, or two  hundred
(200) copies, in the  case of any  other  pro-
duction or  utilization facility described In
paragraph  1, of a separate document, to be
entitled "Applicant's  Environmental  Re-
port--Operating   License   Stage,"   which
discusses the same environmental considera-
tions described  in paragraphs 1-4, but only to
the  extent that they differ  from those dis-
cussed  in  the  Applicant's  Environmental
Report  previously  submitted in accordance*
with paragraph 1  The "Applicant's Environ-
mental   Report -  Operating  License Stage"
may  incorporate  by reference any informa-
tion  contained In  the Applicant's Environ-
mental   Report   previously   submitted  In
accoi dance  with  paragraph  1. With respect
to the  operation of nuclear power  reactors,
the  applicant,  unless otherwise required by
the  r >mmlsstoii,  shall submit the  "Appli-
cant's   Environmental   Report—Operating
I,'cense Stage" only in connection with the
first   11 reusing  action that would authorize
full-power operation of  the  facility,5 except
that  such report shall be submitted in con-
nection with the conversion  of a provisional
operating license to a full-term license.
   6  After receipt of any Applicant's Environ-
mental  Report  the Director of Regulation
or bis designee will cause to be published in
the  FFUERAL  REMOTER a  summary notice of
the a\ ^liability of the report, and the report
will  be  placed In the AEC's Public Document
Rooms  at  1717  H  StreH I*W .  Washington,
IX',  and In the virlnlty of the proposed  site,
and  will be made available to the public at
  aNo p«a-mlt or license  will,  of  r,.urse, be
Issued with respeot to an activity 'or which
a certification required by  section 21 (b) of
the Federal Water Pollution Control Act haa
j-ot been obtained.
  'This report is  In  addition  to  the  report
reqair^d at the construction permit stage.
                                                                                                            October  15,  1971
                                                                  16 Id

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                  PAKT
                                    !CtNSiN(,  OF  FKoDUC'nON AND  UTILIZATION  FACILITIES
the appropriate State,  reglon&l,  «*u< i>»^Uv>
politan clearinghouses.' In addition, a pi,i,'lo
announcement of the availability of tat re-
port will be made. Any comments by irnar-
estca persons on the report will be coru^ j««d
by the  Commission's regulatory staff,  uud
there will be further opportunity for public
comment 111 accordance  with paragraph 7.
The Director of Regulation or  his debigiHxi
will analyze the  report and prep^it- a draft
detailed statement  of environmental con-
siderations. The draft detailed statement will
contain  an  assessment  of the matters speci-
fied In  paragraph  1;  a preliminary COM
benefit analysis based on the factors speclflei
In paragraph 3; and an analysis, pursuant to
section 102(2) (D) of the National Environ-
ments.! Policy Act, of appropriate alternatives
to the proposed licensing action  in  any  case
which Involves unresol"td conflicts concern-
Ing alternative  ir-s of available resources
(I.e., an  analysis o- iltematlves which would
alter the environmental impact and the cost-
beneflt balance). The Commission will then
transmit a copy of the report and of the draft
detailed  statement to such Federal agencies
designated by the Council on Environmental
Quality  as  having  "Jurisdiction  by law or
special expertise with respect to any environ-
mental Impact Involved" or  as "authorized to
develop  and enforce environmental stand-
ards" as the Commission  determines are ap-
propriate,' and to the Governor or .appropri-
ate Btate and local officials, who  are author-
ized to  develop and enforce environmental
standards, of any affected State  The trans-
mlttal will  request  comment on the report
and the draft  detailed  statement within
forty-flve (46)  days  In the case of Federal
agencies  and seventy-five (76)  days in the
case of  State and local  officials, or within
such  longer time as the Commission may
deem appropriate.  (In accordance with 5 2.101
(b) of Part  2, the Commission will also send
a copy of the  application  to the Governor
or other appropriate official of the State In
which the facility la to be located  and  will
publish  In the  FEDERAL REGISTER a notice of
receipt of the application,  stating the pur-
pose  of  the application and specifying the
location  at  which the proposed activity  will
be conducted.) Comments on an "Applicant's
Environmental  Report—Operating  License
Stage" and  on  the draft  detailed statement
prepared In connection therewith will be re-
quested  only as  to environmental matters
that differ from those previously considered
at the construction permit stage  If any such
Federal agency or State or  local  official fails
to provide the Commission with comments
within the time specified by the Commission,
  «Su3li  clearinghouses  have  been estab-
lished pursuant to Office of Management and
Budget Circular A-95 to provide liaison and
coordination  between  Federal  and  State,
regional or local  agencies with  respect to
Federal  programs. The documents will be
made available at  appropriate State, regional
and metropolitan clearinghouses only with
respect to proceedings in which the  draft
detailed  statement   Is   circulated   after
June  30,  1971,  In  accordance  with the
"Guidelines on Statements on Proposed Fed-
eral Actlonu Affecting the Environment" of
the Council on Environmental Quality (38
F.B. 7724).
  • Requests  for  comments  on  Environ-
mental Reports and draft detailed statements
from the Environmental Protection Agency
will Include a request for comments with re-
spect to  water  quality aspects of the pro-
posed action for which  a certification pursu-
ant to  section  21 (b) of  the Federal  Water
Pollution Control Act has been Issued, and
with n«i>«ot to aspect* of the proposed action
to  which section 900 of the Clean Air Act to
•HptiMbt*.
1*  will tic j i.-.M.mea thai the «£em'y „>  >ff,cl«J
h«vS  i.o ,.\>nauent  U. make, miles*.  ", specific
extension of time  has  been requested
  7  in addition, upon preparation v>f & draft
deWI-xI st&teuitiiit,  the  Comml.'wti/i;  win
cause to to ijubllsheti  ii* the FETJERM Peuis-
TER a aumnituy notice of the availability of
the  Appik-nit's Environmental Report and
the draft detailed statement  Thtj  summary
notice to be , ublished  pmauant to '.hi;;  para-
graph  w'.U icquest, within seventy-five (76)
days '^\  such lunger r/rn 'd Ui the Commission
may determine tu rx-  practli,a^ie  oommetit
srom UitoiebU".  ^.-i,v>:5  on the  proposed
action oiid on the  draft statement Trie  sum-
mary notice will also contain a statement to
the  effect that the comments  "tf Federal
agencies and State and local officials thereon
will be available when received •
  8  After receipt ol  the comments requested
pursuant 10 paragraphs H and 7. the Dheotur
of Regulation  or  his  dcr.lgnee  will prepaie
a final  detailed statement  on the  environ -
mental  considerations  apeclned in phrft^r^pn
1, including a discussion of problems (rid ob-
jectioiis raised by Federal, State, and  local
agencies or officials and private organization:
and  indr'l.l'ials H  >^l i.h" .>• -),... ",:ui> :,i i-re.rf
The  deta'-^d statement wl't  .ontol.i a Ha.iz
cost-benefit  R^vlysls  which  ror.Mflens  anri
balances the  environmental  ef the
facility and the altern'it: v?n avalle'M? /or re-
ducing 01 avoiding adverse environmental ef-
fects, as well as tLe cnviionruentai, e^onord",
technical, and  other benrnts of tbs facility.
The  cost-benefit analyst will, to the lullest
extent practicable, quantify the vrrSo-Js fac-
tors  considered. To the extent that such fac-
tors  cannot be quantified, they will be dis-
cussed  in qualitative  terms. In the case of
any  proposed licensing action ihat involves
unresolved conflicts concerning alternative
uses  of available  resources,  the   Detailed
Statement will  contain an analysis,  pursuant
to section  102(2) (D) of the National Envi-
ronmental Policy Act,  of alternatives to the
proposed licensing action which would alter
the  environmental  Impact  and  the  cost-
benefit  balance. Conr-pllancc of facility con-
struction  or operation  with  environmental
quality  standards and  recjulrements (includ-
ing,  but not limited to, thermal and  other
water quahtj standards promulgated  under
the  Federal  Water  Pollution  Control  Act)
which  have been Imposed by Federal,  State
and  regional agencies  having  responsibility
for enviroiu-uertal  protection will receive due
consideration In addition, the environmental
impact  of the  facility will be con^lde^^u in
the  cost-benefit  analysis with  respect to
matters covered by  ouch stanrfurds ana re-
quirements, Irrespective of wher.htv y. certi-
fication from the  appropriate autriurlty has
been obtained (including, but not limited to,
any  certification obtained pursuant to sec-
tion 21 (b)  of  the Federal  Water  Pollution
Control Act' ). While satisfaction  of AEC
standards and criteria pstr ,',-L! >;i penult  With respect  to the opera-
 tion of nuclear power reactors,  It is expected
 that In most cases the detailed statement will
 be p  epared only in connection with the first
 licensing action that authorizes full-power
 operation of  t^.e facility,8 except that such
 a detailed statement  will be  prepared in con-
 reci.iui  with the conversion of a provisional
  ipti atir.g license to a tall-term license
  o  The Commission will  transmit to  the
 Oc ut'Ci' on Environmental Quality copies of
 >ui ,-„> -n Applicant's Environmental Report,
 •;h) «tt.:r> draft detailed  statement,  (c) com-
 •Tu-uLu uiereoa received  from Federal, State,
 <*nd local agencies and  officials and private
 organizations and individuals,  and (d)  each
 detailed  statement  prepared  pursuant to
 paragraph 8. Copies of such  report, draft
 statements,  comments  and statements  will
 be made available to the public as provided
 in this appendix and as provided in 10 CFR
 Part.  9 * and will accompany the application
 through, and will be  considered in, the Com-
 mission's review processes. After each detailed
 statement becomes available, a notice of Its
 availability will be published In the FEDERAL
 REGISTER, and copies will be made available
 to appropriate Federal, State and local agen-
 cies and State,  regional, and  metropolitan
 clearinghouses.'  To   the  maximum extent
 practicable, no construction permit or operat-
 ing license in connection with which a de-
 tailed statement Is required by paragraph 8
 will be  issued until  ninety (90) days after
 the draft detailed statement so required has
 beon  circulated  for  comment,  furnished to
 the Council on Environmental Quality,  and
 made available to the public, 'and until thirty
 (30)  days after the  final detailed statement
 therefor  has been  made available  to  the
 Council and the public  If the  final detailed
 statement Is filed within ninety  (90t  days
 after ft diaft statement has been circulated
 for comment, furnished to  the Council  and
 made available to the public, the thirty (30)
 day period and ninety  (90)  day period may
 run concurrently  to the extent that  they
 overlap  In addition,  to  the maximum extent
 practicable, the final detailed statement  will
 be publicly available  at least thirty (30) days
 bel'ore  the commencement of  any related
 evidentiary hearing  that  may  be held.
  10. Irx  a proceeding for the  issuance of a
 construction  permit  or  an operating license
 for a production or  utilization facility de-
 scribed In paragraph 1 in which H hearing is
 held, the Applicant's Environmental Report,
 comments thereon,  and the detailed state-
 ment will be offered in  evidence. Any party
 to the  proceeding may  take a position  and
 offer  evidence on  environmental aspects of
   8 This statement is In addition to the state-
 ment  pi epared at the  construction  permit
 stage
   • 10  CFR Part 9 Implements the Freedom
 of Information Act,  section S51 of title 6 of
 the  United States Code-.
     October  15,   1971
                                                                    163e

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                     PART  30   -  LICENSING  OF  PRODUCTT<:r:
the propoeed licensing action in accordance
with the provisions of Subpart G of 10 CFR
Part 2.
  11. In  » proceeding for  the  twuanee of a
construction permit for a production or uti-
lization  facility  described  In  paragraph  1,
and in a proceeding for the issuance of an
operating license In which a hearing is held
and  matters covered by  this  appendix are
In Issue,  the Atomic Safety  and  Licensing
Board  will  (a)  determine  whether the  re-
quirements of  section 102(2)  (C) and (D)
of the National  Environmental Policy Act
and this appendix  iiave been  complied with
in the  proceeding, (b) decide any matters in
controversy among  the parties,  (c)  deter-
mine, In  uncontested proceedings, whether
the NEPA review conducted by the Commis-
sion's regulatory staff has been adequate, and
(d) Independently consider the final balance
among conflicting  factors contained  In the
record  of the proceeding for the permit or
license with a  view to determining the ap-
propriate action  to  be taken.
  The  Atomic  Safety and Licensing  3oard,
on the basis of Its  conclusions on the above
matters,  shau determine whether the permit
or license should be  granted, denied,  or ap-
propriately  conditioned  to protect environ-
mental values  The  Atomic Safety and  Ll-
c°nslng Board's initial decision  will Include
findings  and conclusions  which may affirm
or modify tbe contents of the detailed state-
ment described In  paragraph 8  To the ex-
tent that findings  and conclusions different
from those  In  the detailed  statement  are
reached,  the detailed  statement shall  be
deemed modified to that extent and, as modi-
fled, transmitted to the Council  on Environ-
mental Quality and made available  to the
public pursuant to paragraph 9  If the Com-
mission or the Atomic Safety ana Licensing
Appeal Board, In a decision on review of the
Initial decision, reaches conclusions different
from the Atomic Safety and Licensing Board
with respect to  environmental  aspects, the
detailed  statement shall be deemed modified
to that extent  and, as modified,  transmitted
to the Council  on  Environmental Quality
and made available  to the public pursuant
to paragraph 9.
   18  The   Atomic   Safety  and  Licensing
Board, during  the  course  of the hearing on
an application for a license to operate a pro-
duction  or utilization  facility  described In
paragraph  1, may  authorize,  pursuant to
f 60.57(c), the  loading of nuclear fuel in the
reactor core and 1 imlted operatlon  *!tliln
the  scope  of  5 60 67 (c),  upon  compliance
with  the  procedures  described  therein.
Where any party to the proceeding opposes
euch authorization 011 the basis of matters
covered  by this  appendix, the provisions of
paragraph 11 shall apply In regard  to the
Atomic Safety and  Licensing Board's deter-
mination  of such matters  Any license  so
Issued will be without  prejudice to  subse-
quent licensing action which  may be taken
bv the Commission  with  regarrt to the en-
vironmental aspects  of the facility, and eny
license issued  will tie conditioned to  that
effect
   13  The Commission will incorporate In all
construction permits and  operating licenses
for production  and utilization facilities  de-
scribed iu paragraph 1. a rendition, In addi-
tion to any conditions Imposed  pursuant to
paragraph jl, to U":e effevt that, uie licensee
shal! pr*erve such standards and require-
ments for trie prdX'CtJon of the environment
as are salldly imposed pursuant  to authority
established  under  Fvdeial  and State law
and as are determined by the Commission to
be applicable to the facility  that is subject
to the  HceiiSlTig a *Adr»  Involved  This con-
dition will not apply to radiological  effects
«*nc* r*dkri<«*c*l  affects  are  *MU vfttli in
«rth«  provisions of tb« construction  p*nealt
*s4 operating license
   14  The Cornmissioi- hat, de-term lued Ctaa
the following activities subject to materials
licensing may also significantly affect  the
quality of the environment. " (ft) Licenses
for possession and use of special nuclear ma-
terial  for process! rig  and  fu^l  fabrication,
scrap  recovery and conversion of  uranium
hexaffuoride;  (b)  licenses for possession and
use of source material for uranium milling
and production (4 uranium hexafiuoride, and
 (c)  licenses authorising commercial radio-
active waste disposal  fry land burial  Appli-
cants fe context may  >i\.  -rwlse  require,
procedures and  measures  sin'liar  to  those
described In Sections A, B  D, und E  of this
appendix will be followed  Mi prcw^edinps for
the Issuance of si- pr^ediires
and measures to oe followed with respect- to
materials licenses will, of  course, reflect  the
fact that, unlike the licensing of production
and utilization  far ill ties,  the licensing  of
materials does not require  separate authori-
zations for construction and operation  Ordi-
narily, therefore, there will be only one Ap-
plicant's Environmental Report required and
only one detailed bxatemeut prepared in con-
nection with an application for a materials
license  If a propoeed  subsequent licensing
action involves environmental  considerations
which  differ  significantly  from  those dis-
cussed in the Environmental Report filed and
the  detailed statement previously  prepared
In connection with the  original  licensing
action, a supplementary  detailed  statement
will be prepared. In a proceeding for the Is-
suance of a materials license within the pur-
view  of this  paragraph where the require-
ments of paragraphs 1-9 have not as yet been
met,  the activity for  which  the  license Is
sought may be authorized with appropriate
limitations, upon a showing that Uie conduct
of the activity, so  limited,  will not have  a
significant, adverse  Impact on the quality of
the environment  In addition, the Commis-
sion recognizes that theie uiay be other cir-
cumstances where, coruslsU,nt with appropri-
ate regard for environmental values, the con-
duct of such activities may be warranted dur-
ing the period ol the ongoing NEPA environ-
 mental  review Accordingly, the activity for
which the license is sought may be author-
ized with appropriate limitations after con-
sideration  and  balancing  of  the  factors
described below  Provided,  howevi'r. That
such  activity may  not be  authorized for  a
 period in excess of  four  (4)  months except
 upon  specific  prior appiovai of  the  Com-
 mission Such approval will be ex tend*-d only
 for good cause shown
   (a) Whether K  is likely tnat the activity
 conducted during the  prospective  review
 period will give rise to a significant, adverse
 impact on the environment,,  the nature and
 extent of such Impact,  if any, and whether
 ledress of any such adverse  environmental
 impact  can reasonably  be effected  should
 modification f the license re-
 sult  from  the ongolrif NEPA  environmental
 review
   (b1 Whether the activity i'i inducted dur-
 ing Uie piospeeuve review ptnod would fore-
 close subsequent, adoption of  alteinaUves In
 the conduct of the activity of the type that
 could result from Uie ongoing NEPA environ-
 mental review.
   (c) The effect o' deJAy lu  iii«» conduct cf
 the  activity  upon the public Interest. Of
   "Additional activities subject to materials
 U con King may be determined to significantly
 *ff«ct tH* quality of tb* eDvtronmeat goA
 thus be subject to the provision* ,nder  this criterion ar«
 the nettfti t*> txe staved by the conduct of tb«
 activity,  the   availabiLty   of   alternative
•sources  If  any,  to  mert those  necxls on  a
 timely basis; and delay  costs to  the licensee
 and to consumers
  Any license so Lssued will be without prej-
 udice to subsequent licensing action which
 may be  taken bv the Commission with re-
 gard  to the  em Ironmental  aspects  of  the
 activity, arid any license issued will be  con-
 ditioned to that effect
  B Procedure!-  f >r 7r»ieic of certain licenses
 to construct or operate production en utiliza-
 tion facilities and certain licenses for source
 material, rpecial nuclear material and  by-
 proditCt  vtatenat innued  (n  the  period Jan-
 uary i 1970— September *, 19*1
              1  All holders of (A) construc-
 tion permits  or operating  licenses for  pro-
 duction  or  utilisation facilities  of the  type
 described In section A 1,  (b) licensee for pos-
 session and use of special  nuclear material
 for processing  and fuel fabrication,  scrap
 recovery and  conversion of  uranium hexa-
 fluorlde  !c) licenses for possession  and use
 of source material for uranium  milling and
production of uranium hexafluorlde, and  (d)
 licenses  authorizing commercial  radioactive
 waste disposal by land burial. Issued during
 the period  January 1, 1970—
September tvitflj            •&*;! submit,
 «s soon as possible, tout  no later than (sixty
 <«o) days after,September 9r 1&71
              or ruch later date as may be
 approved by the Commission upon good cause
 shown, the  appropriate  number  of copies of
 an Environmental Report as specified In sec-
 tion A 1-5.
  If an Environmental Report had been sub-
 mitted prior to  the Issuance of  the permit
 or license, a supplement to that report, cover-
 ing the  matters described  in section A  1-5
 to the extent  not previously covered; may be
 submitted In lieu of  a  new Environmental
 Report
  2. After receipt of any Environmental  Re-
 port or any supplement to an Environmental
 Report submitted pursuant  to paragraph  1
 of  this  section, the procedures  set out in
 section A 6-9  will be followed,  except  that
 comments will  be requested, and must be
 received, within thirty (30) days from Federal
 agencies, State  and local officials and inter-
 ested persons on Envlronmetal Reports and
 draft detailed  statements  If no  comments
 are submitted  within thirty (3O) days by
 such agencies, officials, or persona, It will be
 presumed that such agencies, officials or per-
 sons have i!O comments to make. The detailed
 statement  (or supplemental detailed state-
 ment,  as appropriate)  prepared by the Direc-
 tor of Regulation or his designee pursuant to
 section A 8  mill, on the  basis of the analyses
 and evaluations described therein, include  a
 conclusion  by the Director oT Regulation or
 his designee as  to whether, after weighing
 the environmental, economic, technical and
 other  benefits against environmental costs
 and considering  available  alternatives,  the
 action called  for is continuation, modifica-
 tion or termination of the  permit or license
 or  Ita appropriate conditioning  to protect
 environmental values
  3. Upon preparation of  a detailed state-
 ment or supplemental detailed statement as
 specified in section A 8  and paragraph  2 of
 this Ejection B,  the Director of  Regulation
 will, in  the case of a  construction  permit
 for a nuclear power or test reactor or a fuel
 reprocessing plant,  publish  In the  FEDERAL
REGISTEE a notice of hearing, In  accordance
 with f 2 703 of  this chapter, on  NEPA envi-
 ronmental Issues as defined in section All,
 which hearing notice may be Included In the
 notice required by paragraph 2. Upon prepa-
 rftOoc at * (ftvteUwl staUmeat or Mppfemea-
 t*l detailed statement M specified to Motto*
 A 8 and paragraph  3  of this section B for
                                                                                                                October  15,  1971

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                   PART  50   -  LICENSING  JF   PR.'JOCfION AND  UTILIZATION  FACILITIES
any other permit or license  for a facility if
a typa described In section A.I, the nir»c'or
of  Regulation  will publish a  notlix In  Uie
VEKLRAI.  BEOISTKS, whicb  may be U.eludt-rt
In the notice required by paragraph 2, setting
form t-.'f, or Sis  deslgnee's, conclusion  as to
whether, after weighing the environmental,
economic,  technical  and  other  benefits
against environmental costs and considering
a' allable alternatives, the action called  for
Is continuation, modification or termination
of  the permit or license, or appropriate con-
ditioning  to  protect environmental values
and providing that, within thirty (30)  days
from the date of publication  of the notice.
the holder of the permit or  license may  file
a request for a hearing and any peison whose
interest  may be affected by the proceed!i ~
may, In accordance with § 2714 ot this chap-
ter, file a petition for leave to  Intc-rvene and
request a hearing In any  hearing : eM pur-
suant to this  paragraph,  .he  pr< -Ifions of
sections  A 10 ar 1 -I will apply.   I.'  Com-
mission  or the presiding Atomic Surety and
Licensing  Board, as  appropriate, may pre-
scribe the tiros within which proceedings, or
airy portions thereof, conducted pursuant to
this paragraph will be completed.

  C. Procedures for  review of certain  con-
struction permits for production or utilisa-
tion facilities issued -prior to January 1,  19?0,
tor  uhicti operating  licenses  or  notice  of
npp^rtuniti}  for  hearing on  the operating
license application have not been  issued.

  1. Each holder of a  permit  to construct
a production  or utilization  facility  of the
type described In section A1 issued  prior
to January 1,  1970, for which neither  an
operating license nor a notice of opportunity
for  hearing on the operating license appllca-
tlon had been  issued prior to  September 9,
1971,  shall submit the  appropriate  number
of  copies  of  an  environmental  report  as
specified  in sections A.1-4  of this Appendix
is soon as possible, but no later than  sixty
(BO) days after September 9,  1971,  or  such
later date as may be approved by the Com-
mission upon good cause shown. If an envi-
ronmental report had been submitted  prior
to September 9, 1971, a supplement to  that
report, covering the matters described In sec-
tions A 1—4 to the extent not  previously cov-
ered,  may be submitted In  lieu  of  a  new
envu ournental report.
  2. Upon receipt of an Environmental Re-
port or supplemental Environmental Report
submitted pursuant to paragraph I. the pro-
cedures  set  out In  section  A. 6-9  will  b«
followed, except  that comments will be  re-
quested,  and  nvist  be  received,  within
thirty (30) days from Federal agencies,  State
and local officials, and Intereeted persons on
Enviromnentai  Reports and  draft  detailed
statements. H no comments are  submitted
within  tb'.-tv  (30)  days by such agencies,
Officials o« persona. H will  be presumed that
4uch agencies, officials or persons have  no
comment to make.  The detailed statement
 (or supplemental detailed statement, as  ap-
propriate) prepared by  the Director of Regu-
lation or his deslgnee pursuant to section
AS will, on the basis  ot  the analyses and
evaluations described therein,  Include a con-
clusion  as to whether, after  weighing  the
envisou;nentaj, economic, technical and other
 beaeflta  against environmental  costs  and
 considering available alternatives, the action
 nailed for is the continuation, modification
 or  termination of the construction perrnit or
 Its  appropriate  condltlonng to  protect  en-
 virontnental values  Upon  preparation of the
 detailed statement, the Director of  Regula-
 tion will publish In the FSDIRAL REOISTD a
 notice, which may be Included In the nolle*
 required by section A 9, seeing forth hU, or
 hlo assignee's,  conclusion  as respects  th«
 oouUnuatton, modlfioattoti  or  termlrurttoo
 of tb« oooBtruetton permit or  I*8 appropM»t*
 ooQAHtonlng   to  ptoteet    envloram«nt«l
 values.  Tbc notice wffi jrovlde that within
 thirty  (SO) A*y« from  tt* date of It* puMt-

 Uctober  15,  1971
e"tion,  any person  wliooe  Interest  may b&
atfccted by the :>r« ,• -i'-i;; i:iay nlo ,iu ai;b'>-,T
to the naUnued  !j;.*ainfcd,
terminate.! cr condltionrd is proposed  Iny
such person nay,  311 'T' rdarme w th § 2 714
of i-hLs  chapter, lile a p'HUAn  foj Jeav'e to
intervene &•  ' requrtU  'i  healing  In  p.n?
hearing, the piovisions "f section A  10 ana 11
will apply u. th,- extent 1 ertlner.t  The Com-
mission o.  the jirwHiu^ Atomic Safety and
Licerr-in^ s>>uj-.'   at.  Fj^m^rlate,  !~iay   pie-
scribe i he o:ne yithin which proceedings, or
any por\U>ns thereof  ronch'rtcrl pvirsvarit to
this pan-.f;! an1? */.:. .0  -  ducted
  3 The re. it ••  „.  ,  ', ir.mmentM  /inU»rs
conduced In  accordance with this tecilon O
win not be duplicated at the operating ilcen^**
stage,  absent  new  significant  lii Tor'nation
relevant to these mattere
  D. Procedures applicable to pending ^tar-
ings or proceedings to b« noticed in tr-.f. mar
future.  1  In proceeding in whlcfi hearing
are pending  as of  September 9,1971
                      or In which a draft or
final  detailed statement  ot environmental
considerations prepaiert oy the Director of
Regulation or hie Jddienae has been eij'< u
lated prior  to said d&U-, Uie  jp-'sidii,^  .V/.>m4c
Safety and Liceii'hi;. L.u ,""x,, prooe i e.\per*roatk>n
related  t«>  the  O^rnir1^ Ion's 5ic-f i&u$ re-
quirement,.,  under the .'tomlc  Energy Act
pending the  submission  of Enviro'.'ae!!-,^
Reports and detailed statements as -,;.u;;fied
in section \ and complUfH'? with oVner pp.
pllcable ^qulrem-;n^p -"-f (-.•.  ti<^n  A A supple-
ment  to the  EliUi >nm«.tai Repoi-t, cover-
ing the matters described  in Section A 1-4
to the extent  not previously covered, may be
submitted  in  lieu of a r ew Env!r >nmental
Report  Upon rcuelpl of tho supplem6!':ai
Environmental Report, tl.'i procedures set out
In section A 6- 9 will be followed except tbat
comment/. ,vill be refiue^tcd. and n^'ibt be re-
ceived, -within thirty  (30) days fronx FeOeral
agencies, State and local officials, and inter-
ested  persons  on environmental reports and
draft  detailed statements   I* no  comments
are submitted within thirty (30; days by
sucii agencies, officials, or persons, It  will be
presumed that such  agoni les, officials or per-
sons have no comment to n-jtke  In uny sub-
sequent session of the  hearing  ri^ld  on t.Ue
matters covered by  thii, lippendix, the  pro-
visions of section  A 10 and 11 will fcuply to
the extent pertinent. The OorarfLSsxjlon or the
presiding Atomic Safety fuul Lioer.sl-
as appropriate, may  prescribe the t'ms
In  whicto  the proceedini;,  or  any  pwrtlon
thereof, will be completed
  3 In a proceeding for the !^ i-si.c^ o>' an
operating license where t'ic )?qu'remuiu« of
paragraphs 1-9 of secttoii A have  not a<) yet
been met and the matter Is pending before
an  Atomic Safety and Ll.ieu-Stng Roard, the
applicant may make, purt-uant to § 50 67Xc),
a motion In  writing for the Issuance  of a
license authorizing the londiiig of fue! In ihe
reactor core and limited operation within the
scope of 5 6067(c).  Upon a showing  on tno
record that the proposed  licensing action
will not have a signlflca it, adverse  Impact
on the quality of the environment «nd  upon
satisfaction of the requirements  c-i § fifl 87 (c),
the presldl:ig Atomic Safety and licensing
Board may grant  the applicant's motion In
addition,  the  Commission  recognl?/es   that
there  may  be other  circumstances  where,
consistent  with appropriate regard for  envi-
ronmental  values, limited operation may be
warranted during the period of the ongoing
NEPA environmental review. Such  circum-
stances Include testing and  verification of
plant performance and other limited activi-
ties where operation can be justified without
prejudice to the ends of environment*] pro-
tection.  Accordingly, the p.eaJAtnf
              Safety and Licensing Board may, upon satis-
              faction  of the requirements of 5 60.57(c),
              grant  a motion, pursuant to that section.
              after consideration  and balancing on  the
              record of  the factors described below:  Pro-
              vided, however, that operation beyond twenty
              percent  (20%) of full power may not be au-
              thorized except upon specific prior approval
              of the Commission.
                (a)  Whether it Is likely that limited  op-
              eration during the prospective review period
              will give rise to a significant, adverse impact
              on the environment; the nature and" extent
              01 suoh Impact, if any;  and whether redress
              of  any such  adverse environmental impact
              can leasonably be effected should modifica-
              tion or termination of the  limited license
              resuli. from the ongoing NEPA environmen-
              tal review.
                (b)  Whether limited operation during the
              prospective review  period would  foreclose
              subsequent adoption of alternatives In fa-
              cility  design  or  operation  of the  type that
              could  result from the ongoing NEPA environ-
              mental review.
                (',.)  Tlie effect  of delay In facility opera-
              tion upon the public  interest. Of primary
              importance  under  this criterion  are  the
              ^oMior needs to be served by the facility;  the
              &« liability of alternative sources. If any, to
              rm-et  those  needs on  a timely basis;  and
              del iy  co'sts to the licensee and to consumers.
                If es of this paragraph.

-------
                    PAK'l   '.0  -  LICENSING  OF  PRODUCTION  tu'o  (' • I L.I /AT! ON FACULTIES
the requirements of paragraphs 1-*  at wo-
ttou A have been met, ttee provisions ol Mo-
tion B.3 applicable to operating licensee win
be followed.

  E. Contuteration o/ tujpcnoion o/ certain
permits arw! licenses pending NEPA Environ-
mental Review
  1  Iti legard to (a) proceedings subject to
Section B othej  titan those In which a hear-
lug on an operating licence application  has
commenced,  (h)  proceedings subject to sec-
tion c involving nuclear power reactors and
testing taollltlus."  end   it) prixx-t/dtngs  tr.
which the O j.ii., -j-.. ,u  .,-,.,.^.atfco tn»t con-
struction  •  . 't. a p. fmi' .ml  not  i>e com-
pleted i,> j»uua.'i.pletl ,r of the ffBPA envi-
ronmental review sneclfiefi in those sections

  2. In tojfclclifiK  tb«  dtet«rtxd nation ctJled for
In  paragraph i. tn« Commission  will coo-
elder and balance the following factors:
   (ft)  Whether  It  le  likely that continued
constr.K tton or  operation during the  pro-
spective review  period  will  give rise to  ft
elgulflctuxt  exlv«r«t-  unp*ft on  tbe  environ-
ment; the  nature and  extent of such  lin~
p&oc, If &i y trid wjts«tli*r v^lrsftsfi of any such
adverse envl*  .mortal ^n^^j . t can reasonably
t«i efrwAwJ M^Luut  jM.v,'ti viUion, tfospension
or  teriji'.ruxUon  of  trie ^^i^'Ut or license re-
sult  from the  '/ngxang NEPA environmental
review
   (b) Wr-etlw-r  oontlmied  oonstmcrtlon or
 opernUwa sturlifig tJ>« prtxyttwctlve review pe-
 riod would forecl xj* suris^nwent » the  11-
 oen«e« attd to  c. aevaum
                   4. The Oonanlaalon  will thereafter deter-
                 mine whether the penult ur Ucen«e BCH1 be
                 suspended pending NHPA enTlromnental re-
                 view and will publiih tJdat determination
                 In the PKDIEAI, REQJSTKB. A public announce-
                 ment  of that determination  will  also  be
                 made.
                   (a)  If the  Commission  determines  that
                 tiie permit or  license shall be suspended, an
                 order  to show cause pursuant to i 2.202 of
                 this chapter shall be served upon the  li-
                 censee  and  the provisions of that section
                 followed.13
                   (b)  Any  person -.\iios« interest  may  be
                 affected by  the  ~p:oceedlJig  other than the
                 licensee, mty  file a request for  a  hearing
                 within  thirty  (3O)  days  after publication
                 of the  CommlBsiun'u d«u:nuu.ation on this
                 matter  in  tr*e FEDERAL Rt-Gisrha. Such re-
                 quest  shall set forth the  matters, with' ref-
                 erence to the  criteria  set  out in  paragraph
                 2, alleged to warrant a suspension determi-
                 nation other than that made by  the  Com-
                 •risiton. and rtnll e«t forth the factual b**te
                 for -«tre request. H  the Commission deter-
                 •Ones that the matter* stated In »uch  re-
                 qne*t warrant a hearing,  a notice of hear-
                 tag  will be  published   in  the  PKDBUU.
                 HECISTXX.
                   (c)   The  Comrnlsiiuri   or the  presiding
                 Atomic  Safety and Licensing Board, at ap-
                 propriate,  may  prescribe  tha tima within
                 which a proceeding, or any  portion thereat,
                 conducted pursuant to this paragraph shall
                 be completed.
   ?  Utti n holder or «, pt-t. n  <•: !icen.-.e sub-
  ject to paragraph  1 of  this section E shall
  TiirnkA tc.  tne  Comi!.:-.M(.n   before  40 days
  afwr September 8  .'B' >  ,1  ij'irh later date
  as may b« appix)ve\l U^ U:u v,^mii,U»31on upon
  KIK^.I cause shown a wrlttva «iatemeut of any
  reucx-ns, with suppC'riing factual submission,
  why, with retereui-i t._< tr e criteria lu para-
  graph 2, the permit or Itoenae should not be
  suspended,  lu wtou- or !r, piut, pending com-
  pletion of  the  NEPA environmental review
  specified 1^ .-,« tmfn, fc i\ tl n  Such docu-
  ment will be  puo'lcJy  (.uUlnble  and  any
  Interejlca  pfisou   ,-ii.i  uubmlt  comments
  thoi't'in to the ."!-.». >•'!. '. , u
      Vuel  reproceeatng
     ilca hiui* oaly ui\* surh
     tloit c and  U«  constiti
                  11  10 CFR 8.202 among other things, pro-
 have been  eji-    ^ei for rnntlWtlan o/ a proceeding to mod-
»u Is subject «)    tfj,, nopend, or nrrofce a license by Issuance
3n Is ,»mpiete.    of ^ .,4,, te ^^^ „„„, „„, providce an
                  opporttufltj for hewing.
                                                                    16 3h
                                                                                                            October  15,  1971

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 1                            R.  Catlin



 2              The  effect  of  the  Court's decision and the revised



 3    regulations was  to make  the  AEC  directly  responsible for



 4    evaluating the total  environmental impact,  including aquatic,



 5    terrestrial, and atmospheric effects of proposed nuclear



 6    powerplants, and for  assessing this impact  in terms of the



 7    practicable alternatives and the need  for electric power.



 &              Accordingly, AEC licensing regulations now require



 9    that Environmental Statements contain  a cost-benefit analysis



10    which considers  and balances the environmental  effects of the



11    facility and of  the alternatives available  for  reducing or



12    avoiding adverse effects, against the  environmental, econ-



13 j   omic, technical, and  other benefits of the  facility.  On the



14 I   basis of these evaluations and analyses,  conclusions are



15    reached as to  whether, after weighing  these factors, the acti



      called for should be  licensing approval,  denial, or appro-



17    priate conditioning to protect environmental values.



                Under  Section  21 (b) of the Water  Quality Improve-



19    ment Act of 1970, the AEC  is prohibited from issuing licenses



      or permits for activities  involving discharges  into navigable



      waters, without  a certification  from the  appropriate Federal,



      State or interstate   agency  that there is reasonable assur-



      ance of compliance with  applicable water  quality  standards.


or

      Accordingly, under licensing regulations, compliance with


25
      all State, regional,  or  Federal  standards which have been
Dn

-------
              	5B7


   |l
 -^                            R.  Catlin
   i
 2    established under the Water  Quality  Improvement Act  is a


 3    minimum  requirement.  However,  licensing  responsibility does

   j j
 ^    not  end  there.

 5 ;            MR. MAIO:  Excuse  me, Mr.  Catlin.   I think they
   i
 6 :!   are  having  difficulty in hearing  you in the  back; and it is


 7 ii   probably the  consequence of  two factors:   one, there is a


 8 !   great deal  of noise  in  the foyer, and perhaps you might


 Q i   speak just  a  little  bit louder.
   H

10 1            MR. CATLIN:   I am  sorry.   I have a case of


11 |!   laryngitis, but I will  try to do  better.


12 !            MR. MAYO:  Thank you.
   i
13 ,            MR. CATLIN:   However, licensing responsibility


14    does not end  there.  The regulatory  process  still requires


15 ;   a determination, through balancing of benefits and costs  of


16 ;   specified cases, whether or not more  rigorous limits or
   i!
17 j   restrictions  should be  applied.

IB ,             Since the  July 23, 1971, Calvert Cliffs decision,


19    AEG  Regulatory  has  issued  32 draft and 16 final  Environmental


20    Statements.  Two final  statements describe the  environmental


21    impacts of nuclear  plants  constructed or planned for Lake


22 ;   Michigan:  Point Beach  and Palisades.  The summaries and


23    conclusions regarding thermal aspects of these  two plants


2L* ,.   are  enclosed  for the record.  I have copies  of  the two


25 j|   final statements for introduction into the record.

-------
 1                            R. Catlin



 2             Again,  since the effects analyzed in these state-




 3   ments are pending before the Commission's licensing process,



 4   they do not reflect or suggest a final Commission position.



 5   They do represent, however, the regulatory staff analysis




 6   and position.




 7             (The  summaries above referred to, identified as



 8   Enclosure 2 and Enclosure 3 follow in their entirety.)




 9             (The  Environmental Statement related to operation



10   of  the Palisades  Nuclear Generating Plant, Consumers Power



11   Company, Docket No. 50-25$, June 1972, published by the



12   United States Atomic Energy Commission; and the Environ-




13   mental Statement  related to operation of Point Beach




1^   Nuclear Plant,  Units 1 and 2, Wisconsin Electric Power



15   Company and Wisconsin Michigan Power Company, Docket Nos.



1°   50-266 and 50-301, May 1972, published by the United States



1?   Atomic Energy Commission are on file at U.S. Environmental


i #
     Protection Agency Headquarters, Washington, D.C. and Region



19   V,  Office, Chicago, Illinois.)

   I

20



21



22




23



24



25

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                                                           Enclosure  2
            Extracts from Final Environmental St itement
                     Point Beach Nuclear Plant
                           Units 1 and 2
                              (May 1972)
Summary and Conclusions  (as related to thermal a ;pects of plant operation)


"This Statement is submitted in relation to the proposed issuance of an
operating license to the Wisconsin Electric Power Company and the Wisconsin
Michigan Power Company for the Operation of the Point Beach Nuclear Power
Plant Unit 2 located in the State of Wisconsin, County of Manitowoc,
near the City of Manitowoc, and includes consideration of the combined
effects of Units 1 and 2.  Each unit is a pressurized water reactor
rated at 497 MWe using 1518 MW of heat.  The system is designed to utilize
a maximum of 700,000 gpm of Lake Michigan water for direct once-through
cooling."

"Summary of environmental impact and adverse effects:

     •  No significant adverse impact on air, water, or land resources
       is expected.

     •  Minor impact  on aquatic resources from possible entrainment of
       plankton and  small fish in the intake cooling water and from
       temperature increases in the thermal zone of influence by
       effluent discharges into Lake Michigan.

     •  A potential adverse aquatic impact from residual chlorine if
       chlorine is used as an antifouling agent.

     •  A potential long-term aquatic impact from the discharge of
       demineralizer regenerant waste."

"Principal alternatives considered:

     •  Alternative power  sources —  results in  a  major increase in
       monetary costs,  an increase in the acreage of land converted
       to industrial use,  and  an increase in aesthetic impact (i.e.,
       visual,  noise,  air pollution)  while producing only a  minor
       environmental benefit through reduction  of heat released to
       Lake Michigan.

     •  Alternative heat dissipation  systems —  results in a  significant
       increase in capital and  operating  costs,  an additional loss of
       agricultural  land,  and  a potential  for atmospheric fogging  and
       icing while producing only  a  negligible  environmental benefit
       through  reduction  of  heat released  to Lake Michigan."

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                                — 2 —
"On the basis of  :he analysis and evaluation set forth in this state-
ment, after weighing the environmental, economic, technical and other
benefits of the P /int Beach Power Plant against environmental costs
and considering available alternatives, it is concluded that the actions
called for are:

     The continued operation of Unit 1 under License No.  DPR-24
     and the issuance of an operating license for Unit 2."

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                                                           Enclosure  3
             Extracts  From Final  Environmental  Statement
                 Palisades Nuclear  Generating Plant
                              June,  1972
 Summary  (As related  to  the  thermal aspects of p]ant operation)


 "The  present  once-through condenser  cooling  systBm raises 405,000 gallons
 per minute  (gpm) of  Lake Michigan water to 25F°  above ambient resulting
 in a  thermal  plume with an  area of 370 acres witnin the 3F° excess temper-
 ature isotherm.  This area  represents only 0.002% of the total area of
 Lake  Michigan.  Although these thermal discharges will meet the standards
 set for  this  Plant by the State of Michigan Water Resources Commission,
 they  will not meet the  Environmental Protection Agency's recommendations
 for thermal discharges  for  Lake Michigan after December 31, 1972."

 "Although thermal discharges may have localized effects such as inter-
 ruption  of passage of juvenile fish  along the shoreline and thermal shock
 on spawning of certain  fish, free-swimming biota are not expected to
 remain in the mixing zone for sufficiently long  :;ime to be adversely
 affected.  The dominant effect will be the attraction of fish to the warm
 water area of the plume, especially during the winter months."

 "For  the most part fish and free-swimming organisms may avoid impingement
 or entrainment in the once-through cooling system because of the location
 of the intake crib, which is 20 feet below the lake surface, 6 feet from
 the bottom, and 3,300 feet  from the shoreline, and the low intake velocity
 of 0.5 to 0.6 feet per  second.  Since zooplankton recover and reproduce
 rapidly, the  30% entrained  and killed in the cooling water will have a
 minimal  effect on the productivity of the lake as those killed will serve
 as a  food base for other biota in the lake."

 "The  limited  chlorine treatment of 1 hour per month at concentration
 levels of 0.5 ppm residual  chlorine will reduce to a minimal level the
 chlorine impact on aquatic  life in the vicinity of the Plant."

 "Although operation of the Plant with the once-through cooling will cause
 an adverse effect on a small fraction of the nearby aquatic community,
 the impact is considered to be of little significance on the overall
 population levels of biota  in Lake Michigan."

 "After January 1,  1974,  the applxcant is committed,  through an agreement
with  the intervene.s in the licensing proceeding  to have installed and
 commence operation of mechanical-draft cooling towers to reduce the
 thermal load rejected to the lake.   The use of the towers reduces  impinge-
ment,  entrainment and thermal impact on fish and other aquatic biota.
However,  they introduce a long-term adverse impact of chemicals from
continuous blovdown of 1,320 gpm of concentrated salts which would accumu-

-------
                                 - 2  -
 late  in Lake Michijan  over  the  long-term operation  of  the  cooling  towers
 and cause  serious r.egradation of  the  water  quality  of  Lake Michigan  in  the
 vicinity of the Pl.-Mt.  The increased concentration would  result in
 phosphate  enrichmeit of the lake  water and  reconcentration of zinc and
 chrornate in biota."

 "Cooling towers introduce terrestrial environmental impacts on flora
 and fauna  in the dines from chemicals deposited by  the drift, evaporation
 of 12,320  gpm of lc ke water, fogging  under  certain meteorological  con-
 ditions, and icing in  the winter.  Although the towers are hidden  from
 view, they will cat se  an adverse  aesthetic  effect from the lake side and
 will  have  a noise jmpact on the area."

 "The"  cooling towers will not only require an increase  in capital and
 operating  costs of the order of about $67,000,000 but will result in a
 decrease of about 1% in net electircal output due to the electrical pox-^er
 required for the fans in the towers."

 "Alternatives considered were:

     Heat dissipation with  mechanical draft cooling towers

     Heat dissipation with  natural-draft cooling towers and dry
     cooling towers

     Heat dissipation with  cooling ponds and spray ponds

     Reduction of thermal effects with  a redesigned and relocated
     discharge structure

     Reduction of chemical  effects with a redesigned condenser
     cleaning system."

Conclusions:

"On balance,  the staff concludes that  the minimal ecological impact fore-
seen by operation of the Palisades Plant with once-through cooling docs
not provide sufficient justification  for the additional increased cost
to the consumer necessary to provide  cooling towers inasmuch as the eco-
logical impact of the cooling towers  is minimal and comparable to that of
once-through cooling.  Thus, on the basis of the analysis and evaluation
set forth in this Statement, after weighing the environmental,  economic,
technical and other benefits of the Plant against environmental costs and
considering available alternatives, it  is concluded that the action called
for would be the issuance of an operating license authorizing operation
of the facility with an once-through  cooling system."

-------
"The project before the Commission for licensing  consideration, however,
is one in which mechanical draft cooling  towers are to be installed for
operation by January 1, 1974.  Since  the  ecologi'..'1! impact of the oper-
ation of the Plant utilizing the cooling  towers ss proposed by the
applicant is comparable to that associated with operation utilizing once
through cooling, the use of such towers is an accsptable action in terras
of its environmental effects.  Accordingly, weighing the environmental,
economic, technical and other benefits of the Palisades Plant utilizing
mechanical-draft cooling towers against environmental costs thereof and
finding no alternatives (other than those specified as conditions below)
which would materially reduce environmental damage or enhance the benefits
compared to the environmental costs,  the  staff concludes that (despite
the lower cost of the alternative of  once-through cooling) the action
called for is the issuance of an operating license, authorizing operation
of the Plant with once through cooling prior to January 1, 1974 and
with mechanical draft-cooling towers  thereafter, subject to the following
conditions for protection of the environment:

a.  For the period prior to operation with coolin; towers, the following
    conditions apply for protection of the environment:

    (1)  The incorporation of a non-radiological,  as well as radio-
         logical,  monitoring program as required in Appendix B to
         Amendment No.  2,  for the Technical Specifications to Lir.e.ris^
         No.  DPR-20.

    (2)  The performance of a monitoring program to determine:

         (a)   chlorine  discharges and  its effects  on biota;

         (b)   size,  shape  and location of different isotherms  of
              the  thermal  plume during different wind  and weather
              conditions;

         (c)   thermal  discharges  and  their effects on  spawning
              fish eggs and larvae  and interruption of migratory
              paths  of  fish along the  shoreline  corridor;

         (d)   impingement  and  its effects by  counting  the number,
              types, and sizes  of fish collected on the  screens and
              trash  racks  of  the  intake structure,  and entrainment
              by me"8uring  the  extent  of  mortalif and damage of
              biota, such  as  plankton, after  passage through the
              condenser;

         (e)   any  changes  in  biota  life in botton  areas of the lake,
              around the intake crib and  the  discharge canal, and
              onthe beach  from  the  operation  of  the Plant with the
              once-through  cooling  system.

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    (3)  Concurrent development of an affirmative plan of action for
         Plant operation to prevent and remedy detrimental effects on
         biota, to i.nclude means of reducing cold kills, chlorine
         discharges, and to improve dispersion of the thermal plume
         through an alternate discharge structure design.  Such a plan
         shall provide for implementation so as tc  eliminate or signi-
         ficantly reduce such effects as are revefled by the monitoring
         program.

b,  For the period that cooling towers are used,  the conditions specified
    under a., above, plus the following:

    (1)  Extension of Technical Specifications to include monitoring
         of effects of operation with the cooling towers on ter-
         restrial biota, including salt deposition from drift and
         extent of fogging and icing, and on aquatic biota from
         the continuous discharge of chemicals in the cooling tower
         blowdown in the lake.

    (2)  The development and use of alternate methods to effectively
         reduce or eliminate the amount and type  of toxic chemicals
         as corrosion inhibitors and biocides in  the operation of
         the cooling towers or by treatment of such chemicals to
         minimize the impact.

    (3)  An evaluation of comparative effects of  the two alternate
         cooling systems on th'e environment."

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                                                                589
                              Ro Catlin
                The  Commission has utilized the services of two
      qualified scientific  organizations — Oak  Ridge National
      Laboratory and Battelle Northwest Laboratories -- in prepar-
 5    ing these statements.  Several  organizations have conducted
 6    or are conducting research  for  the development arm of AEC  on
 7    generic environmental matters relating to the thermal aspects
 8    of plant siting.   A list of these studies, with pertinent
 9    descriptions,  and several of the full reports are also pro-
10    vided for the  record.
11              (The documents above  referred  to follow and are
12    identified as  Enclosure 4 and Enclosure  5.)
13
14
15
16
17
18
19
20
21
22
23
24
25

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                                                               Enclosure
                     AEC PROJECTS  RELATED TO THE THERMAL
                        ASPECTS  OF POWER PLANT STTTN3

                            Thermal Plume Studies
Contractor

Argonne National
Laboratory
Hanford Eng.
Laboratory
        Project  Description

 Joint  studies with  several utilities in
 La
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                                     -  2  -
 Contractor
        Project Description
 Region of Study
 Holmes  &  Narver
 Johns  Hopkins
 University
      Power  Plant  Siting Studies

 Joint study with  California  to investigate
 and  evaluate  new  and  improved methods  of
 nuclear  power plant  siting particularly
 applicable  to ocean  coasts

 Joint study with  Maryland to develop a
 framework for identification and  evalu-
 ation of direct economic costs and  external
 effects  affecting decisions  on pDwer
 plant siting  and  design
 California
 Chesapeake Bay
                        Fresh Water Bn'ol o^ir-al Studies
Pacific North-
west Laboratories
Fine  structural effects of Temperature in
fish
 Columbia  River
                     Effects of Modifications on Aquatic
                     Ecosystems

                     Effects of Thermal Discharges on Aquatic
                     Biota
                                              Columbia River
                                              Columbia River
Argonne National
Laboratory

Michigan State
University

University of
Michigan
University of
Wisconsin.
Synergistic Effects of Temperature Pol-
lutants and Disease in Aquatic. Organisms

Great Lakes Thermal Studies
Dissolved Organic Matter and Lake
Metabolism

A Field and Laboratory Study of Nuclear
Power Plant Condenser Effects on Plank-
tonic and Pelagic Organisms

Investigation of the Influence of Thermal
Discharge from Large Electric Power
Station on the Biology and Near-Shore
Circulation of Lake Michigan-Part A:
Biology
                                                                   Columbia River
Great Lakes
Midwest
Midwest
Lake Michigan

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                                     - 3 -
 Contractor

 Woods Hole Ocean-
 ographic  Institute

 University of
 Rhode Island

 Virginia  Poly-
 technic Inst. &
 State Univ.

 Savannah  River
 Plant

 Savannah  River-
 Plant

 San Diego State
 College Foundation
Oak Ridge National
Laboratory
University of
Wisconsin
       Project Description

The Effects of Sublethal Tempersture on the
Social Behavior of Fishes

A Model Study of Entrainment Effects on a
Striped Bass  (Morone soxatilis)

The Effects of Temperature Shocks from
Thermal Plumes on Invertebrate Drift
Organisms

Thermal Effects on Flowing Streams
Thermal Effects on the Fate of R.idio-
nuclides in Par Pond

Investigations on Physical Processes
Affecting Leaf Temperature Profiles
and Primary Production in the Reg Man-
grove Ecosystem

Thermal Enrichment Studies
Modeling of Populations

Cooling Towers

Microbiology of Thermally Polluted
Environments - Thermal Springs Yellow-
stone Park
Region  of  Study

Northeast


Northeast


Mid-east



Southeast


Southeast


Southeast
Southeast


Southeast

Southeast

Far West
University of
South Carolina

Duke Univ.
Pacific Northwest
Laboratories
Univ. of Miami
           Marine Science

The Response of Estuarine Fish Embryos
to Environmental Temperature Shock

Effect of Cyclic Temperatures on Larval
Development of Marine Invertebrates

Bioenvironmental Effects of Effluent
Discharge from Nuclear Power Plants to
Coastal Waters

An Ecological Study of South Biscayne
Bay and Card Sound, Fla.
Southeast
Southeast
Pacific Northwest
South

-------
 Contractor
        Project Description
Region of  Sfudv
 U.  S. Dept. of
 Commerce
University of
Maryland
 Effects of Temperature on the Activity
 Feeding of Adult Atlantic Mackeral
 Scomber Scombrus

 Biological Effects of Nuclear Steam
 E.-ectric Station Operations on
 E;';tuarine Systems
Northeast
East Coast
Argonne National
Laboratory

Pacific Northwest
Laboratories
         Atmospheric Studies

Applied  Micrometeorological
Cooling Tower  &  Cooling  Pond Atmospheric
Impact
Great Lakes
Southeast
Westinghouse
Gulf-General
Atomic
       Cooling Tower  Studies

State-of-the-Art Study of Salt Water
Cooling

Dry Tower Thermal Plume Study

-------
                                                      ENCLOSURE
        AEC RESEARCI  REPORTS  ON THE THERMAL ASPECTS  OF
                      POWER PLANT SITING
A.  Great: Lake.?; Stu-iics  -  Argonne National laboratory  (ANL) ,
    Center for Envii onmental  Studies (CES)

   *1.  Effects of  Thermal  Discharges on the Mass/Energy  Balance
        of Lake Michigan,  ANL/ES-1.

   *2.  Physical  (Hydraulic)  Modeling of Heat Dispersion  in  Large
        Lakes, ANL/ES-2.

   *3 .  Thermal Plumes in  Lakes:   Compila tib is of Field Experience,
        ANL/ES-3.

    4.  A Photographic Method  for Determining Velocity Distributions
        Within Thermal Plumes,  ANL/ES-4 .

   *5.  A Phenomenologi cal  Relationship  for r'redicting the Surface
        Areas of Thermal Plumes  in Lakes, ANL/ES-5.

    6.  Wind Driven  Currents  in  a Large  Lake or Sea, ANL/ES-6.

    7.  A Compilation of the  Average Depths of Lake Michigan  and
                         ~ T>vT^  V -,* ^ , , «- ~ p ,- 4 ,1  A>TT / r* <"' "1 A
                         ct  JL W V  JJ-Ulllik-C- VJ J _L l-l *  ^T.1YJJ/I>|» J \i ,
   *8.   Heated Effluent Dispersion  in  Large Lakes - S ta te-o f - the-
        Art of Analytical Modeling,  Part  1.  Critique of Model
        Formulations, ANL/ES-11.

    James River Estuary Study  -  Virginia  Institute of Marine
    Science (VIMS)

    1.   The Design of the Monitoring System for the Thermal Nuclear
        Power Plant on the James  River, Special Report in Applied
        Marine Science and Ocean  Engineering Number 16.

    2.   Thermal Effects of the Surry Nuclear Power Plant on the
        James River, Virginia, Part  II  -  Results of Monitoring
        Physical Parameters of the  Environment Prior to Plant
        Operation, Special Report in Applied Marine Science and
        Ocean Engineering Number  21.

    Thermal Plume Prediction Model  Development - Battelle Northwest
    Laboratory (BNWL) ,  Hanf ord Engineering  Development Laboratory
    (HEJ)L)  and Chesapeake Bay  Institute (CBI), The Johns Hopkins
    University (J11U)

    *Reports provided for the  Fourth Session of the Lake Michigan
     Enforcement Conference, September  20,  1972.
     These documents are on file at U.S. EPA Headquarters, Washington,
     B.C.,  and Region V Office, Chicago, Illinois.

-------
                                 — 2 —
   1.   A  Test  Simulation of the Temperatures of  the  Dearfield
       River,  BNWL~f-28.

   2.   A  Test  Simulation of the Temperature cf the Illinois
       River and  a Prediction of the Effects of  Dresden  II  and
       Dresden III Reactors,  BNWL-728.

   3.   Evaluation of  the SIMPL-1 Hybrid Computer  Concept  on  a
       Water Quality  Benchmark Problem, BNWL-1228.

   4.   Potential  Thermal Effects of an Expanding  Power Industry:
       Ohio River Basin  I,  BNWL-1299.

 *5.   Potential  Thermal Effects of an Expanding  Power Industry:
       Upper Mississippi River Basin, BNWL-1405.

   6.   The Estuarine  Version  of the Colheat Digital  Simulation
       Model,  BNWL-1342.

   7.   TOPLYR  - A Two-Dimensional Thermal Energy  Transport Code,
       HEDL-TMS 71-39.

 *8.   Thermal Effects of  Projected Power Growth:  Missouri
       River Basin, HEDL-TME  71-180.

 *9.   Potential  Thermal Effects of an Expanding  Power Industry:
       Columbia River Basin,  BNWL-1646.

*10.   Thermal Effects of  Projected Power Growth:  Lower
       Mississippi  River  Basin,  HEDL-TME 72-69.

 11.   Ocean Mixing,  Technical Report 62,  CBI,  JHU.

 12.   A Preliminary  Report on the  Characteristics of a Heated
       Jet Discharged Horizontally  Into a Transverse Current
       Part I  - Constant  Depth,  Technical Report  61,  CBI, JHU.

 13.   The Distribution  of  Excess Temperature  from a Heated
       Discharge  in an Estuary,  Technical Report  44,  CBI, JHU.

 14.   Design  and  Siting  Criteria for Once-Through Cooling Systems
      Based on a  First-Order  Thermal Plume Model, Technical
      Report  75,  CBI, JHU.

*15.  Thermal Effects and  U.  S.  Nuclear Power  Stations,
      WASH-1169.


                                                       washington-

-------
                                                               590


                              R.  Catlin

                The Environmental  Statements are prepared by

      these organizations using all available information per-

      taining to the site and  environs.  In the cases of Palisades

 5    and Point  Beach,  the  detailed evaluations of environmental

 6    effects suggest that  they are local  in nature.  The evalua-

 7    tions concluded that  the adverse  impacts on the local environ-

      ment resulting from operation with once-through cooling would

 9    be associated with zooplankton mortality due to entrainment,

10    possible interference with fish movement in shallow waters

11    along the  shore,  and  potentially  toxic effects from chemical

12    discharges.  However, the statements also present the judg-

13    ment that  these effects  were of little overall significance

14    due to population distributions and  the life habits of the
   i
15    important  species of  biota in the vicinity of each plant.

16    Those effects attributed to  thermal  discharges in particular

17    were judged to be of  little  significance due to the low

      population densities, avoidance mechanisms, and the minimal

19    spawning areas involved. Available  data indicate that

20    those species most abundant  in the general vicinity do not

21    extensively use the beach  zone during their annual life
   i
22    cycles.  Further, the benthic organism populations in the

      affected nearshore areas are naturally sparse due to the

      type of bottom and to scouring wave  action.

25              in the  case of Palisades and Point Beach, a

-------
              	591





                               R.  Catlin



 2    balancing of environmental and economic  impacts  from once-



 3    through cooling systems against those  of alternative cooling



 4    systems resulted in the staff conclusion that  the  added  cost



 5    of closed cooling systems was not  warranted.   In the Palisadejs



 6    case where the licensee proposed utilizing cooling towers,



 7    a favorable licensing recommendation was reached in spite



      of the imbalance resulting from the added cost,  because  the



 9    total environmental impacts  were judged  virtually  the  same



10    for either system.



11              Recognizing the possibility  that species composi-



12    tion and distribution of biota can change due  to outside



13    influences, a major condition of every final decision  by



14    the Commission to license a  nuclear powerplant to  date has



15    been a requirement for careful monitoring of appropriate



      radiological and nonradiological parameters.   This is  to



17    assure the continued adequacy of the plant design  to protect



      the environment.  Such programs are on-going for  those  plants



      currently operating, and it  appears that they  will provide



      useful data from operating and proposed plants.



                From a practical point of view, we believe that



22    water quality standards for  Lake Michigan are  desirable  and



 ^    should be established within the framework of  our  knowledge



 ^    of the lake and its ecosystems. We believe that care  should



      be taken that any interim standards resulting  from the

-------
   	592

   I



 1                             R.  Catlin



 2    considerations of this conference have  sufficient  flexibility



 3    to avoid placing undue stress on adjoining nonaquatic eco-



 4    systems.  They should permit a reasoned balancing  of terres-



 5    trial and atmospheric as well as aquatic impacts of proposed



 6    projects.  Our basic concern is with  the adequacy  of the



 7    amount and depth of available research  and knowledge, and



 B    the basis that presently exists for generalized rules,  such



 9    as the thermal effects recommendation of last year's con-



10    ference.



11              This evaluation of the total  environmental aspects



12    of proposed licensing actions is a Federal mandate, as  I



13    have outlined.  This mandate is clearly confirmed  in recent



1^-    court actions providing interpretations of the National



15    Environmental Policy Act.  It is also important that water



1^    quality standards reflect the best technical information



17    available from laboratory and field studies, which should



1°    take into account the results of pertinent monitoring pro-



19 |   grams.  The standards should permit optimum use of the  lake



      as a natural resource, recognizing its  effective capacity



      as a heat sink as well as its utility for other purposes,


22 ]
   1   including aesthetics.  The standards  should recognize  the



      detail of the relationship between these effects and uses
   i

24
      on the basis of sound scientific data.


25
                We endorse the suggestion made in earlier sessions

-------
   	593
   !




 1                             R.  Catlin




 2    of this conference that a regional coordinating group,  with



 3    representation by appropriate Federal,  State and private



 4    organizations be established to oversee the varied research




 5    activities that are presently established or planned for



 6    Lake Michigan.  The AEG, for example,  supports varied



 7    research activities on the lake in addition to its regula-



 8    tory activities.  At the University of Michigan,  the Commis-



 9    sion supports studies on the effects of powerplant condenser



10    effluents on aquatic organisms and research on nutrient



11    enrichment and eutrophication of Lake Michigan.  It also



12    supports the University of Wisconsin's studies on the




13    influence of thermal discharges from a large powerplant on




14 I   the ecology of nearshore lake waters.   Argonne National



15    Laboratory carries out a varied Lake Michigan research  pro-



      gram with primary concern for the effects of thermal and



17    radioactive discharges into  the lake.   Several States and


i £
xo    private organizations support research on various aspects



      of Lake Michigan.  Continued evaluation of these individual



      programs and establishment of a mechanism for channeling



      their results to appropriate regulatory authority could lay


00 j

   i   the groundwork for establishing a flexible,  useful and


23
      practical set of regional water quality standards.



 ^              Thank you.




25 '             MR. MAYO:  Thank you, Mr.  Catlin.

-------
         	594





                             R.  Catlin




               Are  there  any  comments  or questions from the con-



     ferees?




 4             MR.  CURRIE:  Yes, I have one, Mr. Chairman.



 5             The  conclusion that was reached in the two Impact



     Statements mentioned was that any adverse effects would be



 7   purely local,  partly because of the low populations of fish



     species  in the neighborhood.




               I wonder how this squares with Mr. Barber's find-




10   ings,  in the first place, that there would be an attraction




11   of fish  from the  whole general area to the vicinity of the



12   powerplant; and,  secondly, that there are rather substantial



13   fish kills that result because of that congregation.



14             MR.  CATLIN:  Well, Mr.  Belter, maybe you would



15   prefer to speak to this.



16             MR.  MAYO:  As  you come  to the podium, please



17   introduce yourself.



               MR.  BELTER:  My name is Walter Belter, AEG, Division



19   of Environmental  Affairs.



20             The  results  of these analyses of the two Impact



21   Statements that you  make are  concerned with attracting fish to




22   the discharge  structures.  Of course, this is a known fact



23   insofar  as any powerplant discharge structures are concerned.




     The analyses that were made by our  staff, however, did not



  '   indicate or was not  able to reveal  any type of information

-------
    	59$





                              R.  Catlin



     on Lake Michigan as far as present powerplant sites were



     concerned that have shown this fish kill  phenomenon.



               I think,  as Mr, Barber has indicated, much  of the



     data is very scarce or lacking insofar as Lake Michigan plants



     are concerned, and our ecologists1 evaluation of  the  data



     that we have available — and as I am sure you are  aware,  in



     these statements there are hundreds of references indicated



     — we were not able to find  informational data to back up the



10   concern for that part of it.



11             MR. CURRIE:  You are familiar with the  data that



12   Mr. Barber has given?



13             MR. BELTER:  Yes.   As far as I  know, the  staff  who



14   evaluated both of the two plants that the Environmental



15 I  Statements mentioned here, are aware of the data  that



16   Mr. Barber has stated.  Mr.  Barber did give a lot of  informa-



17   tion that I think would be worthwhile having time to  digest,



1$   such as Mr. Purdy has indicated.



19             We are aware of fish kill data  very much  so at



20   intake structures,  and the data that he quoted certainly  at



21   Indian Point is one of the primary concerns, I think, of



22   the Atomic Energy Commission and the whole power  industry.



     Intake designs are certainly a science, at this point in



     time, that is not really developed, and there are,  of course,



     indications of massive fish  kills at certain plants.   This

-------
   	596






 1                            R. Catlin



 2   is not just for nuclear powerplants but for all types of



 3   steam electric systems.




 4             MR. CURRIE:  Yes.  Well, I would like to refer to



 5   one case that Mr. Barber mentioned, on page 10 of the report,



 6   where he talks about January and early February 1971 at the




 7-  Consumer Power Company's Campbell plant on the eastern shore



 &   of Lake Michigan, several hundred thousand fish had been



 9   killed by impingement.




10             MR. BELTER:  Which is an existing fossil fuel



11   plant, correct?




12             MR. CURRIE:  That is my understanding.




15             MR. BELTER:  Yes.



               MR. MAYO:  Are there questions from any of the



15   other conferees?




               MR. McDONALD:  Mr. Catlin, in regard to the bottom



     of page 5, top of page 6 of your statement, you talk about



     your monitoring program.  Do you have available for submis-


1Q
 7   sion to this conference the complete details of your moni-


20
     toring program from each plant that you have licensed?
   i

21
               MR. CATLIN:  We can certainly make these available


22
   '  for the record.


23
               MR. McDONALD:  I think this would be helpful if


24
     we could receive this during the next week while the record


25
     is open, Mr. Catlin.

-------
           	              	597



                              R. Catlin


 2             MR. CATLIN:  We would be happy to do so.


 3 I            MR. BELTER:  I might just add to that point:  Those


     monitoring programs are an integral part of the technical


     specifications for those plants and, as such, have been pre-


     pared and are part right now of the hearing procedures that


     are going on in both of these plants; so the detailed moni-


     toring specifications are available for both of the plants.


     And, as Mr. Catlin stated, they can be made available


10   readily to the conferees.


11             MR. McDONALD:  Have the monitoring requirements


12   been prepared by the applicant?


13 I            MR. BELTER:  The usual procedure on the prepara-


14   tion of the technical specifications, both for radiological


15   and nonradiological specifications, are prepared in a draft


16   form by the applicant.  They are then reviewed by the Commis-


17   sion and its staff, similarly to the review of safety reports.


1°   And only after usually very extensive review, discussions,


19   and dialogue concerning these specifications are they then


     written up by the AEG and it then actually becomes a tech-


     nical specification of the Commission.

22 i
               MR. McDONALD:  Do you have a set of criteria

27
 J   against which you review the monitoring requirements, and

2L
     do you make these criteria available to the applicant if

25
     you do have them?

-------
                              R. Catlin



               MR. BELTER:  Right offhand — there are safety



     guides that are being prepared — a number of them have been



     issued by the AEG.  I believe they are up in the twenties



     right now.  One of these safety guides has to do with criteria



     for radiological monitoring of nuclear powerplants.  This



     has been published and is readily available.



               Criteria for nonradiological aspects of powerplants



     are at this point in time just slowly being developed.  In



10   fact, the preparation of nonradiological specifications has



11   only begun here with the detailed preparation of the Environ-



12   mental Impact Statements, which has taken place here since



13   the Calvert Cliffs decision and really only over the past




14   year.



1$             So those, at the present time, will be different,



16   I would say, for individual plants, depending again on the



17   location and the specific environmental characteristics of



     each of the plant sites.  These specifications that I have



19   seen anyway are not in that regard standardized but are



20   more in the position of being developed — an involvement



21   type of specification.



22             MR. McDONALD:  Are those individual criteria




     available?



               MR. BELTER:  Yes.



25             f/[R. McDONALD:  I wonder if those could also be

-------
    	599

                               R. Catlin

    made available?

              MR. BELTER:  As part of the safety guides pertain-

  '•  ing hereto, monitoring can be made available to the con-
•^ i

t,   ferees*

£ I             (The following documents were submitted by the
'aj ;
  !
  1 j
7 i|  AEC and have been accepted as exhibits on file at U.S. EPA
•*  1 !
3 !  Headquarters, Washington, D.C., and Region V Office, Chicago,

9   Illinois?

0              A.  For Palisades Nuclear Powerplant

]_                  1,  Radiological and Nonradiological
                       Technical Specifications
                   2.  Environmental Monitoring Program
                   3.  Administrative Controls, Including
                       Reporting Requirements

               B.  For Point Beach Nuclear Powerplant, Unit
                   No. 1 and Unit No. 2

                   1.  Technical Specifications
                   2.  Appendix B to Facility Operating
                       License  DPR-24 and DPR-27)

-------
                                                          600
 1
 2
 8
10
11
12
13
14
15



16
17
19
20
22
                         R, Catlin
25
          MR. McDONALD:  In terms of the Environmental Impact



Statements that AEG prepares or has prepared for them —



specifically Palisades and Point Beach — have independent



technical field studies been conducted to support these



statements by AEG?



          MR. BELTER:  The separate independent field



studies — right now, this is a part of the AEC's program on



Lake Michigan, and our principal contractor, at this point,



is Argonne National Laboratory.  And during the past 2 to 3



years, Argonne National Laboratory has been conducting



analytical, laboratory, and field studies on the lake, and



most of their efforts so far, on the lake, have been devoted



— as far as one plant is concerned — to the Point Beach
plant
          They have also been involved in part of the
Waukegan studies and also for the University of Wisconsin



studies out of Milwaukee, which is below a fossil fuel plant



located on the lake.



          30 that the answer to your question is that we



are definitely trying to follow up these statements here



with the detailed field studies that were recommended as a



part of the last session of the conference, and which was,



as a part of our statement,  we felt,  highly essential




that at least somewhere in the  range of   5   years

-------
                                                               601
 5
10
11
12
13
15



16



17


IS
19
20
21
                         R.  Catlin



of field studies be carried out in order to determine what



the effects of these plants would be on Lake Michigan.



          MR. MCDONALD:  If AEG grants a full operating



license to, say, Point Beach,  and if as a result of the
 6 i  monitoring that takes place at Point Beach substantial damage

   i


     is uncovered to the aquatic environment, would AEG,  then,




     conduct hearings on the desirability of backfitting that




     plant?
          MR. BELTER:  I don't know whether I can give a



categorical answer to that question.



          In the environmental reviews and assessments that



have been made, I would say most of the conclusions were,



in the statements, that if a deleterious effect is found



through the operation of the plant in question, it will be



necessary for the applicant to take the action required to



remedy that effect.  That is a standard recommendation, and



actually usually it is a conditional part of the technical



specifications that this type of action will have to be



taken if harmful effects are found.



          MR. McDONALD:  Well, what criteria guidelines has
22
     AEG developed that would enable AEG to measure whether such


23
     deleterious effects have indeed taken place on the basis


24
     of monitoring information that might be available?


25
   1            MR. BELTER:  I would say on something like that,

-------
                                                              602





 •j_                           R. Catlin




 2   this conclusion of  deleterious effects would be developed



 3   in conference with  the various groups that are involved in



 A   the monitoring operation.   In other words, the AEG, in con-



 5   cert with the involved States, with EPA, and with other



 6   appropriate Federal agencies, would determine what these



 7   deleterious effects are.   It would not be a separate  action




 £   whatsoever by the AEG, but it would be an action or a



 9   decision or a  conclusion that would be reached in  conference



10   with the appropriate State and  Federal agencies involved.



11             MR. McDONALD:   What would be the mechanism  for




12   this?   This statement you just made  is  somewhat new  informa-



13   tion as far as  I am concerned  personally anyway.



14             is there in the offing a mechanism  that  would be




15   developed to make this assessment?



16             MR.  BELTER:  Well,  in the  cases of  the technical



17   specifications that I have seen, as  a part of these Environ-



1S   mental  Statements and as a part of the licensing  process,



19   the monitoring operations — reports of these operations



20  \ are provided to all of the involved agencies  and groups



21   pertaining to that  site or that plant.  There will be



22   meetings that are usually  specified,  again,  in the specifi-



23   cations on some type of a  time  framework, that call for




24   discussing the results of  the plant operations.



25             in other  words,  all of the data that is collected

-------
    	603



 1                            R. Catlin


 2   in the monitoring programs will be reviewed by these agen-


 3   cies and, if there are any effects pointed out as a result


 4   of these operations, it then would be the intent of the


 5   Commission to take the action as called for, as a result of


 6   the monitoring and the meetings of the involved organizations


 7             MR. McDONALD:  Well, I believe, sir, what I am


 8   driving at is this:  We find ourselves now at a state where


 9   there are a number of views on what constitutes damage or


10   whether, in fact, there is any damage.  And it would seem


11   to me that if AEG grants a license to, say, Point Beach, or


12   any other facility on the lake, that there should be some


13 I  rather definitive guidelines on what would constitute either


14   a revocation of that license or damage to the environment,


15   or what would constitute a very clear case of affirmative


16   action to remedy that deficiency within a given period of


17   time.  Or else, when we get to the matter of damage, I think


18   we may be right back where we are right now.


19 |            MR. BELTER:  Well, without attempting to preempt


20   what any kind of decisions would be in these hearing pro-


21   cesses involving the plants in question, I would say that

op
 *•   the AEG is looking for any kind of help or guidance that we

2*3
 J j  can obtain from any Federal or State agencies in regard to

   !

 ^   what constitutes damage below the plants.  In the preparation

25
   [  of the nonradiological technical specifications, there has

-------
     	     	604





 1                            R. Catlin



 2   been serious efforts taken to try and come up with what



 3   would be damage below the plants.  For example, one of the



 4   most sticky problems, or the roughest ones to handle is:



 5   What constitutes an acceptable fish kill below a plant or



 6   at an intake structure above the plant?



 7             We realize that in these cases fish have been



 $   killed, but the overall question is:  What effect does it




 9   have on the total population of these various species in



10   that situation?  If one fish dies and you count that, perhaps



11   maybe that would not be too damaging.  If it was perhaps



12   maybe a carp or a sucker, maybe that wouldn't be too, too



13   harmful.  If 5 fish die, if 500, 1,000, 100,000 — what is




14   considered to be an acceptable number to the regulatory



15   agency?



16             And we have had many discussions with many dif-



17   ferent ecologists around the country, with various agencies,



1$   attempting to come up with an acceptable number, so that it



19   could be included in the specifications as a point for tak-



20   ing corrective action.  And I will say, at this point, that



21   we really haven't arrived at any kind of an acceptable



22   number.



23             The same thing, I think, can be carried to impinge-




     ment on the intake screens, on the entrainment of organisms



25 |  going through the condenser.  Is there any kind of acceptable

-------
		605


                          R.  Catlin

 numbers in terms of what the overall population is?  We are

 well aware that — and you will hear further today, too, the

 Humbert. a.ud povcfciioages of various species — zooplankton
 4

 5 j! and that  --  that  are killed going through the condenser.
   I
 6   These  numoers  will  vary all over the place — 10 percent,

 7 ii 20 percent,  30 percent  — Mr»  Barber has given numbers up

 g !  to 90  to  100 percent*

 9 |             1  think, the basic issue here though is:  What

10   effect dues  this  type of entrainment kills  have upon

11 |  the total population surrounding the plant?  And from what
   i
12 \  we have been able to determine,  from the ecologists who have

13  ! evaluated it4  in  the AEG assessments,  we have not been able

14  ! to determine that there has been an overall decrease in

15   these  essential populations making up the total ecosystem.

16 ,!            So i-uese  are  areas that we are looking for, for

17   guidel-LUt,-., in  v.e^Hd of  how you can specify this type of

1$   •thing  iu  nut. c-eci/iiicai  specifications for the plant opera-

19   tion*   A.M ii'  thsi-tt is  anyone here, in the various States or

20 '| Federal agencies  involved that can assist us in this regard,

21 ;; we wou.'.ui  o^  mo.st  pleased to have that type of consultation.

22 ;.            Mil,  Ilu.OjMLDs   Well, I think we are talking on the

•^ ',• same th-u.^  i appreciate the extent of your remarks, and I

^ ii will ciuse oil my questioning by, again, restating:  I think
   i [
*-' I the imperativeness  is having criteria by the time a license

-------
    	606





                              R. Catlin




     is granted, if that facility goes forward without adequate




     cooling facilities.



               MR. BELTER:  I might ask the same kind of a ques-



     tion, Mr.  McDonald.  Has the EPA in its various programs



     of research and monitoring come up with any draft criteria




     that you would consider could be used by an agency like the



     AEC in its licensing process that would indeed define damage




     and the other types of criteria, that you consider important




10   in terms of plant operation?



11             MR. McDONALD:  We are doing this, under our Refuse



12   Act Permit Program, so that we will be able to detect what



13   a violation is, and I think this matter really has to be




14   pursued.



15             MR. BELTER:  I agree.



16             MR. MAYO:  Any other questions, gentlemen?



17             MR. FETTEROLF:  Yes.



               Mr. Belter, one of your  senior scientists  involved



19   in  determining how you assess the  environmental  impact  is




20   Dr.  Charles  Coutant,  is that correct?



21             MR. BELTER:  Yes.



22             MR. FETTEROLF:  And while  Dr.  Coutant was under-



23   going the throes  of working through  what you  have just  dis-



     cussed about  how you  evaluate  biological damage —  whether it



25   is  on the basis  of individual  organisms killed  or whether

-------
 6
 7
 8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
                                     	607

                          R. Catlin
  it  is on the total  impact to the population — he was also
  serving on  a committee with the National Academy of  Sciences,
  which was made up of the outstanding aquatic  scientists
  throughout  the country, and they helped him and he helped
  this other  committee.
           I attended all of these meetings, and I know the
  pangs they  went through in trying to reach a  correct decision.
  And, as an  example  of where literally millions of larval fish
  can be killed and yet apparently not influence adult popula-
  tions, I would refer to Mr. Barber's report,  where he cited
  the work of Marcy at the Connecticut Yankee Plant, where
  some &5 to  90 percent of the fish were killed.
           Now, I believe a followup to Barton Marcy*s work
  was that a  cost-benefit report was turned in  to AEG  on what
  was the value of those fish that were killed.  Do you recall
  the results of that report?
           MR. BELTER:  Which plant is this?
           MR. FETTEROLF:  This is Connecticut Yankee at
  Haddam Neck, Connecticut.
           I heard Mr. Marcy give this report  at the
|  Westinghouse International School for Environmental  Manage-
  ment in Colorado this summer and, on the basis of the larvae
  that were killed going through the plant and  the larvae
  going down  the Connecticut River outside of the plant, and

-------
 1                            R. Catlin




 2   on the basis of the populations that returned,  the value of



 3   the fish killed was $131.



 4             MR. BELTER:  Is that right?



 5             MR. FETTEROLF;  Something like that;  something in



 6   that neighborhood; and that was on an annual basis.



 7             Now, 1 am a defender of the environment, but I



 g   want to put these figures in perspective, and I would like



 9   to leave the record open so I can check with Dr. Marcy that



10   this was the value assigned to these fish,



11             MR. BELTER:  My only comment, Mr. Fetterolf, to



12   that statement is that,  at this point in time — and I



13   don't recall the names of the total 32 draft Environmental



14   Statements that have been prepared and the 16 final Environ-



15   mental Statements — but I do not believe that the Environ-



16   mental Statement for that Connecticut Yankee Plant has been



17   prepared or issued at this point, primarily because it was



1$   listed down lower in the list of the total number of state—



19   ments that had to be prepared.  Over a year ago, a decision




20   had to be made on which statements would be prepared first,



21   and the critical list that was prepared at that point,



22   consisting of around 10 or 11 plants that were most critical



23   from a potential power shortage standpoint around the



24   country — those statements were given the initial attention



25   of the Commission staff*     Then there were other ones

-------
                                                               609
   	—




 .,                             R. Catlin



 2   listed in descending order of priority being prepared and,



 3   to the best of ray knowledge, I do not believe the Impact



 4   Statement for the Haddam Neck plant has been issued.



 5             MR. FETTEROLF:  Perhaps this was simply a special




 6   study.



 7             MR. BELTER:  Well, I can verify that for you very




 $   easily.



 9             MR. MAYO:  Are there any other questions, gentlemen'



10             MR. BRYSON:  I do have one  question, Mr. Mayo.



11             On page 4 of your statement and also page 5, where




12   you are talking about imbalancing of  environmental and



13   economic impact, can you elaborate somewhat on what you mean



14   by that comment?  Are you  considering environmental impact



15   in the immediate vicinity  of that plant, or do you include



16   environmental impacts on the Palisades plant  and its  effect



17   on the lake in  conjunction with  effects  that  may occur  from



13   the Cook plant, from  Zion, Point Beach,  Kewaunee,  and so  on?



19   Is it strictly  a local  consideration, or do you consider




20   regional implications?



21             MR. BELTER:   Most of the  considerations,  at this




22 i  point in time, have  been on a —  I would say — localized




     basis*



24              Now,  I  don't  believe that in the statements that have




     been  included heretofore in the  record,  there has been pointed

-------
    	610



                              R.  Catlin


     out any discussion in terms  of evaluation of the potential


     effects, say, of the Cook plant or other plants.  That


     assessment was more comparing the alternative types of


     cooling systems — for instance,  the once-through system


     as compared to various types of auxiliary -- cooling towers,


     spray ponds, other types of  ponds — and comparing the


     differences there as far as  total impact that would be


     involved in the discharge of blowdown,  possible  atmospheric


10   effects that would involve icing and fogging with cooling


11   towers, the noise problem, and comparing that with the  once-


12   through effects on the aquatic ecology.


13             But as far as the  impacts of  these plants or  the


14   effects on a regional basis, all of the information we  have
   i

15   been able to obtain so far is that these impacts or effects


16   will not be anything more than on a localized basis —  and


17   by "localized," I would hate to put a number on  it, but I


13   would imagine it would be somewhere in  the range of,  say,


19   5 miles or 10 miles, that any effect or impact of that


20   plant, per se, would be essentially nil beyond that dis-


21   tance.


22 !            30 this, I believe, is the reason why  there has


     not been any further consideration given to evaluation  on


     a larger scale insofar as Lake Michigan plants are involved.


25             MR. BRYSON:  Mr. Currie made  reference to

-------
                              	611

 •[_                            R.  Catlin
 2   Conclusion 17 of the conference and the remarks by Mr.  Barber
 3   concerning the fact that these effects may not be strictly
 4   local in nature.  So I still — while I think you have
 5   answered my question, it appears that AEC does just look at
 6   the local situation and you do not relate any evidence  of
 7   the fact that they —
 8             MR. BELTER:  Well, let me qualify that a little
 9   bit.
10             If, in the analysis, it was determined, say,  that
11   potentially the impact or effect would be at a point 3«5
12   miles or 5 miles from the plant, then  an assessment  would
13   be made of — if there was, say, another plant there —
14   what that effect would be.
15             But in the cases of these plants here  that we
16   have mentioned, there was no effect or impact determined,'
17   so, therefore, there was no further assessment mentioned in
13   the report.
19             MR. MAYO:  Any other comments, gentlemen, or
20   questions?
21             If not, thank you very much, gentlemen.
22             we will recess for lunch and reopen the  session
     at  2:00 p.m.
               (Noon recess.)
25

-------
                                        	612





 1                              T.  Falls




 2 |                   THURSDAY AFTERNOON SESSION




 3                               	




 4             MR. MAYO:  May we have your attention, ladies and




 5   gentlemen?  There is a need to get started again as soon




 6   as we can.




 7             We are back in session, ladies and gentlemen.




 8             In keeping with the published agenda, the first




 9   State presentation and the presentation of public statements




10   related to the individual States will be by the State of




11   Indiana.




12             Mr. Miller.




13             MR. MILLER:  Thank you, Mr. Chairman.




14             As we indicated this morning, the State of Indiana




15 |  does not have a statement on the thermal question, but we do




16   have several people who would like to speak on this subject,




     and I would  now  like to  call  on Ted Falls of the Izaak




     Walton League.
   i


19




20                     STATEMENT OF TED FALLS,




21 |                PORTER COUNTY, INDIANA, CHAPTER,




22             IZAAK WALTON LEAGUE, WHEELER, INDIANA



23

   I
r\ I  i

               MR. FALLS:  Mr. Mayo, members of the  conference,



25
 '   ladies and gentlemen.

-------
   ^	613





 •^                            T. Falls



 2             MR. MAYO:  Excuse me, Mr. Falls.  Would you be



 j   kind enough to lower the mike, please, sir?



 •              Thank you very much.



 5             MR. FALLS:  My name is Ted Falls.  I am a member



 6   of the Porter County, Indiana, Chapter of the Izaak Walton



 7   League, and am active in the Indiana Division and the



 #   National Izaak Walton League.  I am also active in the Lake




 9   Michigan Federation.



10             I am a retired research development engineer.  My




11   major work was in hydraulics.  I have been a life-long



12   amateur naturalist and a spare-time scholar of biology.  I



13   think I have carried much  of the discipline of my profession




14   into my hobbies.  With this background I think I might



15   attempt a few constructive comments.



16             I have recently  studied in detail Dr. Donald W.



17   Pritchardrs paper "Temperature Standards for Lake Michigan,"



1$   given before you in the fall  of 1970.  In this paper, Dr.



19   Pritchard has explored the condition of the plume discharging



20   cooling water from powerplant  condensers for velocities of



21   discharge from essentially zero to a value that purports to



22 j  mix the plume with lake water  successfully to a temperature




23   of 1° above lake ambient.  The case for maximum mixing,



     Case IV, has been applied  to  the system planned for  the



     Zion plant of Commonwealth Edison  Company, with some

-------
     	       _                                     614





                              T. Falls



     modification.



               I have the highest respect for the engineering work



     Dr. Pritchard has done, and I think he will have the respect



     of every engineer that reads him with comprehension.  I have



     applied a number of tests within my present scope and find




     him consistent.



               The alteration at Zion is important.  Dr. Pritchard




     describes Case IV with an orifice 15 feet wide and 10 feet



10   high discharging into 10 feet of water.  The jet immediately



11   fills the whole depth of the lake.  At Zion, the jet is



12 II  designed to discharge in a sheet about 75 feet wide and 3



13   feet deep, at the bottom of the lake in 12 feet of water.



14   This provides additional surface of contact with lake water



15   for the first step in mixing with lake water.  The jet



16   stabilizes through the whole depth of the lake at about the



17   12° isotherm, as near as I can tell from reading Dr.



1#   Pritchardfs data.  Beyond that, mixing with cold lake water



19   must be made wholly at the sides of a broad body of warm




20   water.



21             The jet discharges a volume of 1,705 c.f.s. at




22 |  the nozzle, or 141 acre-feet per hour, an easier figure to



     handle.  At the 12°  isotherm it has taken up 94 acre-feet,



2/f   which may be reasonable.  Between the 12° and the 1°



     isotherms,  2,575 acre-feet must be taken up through the

-------
    	615_





  1                             T.  Falls



  2    sides.   This seems optimistic,  considering the  narrow area



  3    of the  sides between the lake surface  and the bottom,  and the



  4    fact that much of the essential kinetic  energy  in the jet is



  5    being spent against viscosity in the turbulence between  the




  6    jet and the cold lake.  We do not have any means to  test




  7    this analytically.  This,  however,  is  the essential  point


  j

  o    for my  objections in my  previous statements.



  9              Another factor with the wide Zion jet is the extent



10    of the  interface at the  bottom.  This  is a region of high



11    turbulence, and it is persistent the whole length of the



12    jet. Energy is dissipated in turbulence both as storage in



13    heterogeneous velocities in heterogeneous directions and as



      work against viscosity.   At the bottom it can have no part



15    in mixing.  The rate at  Zion will be in  the order of 5 times



      the rate in Case IV.  For this reason, we are skeptical  of



17    the apparent proportionally longer plume at Zion. We hope



      the Zion jet has been examined in the  tank.



                There is a serious objection to the second jet



20    30& feet away from the first at Zion.  In still water there



21    will be no interference.  But with any current,  the  two


op 1
**•    will combine producing a plume up to double the size of



23




 *              In still water,  the system will "clog." With  a


25
 '    continuously operating jet,  the field  beyond the region  of
one,

-------
                                                         616



                        T.  Palls




decaying turbulence will be taken up as lake water.   This



will have a continuously increasing temperature,  enlarging



all areas of the plume.   This condition exists in the lake



at times.



          A cross-current is essential to maintain a supply



of cold lake water for the  continuous successful  operation



of the process.  Dr. Pritchard limits the cross-current to



10 percent of the initial velocity (according to  Policastro



and Tokar, "Heated-Effluent Dispersion in Large Lakes.")



For Zion, this limit would  be 10 percent of 9 feet per



second, or 0.6l m.p.h. — that is about a half a  knot.  Lake



currents sometimes exceed this velocity.



          We recently flew  over the mouth of the  St. Joseph



River, Michigan, when there was a north-flowing current



in the lake.  The river was markedly colored.  The interface



of the two streams was sharply marked for a long  distance.



This indicates a total absence of interchange of  water be-



tween the two streams.  We  do not know the relative veloci-



ties of the two streams, nor did we measure the distance



before turbulence began the process of mixing.  It is widely



known that acceleration of a stream in a pipeline damps out



turbulence.  Apparently transverse acceleration does the



same thing.  Since turbulence is the essential factor in



mixing, the plume will enlarge as the result of many current



velocities.

-------
    	617





                              T.  Falls



               Commonwealth Edison states that the jet velocity



     at the nozzles will be about 9 f.p.s. at "full load opera-



     tion."  And I quote that from their statement.  This implies



     that the pumping rate may be reduced for lighter loads to



     maintain the discharge temperature at 20° over the lake.



     This may well be, for the pumping costs are high and perhaps



     exceed the savings for working the turbines at the possible



     higher efficiency of reduced condenser temperature.  The




10   plant will operate normally at about 90 percent rating.



11   This, with the pumping reduced, will result in a 10 percent



12   reduction of the heat discharges and a 19 percent reduction



13   in kinetic energy at the nozzles.  At BQ percent rating,  the



14   figures will be 20 percent reduction of heat and 36 percent



15   reduction of kinetic energy.  The consequence will be larger



16   areas within the isotherms of the field.



17             We suspect that both Commonwealth Edison and Dr.



     Pritchard have submitted the data for maximum performance,



19   without regard to the adverse effect of variations.



20 J            Heat transfer to the air within the 1° isotherm,



21   for both Zion and Case IV, appears to be between 2 percent




22 |  and 3 percent of the total heat  contained in  the discharge.




     This means that 97 percent to 98 percent of the heat dis-



     charged passes the 1° isotherm.  The heated water  fills the



2 5   lake at this point, or very nearly  so.  The rate of rise

-------
 1                            T. Falls

 2    due to buoyancy at 1° is very low.  An estimate of heat

 3    dissipation to the air, according to the rate used by Dr.

 4    Pritchard for a moderate condition, indicates that the body

 5    of water between the 1° and the 0.5° isotherms will have an

 6    extent of 25 to 100 square miles.

 7             Due to lake currents, this far field affects pri-

 $    marily the inshore waters.  It creates a climate equivalent

 9    to a move of several degrees of latitude southward.  It

10    becomes the ambient temperature above which neighboring

11    plants raise their discharges.  The inshore temperature

12    raises progressively by this process.

13             We question the superiority of the Case IV high

14    velocity jet.  At Zion, the estimate for the area within the

15    1° isotherm is 1,260 acres, nearly 2 square miles.  Orig-

16    inally, the outfall for the Cook plant at Bridgman, Michigan

17    approximated Case I.  For this, the area within the 1° iso-

      therm  is about 6 square miles.  (I am using Dr. Pritchard1s

19    projections.)  But Zion dumps 97 percent to 9$ percent of

20    its heat into the lake beyond the 1° isotherm; the Cook
   i
21 i   plant  dumps only 10 percent to 15 percent.  The recent

22    alterations to the Cook discharge system are a disadvantage

      in this respect.

               Meandering of a long plume has been reported

      frequently.  The  consequence is the detachment of  large

-------
                                                              619





 1                            T. Falls



 2   bodies of warm water.  This has been observed and mapped at



 3   the Bailly fossil-fueled plant in Porter County, Indiana,



 4   and is reported in the "Environmental Report for Bailly



 5   Nuclear 1" to the AEG, and in the "AEG Environmental Report"



 6   for the same plant.  Quantitative studies of the plumes at



 7   Zion and other plants must take these detached bodies into




 8   account.



 9             The Kewaunee flume discharging at the shoreline



10   of the lake is unforgivable.  It is well documented that



11   this form has the greatest adverse consequence to the near-




12   shore.



13             I have the greatest sympathy for an engineer's




14 I  desire to test his work against the full-scale working



15   system.  On the other hand, the outfalls at Zion, Cook, or



16   Kewaunee will not be discontinued for another method if the



17   actual hydraulic performance fails  in its promise on the



     diversity of working conditions, and especially if it is



19   found that there is a grave impact on the ecology of the




20   lake.



21             I want to say some more on the biology,  but before



22   I leave this I would like  to make a point that  I  did not  in-



     elude in my paper.     That had to  do with the  point that I



     made that there is a high  level of  turbulence between this



     jet located at the bottom  of the lake and the jet itself.

-------
                                                             620






 1                            T. Falls



 2 j            The dynamics of flow are such that that jet is per-



     petuated and enhanced until it becomes one of the major



     sources of dissipation of energy.




               But there is another point here that I think is



     apropos, but I did not include it in my paper because when




     I wrote it I was not so sure, and that is that this turbulenc^



     under the jet has a very high scouring action and will dig a




     trench in the sand for a very considerable distance beyond



10   the jet.  If we look at Dr. Pritchard's dimensions, it is



11   going to be of the order of a mile or more.



               Now, I want to draw a conclusion that comes from



13   what I observed along the Indiana shore at Michigan City.



     That trench is going to be costly to the beach because of



     the effects of erosion.  The jet will pick up and carry any



     sand away that is carried into the trench and the sand will



     be continuously taken away from the shore due to wave action.


-| rt

     And I would suggest that we should thoroughly investigate



     this effect before we permit the Zion plant to operate with




     this outfall, otherwise it is going to cost the park up


21
     there at Zion at Sunny Beach.


2? '
               Now, this has happened at Michigan City where they


2*3

     dug a channel into the harbor there to the east — slightly


2L
     north of east — of the channel.  There is an entrance there.


25
     That was done 2 years ago,

-------
                                                              621


 jL                            T. Falls

 2             At the time that was done, there was a beach that

 3   must have been 100, 150 feet wide, due to the accumulation

 4   of sand that had been swept down from up the lake and had

 5   formed a filler.  Today that is completely gone and there

 6   is deep water against the bulkhead, and that has gone down

 7   into the channel which was dug.

 &             I have pictures to substantiate this from 2 years

 9   ago and now.  I had not expected at the time I took them —

10   not even when I took the last pictures —it was when I

11   viewed them that I realized that the beach was gone.

12             MR. McDONALD:  Do you have those pictures, Mr.

13   Falls?

14             MR. FALLS:  I didn't bring those pictures.  I did

15   bring some pictures showing the sharp interface between the

16   lake current and the discharge at  the St. Joseph River.

17   I wasn't  sure I would be able to use them.  I tried to write

1#   a description so that it wouldn't  be necessary to  show them.

!9   But I did bring them and I  can supply some pictures of

20   Michigan  City, too, if you like.   They are color slides and

     they don't  reproduce very  well in black  and white.*

22             Certain  biological  studies  submitted to  this  con-

     ference and to other bodies responsible  for making regula-

     tions are entirely inadequate.   The power  companies respon-

     sible  for making these  studies apparently  do  not avail

     *(The pictures were submitted  following the conference and
       follow this page.)

-------
                                   Wheeler, Indiana  46393
                                   October 2, 1972.
Mr. Glenn Pratt, Enforcement Division,
US Environmental Protection Agency, Region V,
One North Wacker Drive,
Chicago, Illinois  60606.
Dear Mr. Pratt:

Enclosed are five sets of photographs pursuant to the
suggestion of Ms?. Francis Mayo.  They are supplemental to
my statement of September 2} 1972 to the Four States
Enforcement Conference.  They are strictly for the record.
One could hope for clearer pictures, but the details in
question can be perceived with careful examination.

I have included a text for the remarks in addition to my
written statement.  With references at hand I am able to be
more specific in one or two matters.

                 Yours respectfully,

-------
SUPPLEMENT to Statement to Lake Michigan Enforcement Conference
              by Ted Falls, September 19-21, 1972.

To folloxv discussion of the hydraulics of the plune, page 3.
In view of the breadth of the discussion that has gone before, in
this Conference, I would like to add a point that I deleted from
ray prepared statement for the sake of brevity.

I have spoken previously of the high turbulence between the jet
and the bottom ot the lake at Zion.  This turbulence will scour a
channel in the sand.  The depth and length ot the channel depends
on the initial velocity of the jet at the nozzles.  All sand that
might be drawn into the channel will be picked up and carried out
into the lake,

Due to wave action, the sand betxveen the jet and the beach will
flow into the channel to be carried away.  The inevitable result
will be the destruction of the beach at the plant, and in a short
time, the reduction or complete loss of the beach at the adjacent
State Park.

This effect has occurred at Michigan City (Ind.) Harbor, at the
mouth of Trail Creek.  In early 1970 a cargo ship that tried to
enter the Harbor at the east entrance ran aground.  By June, that
year, the Army Engineers completed dredging a channel through the
entrance, approximately 1000 ft. offshore.   At the time there was
a wide beach along the bulkh.ead at the small boat harbor, with
the characteristic fillet against the jetty that makes the major
harbor.

By July 1972, the beach had entirely disappeared.  We can only
presume that the beach sloughed off into the channel.

-------
8/16/70.  Michigan City Harbor and Small Boat Harbor,
showing east entrance through which channel was dredged,
Beach as visible at bulkhead at the lake side of  the
Small Boat Harbor.
7/9/72.  Michigan City Small Boat Harbor.  Bulkhead
and jetty for Michigan City Harbor.  Note disappearance
of beach at bulkhead, and erosion east of the Small
Boat Harbor.

-------
7/9/72.  Mouth of St. Joseph River, St. Joseph, Mich
Sharp demarkation between river outfall and northwar<
lake current.
7/9/72.  Demarkation continues great distance beyond
mouth of river.  Note extensive mixing on shore side
of plume.  This was more marked to the naked eye.

-------
                                                              622





                              T. Falls




      themselves of  sophisticated authority in planning the work,




      I  will  cite  two  studies in particular:




               1.   "Benton Harbor Powerplant Limnological




 5    Studies" made  by Great Lakes Research Division, University




 6    of Michigan.   This was a study of relatively undamaged lake




 7    biota,  preliminary to the operation of the Cook plant.




               A  study in the surf and immediately adjacent




 9    waters  was neglected on the supposed absence of life there.




10    Cladophora appears in this region on the shores of Indiana
   I
   ! I

11 |   below the outfall of the Michigan City plant of NIPSCO,




12 I   presumably due to the rise in mean annual temperature.




13             No studies were made of fish spawn and hatchlings




14    over the gravel  and rock beds offshore, nor were the beds




15    mapped. It  is well known that these are important breeding



16 !   areas for fish important to the ecological structure.



17             2.   "NIPSCO Environmental Report, Bailly Nuclear




      1,"  to  the AEG.   This makes the most frank report of the




19 |   impact  of a  heated plume on the marine ecology of any I

   i|

20    have come across. The plume discharges at a maximum of 14°




21    above ambient.

   i


22 i            it shows increases in the plume of a number of




23 |   species of algal types and invertebrates and the disappearanc




      of others.   It particularly notes a serious fungal infesta-




2 5    tion of Burytemora and Daphnia, absent in the surrounding

-------
          	623


 •^                              T.  Falls


 2   lake.

 3             The study was limited to 3 days in October.   This


 4   is not the season of major impact.

 5             It covers only one element of biota quantitatively.

 6             It disregards — or fails to report — the temper-


 7   ature at the point of sampling.  By averaging, it conceals


 &   the  effect of temperature in relation to multiplication or


 9   disappearance of species.  There is no possibility of eval-


10   uating Dr. Pritchard's proposals to release large quantities


11   of water 1° over ambient from this work.

12             The plume must be studied throughout the season.


13   You  must know how much the algal bloom and the increase of


14   invertebrates is advanced before the normal season, and

15   how  much it is extended beyond.  You must know the increases


16   during the normal season.

17             The increase of plankton adds to the organic

IS   detritus in the lake.  This enhances the support and the

19   multiplication of living organisms in the long run.  This

20   is acceleration of  eutrophication in the lake.


21 I            To my knowledge, at this writing, no study has
   i
   i
     explored the phenomenon of the  concentration  of predator


     fish at thermal plumes, with their marked disappearance


     after several weeks.   We  can conjecture the cycle:  the

     increase of plankton attracts  and concentrates the  forage

-------
                                                              624


                               T. Falls

      fish; the concentration of these attracts the predators.

      There are two likely factors in the concentration of the

      vertebrates*

 5             1.  The increased temperature raises the metabo-

 6    lisra rate of the cold-blooded species.  This may be

 7    attractive.

               2.  The increased temperature increases the food

 9    supply.  We suspect this to be the greater force,

10             The predators and the prey fish must come from

11    other parts of the lake.  How wide an area supplies the
   i
12    prey fish?

13             The disappearance of the predators would indicate

14    the possible decimation of the prey.  If this is true, what
   |
15    is the  consequence to the biological balance of the system?

16             Two points are presented before you that are

17    invalid:

               1.  Statements of the impact of thermal discharges

19 i   on the  lake as a whole are deceptive to only the uninitiated,
   !j
20    The impact is on the inshore waters.

21             2.  Emphasis on the existence of natural limited

22 [   bodies  of water in the lake of comparable temperature dif-

23    ferences is equally untenable.  Thermal plumes add to these

      areas  in major quantities as I have mentioned above.  They

      increase the  effects of  temperature beyond the natural

-------
                                                              625
 -j_
 2
 5
 8
10



11
12
13



14



1$



16
17
19



20
21
2 5
                              T. Falls
     balance.
               Evaluation of  the  issues before you  falls into



     two categories:   1)  the  ethical,  and 2)  the  economic.  To



     try to evaluate  them on  the  same  plane  is adding apples




     and oranges.



               The ethical decision must  be  cleared first.  Do




     we want to proliferate heat  discharges  into  the lake until



     damage becomes obvious?   In  Lake  Michigan there will be  no



     return in our lifetimes  if we exceed the tolerance  of  nature



     here.  The lake is valuable  to people as well  as to industry.



               The true economic  decision is in the balance



     between a lakeside site, with the use of the lake  for  cool-



     ing water, on the one hand;  and,  on the other, an  inland



     site using less critical resources for  cooling.  Granted,



     the cost to the consumer may increase somewhat. The economy




     is more flexible than the lake.



               Thank you.



               MR. MAYO:  Thank you, Mr.  Falls.



               Do the conferees have any questions  or comments?



               MR. McDONALD:   I would like to refer to page 4,



22   Mr. Falls, on your  comment on the Bailly Report as "the most



     frank report of the impact of a heated plume  on the marine




     ecology of any" that you have come across.
               You mean this in what way now?

-------
                                                               626
 1
 2
                               T. Falls
 9
10
11
          MR. FALLS:  I am speaking primarily of the reports
to bodies like yourselves that have a decision to make that
are produced by the required studies by the people who would
suffer by adverse reports.  Frankly, directly, I mean the
power companies are turning in what appear to be very
weighted reports — weighted by neglect of some of the
essential factors that I have discussed.
          MR. McDONALD:  Well, I was interested to see that
comment because when I read the Bailly report, I had the
same feeling that you had.  It was a very frank report; it
12 il   laid out the  situation that happened and was most informa-
13
15
16
17
19
20
21
22
23
24
tive.
          MR. FALLS:  Yes.
          MR. McDONALD:  The thing that I would like to
pursue just a moment is:  Are you suggesting in the items
below, where you discuss the Bailly report,  that the situa-
tion — despite the frankness of the Bailly report — is
much worse because of the limited duration of the study?
          MR. FALLS:  That is true.  I think they failed —
at least they did not pick the time that revealed the worst
to permit an overall picture of what would happen throughout
the thermal site,
          MR. McDONALD:  I would like to thank you for a
2 5 ;   very detailed and very  informative  statement.

-------
                                                                627
                              J.  Jontz

 2              MR.  FALLS:   Thank you.

 3              MR.  McDONALD:   I  think it  is  refreshing to  get

      this type of statement from a man who is a member of  this

 5    group.

 6              MR.  MAYO:   Any other questions or  comments,

 7    gentlemen?

                Thank you,  Mr. Falls.

 9              MR.  MILLER:  Thank you,  Ted.

10              The  next person I have to  call on  is Mrs. L.  E.

11    Bieker.   It appears  that she is not  here.

12              We have a  statement from Sylvia Troy, who is  not

13    here, but Jim Jontz from the Lake Michigan Federation  will

14 i   read Mrs. Troy's statement.

15

16                STATEMENT OF JIM JONTZ,  PRESIDENT,

17 I                    INDIANA EGO-COALITION,

18 i                     VALPARAISO, INDIANA

19
   I
20 Ji             MR.  JONTZ:   My name is Jim Jontz,  J-o-n-t-z.  I
   11
21 j   would like to  submit  two brief statements on behalf of
   |j
22 ]|   citizens that  are not able  to be here at the conference

23 |   proceedings today.  In addition,  I think we  could find  Mrs.
   i!
2^-    Bieker's statement if you don't have a  copy.

2 5 jj             Mrs. Troy's statement is presented for the  Save

-------
 2
 3
 4
 5
 6
 7
 B
 9
10
11
12
13
14
15
16
17
20
21
22
23
 25
                                                         628
                        J.  Jonts
the Dunes Council.
          Mrs. Florence Dale has also  prepared a  statement
which she would like to introduce into the record as an
individual.
          I would like to take just a few seconds more than
that to explain some of the concerns of the individuals who
were not able to be here today.
          Both of these statements — I should say the
general feeling among many citizens in Indiana is that they
would like to indicate their concern to the conference that
action be taken to protect Lake Michigan from thermal dis-
charges as quickly as possible.
          we  do not have expertise, in many cases — when
you  stated previously — I believe it was Mr. McDonald —
about the  quality and the nature of the  statements  from
environmental groups —  I hope that we are not looked to
for  expertise, but we  do have  experience in some of the
other facets  that are  important in deciding these decisions.
           MR. McDONALD:  Well, just to  clarify that I  did
not  mean that in any  sense  to  mean that  every statement
from an environmentalist group had to be a technical state-
ment.   But I  think  this statement by Mr. Falls was an
unusual statement because  I know how difficult it is to
 get the expertise that is often required to  make statements

-------
 4

 5
10
11
12
13

14

15

16

17

18
                                                               629


                             J. Jontz

     on behalf of environmentalists.  He happens to be a technical

     man and I think he has put his technical knowledge to good
     use.
               MR. JONTZ:  We certainly agree with you that we
     wish more of us could make statements like Mr. Falls1.

               The comments we have just been making relate very

     directly to the point that I think many of us would like to

     make.  The thermal question becomes, I think, of both inter-

     est and concern, perhaps rightfully so, in that much of the

     input into the decision-making process is not of a technical

     nature but of a socio-economic political nature instead.

               We have been very upset, I guess you could say,

     that this decision has been made in a manner that we would

     quarrel with.  Rather we are faced with making a decision

     not in a manner we would call scientific but rather

     political.  And we, as citizens, are not too keen about

     the prospects of making this decision on a political basis.

19 i            On the one  hand, we have the power industry who
   i
   I
20 j  for a few minutes present a series of  scientific technical

21 l|  experts to  sell their point.  I think you recognize that
   i
22 1  these gentlemen are able to make  such a  complete presenta-
   [
23   tion because they are in  service  to  sell a product from

24   which they  get profits from which they  can employ and hire

     technical and  scientific  experts  to  give the best possible

-------
                                                              630
 1
 2
 3
 4
 5
 6
 7
 a
 9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
                        J.  Jontz
presentation of their side.   On the other hand,  there  are
very few of us that make very much money from protecting the
environment in our spare time.  We get no profit from  this
and we do not have the opportunity to put in these profits
to work and hire technical,  scientific experts to present
the best side of our argument.
          Now what one must  conclude from this is that it
is necessary for the governmental agencies of all the  States
and the Environmental Protection Agency to do the functions
that they are supposed to do as governmental agencies, and
that is those things which individuals, citizen groups --
all citizens — cannot do.  We may not have the resources  to
present the best side or the best arguments for our side,
and that is your job.
          So many of us are led today to question what the
Environmental Protection Agency and what the States have done
in the last 2 years as far as finding the correct scientific
evidence upon which to make a decision.  We feel that making
a decision only upon what the power  companies can represent
cannot be a decision based on adequate grounds.  Objectivity,
for scientists, is a goal, but  it  is never  completely
attainable, and what we would like to  ask you today is  why
EPA has  been reluctant  to make  these expenditures, why  you
were  reluctant to  approach the  problem of doing the studies

-------
     	:	631




                              J.  Jontz




 2    so that we do  have the information upon which  to make the



 3    decision.



 4              One  alternative would be for Commonwealth Edison



 5    to provide the same amount  of money that  they  have used  to



 6    make their studies to, let's  say,  BPI, so that BPI can make



 7    a study.  BPI  can't make that study if Commonwealth Edison



      isn't going to give them that money,  and  I'm sure that Mr.



 9    Coraey would be glad to accept a check any time.



10              I think many of us  would like to know why we have

 v

11    been discussing the thermal issue  year after year, and your



12    reports say that there is no  technical information.  And I

   j

13    think the  most important point we  have to make today is:



14    When are we going to be able  to come to an enforcement



1$    conference and see that you all have done your homework.

   I

16              That is the conclusion of my statement.



17              MR.  MAYO:  Excuse me, Mr. Jontz. You said you

   i

13 !j   had some material from Mrs. Troy that you wanted to submit



19




20 \             MR.  JONTZ:  I do.
   i
   !


21 |             MR.  MAYO:  — for the record.



22 |             MR.  JONTZ:  Yes.  I have to retype one of them.


p-3 II

 ^    I have another one of them, too.   Mrs. Dale's  letter is  com-



24    plete.


25 I
 ' ii             (The documents above referred to follow in their

   J!   entirety.)

-------
Statement of Sylvia Troy, President, Save the Dunes Council, before the Lake
                       Michigan Enforcment Conference-

                               September 21, 1972
I am Sylvia Troy, president of the Save the Dunes Council.   The Indiana Dunes National
Lakeshore was dedicated earlier this month after almost 60  years of herculean
conservation effort.  With thirteen miles of shoreline on Lake Michigan included in
the park, we are vitally concerned with the health of the Lake.  It would be ironic
indeed if the Lake were not swimmable just when a sizable chunk of Indiana's shoreline
is made available for public use.

The federal EPA has indicated that despite its efforts the  quality of Lake Michigan
at its southern end has not imporved.  Dr. Stoermer's testimony before this Conference
was alarming and expressed as scientific fact many changes  we feared were occurring.
Federal water pollution legilsation is moving in the direction of elimination of all
discharge including thermal discharges, perhaps by 1980 —  but will that be too late
for Lake Michigan?

If we have learned anything from the enforcement conferences (I believe I have
attended them all), it is that the federal government must  take the lead, and a
consistent and positive one, in demanding a cessation of all pollutants into the Lake
including heat.

In September of 1970 Department of Interior experts stated  in their "white pages"
that large amounts of heat are damaging to the lake.  If they could not back up those
assertions with hard evidence, why has not Interior or EPA  pursued intensive research
in this area?

Since 1970 EPA has done a shameful backsliding act on the thermal issue under
pressure from the utilities.  May we urge some statesmanlike courage on the part
of EPA to maintain their no-heat standard of 1970.

I would also like to comment on the siting of power plants, which is perhaps not the
direct focus of the Conference, but in our minds a closely  related topic.  The
Indiana Dunes National Lakeshore is being surrounded by power plants; both fossil
fuel and nuclear.  Anywhere along the shore in Indiana one  is confronted with utility
smokestacks and soon, perhaps, cooling towers.  EPA should  be concerned with our
total environment, including the problems of visual blight.  We would hope that there
would be a ban on construction of utility plants on Lake Michigan where they threaten
in any way our natural and recreational areas.

Thank you very much for the opportunity to appear before this conference.

-------
7
      f)(l n •
    J- JUo-

                             ^IT
s&sCviJ&AM^
        xUjMifo
          jfcJliL. cuJk*
<+yi.

                              ^-*-^
                -3 o-o

-------
   	632


 •j_                           C. Kern

 2             MR. MILLER:  I have a statement from Mr. Charles

 o    W.  Kern  of the Northern Indiana Public Service Company.


 4

 5                  STATEMENT OF CHARLES W. KERN,

 6                   ENVIRONMENTAL TECHNOLOGIST,

 7            NORTHERN INDIANA PUBLIC SERVICE COMPANY,

 g                        HAMMOND, INDIANA

 9

10             MR. KERN:  My name is Charles W. Kern.  I am

11    appearing today on behalf of Northern Indiana Public Service

12    Company.

13             It is our  pleasure to again appear before the

14    members  of the Lake  Michigan Enforcement Conference so that

15    the views of Northern  Indiana Public Service Company may be

16    known on the issues.  Several of the areas currently under

17    discussion at this conference affect public utilities in

1#    their responsibilities to provide  electrical power and ser-

19    vices to their  customers.  Northern Indiana Public Service

20    Company  serves  approximately 320,000 customers in northern

21    Indiana  with  electrical  energy.  All of NIPSCO's generation
                                                     •
22 !   facilities utilize Lake Michigan waters for once-through

      cooling.

24             we  recognize that  a  considerable  effort has  been

      under way for some time  to assess  the  environmental  impact

-------
   	633




 1                              C.  Kern



 2    of thermal discharges.   A great deal of information has  been



 3    collected from utility  companies and a  large  amount of



 4    research has been sponsored by utilities to accurately assess



 5    the effect of thermal discharges.  As this information has



 6    become available and has been evaluated,  a clear picture



 7    of environmental effects from thermal discharges has  become



 8    more evident.  Detrimental effects resulting  from thermal



 9    discharges to Lake Michigan have not been demonstrated.



10              Developments  since the promulgation of the  3°
   i
 * i

11    thermal standard for existing plants on Lake  Michigan indi-



12    cate that a new approach to thermal regulation for Lake



13    Michigan is necessary.   The Lake Michigan Enforcement Con-



14    ference in adopting the 3° standard did not gain the  con-



15    sensus of the member States.   Only one  of the four partiei-



16    pating States accepted  the standard and adopted it as law.



17    it is apparent that there is a great divergence of opinion



      as to the thermal regulation appropriate for  Lake Michigan



      even among the authorities responsible  for the regulation,



20 j|             The AEG draft Environmental Statement for



21    NIPSCO's N-l at Bailly  Station submits  an opinion that once-


22
   i   through cooling at that installation would be more accept-


23
 J    able than a closed system using a cooling tower,

2,|

                At earlier hearings before this body,  Northern


25
   i   Indiana Public Service  Company has asserted that the

-------
   	634



 l                              C. Kern


 2    evidence does not indicate a thermal regulation such as  the


 3    3° standard is necessary for Lake Michigan.   We again urge


 4    the conference to reconsider the  3°  limitation and to adopt


 5    some other mode of regulation that will  be  compatible with


 6    the realities of thermal effects, acceptable  to the conferee


 7    States,  and one which will not require the  spending of


 8    millions of dollars without first determining,  through


 9    factual  evidence, that a given plant effluent is detrimental,


10              The data to date, upon  which regulatory judgments


11    must be  formed, demonstrates that a  study and evaluation of


12    each thermal discharge and its surrounding  environment is


13    the only responsible manner in which thermal  discharges  may


14    be adjudged.


1$              Thank you.


16              MR. MAIO:  Thank you, Mr.  Kern.


17              Are there any comments, gentlemen?


13              MR. BRISON:  Yes, I have a comment.


19 i             In paragraph 3 of your  statement, you say:  "The


20    Lake Michigan Enforcement Conference in  adopting the 3°


21    standard did not gain the consensus  of the  member States."

   |j

22 jj             i think it is very important to point out that

   | i

23 |   all 4 States did indeed adopt the 3° rise.   There was a
   i

2^-    disagreement with respect to the  mixing  zone, but all four
   i

25 i   adopted that 3° rise.

-------
                                                               635



                                C»  Kern

               MR. MAYO:  Mr.  Frangos.


               MR. FRANGOS:  Mr. Kern,  did I understand the


 ,     situation with  this  —  let me give you my  understanding  of


 c    what your statement  says.

               It  is my understanding that your company had


      reached a decision to provide cooling devices  at  this


      facility?


 o,             MR. KERN:  Yes,  sir,  that is correct.


10             MR. FRANGOS:  And now your statement tells us  that


11    the AEC draft Environmental statement at least suggested that


12    is not the  most acceptable environmental decision?


13             MR. KERN:  That is  correct also.


14             MR. FRANGOS:  Thank you.


15             MR. MAYO:  Any  other comments, gentlemen?


16             Thank you  very  much,  Mr. Kern.


17             MR. MILLER:   Mr, Chairman,  Mrs.  Bieker's paper

      was passed  out  to the conferees, and then  there was also a


19    statement by  Mrs. Ethyle  R. Bloch, Chairman of the Coalition


20 !   for the Environment, Fort Wayne, and her statement was


21    passed out  to the conferees yesterday, and I would like  these
   i
22 I   two statements  included as part of the record, and this


23    would conclude  Indiana's  portion  on   the  thermal question.

   !
24              (The  documents  above referred to follow in their


25    entirety.)

-------
       AMERICAN  ASSOCIATION OF UNIVERSITY WOMEN
                      Indiana Sfo/e Division

                     September 20, 1972

  To The Lake Michigan Enforcement Conference
  The Sherman House
  Chicago, Illinois

  Prom The Great  Lakes Basin Task Force of the
           Northeast Central Region of the
           American Association of University Women

  The Northeast Central Region of the American Association

  of University Women represents more than 31,000 university

  women of the states of Indiana, Illinois, Ohio, Michigan,

  and Wisconsin.   Their Great Lakes Basin Task Force is em-

  powered to state their position on the thermal standards

  to be imposed on Lake Michigan.

  We are opposed to the addition of thermal pollution to

  the other pollutants that endanger the lake.  We believe

  that for the protection of the lake and those who use its

  waters you should set high thermal standards.  Any facil-

  ity that is located or proposed to be placed on the shore

  or in the lake  which would threaten to raise the tempera-

  ture of the water should have to be proved not harmful,

  either of itself or as adding to the effects of other

  facilities.  The burden of proof of its not being harmful

  should be on the user of the facility.
                             s . L. W. Bieker, Chairman, Indiana
                           Mrs. E. Horowitz, Illinois
                           Mrs. Joan Weikle, Ohio
                           Mrs. Jane Lahy, Michigan
                           Miss G. Freudenreich, Wisconsin
(Mrs.  L.W. Bieker
 1154  Ridge, Rdc,01 x
 Munster, In 56321)

-------
                        Coalition  For  The Environment, Inc.
                                  Fort Wayne,  Indiana
                                                 September 19,  19?2
Mr. Perry Miner
Indiana Stream Pollution C®ntr©l B©ard
In* i anap ©1i s, Int teia

Dear Mr. Miller:

The F©rt Wayne Coalition ^or The Environment may seem to©  far away  t©
make pertinent comment on Lake Michigan water quality,  particularly since
our area even lies in a separate watershed.    H@wever,  we  have  several
specific interests in Lake Michigan which we feel compelled  t©  discuss.
We would ask you t© submit ©ufr comments t©  the  Lake  Michigan Enforcement
Conference Chairman.

First, ©ur electric power is not produced in our area but  comes principally
from Installations sited on the shores ©f Lake Michigan.   We have a decided
interest in the thermal discharges and radioactive wastes  from  these in-
stallations for we are giving Lake Michigan  the  waste while we  enjoy the
product.   The health of Lake Michigan involves  our second parameter ©f
interest  which is the natural feature and ^reereational facility ©f the
Indiana Dunes area  and we rise to the defense of high  water quality here,
considering this an obligation of Indiana and U.S.  citizens everywhere.
We would add too that the policies and procedures  promolgated by the
Lak§ Michigan Conferees  will have direct bearing ©n  Lake  &rie  of which
we are a direct tributary - so in this regard we feel a keen interest and
concern with the Lake Michigan Conference.

We support continued controls on phosphate levels through  detergent  uses.

We support controls on pesticides and chlorides  which  have direct effect
on the lake's biology.

We support all efforts to dissipate heat and  minimize the  thermal effects
to the lake from the huge volume of water used in cooling  processes  for
power  production.

We support efforts  t© pr©ve absolute safety  of Emergency COre Cooling
Systems in atomic generation  before construction.

We support efforts  to prevent any further siting of power  generation or
heavy industrial development ©n the Lake Michigan shore for pollution
control reasons as  well as  aesthetic reasons Tvisual pollution).

We support flood plain management for tributaries and close surveillance
for  pollution sources including agricultural runoff.

-------
                                                       9/19/72

Lake Michigan Enforcement Conference	Page 2
We support all enforcement actions underway and believe these should
be steppe* up markedly with the next echelon  of offenders tackle*
promptly  and effectively.


                                     Respectfully submitted,
                                     Mrs.  kthyle R,  Bioch,  Chairman
                                     COALITION FOR THE ENVIRONMENT
                                     63^0  Donna
                                     Pert Wayne, Indiana  46819

-------
                                                              636



                             C. Fetterolf


 2             MR. MAIO:  To continue with the agenda, the State


 3   of Michigan and the related speakers are next.


 4             MR. PURDI:  Mr. Chairman, I would like to initiate


 5   our report by having Mr. Fetterolf give a report on the


 6   "Effects of Chlorinated Powerplant Cooling Waters."




                   STATEMENT OF CARLOS FETTEROLF,


 9                 CHIEF ENVIRONMENTAL SCIENTIST,
   i

10             MICHIGAN WATER RESOURCES COMMISSION,


11                      LANSING, MICHIGAN
   |
12

   l|
13 ;            MR. FETTEROLF:  Mr.  Chairman, conferees, ladies
   i
   i
14 j  and gentlemen.

15 i            The common practice  at the utilities  and industries
   i
16 |  using water  as  a  coolant  is to introduce  chlorine intermit-
   i
17   tently into  condenser  tubes as an antifoulant.   Field investi


     gations by biologists  on  the  staff of  the Michigan Bureau  of


     Water Management  in the fall  and winter of  1971 —
   I
   i

20             MR. PURDI:   Carlos,  do you have copies of  that to


21   pass  out —  that  report that  you are reading now?


22             MR. FETTEROLF:   I don't  think  so.


               MR. PURDI:   If  you  don't know,  I  don't!


               MR. FETTEROLF:   That is  what the staff did.


 5 ;             Field investigations by  biologists on the  staff

-------
   	637





 1                            C.  Fetterolf



 2    of the Michigan Bureau of Water Management in the fall and



 3    winter of 1971  indicated that  chlorinated compounds dis-



 4    charged  in powerplant condenser cooling waters could be toxic



 5    to fish  life.   An  Environmental Protection Agency grant was



 6    obtained to study  in greater depth the effects of these



 7    intermittently  discharged chlorinated compounds to fish life,




 $              The objectives of our proposal were to determine



 9    chlorine toxicity  to various fish species, document any



10    seasonal variations in toxicity and note any fish avoidance



11    behavior.   A further objective was to establish statewide




12    water  quality standards  for chlorine discharges.



13              To date, work  has been conducted at the Campbell



14    and Cobb plants in the Lake  Michigan Basin, Karn and Weadock



15    plants in the Saginaw Bay Basin, Connors Creek .plant in the



16    Detroit  River Basin, and the Monroe plant in the Lake Erie



17    Basin.  These plants were selected to include different intake



1^    and receiving chemical water qualities, a variety of fish



19    life and variety of physical receiving waters.  Caged fish



      studies  will be conducted at each plant 4 times during the



      coming year. In these studies, various fish species held



22    in cages in the condenser cooling water channel and receiving



 3    water  are exposed  to the cooling water discharge containing



      chlorinated compounds.   Throughout each exposure period,



      the chlorine concentrations are measured with an amperometric

-------
                                                      	633


                             C. Fetterolf

 2   titrator.

 3             Preliminary results indicate that during the

 4   summer months temperature of the discharge is the most

 5   critical factor affecting survival of salmonid species.

 6   Fish  species that are resident in the discharges at this

 7   time  — white bass, gizzard shad, sheepshead, catfish, gar,

 8   pike,  carp — are able to survive the increased temperatures

 9   and the low level chlorine concentrations.

10             To date,  caged fish results using brown trout» when
 * i
11   discharge temperatures were suitable for their survival, were

12   obtained at Campbell plant on Lake Michigan.  Significant

13   brown trout mortality was observed throughout the mile-long

14   channel during chlorination.  There was a slight decrease in

15   mortality at the farthest downstream station.  No mortality

16   of brown trout was  seen at either control station.  Similar

17   results were obtained with the fathead minnows.  No stations

1^ i  could be placed in  Lake Michigan due to high waves.   Subse-

19   quent monitoring showed that the chlorine plume extended

20   into  the lake approximately 600 to BOO yards.

2i |            Skindivers made observations of fish behavior in

22   the Campbell plant's discharge channel throughout one

     chlorination period.  Resident fish — mainly alewives —

     in the channel became very excited when the peak  chlorine

25
     concentration was reached, but returned to normal immediately

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   „	639





 1                            C.  Fetterolf



 2    after passage of the  chlorine  slug.   Similar behavior by



 3    rainbow trout and white  suckers was observed by divers



 4    during chlorination at the  Big Rock plant on Lake Michigan.



 5              In summary, preliminary results of this work



 6    indicate that concentrations of chlorine toxic to salmonid



 7    fish do occur in powerplant discharge channels.  The present



 8    policy of restricting intermittent discharge of chlorine to



 9    levels less than 0.5  mg/1 for  no more than  30 minutes in any



10    2-hour period may have to be modified.  Our preliminary



11    results show acute toxicity to brown  trout  exposed inter—



12    mittently to as little as 0.07 mg/1 of total chlorine for



13    a 96-hour period.



14              Our work with  fish more tolerant  to temperature



15    and chlorine (fathead minnows  and sunfish)  has been incon-



16    elusive but indicates less  of  a problem than for the



17    salmonid fish.



1°              During summer  months, temperature in these channels



      prohibits fish that are  more sensitive to chlorine from



20    inhabiting the area.



                We will continue  this project during the coming



      fall and winter months when salmonids can and do inhabit



      the channels and plumes. We will then be in a much better


2L
      position to recommend limits on levels and  duration of


25
      chlorine discharged by Michigan powerplants.  It appears

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                                                              640





 1                           C. Fetterolf



 2   that each plant will have to be evaluated and limits applied



 3   on a seasonal or monthly basis.  The actual limits recom-



 4   mended at a given plant will reflect the intake and receiving



 5   water qualities, fish  species and life stages present, the



 6   peculiarities of the particular cooling water discharge



 7   system, and the physical characteristics of the receiving



     water body,



 9             That concludes my statement, Mr. Chairman.



10             MR. MAYO:  Any questions or comments, gentlemen?



11             MR. BRYSON:  As a way of comment, I would like to



12   point out that on page 115 of the "Summary of Recent Tech-



     nical Information Concerning Thermal Discharges into Lake



     Michigan" by the Argonne National Laboratory, there is a



     comment on the chlorine levels that Dr. William Brungs has



     found applicable to water quality criteria in Lake Michigan.



               Dr. Brungs is on the staff of the National Water


-i rt

x    Quality Laboratory at  Duluth, and these values do provide



     guidance for acceptable levels of chlorine in the receiving
   i

20 i
     waters of Lake Michigan.

   I


21             MR. FETTEROLF:  And by way of comment, I have


22
     worked with Dr. Brungs when a panel named by the National


23 '
   !  Academy of Sciences was  trying to decide on the water


24
     quality criteria for chlorine in intermittent dosages after


25

     short time periods, and after Dr. Brungs had reviewed a

-------
   	641




 I                            C.  Fetterolf



 2    great deal of information — about all there was available —



 3    and had reached his decision, recent information provided



 4    by the Michigan Water Resources Commission staff caused him



 5    to alter   his recommendation in a downward, more conserva-



 6    tive way.



 7              MR. BRYSON:  Do you have those figures available



 $    on how he did revise that?



 9              MR. FETTEROLF:   That information is not public



10    information yet to me.  I believe his final recommendation



11    to you included some of our information.



I2              When did he give   his  final information to


13    you?



14              MR. BRYSON:  This is dated December 20, 1971.



15              MR. FETTEROLF:   It has been changed since then.



16              MR. BRYSON:  Okay.  We will communicate with Dr.



17    Brungs and get the latest information and transmit it to



      the conferees.



                Carlos, Mr. Zar just pointed out, in the Argonne



      report, the National Water Quality Laboratory recommenda-



21    tions were reissued about June 1972.  There were no changes


22
      in the specific recommendations.



23              MR. FETTEROLF:   Well —

/-M  i

                MR. BRYSON:  Either way I will check with Dr.


25
      Brungs and transmit the required information to the

-------
                                                               642
                              R. Purdy
     conferees.
               MR. MAYO:  Any other questions or comments,
     gentlemen?
               Thank you, Mr. Fetterolf.
 6
 7                  STATEMENT OF RALPH W. PURDY,
                         EXECUTIVE SECRETARY,
 9              MICHIGAN WATER RESOURCES COMMISSION,
10                       LANSING, MICHIGAN
11
12             MR0 PURDY:  In the request for State participation
13   in this  conference, your letter, Mr. Mayo, directed that we
14   report on the rationale and difference between the recora-
15   mendations issued by the Administrator, following the prior
16   session  of this conference, and the water quality standards
17   as they  relate to thermal discharges that were adopted by
     Michigan.
19             In the report that I presented on Tuesday and
20   asked to be incorporated into the record, a comparison was
21   made of  the thermal  standards, as adopted by Michigan, with
     those recommended by the Administrator.   (See pp. 13$a,
23   133b and 13Sc)
 ^             I would like to summarize that briefly, at this
     point in time, and add some additional comments.

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                                    	643





 1                            R. Purely



 2             With respect to the mixing zones, the Michigan



 3   Water Resources Commission did not adopt the recommendation



 ^   of the Administrator as it related to a maximum distance of



 5   1,000 feet from a fixed point adjacent to the discharge.



 6   The mixing zone criteria that Michigan adopted is as




 7   follows:



 g             The mixing zones for thermal discharges will be




 9   established on a case-by-case basis and will be designed to



10   minimize effects on the aquatic biota in the receiving waters



11   and to permit fish migration at all times.  Configuration



12   will be based on the physical characteristics of the receiv-



13   ing water body and the biological importance of the area to



14   be protected, such as spawning areas, migratory routes, etc.



15   Within mixing zones, other standards than those presented



16   may be applicable but will not interfere with the designated



17   water uses for the area.



1&             The Michigan Water Resources Commission, at the



19   time that it adopted this  criteria, felt that on the basis



20   of the information that had been presented to them at the



21   public hearing, that such  a criterion represented a reason-




22 I  able approach to the thermal discharge matter.     In fact,



     it appears to be quite  similar to the recently  announced




     position of  EPA as it relates  to thermal  discharges and



     as that  policy is  shown in the report that EPA  has presented

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                                                               644
 1
 2
 3
10
11
12
13



14



15



16
17
19
20
21
22
                          R.  Purely
     to this conference.
          The Commission,  in adopting this on a case-by-case



basis fully recognized that you could not treat each indi-



vidual discharger as a case by itself without some consider-



ation being given to the effects of a number of cases on



that particular body of water.  And, in fact, later on in



the standard adopted by the Commission, they addressed



themselves to that problem in the same fashion that the



Administrator's recommendations had the nonproliferation



statement.



          For the southern portion of Lake Michigan, the



standards adopted by Michigan in the way of a monthly



maximum temperature are identical to those recommended by



the Administrator,



          For the northern portion of Lake Michigan, the



information that we have available to us, and that was



presented to the Commission, indicated that this particular



portion of the lake could be maintained and should be main-



tained at a lower temperature than the southern portion of



the basin and the standards adopted for that sector of the



lake are somewhat lower than those — that is a lower
 ^   temperature as a monthly maximum was adopted by Michigan.


7L \
 *             The criteria with respect to water intakes,


25
 '   although worded somewhat differently, I think contains

-------
   	645_





 1                             R. Purdy




 2   the essential requirements of the Administrator's recommenda-




 3   tions.



 4             The same pertains to the geographic area affected



 5   by the thermal discharge.



 6             With respect to backfitting of existing plant



 7   discharges, the Water Resources Commission did not accept



 8   the recommendation to require backfitting, but determined



 9   that on a case-by-case basis that the need for such back-



10   fitting would be determined in view of studies that were



11   being required of the discharger, and further by studies



12   conducted by the Michigan Water Resources Commission, and



13   any other such information that would be available to them




14   by studies conducted by others.



15             With respect to the moratorium or so-called



16   nonproliferation of new plants on Lake Michigan, this was



17   agreed to and incorporated in the Michigan Water Resources



13   Commission requirements as a moratorium for a 5-year period



19   at which time a reevaluation will be undertaken to see




20   whether or not that policy should be modified in view of



21   the information then available*  In no way does this indi-



22   cate, at this point in time, that the Water Resources Com-



 ^   mission does not intend to continue that restriction.  It



     indicates only that, at that time, the Commission will



     establish this as a point certain, that the thermal

-------
                               	646





 1                             R. Purdy



 2   temperature standards would be reevaluated and,  in fact,  all



 3   standards, other than thermal standards, will be reevaluated




 ^   on a routine basis.



 5             In the comments as to the Commission not adopting



 6   a reporting requirement in its standards, a reporting require-



 7   ment is included in the Michigan statute and, as such, it is



 g   not repeated in a standard.  In fact, if the Commission had



 9   attempted to adopt this as a part of an administrative regu-



10   lation, it would have been stricken from that regulation by



11   our Legislative Service Bureau in its review of those




12   regulations.



13             Pre- and post-operating studies are included by




14   an order of the Water Resources Commission. Those studies



15   — that is pre- and post-studies by the discharger — those



16   studies are under way; information has been developed; and



17   periodic reports have been filed with the Commission.



               That completes the State report at this time.



19             MR. MAYO:  Any comments or questions,  gentlemen?



20             MR. McDONALD:  Mr. Purdy, in regard to the mixing



21   zone question, in actual fact, in relation to the Donald C.



22   Cook plant and the Palisades plant, have you applied your



     mixing zone criteria to establish the zone of mix for those




     two plants?



               MR. PURDY:  Modeling studies were conducted by

-------
    _^	647


                               R. Purdy

     both proposed dischargers and,  on the basis of those modeling

     studies, a mixing zone of the size identified by those

     modeling studies has been established.

               The Commission reviewed the modeling studies and,

     on the basis of information that was available, at that

     point in time, did not feel that it was necessary to restrict

     the size of that mixing zone to an area less than that shown

     by the modeling studies.

10             MR. McDONALD:  What does that mean, that there is
 >»
11   no definable mixing zone there; you have not restricted them?

12             MR, PURDI:  No, sir,  that does not mean that.  In

13   both cases, a mixing zone defined as — I can't remember

14   whether it is acres or square miles — has been identified.

15             MR. McDONALD:  Well,  relating it to the 1,000 feet

16   that was recommended by the conference, what type of footage

17   are we talking about?

IB             MR. PURDY:  In both cases, it would be consider-

!9   ably larger by several orders.

20             MR. McDONALD:  Do you have those figures?

21             MR. PURDY:  I do not have those available.  I can
   I

22   furnish them  to the conferees.

23             MR. McDONALD:  I think that would be helpful.

24             MR. PURDY:  I  should add that the Commission, in

     its  studies,  has  engaged the services of Willow Run

-------
                                                               643

                               R.  Purdy
 2   Laboratories to do remote sensing on thermal plumes to  the
 3   Great Lakes so that it will have this information available
 4   to them to add to its ground studies that its staff is  con-
 5   ducting
 6             MR. McDONALD:  How will you enforce a violation
 7   of mixing zones if one of these plants violates your mixing
     zone area?
 9             MR. PURDY:  I think two considerations will be
10   necessary:  One, in fact, has an injury occurred due to the
11   fact that the mixing  zone was larger than that indicated by
12   the modeling  studies?  The size of the plume will have to
13   be determined by surveys and, in this case, the most expe-
     ditious  means of determining the  size of  that  plume
 ^   will be  by  aerial  remote  sensing techniques.  However,
16   this will not satisfy the requirement for a determination
     of the effect of the  plume during the winter operations and,
     as such, that plume will  have to  be  studied from boats and
19   with depth  thermometers  if,  in  fact, we  can do this  during
   |  the winter  months  on  the lake.
   I
21             MR. McDONALD:   Does this  really mean,  in effect,
   j
22   then,  that  the mixing zone — the real  extent  of the mixing
23    zone will  not be established until  the  plants  are  fully
      operable,  and until there is sufficient  year-round evidence
25    of the type of discharge that they  have in  terms of plumes?

-------
 4
 5
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
	649
                          R. Purdy
          MR. PURDY:  The final proof will not be in until
 those  plans  are  in  operation and you can, in fact, observe.
          MR. MCDONALD:  How long will that be?
          MR. PURDY:  If I knew how long the licensing
 procedure was going to take I might have a better means of
 predicting that.  (Laughter)
          MR. McDONALD:  Let me phrase the question another
 way:   How long will that be once the license is granted,
 assuming that it  is granted, along the lines of your mixing
 zone?   How long  before you know what the extent of the real
 plume  is and what the extent of the damage may be so that
 you can enforce  anything beyond that zone?
          MR. PURDY:  The thermal plumes for the Palisades
 plant  at a 60 percent power level are being observed at the
 present time.  So that at least at the 60 percent level that
 information  is being accumulated now, and the plant only
 reached the  60 percent power level this year.  So that
 it will be accumulated — that information will be accumu-
 lated  as soon as the plant goes into operation.
          With respect to the Cook plant, the Water Resources
 Commission,  in its  order, as it relates to that plant,  set
 an outside limit of 2 years when it would evaluate the
2/4- i|   effects of that discharge, as shown by the study.
               However, again, periodic reports are being filed,

-------
     	         	650



                               R. Purdy


     and the Commission, when it set the 2-year date as an out-


     side limit, made it clear that, at any time  the  periodic


     reports showed that there was a significant increase to Lake


     Michigan, it anticipated taking immediate action requir-


 6   ing remedial facilities.


 7             MR. McDONALD:  Well, let me ask, again, now:  How


     long will it be after the plant is fully operable that you


     will impose a mixing zone with some precision so that a


10   discharger and others know what that zone is?  You say a


11   2-year period of evaluation.  Is that the time it is 100


12   percent operable?


13             MR. PURDY:  That is an outside date.  If, at any


14   point in time the  studies show an injury and that there is


15   a need to take remedial action, it will be taken then.


16             MR. McDONALD:  Now, an injury to what?  Where?


17   Outside the mixing zone?  Inside?


               MR. PURDY:  If the injuries that take place within


19   the mixing zone are such that they impair the total ecology
   i

2° j  of Lake Michigan,  it will be taken on the basis of the effect


21   within the mixing  zone.


22             ]y[R. McDONALD:  What do you mean by "total ecology


     of Lake Michigan?"


               MR. PURDY:  This morning we heard reports from


     Mr. Barber on the  number of fish fry, eggs, adult fish, that

-------
                                                               651





                               R, Purdy



 2    could be killed either by impingement on the water intake




 3   .screen, by thermal shock after traveling through the con-



     densers, or by chlorination — all of those things must



 5    be  considered, And if a determination is made that those



 6   will have a significant effect upon the fishery of Lake



 7   Michigan I fully expect the Water Resources Commission to




      take action.



 9             MR. McDONALD:  Now, where is that information



10    going to come from in toto — the total impact upon the lake?



11             MR. PURDY:  That information is going to come from



12    Water Resources Commission staff employees.  Hopefully we



13   will have the benefit of the experience of others, including



14   Mr. Barber and his colleagues, in evaluating that data.



15             MR. McDONALD:  Well, I know of no overall program



16    at  the  present time that is on the horizon, that is funded,



17    that has been agreed upon to assess this total impact upon



      the lake, that you would relate these discharges to.



19             Maybe I am wrong on that, but I don't know.  Do




20    you, Mr. Mayo?



21             MR. MAYO:  No, I am not aware of any.



22             MR. McDONALD:  I am not saying we shouldn't have



      one, but if you are going to assess this discharge and the



      severity of it to the total impact of the lake, it seems



2 5    like we need a program for the total lake, that we certainly

-------
                                     	652





 i                             R. Purdy



 2   don't have if that is your criteria for assessment,



 3             MR. PURDY:  It seems to me this is what we are



 4   interested in,



 5             MR. McDONALD:  I am pursuing this point for this



 6   reason, Mr. Purdy — and I was not a part of the delibera-



 7   tions at the last conference.  But I do know, on the basis



 3   of the record, that the mixing zone that was decided upon



 9   — 1,000 feet fixed point — was given a good deal of



10   thought, and it was based upon minimizing damage to aquatic



11   life and for ease of enforceability.  And, as you know, if



12   you have got a regulation and you can't enforce it because



13 |  of the difficulty of enforcing, and the lack of evidence to



14   enforce it, it is a very difficult regulation when it comes



15   to meaning something.



16             So your regulation, if the prime emphasis on



17   enforcing it is going to be the total lake program — unless
   11
   j

1° |  I am missing the point here — it is going to be extremely

   li

19 |  difficult to enforce because we don't have a total lake

   i


20   program,



21 |!            MR. PURDY:  Well, I feel very uncomfortable in

   ; i

22   recommending to my Commission that it adopt, or that it


97 1
*•-> \  adopt a particular requirement for the sake of ease of



     enforceability,



 *             Occasionally the requirements of the Commission

-------
   n	653





 1                             R. Purdy



 2   are challenged in the courts, and unfortunately the Coramis-



 •3   sion does not sit on the witness stand;  its staff sits on



 ^   the witness stand.  And when I am on the witness stand I



 5   would like a rationale better than "ease of enforceability"



 6   as to why a particular requirement was,  in fact, adopted.



 7             MR. McDONALD:  Well, I think,  when I explained



 $   "ease of enforceability,*1 I was talking beyond enforce-



 9   ability.  I said that you conferees at the last session



10   based this mixing zone on damage to aquatic life, and



11   attempting to minimize that damage by establishing the



12   1,000 feet; at the same time having a fixed footage that



13   would be recognized throughout the lake as a uniform



14   parameter and thereby having a precise zone for enforce-



15   ment and outside that zone would constitute a violation.



16             MR. PURDI:  As I recall that last session of the



17   conference, we conferees were faced with a Federal recommenda-



     tion that we received the night before the session, and that



19   at the close of the session we did, in fact, agree to present



20   those, if the Administrator concurred in them, to our



21   respective States for their adoption under State and local




22 i  law.



23             i do not remember any great amount of deliberation,




     either privately or in the record, that would support the




     particular rationale of  1,000 feet.

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                                                  	654





                              R. Purdy



               MR. MCDONALD:  Well, I won't debate that, although



     I have been advised that there has been considerable thought



 4   given to the 1,000 feet,



 5             A thousand feet does sound very precise.  I think



 6   maybe I would agree with you if it was 998 feet, you would



 7   think a great deal of thought went into that.  (Laughter)



               Let me move on to one other point, Mr. Purdy.



 9             In terras of Recommendation III of the conference —



10   that is Roman III — relating to corrective action for water



11   intakes to minimize entrainment and killing of fish on in-



12   takes — have there been reports of such entrainment, such



13   fish mortalities in fisheries at Consumers Power Company's



14   Campbell plant?



15             MR. PURDY:  Well, many of the references cited



16   by — not many, but some of the references cited by Mr.



17   Barber, and some of the references cited in other informa-



     tion that has been presented to this conference, have been



19   gathered by the members of the Water Resources Commission



20   staff in its studies.



21             The full report shows that the Michigan Water



22   Resources Commission has initiated a program to determine



23   the significance of intake mortalities to fish and other




     aquatic life.  Present studies under way at two existing



     facilities will also give a better indication whether intake

-------
                                                               655





                               R. Purdy



 2   structures are detrimental to aquatic organisms which pass



 3   through them.




               Sometime ago,  Michigan asked your office if it



 5   had information that would help them guide their studies



 6   and to evaluate the adequacy of present intake structures




 7   as it relates to minimizing the entrainment of organisms



     drawn into those structures.



 9             If you have such information available to you,



10   to aid us in our studies, we would appreciate that




11   information.



12             MR. McDONALD:   We will look into this and pursue



13   it again, if we do.



14             Are you saying, then, that at the present time



15   that Michigan does not have a program to reduce the entrain-



16   ment damage to desirable aquatic organisms?



17             MR. PURDI:  We have studies under way to determine



     whether or not this is a problem at the various intakes,



19   and hopefully this will give us some guidance as to the type




20   of intake structure that is necessary to minimize the



21   entrainment.  But we do not have a corrective program under



22   way at the present time because I do not have the criteria



     from which an evaluation can be made.



               MR. McDONALD:  Well, is the company independently




     doing anything — the individual companies — because Mr.

-------
                                          	656





                               R. Purdy



     Barber's report talks in terms of deaths of hundreds of



     thousands of fish.



               MR. PURDY:  Well, Mr. Barber's report also talks



 5   about the independent studies that were being conducted by



 6   several of the companies and, again, those studies have



 7   been developed as a part of a cooperative effort between



     those water users, our Fisheries Division of the Michigan



 9   Department of Natural Resources and, in turn, some Federal



10   representatives, to advise that discharger or that water



11   user on the type of studies that it should be making to



12   determine whether this is a problem, and the remedial action



13   necessary if a problem is found.




14 I            MR. McDONALD:  Are the power companies themselves



15   exercising any initiative in trying to solve what; appears



16   certainly to be an apparent problem?



17             MR. PURDY:  They are the ones making those



     studies.



19             MR. McDONALD:  Are you hopeful for some solution



20   in the fairly immediate future?



21             MR. PURDY:  It will depend upon the information



22   that those studies develop and how complicated the remedial



23   action might be.




               MR. McDONALD:  One final area, Mr. Purdy:  Michi-



     gan, as I understand your standards, ho.s declared a

-------
    	657
 1                             R.  Purdy
 2   moratorium on the construction or approval for construction
 3   of new powerplants until 1975?
 4             MR. PURDY:  This is new powerplants that include
 5   a once-through cooling system with discharge into the Great
 6   Lakes.
 7             MR. McDONALD:  Now, what will happen in 1975 and
 g   why was that date set?
 9             MR. PURDY:  As a date certain by which this will
10   be evaluated by the Commission on the basis of studies and
11   information available to them at that time*  I can't predict
12   what will happen.  However, I would assume that if the
13   information that is developed confirms the fears and the
14   projections of damage that have been presented to this
15   conference and to prior conferences that that prohibition
16   against the use of the once-through cooling system will be
17   continued, and, in fact, it may even be made more restrictive
13   in view of the technology that might be available at that
19   time to provide cooling systems that would fill the need
20   of that particular thermal discharger.
21             MR. McDONALD:  Thank you, Mr. Purdy.  I think your
22   answers have been complete on a very difficult and complex
23   subject.
24             i am still bothered about this  question of enforce-
2 5   ability of mixing zones, very much so.

-------
           		653





 1                             R. Purdy



               MR. MAYO:  Mr. Purdy, I have a question, if I may.



 -2             I think it may be helpful to the conferees to have



 • _   a little better insight into what the review process has



 5   been in Michigan with respect to the models of the discharge




 6   facilities.



 7             Did the State apply to a given model a variety of




 g   discharge configurations, or did the State review a specific



 9   configuration proposal by the discharger and not get involved



10   in a comparative evaluation of alternative discharge config-


 *i

11   urations?



12             MR. PURDY:  Well, the modeling studies were per-



13   formed by the thermal discharger.  The extent of those



14   modeling studies depended upon the particular situation,



15   as it related to the Palisades plant.



16             When those modeling studies were conducted, the



17   outlet structure was, in fact, in place, and therefore the



18   study was made on that particular outlet structure.



19             Further,  at that point in time, a decision had



20 i  been reached to modify that once-through cooling  system to

   i


21   a forced draft wet  cooling system, so that the once-through




22   cooling system won't apply, on an interim basis,  I believe,




23   until 1974.


01  '
*•+             The modeling studies for the Cook plant were con-



25   ducted prior to the construction of that outlet facility

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 1
 2
 3
 4
 5
 6
 7
 9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
i
                                                               659
                          R. Purdy
and, in fact, a number of configurations were studied,  and
the size of plume that each configuration would have was
reviewed with members of my staff.    A decision was reached
as to which would be likely to have the least impairment
upon Lake Michign water quality, and then that particular
configuration was selected for more detailed studies.
          MR, MAYO:  Just by way of observation, Ralph,
each one of us who shares the responsibility of trying to
reach some balance between what is a reasonable burden for
the discharger to assume and what is a reasonable burden
for the regulatory agency to assume are always challenged
by what is a "reasonable" balance.
          It seems to me that in this instance the State of
Michigan has certainly taken on a rather onerous burden of
proof when it comes to making a determination of the
extent to which it will judge any damage being done under
those circumstances as the basis for taking some form of
corrective action.  I think it is an onerous burden indeed.
          MR. PURDY:  Your comment there, Mr. Mayo, reminds
me of some earlier statements that have been presented to
this conference.  Number one, that the burden of proof ought
to be upon the waste discharger and should not be a cost
borne by the State.
          On the other hand, there are frequent statements

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                                                             660






                               R. Purdy




     that it is ridiculous for a State regulatory agency or a



     Federal regulatory agency to depend upon information



     furnished to it by the waste discharger, and therefore why




     don't you do something?



               In this case, we are making confirming studies



     but, in turn, the Commission orders require considerable




     pre- and post-operative data, not only on the effluent but



 9   the effect of that effluent upon the receiving body of



10   water to be performed by the waste discharger.  So we hope



11   that we are sharing that burden before one of the waste



12   dischargers points, it out.



13             They are also sharing in the burden of the State



14   cost of performing that surveillance activity beyond what



1$   they would pay and what has been, say, normal taxes — and



16   I  don't intend to call this a tax because our legislature



17   did not call it a tax — but in Michigan an industrial



     waste surveillance fee is imposed,,  That fee is based upon



19   the volume and so-called strength of that discharge.  The



20   purpose of that fee is to finance monitoring and surveil-



21   lance activities by the State — finance  in part — those



22  | activities that are made necessary by the fact that that



23   particular waste discharger is discharging something to




     waters of the State and it is necessary, then, for the State



     to carry out a monitoring and surveillance program.

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                                      	661



 1                             R. Purdy.


 2             MR. BRYSON:  I have one quick question:  The


 3    studies that you and Mr. McDonald were going back and forth


      on — were they on fish mortalities in environmental impacts,


      or are they studies on modification of the intake structures


 6    at Campbell and Palisades?


 7             MR. PURDY:  The first part was the mortalities


      that are caused by impingement on the screens, and so forth.


 9             The second part was  what sort of remedial


10    action can be taken to prevent that from taking place,
   i
11    whether it be bubble curtains, change in the velocities


12    or whatever myriad of actions might be available to
   i

13    us.


14 |            MR. BRYSONj  Okay.  What is the timing on the


15    terminal points on the studies, or is there a terminal point


16    at this stage of the game?


17             MR. PURDY:  No terminal point at this stage in


      the game.  We don't know when we will have all of our


19    answers.


20             MR. McDONALD:  Mr. Purdy, if, when all of the


      returns are in, and you have a mixing zone, and if you are


      able to assess total impact upon the lake in the studies


      that are not yet designed — I don't know if they are on


      the horizon — but if all these things  come to be, would


      you require,  if substantial damage was demonstrated, a

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                                                               662
   ,           ,                  _______      _ __    _



 -j_                             R. Purdy



 2   company to backfit?


 3             MR. PURDI:  The Water Resources Commission has,



 4   for example, notified the Indiana-Michigan Electric Company



 5   that if such studies do, in  fact, show that, that it will



 6   be required to backfit, and  it has requested and has received



 7   from that company plans by which  it  would progress toward



 8   that backfitting; the plans  are on the shelf ready to  be



 9   used,  so that there will not be a delay  for preparation of



10   plans.  A contingency plan is on  the shelf.



11             MR. McDONALD:  Again, in closing, I think the



12   thing  that really is troublesome  here is finding when  you



13   would  trigger the action to  put those plants into place.



14 I  I  frankly do not see the triggering  mechanism that you may



15   think  is there.


16             MR. PURDI:  I am confident that if we don't  find



17   it that you will help us find itj (Laughter and applause)


               MR. McDONALD:  I didn't realize you brought  that



19   big a  contingent down from Michigan.



20             MR. PURDI:  I think that was your family.



2i   (Laughter)



22             MR. McDONALD:  I am sorry. I  missed that.



               Well, that is a  good happy note to end on.



               MR. PURDI:  I would also point out that  if the



     mixing zone does, in fact, happen to be  larger than that

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 2
 3



 4



 5



 6
 7
 9
10
11
12
13
15



16
17
20    happened.

 ^
	663




                          A. Voita



 established  by the order, that under Michigan statute this



 would require them coming back to the Commission, and we



 will  have  another crack  at whether or not it should be
      enlarged.
               I would like to call upon Alma Voita, at this
     point  in time.
                     STATEMENT OF ALMA T. VOITA,



                         BRIDGMAN, MICHIGAN
               MRS. VOITA:  Alma Voita from Bridgman, Michigan.



      I  am  just an  angry housewife.  And when you add to that,



      that  I  am a grandmother, you will know just how angry I am,



      because I am  only concerned about my grandchildren and all



      of the  children  of that generation.  And I want to say to



      y0u men sitting  at this table:  I hope each one of you



      realizes just what you are going to have to account  for if



      anything worse happens to this lake than has already
                And I  just  can't  see how, when you listened to
      the report  — was  it  of Dr.  Stoermer  — and realized that



      the algae in this  lake is already  beyond the danger  level,
01

      how in this world can the addition  of  heat  to  any  part


25
      of the water of Lake Michigan help?

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                                       	664





 •^                             A. Voita



 2             Now, it seems to me that we are here to save the



 o   lake, to keep it from getting worse.  Now why aren't we



 i    willing to take the steps that are going to do that?



 5             Just as Mr. Purdy was talking, I was thinking that



 ^   if — supposing the Donald C. Cook plant was in operation



 7   and it was discovered that all this harm was being done.



 g   Do you know how long it would take them to correct that



 9   matter?  And  do you know all of the additional destruction



10   that would go on in the lake in this southern end of the



11   lake that is  completely — it is  completely impossible to



12   reverse the effects that take place here.  We have heard



13   this for years.



14             I have attended almost  all of the conferences



15   that have been held and I have listened time after time to



16   this type of  evidence.     It seems to me it is about time



17   that we are taking cognizance of  this fact.



IB             Now, I wrote a statement, and you can all sit



19   back because  there is nothing technical in it.  You don't



20   have to think of a thing except just maybe a little bit of



21   something to  your conscience.



22             Now, besides this heat  going on in the summer



23   months, there is also the fact that the heat would be going



24   on in the winter months.



               We, who — I will start out this way though,

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                                                     	    665





 1                             A. Voita



 2   telling you that we have had a summer home on Lake Michigan



 3   just a mile south of the Donald Cook plant for 22 years,



 4   and just this last summer we remodeled so that we are going



 5   to have that for our permanent home.




 6             Now, we realize — all of us who live within a



 7   radius of maybe 5 miles from the plant — how much that ice



     cap on the water during the winter months means to all of us



 9   in the way of erosion to the beach.  Now all of these



10   billions of gallons of hot water going into the lake hour



11   after hour, day after day, year after year, and in the



12   winter months, it would completely alter this condition that



13   is so beneficial to us.



               I had this sort of organized and it is a little



15   bit difficult.



               We who live on the lake have riparian rights.   Now



17   my understanding of our riparian rights is that each owner



     of property with this right has the right to have a peaceful



19   and safe enjoyment of his home.  And I think that this is



     guaranteed by the United States Constitution.




               Overuse  and misuse of a body of water can cause


Op I
^   damage to property values and is a violation of the law of



 3   riparian rights.


2.L
 ^             Now it seems to me that the preservation of the


25
 J   environment should be the primary concern of the governing

-------
                                         	666


                               A. Voita

     bodies of our land.  The waters of Lake Michigan are Federal

     waters and the lake belongs to the people to use and enjoy,

 4   and it is their right not to have it jeopardized at any

 5   time.  We have the right to expect our government to pro-

 6   tect our rights and interests at all times.

 7             Now, I was present at the hearing in regard to the

     Palisades plant, and it seemed to me at that time that it was

     absolutely unfair to think that a group of citizens and

10   environmental groups had to go to the expense and all of

11   the effort to take the master to court, to the law, to

12   employ lawyers, to bring about what it seems to me our

13   governmental bodies should do for us;  i.e., take care of

14   our rights.  And finally it was done in this manner, and the

15   Palisades plant is required to put up cooling towers.  But

16   in the meantime they are using the lake for once-through

17   cooling until they get this done, which I don't know when

     it will be.

19             I want you to know that we — and I am speaking

20   for people all along the shore —• are not opposed to the use

21 j  of nuclear power for the purpose of generating much needed
   i
22   electricity.  We are willing to live in the shadow of a

23   t)ig powerplant, like the Donald C. Cook nuclear plant, the

     largest being constructed on Lake Michigan, realizing fully

 ^   the hazards that it entails.

-------
                                                              66?





                               A. Voita




               But we are opposed to once-through cooling involv-



      ing the  introduction of quantities of heated water into the



      lake.  We are opposed to any radioactive discharges into



 5    the lake involving potential hazards which can never be




 6    retrieved.  We are opposed to any tampering of the lake



 7    which  already is in a condition of eutrophication beyond



      redemption.  And, finally, we are opposed to the apparent



 9    permissive policy of our governing bodies.



10             Now I realize that you men have put in a great



11    deal of  time and effort into this problem.  I know that it



12    has been a year and a half since the first enforcement con-



13    ference, and I realize that you have been thinking about




14    this and working on it ever since.



15             Isn't it time that a definite standard be made



16    that will really assure us that nothing worse than has



17    already  happened will happen to our lake?



               Thank you.



19             MR. PURDI:  Mrs. Voita.  Correct me if this is



20    not your understanding, but, for the purposes of correction



      or correctness of the record as far as the conferees are



22    concerned, is it not true that the citizen intervention in



      the Palisades matter was at the AEG licensing hearing level,



      and that this matter was resolved by agreement between the



      intervenors and the Consumers Power  Company at that level,

-------
                                        	663

 1                          0. Petersen
 2   and that the cooling towers were not established as a re-
     quirement of a court decision?
 4             MRS. VOITA:  I believe that is so.
 5             I felt very sorry to realize that Indiana feels
 6   that they would not have had to have done this, because I
     think they are doing absolutely the right thing, and it just
 8   seems to me that they should be commended for having done it
 9   in spite of the fact that they might not have had to, and
10   I believe that is true.  I believe what you say is absolutely
11   true.
12             MR. PURDY:  It was not a decision that was found
13   to be necessary by the court.  It did not reach that stage.
14   It was an agreement between —
15             MRS. VOITA:  Well, it seemed to me that Palisades
16   could not come through with any evidence that proved that
17   they were not going to harm the lake.  Therefore, they
     agreed.
               MR. PURDY:  I would like to call on Mr. 0. K.
20   Petersen of Consumers Power Company.
21
22             STATEMENT OF 0. K. PETERSEN, ATTORNEY,
23                    CONSUMERS POWER COMPANY,
                         JACKSON, MICHIGAN
25

-------
                                        	669
                            0. Petersen
               MR. PETERSEN:  My name is 0. K. Petersen.  I am
     an attorney for Consumers Power Company.
               We have passed, out a copy of what we propose to
 5   say today.  We will not say all of that in order to conserve
 6   time and perhaps be one of the first to do so.
 7             MR. MAYO:  Do you want this printed statement
     introduced as if read?
 9 |            MR. PETERSEN:  Virtually yes.  I will make some
10   small  changes in the statement as I go.  I will be reciting
11   much of the first, second and seventh pages.
12             (Mr. Petersen's printed statement follows in its
13   entirety.)
14
15
16
17
18
19
20
21
22
23
24
25

-------
                            CONSUMERS POWER  COMPANY
                                 STATEMENT TO
                    THE LAKE MICHIGAN ENFORCEMENT CONFERENCE
                              Chicago, Illinois
                            September 19-21, 1972
          The Report of the Environmental Protection Agency to the Lake

Michigan Enforcement Conference on (the)Thermal Question, September, 1972

provides a brief section as background on the history and workings of

the Conference.  While it would not be appropriate to give a critique on the

entire history, the remarks concerning the last session, which occurred on

March 23-25, 1971, do require comment.
                                                                 2
          It is stated that the report of the Technical Committee authorized

at the October 29, 1970 Executive Session was presented at the March 23-25,

1971 session and then "on the basis of the full discussion on the question,

the conferees made certain findings and recommendations" which were sub-

sequently approved by the EPA Administrator.

          In fact, at the March 23-25 Conference the Federal Conferee presented

a new position, prior to any discussion and quite unrelated to the Technical

Committee Report.  That position was pushed through the conference before it

could be carefully evaluated, with the Federal Conferee explaining that the

EPA position was that it was anxious to have the states employ the EPA

"recommendations'1 and would "employ the full extent of the administrative and

the legislatively defined processes that are available to the Environmental

Protection Agency to achieve that end.   The arbitrary circumstances under

which the findings and recommendations at the last conference were promulgated

should cause no one to wonder that the states have in large measure rejected

them.

          We would also take issue with the inference on Page 11 and in

Tables I - IV that the latest recommendations of the Enforcement Conference

-------
                                                                         2

are "established requirements."  The recommendations of the Conference are


only that and require the regulatory authority of the states for implementation.


In this regard, it is our position that the procedure for enforcing Enforcement


Conference Recommendations, contained in the Refuse Act regulations, is invalid.


          There are some items of technical information upon which we would


like to comment as the result of a review by Consumers Power Company's technical


experts.  Some involve relatively minor corrections or elaborations on the

                h
"Argonne Report' and the others are to advise you of additional information


that might be considered in this review.


          Beginning on Page 8 and again on Page 36 of the Argonne Report,


mention is made of a study and report by the University of Michigan Willow


Run Laboratories involving numerous multispectral aerial scanning observations


along the eastern shore of Lake Michigan during the spring thermal bar develop-


ment period in 1971.  The power plants covered included the J.  H. Campbell Plant,


the Michigan City Plant and the Bailly Plant.  The project involved 17 separate


flight lines and a total of 80 sets of data for all of the lines, the processing


of which "showed no evidence of any water masses that could be  attributed to


the effect of warm water discharges from power plants into the  lake."


          We believe the importance of this work warrants its inclusion into


the record of this conference.  The original copies include a large number


of color photographs which would aid the reader in interpretation, however,


the black and white copies provided show or describe the major  features of


interest.  Color copies can be provided on loan should any of the conferees


desire.  It should also be noted that in connection with the Willow Run aerial


flights numerous water samples were collected by field personnel for correlative


study.  Detailed phytoplankton data and other water quality observations are


included in the Benton Harbor Power Plant Limnological Studies  Part X, Cook


Plant Preoperational Studies 1971, Special Report No. M*, Great Lakes Research


Division, The University of Michigan, August 1972.

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                                                                         3


          On Page 28 of the Argonne Report there is mention of a tabulation


of one month's growth of periphyton in the Palisades area during May -


August 1969 which appears in the supplement to the Environmental Report for

          7
the plant.  Actually, the quantitative data referred to, include nine separate


samples at various periods; May-June, May-July and July-August.  The same


supplement also includes data on periphyton growth at three locations near


Palisades in May-June, 1968 based on chlorophyll analyses.  Additional


quantitative periphyton data collected near the Palisades Plant in 1970 and


in 1971> before this phase of the program was discontinued, are included in


a Consumers Power Company report to the AEC, entitled "Environmental Impact

                                                            Q
of Plant Operation up to July 1, 1972," dated July 19,  1972.  The technique


of using artificial substrate for monitoring attached periphyton growth in


the vicinity of the Palisades Plant was abandoned in favor of doing detailed


analyses of substrate samples collected along the beach.  Data are not yet


available on these collections.  The above referenced 1972 report includes


recent information on all aspects of the thermal effects study program at


the Palisades Plant and should be consulted for extensions of data referred


to in the Argonne Report.


          The Argonne Report, as well as the Report of  the Environmental


Protection Agency to The Lake Michigan Enforcement Conference on the Thermal


Question, includes the B. C. Cobb Plant in Muskegon, Michigan as contributing


to the thermal loading of Lake Michigan.  This plant is located on the east


end of Muskegon Lake, about five miles from the shore of Lake Michigan, and it


is   inconceivable, either from a theoretical analysis or from the numerous


field measurements that have been made, that the plant  could in any way


contribute preceptably to the "thermal question"of Lake Michigan.  It should


be excluded from any further consideration in this context.

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          On Page 3^ of the Argonne Report reference is made to 1970 and



1971 Water Quality Studies conducted by Consumers Power Company and the


                                            9-1Q
thermal plume measurements contained therein.  In connection with the



reported surveys, various biological collections were made and analyzed



as described in the following reports by Beak Consultants, Inc.



          a)  1970 Biological Survey of Lake Michigan Near Holland, Michigan,



              November 1970.  (includes identification of benthic organisms



              from three replicate collections from each of 13 stations



              sampled offshore of the J. H. Campbell Plant discharge in



              August 1970).



          b)  1971 Biological Survey of Lake Michigan Near Holland, Michigan,



              April, 1970 (includes identification of benthic organisms



              from three replicate collections from each of 13 stations



              sampled offshore of the J. H. Campbell Plant discharge and



              one artificial substrate sampler in the plant intake in



              August, 1971.  Data are also included on fish caught by


                                                                   12
              seining in the vicinity of the intake and discharge).



          c)  Identification of Miscellaneous Pish and Artificial Substrate



              Samples, 1971, April 1972 (includes, for stations on Lake



              Michigan, identification of organisms recovered from artificial



              substrate samplers placed in the discharge of the Big Rock



              Point Plant).13



          It should be noted that additional surveys are being undertaken



this year to provide further data on aquatic characteristics in the vicinities



of these plants.



          On Page ^9 of the Argonne Report, a study conducted by the Michigan


                                                                                Ik
Water Resources Commission in the vicinity of the J. H. Campbell Plant is cited.



There are two statements included in the citation which may be misleading if



considered out of context with the entire report.  In the second paragraph it

-------
                                                                         5




is stated that "Large amounts of filamentous green algae, Cladophora,




were collected in the trawl through the plume area.  The origin of the




algae was unknown."  We believe it should also be noted that another some-




what parallel trawl, also in the plume but in shallower water did not




encounter large amounts of filamentous algae, and that surface water




samples showed relatively fewer numbers of green algae in the vicinity of




the plant than at the control stations.




          In the same report it was stated that increased benthic productivity




in the plant's outfall was the only adverse effect that could be attributed




to the warm-water discharge.  We would note that the interpretation of




adversity is tenuous at best in view of the fact that there were no signifi-




cant increases in total numbers of individuals along the outfall transect




and that practically all of the additional species in this area near shore




are of the intolerant or facultative organism groups.




          On Page 71 of the Argonne Report it is stated that, during winter




operations of the Palisades Plant, about 17,000 gpm of discharge water will




be withdrawn from the discharge canal and returned to the intake.  So that




this statement will not be misinterpreted, we would point out that the return




water will actually be discharged to the onshore forebay and will not be




transported to the intake structure located in the lake.




          On Page 75 of the Argonne Report reference is made to entrainment




studies at the Big Rock Point Plant during November, 1971 and the statement




in the EPA report on the study that the plants involved were chosen because




of their proximity to whitefish spawning grounds.  So far as we know there




has been no additional information available on the location of whitefish




spawning grounds since the representative of the U.S. Bureau of Sport Fisheries




and  Wildlife testified at the Wednesday session of the Conference Workshop in




September, 1970 that no one has identified a whitefish spawning ground along




the eastern shore of Lake Michigan.  Further, the EPA study at Big Rock Point




did not detect any whitefish eggs.

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                                                                          6

          With  regard  to  the  zooplankton  investigations  from  the  same EPA

 study,  the  quote  regarding  the Big Rock Point data  that  "Regardless  of

 whether the mortality  is  29 or 55$,  there appears to be  significant  popula-

 tion mortality" doesn't recognize the variability of the data or  its true

 significance with regard  to effects  on other aquatic life.  In fact, from

 the  data included in the  report  it is not possible  to derive  the  indicated

 population  mortalities.   Live/dead zooplankton ratios for Copepoda are  the

 only figures included  in  the  report  and vary at the time of collection  from

 0.29 to 1.U5 for  intake samples  and  from 0.11 to 1.23 for the discharge

 samples.  In addition, some of the intake-discharge paired samples were

 obviously taken during transition periods of zooplankton populations and

should not be averaged with  more  representative samples.  Moreover, the  signifi-

 cance of any such observations cannot, of course, be determined by looking at

 changes in  only one isolated  group.

          On Page 77 of the Argonne  Report  is reference  to fish entrainment

 data for the intake at the  Palisades Plant.  It should be noted that continuous

 records of  fish entrainment are  being obtained and  that  totals up through

 July 1, 1972 are  included in  the report to  the AEC  of Environmental  Impact of

 Plant Operation up to July  1, 1972.

          On Page 109, Section 10, of the Argonne Report there is reference  to

 testimony,  given  at the Michigan hearings,  pertaining to the  cost of providing

 cooling towers  on Consumers'  system.    The paragraph should  be corrected to read:

                Dr. John Z.  Reynolds, Consumers Power Company, testified
          at the  Michigan hearings concerning the cost of outfitting
          Consumers' 7500 - MWe  system, present and proposed, with towers.
          He estimated that $76,000,000 would be required in  capital costs
          and $73,000,000 additional would  be required for replacement
          capacity to account for the 3-5$  system-capacity losses.   Total
          annual  costs, including fixed charges, added fuel costs, and
          operating and maintenance  costs were estimated to be about
          $31,000,000 per year.  Total capital costs, including equivalent
          costs escalated to  a reasonable date of completion, were projected
          to be about $2UU,000,000.

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                                                                         7



          A great deal of detailed enumeration of chemical effluents is




presented in the Argonne Report in Table 11 on Page 111.  These figures




are largely prorated estimates based on data from only a few plants.




While it is not claimed these are necessarily dissimilar plants, it should




be recognized that this basis of estimating may be grossly in error and




that any substantial action that depends on such data should await more




accurate determinations.




          In concluding, we would urge the Conferees to reconsider the




weight of the technical evidence on the thermal question and adopt a




position that actually involves a case-by-case evaluation of power plants




using Lake Michigan waters for cooling.  Unfortunately, the memo of John




Quarles, Jr., Assistant Administrator for Enforcement and General Counsel




of EPA, to the Regional Administrators on Policy on Thermal Effluent, dated




May 12, 1972, does not require reasonable case-by-case evaluation for all




discharges.  Mr. Quarles presumes a need for "thermal pollution control "




for all new plants and thereby precludes a reasonable examination of the




relevant factors in these cases.




          Much work has been conducted in the evaluation of thermal dis-




charges and other power plant usages of water since the 1970 Workshop of




the Conference.  We are aware of no instance where an independent review




of plants on Lake Michigan has resulted in the conclusion that once-through




cooling has had significant adverse effects on the aquatic environment.




Moreover; significant questions have been raised as to whether alternatives




are potentially more damaging to the environment than once-through cooling.




We are confident that the conferees will proceed with a careful evaluation




of all the recent studies and base any findings and conclusions on a con-




sidered weighing of the technical evidence.

-------
                             REFERENCES CITED
 1.  "Report of The Environmental Protection Agency to The Lake Michigan
     Enforcement Conference on Thermal Question," U.S. Environmental
     Protection Agency, September, 1972.

 2.  "Recommendations of The Lake Michigan Enforcement Conference Technical
     Committee on Thermal Discharges to Lake Michigan," January, 1971.

 3.  "Reconvening of the Third Session of the Conference in the Matter of
     Pollution of Lake Michigan and its Tributary Basin in the States of
     Wisconsin, Illinois, Indiana and Michigan"  - - Volume I, Transcript,
     March 23, 1971, Pages 16-17.

 k.  "Summary of Recent Technical Information Concerning Thermal Discharges
     into Lake Michigan," Argonne National Laboratory, Contract Report 72-1
     August, 1972.

 5.  Stewart, S. R., Brown W. L., and Polcyn, F. C., "Multi-spectral Survey
     of Power Plant Thermal Effluents in Lake Michigan," Willow Run Labora-
     tories, The University of Michigan, April,  1972, Page 9U.

 6.  Ayers, J. C., et al, "Benton Harbor Power Plant Limnological Studies
     Part X:  Cook Plant Preoperational Studies  1971," Special Report No kk,
     Great Lakes Research Division, The University of Michigan, August, 1972.

 7.  "Supplemental Information on Environmental  Impact of Palisades Nuclear
     Plant," Consumers Power Company, August 18, 1971.

 8.  "Environmental Impact of Plant Operation up to July 1, 1972 - Consumers
     Power Company, Palisades Plant," Consumers  Power Company, July 19, 1972.

 9.  "1970 Water Quality Studies" by Consumers Power Company Environmental
     Activities Department.

10.  "1971 Water Quality Studies" by Consumers Power Company Environmental
     Activities Department.

11.  "1970 Biological Survey of Lake Michigan near Holland, Michigan," for
     Consumers Power Company, T. W. Beak Consultants, Ltd, November, 1970.

12.  "1971 Biological Survey of Lake Michigan near Holland, Michigan," for
     Consumers Power Company, Beak Consultants,  Inc, April, 1972.

13.  "Identification of Miscellaneous Fish and Artificial Substrate Samples -
     1971" for Consumers Power Company, Beak Consultants, Inc, April, 1972.

Ik.  "Biological Survey of Lake Michigan in the  Vicinity of the Consumers
     Power Company's Campbell Plants Thermal Discharge - August 11-13, 1970,"
     Michigan Department of Natural Resources, January 22, 1971.

-------
REFERENCES CITED (Contd)                                                       I


15.  "Lake Michigan Entrainment Studies,  Big Rock Nuclear Power Plant,  Escanaba
     Power Plant, November-December, 1971," Environmental Protection Agency,
     January, 1972.

16.  "Michigan Water Resources Commission Public Hearing on Proposed Revision
     to Interstate and Intrastate Temperature Standards  for Protection  of Fish
     and Aquatic Life," Statement by Consumers Power Company,  June 2U,  1971.

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   ^	670



 1                          0. Petersen


 2             MR. PETERSEN:  We have also presented a copy of


 3   the record of the hearing in the State of Michigan on


 4   standards.  In addition to the regular hearing record, there


 5   is also a copy of the scientific papers which were presented


 6   for the record following the hearing and were made a part


 7   thereof,


 3             MR. MAYO:  May I try to make a distinction that


 9   would be acceptable to you, Mr. Petersen?


10             May we take the material  supplemental to your


11   statement and have it introduced as an exhibit so that we


12   arenft faced with the burden of reproducing it?


13             MR. PETERSEN:  By all means.


14             (The documents above referred to are on file


15   at U.S. EPA Headquarters, Washington, D. C., and Region


16   V Office, Chicago, Illinois.)


17             MR. PETERSON:  The Report of the Environmental


13   Protection Agency to the Lake Michigan Enforcement Confer-


19   ence on  (the) Thermal Question, September 1972, provides


20   a brief  section as background on the history and workings
   I

21 |  of the conference.  While it would not be appropriate to


22   give a critique on the entire history, the remarks concern-


     ing the last session, which occurred on March 23-25, 1971,

01
 ^   do require comment.


 5             It is stated that the report of the Technical

-------
     	   	671





                            0. Petersen



     Committee authorized at the October 29, 1970, Executive



     Session was presented at the March 23-25, 1971, session



     and then "on the basis of full discussion on the question,



     the conferees made certain findings and recommendations"



     which were subsequently approved by the EPA Administrator.



               In fact, at the March 23-25 conference the Federal



 8   conferee presented a new position, prior to any discussion,



     and quite unrelated to the Technical Committee report.  That



10   position was pushed through the conference before it could



11   be carefully evaluated, with the Federal conferee explaining



12   that the EPA position was that it was anxious to have the



13   States employ the EPA "recommendations" and would "employ



14 j  the full extent of the administrative and the legislatively
   I


15 S  defined processes that are available to the Environmental



16   Protection Agency to achieve that end."  The arbitrary cir-

   i

17 I  cumstances under which the findings and recommendations at



1^ !i  the last conference were promulgated should cause no one to



19 II  wonder that the States have in large measure rejected them.
   j i


20 |            We would also take issue with the inference on



^ i  page 11 and in Tables I-IV that the latest recommendations


99 i1
     of the Enforcement Conference are "established requirements."


2 "I
   !  The recommendations of the conference are only that and

   li


   i  require the regulatory authority of the States for imple-


25 '
     mentation.  In this regard, it is our position that the

-------
                                               	672





                            0. Petersen



      procedure  for  enforcing Enforcement Conference recommenda-



      tions,  contained  in the Refuse Act regulations, is invalid.



 4              Now,  there are some comments, which are not in the



 5    paper which we have presented, that we  would like to make very



 6    briefly on the paper presented by the  Pish and Wildlife



 7    Administrator  of  the Environmental Protection Agency, on



      which we had no opportunity for cross  examination and which



 9    paper we have  not yet received.



10              However —



11              MR.  MAYO:  Excuse me, Mr. Petersen.  Are you



12    referring  to Mr.  Yates Barber's material?



13              MR.  PETERSEN:  Yes, sir, I am.



14              MR.  MAYO:  Okay.  In point of clarification,



15    Mr.  Barber is  with the Department of the Interior --



16              MR.  PETERSEN:  I thought he  had identified —



17              MR.  MAYO: — Fish and Wildlife Service.



                MR.  PETERSEN: — that as being under the Environ-



19    mental  Protection Agency in his statement this morning.



20              MR.  MAYO:  No, I think he identified himself as




21    an Environmental  Advisor in the Bureau of Sport Fisheries



22    and Wildlife,  Department of the Interior.



                MR.  PETERSEN:  Thank you for bringing that to




      my attention.



2 5              jn any  event, it was our observation that the

-------
     	673





                             0. Petersen



     paper was in large part based upon theoretical facts which



     were not applicable as used; that that was based upon



     unjustifiable extrapolation of data; and that the figures



     on theorized damage were not placed in appropriate context;



     in addition to which, I might comment that the newspapers



 7   are hardly a scientifically sound source of data.



               MR. MAYO:  You are going to insult Casey Bukro,



     Harlan Draeger, and a few other fellows in Chicago.




10   (Laughter)



11             MR. PETERSEN:  I am not intending to insult anyone,




12   I am merely commenting upon a paper.  My intention is to —



13  •           MR. McDONALD:  Well, all of the reporters are




     smiling, if that means anything.  (Laughter)



15             MR. MAYO:  Excuse the interruption.

    i

16             MR. PETERSEN:  That's all right.



17             There are some items of technical information



     upon which we would like to comment as the result of a review



     by Consumers Power Company's technical experts.  Some



     involve  relatively minor corrections or elaborations on



21   the "Argonne Report" and the others are to advise you of



     additional information that might be considered  in this




 ^   revew.


2.L,
               Beginning on page & and again on page  36 of the


25
     Argonne  Report, mention is made of a study and report by

-------
                                                               674





 1                           0. Petersen



 2    the University of Michigan Willow Run Laboratories involving



      numerous multispectral aerial  scanning observations along



      the eastern shore of Lake Michigan during the spring thermal



 5    bar development period in 1971.  The powerplants covered



 6    included the J. H.  Campbell plant, the Michigan City plant



 7    and the Bailly plant.  The project involved 17 separate



      flight lines and a  total of BO sets of data for all of the



 9    lines, the processing of which "showed no evidence of any



10    water masses that could be attributed to the effect of



11    warm water discharges from powerplants into the lake."



12              We believe the importance of this work warrants



13    its inclusion into  the record  of the conference.  The



14    original copies include a large number of color photographs



15    which would aid the reader in  interpretation. However, the



16    black and white copies which should have been given to you



17    already show or describe the major features of interest.



      A color copy will be furnished the conference by Joseph



      Dominick,  Esq., on  behalf of I & M.



20              it should also be noted that in connection with



21    the Willow Run aerial flights, numerous water samples were



22    collected by field  personnel for correlative study.



23    Detailed phytoplankton data and other water quality



      observations are included in the Benton Harbor Powerplant



      Limnological Studies, Part X,  Cook Plant Preoperational

-------
                                                               675


                             0. Petersen

      Studies  1971,  Special Report No.  44,  Great Lakes Research

 o    Division,  the  University of Michigan, August 1972.

 •               At this point, I will  skip  a large portion of what

 5    I  had prepared,  which is being included  in the record.

 6 ;!             In concluding, we would urge the conferees to
   ii
   H
 7 ii   reconsider the weight of the technical evidence on the
 ' ]
 g |   thermal  question and adopt a position that actually involves
   !

 9 J!   a  case-by-case evaluation of powerplants vising Lake Michigan
   11
10    waters for cooling.  Unfortunately, the  memo of John
   ii
11 ]!   Quarles,  Jr.,  Assistant Administrator for Enforcement and

12 !   General  Counsel  of EPA, to the Regional  Administrators on

13 |   Policy on Thermal Effluent, dated May 12, 1972, does not
   i
14 ;   require  reasonable case-by-case  evaluation for all dis-

15 \   charges.   Mr,  Quarles presumes a need for "thermal pollution

16    control"  for all new plants and  thereby  precludes a reason-

17    able  examination of the relevant factors in these cases.

18              Much work has been conducted in the evaluation  of
   I
19    thermal  discharges and other powerplant  usages of water

20 i   since the 1970 workshop of the conference,  itfe are aware
   i
21 i   of no instance where an independent review of plants on Lake
   i
22    Michigan has resulted in the conclusion  that once-through

23 ;   cooling  has had  significant adverse effects on the aquatic
   i
24 !;   .j-:ivironment.   Moreover, significant questions have been

25 i   raised as to whether alternatives are potentially more

-------
                                                               6?6





                              0.  Petersen



      damaging to  the environment than  once-through  cooling.  We



      are confident  that  the  conferees  "will proceed  with a  care-



      ful evaluation of all the recent  studies and base any find-




 5    ings and conclusions on a considered weighing  of the  tech-



 6    nical evidence.



 7              Thank you.




 B              MR.  McDONALD:  Mr. Petersen.



 9              MR.  PETERSEN:  Yes.



10              MR.  McDONALD:  Knowing  your love of  the newspapers,



11    I  would like to point out that  in your  exhibit that you



12    presented of your hearings  of the Michigan Water Resources



13    Commission you did  include  copies of newspaper articles.



14    (Laughter)



15              MR.  PETERSEN:  I  included a reference to —



16    correction —  what  I included was the entire record of the



17    conference as  prepared  by the Michigan  Water Resources Com-



      mission, without editing, and I will assure you that, in



19    fact, I do love the newspapers.  I take two of them,  and  I




20    find them very enjoyable and a  source of never—ending



      information.  But I do  challenge  them- as a scientific,



22    accurate source of  data.



                MR.  MAYO: A  point of information, Mr. Petersen.



                Do you desire the Willow Run  report  to be a part




      of the record  or submitted  as an  exhibit?

-------
   	677





 1                           0. Petersen



 2             MR. PETERSEN:  I think probably because of its



 3   bulk, it would be better accepted as an exhibit.



 4             MR. MAYO:  Thank you.



 5             (The document above referred to is on file at




 6   U.S. EPA Headquarters, Washington, D. C., and Region V



 7   Office, Chicago, Illinois.)



 &             MR. McDONALD:  I don't want to pursue this news-



 9   paper argument but it  seems to me that what Mr. Barber had



10   in his report was news.  When you get a fish kill involving



11   hundreds of thousands  of fish, there is not much scientific



12   evidence involved there; it is a fish kill.  And usually



13   a picture accompanies  that type of situation.  So I really



14   think that casting credibility on his report because it

   I

15 I  happened to be newsworthy is not really germane to the



     issue.



17             MR. PETERSEN:  I am sorry.  I have not been able



     to see the report to see if it attributes hundreds of



19   thousands of fish to the newspaper report.  I think that



     the only place that I  recall hearing hundreds of thousands



     of fish was a report that there must have been from — or



22   accepted from the Michigan Water Resources Commission which



 3   accepted some individual plant's estimate of what he thought


7L
 *   might have been the case as far as the fish kill was con-
   i
   i
25
     cerned.  It didn't even come from the newspapers, to the

-------
                           	678
                             0, Petersen
     best of my recollection,
               MR. McDONALD:  Well, sir, let me ask you,  in terms
     of fish kills:  Do you keep records of fish kills over
 5   entrainments that relate to your Campbell powerplant and
 6   your Palisades plant in Michigan?
 7             MR. PETERSEN:  I hate to answer a question yes
     and no.  Obviously each individual fish that is impinged
 9   upon a screen anywhere in the system is not necessarily made
10   a matter of record.  On the other hand, we make every attempt
11   to make a full record and investigate any unusual occurrence.
12   Obviously the occurrence to which Mr. Barber made reference,
13   as to the Campbell plant, is an unusual occurrence and some-
14   thing of a vastly lesser magnitude would have been an unusual
15   occurrence of which we would have attempted to make a full
16   record and investigation.
17             MR, McDONALD:  What do you classify as a power
     company representative  as an unusual occurrence regarding
     a fish kill?
20             MR. PETERSEN:  As far as impingement upon the
     screen is  concerned, when we reach a point where the
 2   people who are  changing the screen observe a large number of
     —  and extraordinarily large  number of fish on the  screen,
2L.
 ^   because obviously there are going  to be one or two  fish,
25
     in  many circumstances  —•  they may  have been dead when they

-------
                                                              679





                             0. Petersen



      go  there —  but they  should be reported.



               Now, I  do not have the records in this regard.



      I do  have — correction — I have  Dr. John Z. Reynolds



      with  me, who has  been active in constructing the plants



      in  regard to this matter.  I would be very happy to have



      him come up  to the  stand if you would like to question him



      concerning this matter.  But the standing instructions to



 9    the plant are to  report to the environmental people so we



10    can immediately pass  the information on to the Michigan



11    Water Resources Commission and also send a biologist to



12    the scene to attempt  to ascertain  the damage, and to



13    ascertain what occurred to cause this damage, if possible.




14             MR. McDONALD:  Well, Mr. Barber, in his report,



15    listed at least two significant kills involving up to



16    550,000 fish at Palisades and several hundred thousand at



17    Campbell.



               Are there other kills of significance —



               MR. PETERSEN:  I am sorry.  I am not aware of a



      550,000 fish kill at  Palisades.  Perhaps I missed something



      somewhere along the line.

   |


22             MR. McDONALD:  Page 11 of Mr. Barber's report.




23             MR. PETERSEN:  As I told you, I haven't received


2L
      a copy of the report,  and perhaps  I wasn't able to hear  at




      that particular place.

-------
                                                               680




                             0. Petersen



 2             MR. McDONALD:  Well, let me not burden you, then,



 o   with that report.



               Let me ask you —



 5             MR. PETERSEN:  I think you are speaking about the



 6   fourth line?



 7             MR. McDONALD:  Yes.



               MR. PETERSEN:  I think — I have been able to



     borrow a copy here, and I think that the correction has been



10   made in this copy of the report reducing it by one magnitude,



11   55,000 fish over a period of time — a certain period of



12   time.



13             MR. MCDONALD:  Fifty-five thousand.



14 I            MR. PETERSON:  Fifty-one thousand, according to



15 !  this; 51,235 fish, weighing 4,995 pounds removed from intake



16   screens from the Palisades nuclear generating plant during



17   the period May 16 to August 25, 1972.  That's the way it



     reads in this report which was handed to me as corrected.



19             MR. McDONALD:  Well, I assume that the report Mr.



20   Barber gave us has a typographical error.



21             MR. BARBER:  Yes.
   I


22 j            jvjR. McDONALD:  He said yes, there  is an error.
   I
   i

23 ||            MR, BARBER:  I think all copies have been  corrected



2^   but probably that one you have has not.  (Laughter)



                  , McDONALD:  That  is very charitable of  you,

-------
           	631





                             0. Petersen




     Mr.  Barber.



               MR. MAYO:  That's like winning a million dollars



     in a lottery  in New  York.



 5             MR. McDONALD:  It does make  51,000 fish sound



 6   relatively  small  compared to a half million.



 7             MR. PETERSEN:  I am not adequately qualified to



     make a  judgment as to whether 51,000 fish is large or small.



 9   Dr.  Benda is  making  a study of this matter and has pro-




10   duced a report.



11             MR. McDONALD:  I guess what  I am trying to say



12   here, Mr. Petersen,  is I am wondering  whether you do



13   tabulate entrainments and kills and quantify these so that



14   there is a  record of what is going on, and then to whom do



15   you  report  these? Is there such a mechanism available?



16   Is it being used?



17             MR. PETERSEN:  Certainly at  the Palisades plant,



1$   yes.  We have been taking records of the fish killed since



19   — well, since before last January —  I can't recite the



20   precise date  upon which we began to make records of the



21 |  fish which  were impinged upon the screens.



22             MR. McDONALD:  Would it be possible to have that



     information submitted in tabular form  to the conference?



               MR. PETERSEN:  Certainly.  You will not have it


2S
 '   today,  however.

-------
                                       	6S2





                             0. Petersen



               MR. McDONALD:  The record will be open for a




     week  if you could submit it.



 4             MR. PETERSEN:  I would be pleased to do so.*



 5             MR. McDONALD:  One other question I have relates



 6   to  something I talked with Mr. Purdy about when he was




 7   giving his statement.



               Mr. Purdy was talking overall lake impact for a



 9   given discharge.  Do you, as a power company representative,



10   feel  any  responsibility for keeping up with the other power



11   companies to relate your total discharges to total lake



12   impact?   Or should these be discussed on an individual basis



13   and let the regulatory agencies assess the total lake




14   impact?



15             MR. PETERSEN:  We try to assess fully the impact



16   of  what we are doing, both locally and as an effect upon the



17   ecosystem; and in assessing the ecosystem we necessarily



     would have to take into consideration the effect upon the



19   whole lake, because, to some extent, as I am informed by



20   my  scientific colleagues, the ecosystem of Lake Michigan is




     interrelated.



22             MR. McDONALD:  How do you make that total lake




     assessment, Mr.  Petersen?



               MR. PETERSEN:  I  don't.  I turn to my  scientific




      colleagues, try  to give them the  benefit of all  of the




     *(The document follows this page,;

-------
J. Z. Reynolds
Director of Environmental Planning
consumers
power
Company
                 General Offices- 212 West Michigan Avenue, Jackson, Michigan 492O1 . Area Code 517 788-O55O
                                                           September 28,  1972
      Messrs. Francis Mayo  - EPA, Chicago Region V
              James McDonald - EPA, Chicago Region V
              Ralph Purely - Michigan Water Resources Commission
              William Blaser - EPA, Illinois
              Thomas Frangos - Wisconsin Dept of Natural  Resources
              Perry Miller  - Indiana Stream Pollution Control Board

      Gentlemen:

                During the Lake Michigan Enforcement Conference  afternoon
      session on September 21, 1972, the EPA Conferee, Mr. McDonald,  inquired
      of Mr. 0. K. Petersen, Senior Attorney for Consumers Power Company, as
      to the availability of data on fish collected on the intake screens of
      the Palisades Plant.  In response to this inquiry,  I am enclosing  two
      items for your information.

                The paper "Thermal Effects Studies at the Palisades Nuclear
      Plant — Preliminary Findings from the First Few Months of Operation,"
      was quoted by Mr. Yates Barber, U.S. Bureau of Sport Fisheries  and
      Wildlife, as to the total numbers of fish collected on the screens
      from May 16, 1972 to August 25, 1972.  The distribution of fish by
      species, number and weight is given in Table 3-  Figure 2  indicates
      the weekly totals- for the three dominant species for the period indi-
      cated.  Dr. Benda, the author, is a consultant to Consumers Power
      Company.

                The second item is Section II-E, FISH, of a document  entitled
      "Palisades Plant, Special Report, Environmental Impact of  Plant Operation
      up to July 1, 1972" which was filed with the U.S. Atomic Energy Commission
      by Consumers Power Company on July 19, 1972.  The report includes  daily
      tabulations of fish species collected on the plant intake  screens  between
      January 23, 1972 and May 16, 1972 and weekly tabulations from May  l6, 19?:
      to July 1, 1972.  Weekly tabulations subsequent to July 1, 1972 will be
      reported as a part of semiannual submittals to the U.S. Atomic  Energy
      Commission.  The report also contains data on other fish collections in
      1972 as well as a description of the entire fish sampling  programs at the
      plant.

                                       Yours very truly,
      JZR/pgk
      Enc.

-------
    Thermal Effects Studies at the Palisades Nuclear Plant

Preliminary Findings From the First Few Months of Operation


                            By
                    Robert S.  Benda, Ph D
                    Assistant Professor
                      Aquinas College
                   Grand Rapids,  Michigan
                 American Fisheries Society
                      National Meeting
                   Hot Springs,  Arkansas

                     September 10, 1972

-------
                              INTRODUCTION







          This paper  summarizes the  results of the first four months of




 study of the effects of the thermal discharge from the Palisades Nuclear




 Generating Plant.  The plant is located in Van Buren County on a 487-acre




 site on the eastern shore of Lake Michigan in the southwestern part of




 Michigan.  The site is approximately 4-1/2 miles south of South Haven  and




 16 miles north of Benton Harbor and St Joseph (Figure 1).




          The Palisades facility, which has  a rated capacity of about 700




 megawatts electric (MWe) with an ultimate electrical  output up to 821 MWe,




 began  operations at 60% of  rated power early in 1972.  The plant utilizes a




 pressurized water nuclear  reactor system and the steam is condensed by




 means of a once-through condenser cooling  system using Lake Michigan water




 to dissipate the waste heat.  The waste heat  at rated capacity will increase




 the cooling water temperature a maximum of 25  F above ambient at  the in-




 take.  The intake is submerged offshore about 3, 300 feet at a minimum depth




 of about 25 feet.  The heated discharge enters Lake  Michigan directly at the




 shoreline.  The total flow rate through the once-through cooling system is




 about 405, 000 gallons per minute (gpm).  This system will be in use until




 completion of mechanical draft evaporative cooling towers in early 1974.




 These  towers will convert the circulating water  system to essentially closed




 cycle cooling with only a small blowdown discharge to the lake which will be




no more than  5°F above ambient lake temperature.

-------
                         SCOPE OF THE STUDY







          Consumers Power Company has undertaken to study the effects of




the thermal discharge until completion of the cooling towers.  The study in-




cludes the following areas:




1.   Temperature




          A.  Continuous Intake  and Discharge




          B.  Thermal Plume  Measurements




2.   Chlorine Residuals




3.   Benthos and Psammon  Community




4.   Phytoplankton




          A.  Mortality




          B.  Distribution and Abundance




5.   Zooplankton




          A.  Mortality




          B.  Distribution and Abundance




6.   Fish




          A.  Mortality




          B.  Distribution and Abundance




          C.  Spawning Sites




          D.  Juvenile Fish Use  of Nearshore Areas




7.  Attached Algae and Rooted Aquatics

-------
Temperature




          The maximum temperature increase of the discharge water above





ambient thus far has been about 28°F, during short periods when only one of





the two circulating water pumps was in operation,  but the normal increase in





temperature at 60% power has been about 15°F.




          The thermal plume measurements thus far show considerable varia-





tion in size,  shape and direction depending upon wind and current conditions.





Temperature measurements in the lake have shown the typical buoyant thermal





plume configuration with detectable effects on  surface temperature influencing





areas in  the range of about 100 acres to nearly 900 acres.





Chlorine Residuals




          Thus far,  it has not been necessary for  the plant to chlorinate its





condensers,  so no chlorine effects have been studied.  It is intended that during





chlorination extensive measurements of chlorine residuals in the lake •will be





made to correlate with collections of plankton  and  observations of fish reactions.




Several chlorine demand tests have been conducted on lake water showing a range




of . 308 to . 75 ppm for 70 minutes incubation at ambient  intake temperature.  The




average chlorine demand is about . 55 ppm for all tests conducted.





Benthos and Psammon Community




          Lake benthos have been collected using a ponar dredge at about 30





sampling stations for the past 4 years which will be  compared to benthos sim-





ilarly collected during operation of the plant.  Samples are also being collected





of the psammon community along the shoreline with a core sampler to determine

-------
effects on organisms residing in this zone.  At the present time,  there are not




sufficient data available from any of the bottom collections for evaluation.




Phytoplankton





          Carbon 14 tests (Table 1) are being conducted to determine if any loss




of photo synthetic activity occurs as a  result of the once-through cooling process.





Thus far, the photo synthetic activity in the samples has varied from a gain of





105% in the  discharge over the intake  sample to an 81% loss  in the discharge





over the intake water.  The results have not been consistent and show consid-





erable variation.  Out of 12 tests conducted on a  heated discharge, three have





shown more activity or no loss in activity in the  discharge sample when com-





pared to the intake sample, but the majority (9 of 12) do show losses  in activity





ranging from  11% to 79%.   The tests have also been conducted when no heat was




being added and one of the two tests showed no loss in activity in the discharge





sample,  while the other showed a loss of  13% in the discharge sample.




          The dominant algal group observed in the intake water samples has




been the diatoms, especially  Tabellaria fenestrata,  Fragillaria crotonensis,




Melosira sp,  and occasionally the  flagellate Dinobryon sp,




Zooplankton





          Tests have been conducted (Table 2) to determine  mortality rates of





zooplankters in the discharge water by using the  vital stain neutral red.  Thus





far,  mortalities have remained below 30% in the  discharge as  compared to the





intake.  As  with the phytoplankton  tests,  both heated water discharge samples





and nonheated water samples have  been collected.  In all samples examined to

-------
date, a higher percentage of the zooplankters have been dead in the heated





samples as compared to the unheated samples.




          In late spring and early summer,  the dominant organisms in the





samples were the cyclopoid copepods, but as summer progressed,  the





Bosmina cladocerans have  become the dominant group, especially  Bosmina





longirostris and Bosmina coregoni.   Asplanchna sp. and Kellicottia  longispina




are  the most dominant rotifers collected to date.





Fish




          The fish have been  divided into several areas of study.  These are





as follows:





          Entrainment - Fish entering the submerged intake structure  are




eventually impinged on traveling screens and washed into a collection basket.





Thus far, the Alewife,  Alosa  pseudoharengus, Perch,  Perca flavescens, Spottail




shiner, Notropis hudsonius, and Slimy sculpin, Cottus cognathus have been the





most frequently observed fish passing through the screens (Table 3 and Figure 2).




The  salmonids and other game species have been observed in very  low numbers.




          Seining and Trawling - The results of seining and trawling collections





and visual observations show  the Alewife, Carp, Cyprinus carpio,  Spottail  shiner,





and Perch are more numerous in the heated water  area than in the  unheated areas,





and  salmonids are found in  the unheated areas, but not the heated area.




          The August seining collections in all five collection areas contained





numerous Alewife and Spottail shiner young of the year with no larger concentra-




tions being observed or collected in the heated water area.

-------
          Eggs and Larvae - The intake water has been sampled periodically




by suspending a #20 mesh plankton net to collect fish eggs and larvae.  Over




the summer, less than 1, 000 eggs and five larvae have  been collected in over




300 hours of sampling and about 3, 400, 000 gallons of water.  At this time, it




does not seem  that the intake structure is located in an area of high fish re-




production activity.




Attached Algae and Rooted Aquatics -




          No large concentrations of  attached algae,  such as  Cladophora, have




been observed  in the  area of the heated discharge, as opposed to unheated areas.




Underwater transects of the bottom in the vicinity of the plant will be made yet




this year to determine the presence of rooted aquatics in the  area  of influence




of the plant.




Summary




          The  plant is still operating at only 60% power and some  aspects of




the study effort are still in the initial stages of investigation.   While some en-




vironmental  effects are apparent and  are being measured, definite conclusions




as to their significance should await further collection  and interpretation  of data.

-------
PALISADES
  PLANT
  FIGURE 1

-------
   8000
tr
UJ
00
2
                                         FIGURE  2:
                                         Number  of  Alewift,  Perch,  and  Slimy
                                         Sculpin observed  weekly  on the  traveling
                                         screens  from May 16  to  August 25,  1972
                                         at  the  Palisades  Nuclear  Generating  Plant.
                                                   Alewife
                                                   Perch  	
                                                   Slimy  Sculpin
                                                                       AU&UST
                                      WEEK  NUMBER

-------

















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-------
                                                                   11-72
                          E.  FISH





          Effects of plant operation on fish life are very important



indicators of apparent effects on the aquatic habitat.  Fish are also



the most visible element of the aquatic ecosystem and are of prime im-



portance for public recreation.  Fish sampling with gill nets, seines



and trawls, both within and outside the area of the thermal plume will



indicate, by their presence, the preferred location of the various fish



species that inhabit the area.  The above, in conjunction with bottom



sampling and sampling the intake water with plankton netting, will



identify spawning and nursery areas and potential effects of plant



operation on fish reproduction in the area.  Direct observations of



fish collected on the intake screen indicate the species of fish within



the area of the plant intake on a continuous and consistent basis as



well as the direct effects of entrainment within the intake system.  No-



tations of fish mortalities under normal operation and periods of chlori-



nation will complement the systematic sampling of live fish and provide



indications of directly lethal conditions.



          Data from the various fish collection efforts are presented



separately in the following sections.  In total, 28 species of fish have



been sampled and are listed in Table II-E-1.  Seven species were not collec-



ted in the preoperational studies, but five species collected in those



studies have not yet been sampled since plant operation began.



Fish Entrainment



          The plant intake water is screened through 3/8-inch mesh



traveling screens and all fish collected on the screens are sluiced to



a collection basket where the fish are identified and counted on a

-------
                                  TABLE II-E-1
                                PALISADES PLANT
              List  of  species of fish collected by
         entrainment on the traveling screens from
                                                                           II-73
             Common Name
        Alewife

        Chinook  salmon

        Coho  salmon

        Brown trout

        Rainbow  trout

        Lake  trout

        Whitefish

        Cisco

        Bloater

        Smelt

        Northern pike

        Carp

        Longnose dace

        Spottail shiner

        White sucker

        Longnose sucker

        Channel  catfish

        Black bullhead

        Trout-perch

        Burbot

        Bowfin

        Nine-spine stickleback

        Slimy sculpin

        Rock  bass

        Bluegill

        Pumpkinseed

        Yellow perch
         Johnny darter
(l)  Not sampled in preoperational studies.
seining, trawling, and
January 23 to July 1, 1972.

 Scientific Name	

Alosa pseudoharengus

Oncorhynchus tschawytscha

Oncorhynchus kisutch

Salmo trutta

Salmo gairdneri

Salvelinus namaycush

Coregonus Sp.

Coregonus artedi

Coregonus hoyi

Osmerus eperlanus mordax

Esox lucius

Cyprinus carpio

Hhinichthys cataractae

Notropis hudsonius

Catastomous commersoni

Catastomous catastomous

Iclalurus punctatus

Ictalurus melas

Percopsis omiscomaycus

Lota lota

Amia calva

Pungitus pungitus

Cottus cognatus

Ambloplites rupestris

Lepomis macrochirus

Lepomis gibbasus

Perca flavescens

Etheostoma  nigrum

-------
E. FISH  (Contd)
Fish Entrainment  (Contd)
regular basis, usually at least once each day.  The fish entrainment
data compiled for this report are presented in two parts.
          The data from January 23 to May 15, 1972 were gathered by
plant maintenance personnel with the assistance of Consumers Staff
Aquatic Biologist.  During this period, only the total numbers and
length of the fish were recorded as shown in Table II-E-2.   However the
average weights of some of the species can be evaluated from average
weights for the same species recorded from May 16 to July 1, 1972 as
follows:
                                          Number Per Weight
                     Spottail shiners         25/pound
                     Trout perch              25/pound
                     Alewife              12-1/2/pound
                     Sculpin                  71/pound
                     Perch                     U/pound
The fish entrainmenb collections after May 15 were made by environmental
study personnel stationed at the site when more detailed studies of
plant operation on lake biota were begun.  Summaries of fish entrain-
ment data, including weights, for the period May 16 to July 1, are
given in Table II-E-3.  The  total number  of fish  collected on  the  screens
for this 6-1/2 week period came to 32,lU8, with a total weight of 2,966
poundso   The 16 weeks of collection prior to May 16 accounted for a
total of 2,220 fish.  For the entire period,  alewives account for about
hO percent of the total fish reported and perch account for about 18
percent.

-------
                                                                   11-75
          The current procedure is to run the screens automatically every



12 hours and manually when conditions (ie, many fish) warrant it.  The



usual condition of the fish ranges from decomposing specimens to fish



that are actively swimming.  Most of the fish are dead or damaged.



The damage to the fish is mostly mechanical and varies from open wounds



to descaling and hemorrhaging.

-------
11-76















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                                                                                                                            11-77
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                                                                                                            11-79
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                                                                                                             11-80
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-------
11-82







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11-89








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                                                                      H-90
          The alewife, smelt, spottail shiners, trout-perch, slimy sculpin



and perch are thus far the most frequently observed species collected from



the screens.  Pertinent observations for several species as they pertain




to the period after May l6, are summarized below:



Alewife;  This species occurs often when the screens are washed.  They have




become quite numerous since the beginning of June reaching a maximum number




of over 5000 the week of June 10 - 16.  Most of the specimens are adults,



with only an occasional yearling being recorded.




Smelt;  This species occurs occasionally when the screens are washed.  The



maximum number collected at one time occurred on a day of exceptionally high



wind and rough wave action.  Over 200 specimens totaling almost 7 pounds



were collected on June 23, which accounts for almost k of the total number



of smelt collected.



Spottail Shiner;  This species has appeared regularly.  In early June, 5 -



of the specimens were ripe females and expelled eggs were found in the col-



lection basket.



Trout-perch;  This species is found in many collections, but usually in low



numbers.  The most specimens recorded occurred during the weeks of June 10



through June 23-



Slimy Sculpin;  This species also occurs frequently, and was collected in



large numbers (900-2500 per-week) during mid and late May, but has been




recorded in much lower numbers during June.  Ripe females were noted, but




at less than k-5% of the total numbers observed.  Several expelled egg masses



were from the sculpins.

-------
                                                                       11-91
Perch;  Few perch were recorded in May, but the numbers increased during



June and maintained an average of about 1500 per week during the month.



Ripe females were observed and made up less than 10$ of the total numbers



recorded.



Lake Trout;  Only 13 lake trout have been recorded.  All were marked with



a right pelvic fin clip, and except for one l6-inch specimen, all were



6 inches or less in length.  These specimens were collected from late May



through June, but 60$ were collected in the week of May 27 to June 2.



Coho;  Eleven Cohos have been recorded thus far.  These were all 6 inches




or less, except for a single 12-inch specimen.  This  species,  like the



lake trout, has appeared infrequently in the screen washings.




Bloater:  This species began to appear in the collections the last three




weeks in June.  They appear sporadically and are usually recorded in




numbers in one washing and not at all in others.




          There seems to be an increase of most species entrained during



periods of high wind and wave action.  The largest single collection ocurred



on June 23 when over 150 pounds of fish were recorded in a 6 hour period.

-------
                                                                      11-92
Fish Sampling in Lake Michigan By Others




          Preoperational fish sampling in the vicinity of the Palisades




Plant began in 19&9 when the Michigan Department of Natural Resources




began participation in the cooperative environmental study progam.




Their work has consisted primarily of selective placing of gill nets and




seining a portion of beach north of the plant property.  Details of the




DNR fish collections  through 1970 were given in a report submitted as




Appendix C of the Applicants "Supplemental Information on Environmental




Impact of Palisades Nuclear Plant".   The station locations for this program




are shown on Exhibit II-E-1, as well as those for the Applicant's separate




fish collections.




          During the period June 12-15, 1972 DNR biologists repeated




sampling runs in the same manner that had been done during the preopera-




tional surveys.  They also did additional comparative gill netting within




and out of the influence of the thermal plume.  The following section re-




ports the results of these collections as well as providing interpretative




comparisons with all of the preoperational collections.

-------
                                                                                       II-l
                               PALISADES PLANT
                          FISH COLLECTION STATIONS
       Preoperational
Gill  Nets   *   (2-24 hr periods  up to 4 times/year)
Seining     A   day  and night  up  to  4  times/year
                     Seining  stations added  in  1972
                     Trawling stations  added in 1972 -
                                     D
                                     •
                 N
        E
         •
                                             discarded
                                                                     PALISADES
                                                                     PLANT
                                         H
                                         •
           Preoperational
      Modifications & Notations

60' Gill  Net  Station discontinued in 1969.
Trawling data from  Bureau of Commercial
   sheries  for  24'  and 42'  on  May 3  1969
and  18'  42'  and 72' on July  25   1969.
Also  Gill Net data  From Bureau of  Sport
Fisheries and  Wildlife for  18' and 30'
on  November 16,  1971  and December  3,  1971.
                                           SCALE  IN MILES
                                             0     1    2
                                              1972
                                         Modifications

                               Trawl -  10' and  25' depth  off
                               the discharge,  at the  North and
                               South property lines and 5 miles
                               South of  plant.

                               Seine -  Directly  adja  ent  to
                               discharge in  direction of the
                               plume  at the North and South
                               property  lines  and 5 miles South
                               of plant.

-------
             Fish sampling at the Palisades power plant site
                              in June 1972

                           M. H. Patriarche
         To start the fifth consecutive year of fish population sampling in Lake

 Michigan at the Palisades power plant site in Van Buren County,  gill netting

 and seining were done during the week of June 12-15 by DNR biologists (June 14-

 16  in 1971).  The plant was operating at 60% of full capacity and had been doing

 so  for approximately 10 days.  Prevailing light southerly  winds kept  the plume

 along the shore north of the plant during the time we were sampling.  A

 previously scheduled May sampling period was cancelled both because the

 research boat used in the past was disabled and the plant was  shut down for

 repairs for an extended period.

         The four 250-foot nylon gill nets purchased last year were used.

 Mesh sizes ranged from 11/2 inches to 4 inches (stretched mesh) and the nets

 were set at four sites parallel to the shoreline on the 12th, raised the following

 morning,  re-set at foar different sites that evening, and again lifted  on the

 morning of the 14th.  Surface temperatures were taken to ensure that fishing

was done within and without the plume and a maximum-minimum thermometer

was attached to the float line of each net.   On the  12th two nets were set in

15-22 feet of water,  one of which was in the plume.  The other pair were set

in 40 feet of water outside the plume.  On the 13th all nets were confined to

water depths of less than 27 feet, one pair lying parallel to shore and one pair

set  perpendicular to shore.  Furthermore, one of each of  the above was set in

the  plume. Water temperatures for each set are listed in Table 1.

-------
                                   -2-                                -





         Shoreline seining was done along the beach at Van Buren State Park




on the night of June 13 and again on the morning of the 15th.  Four seine hauls




were made along 550 feet of beach using the same gear and technique as




previously except that the hauls were somewhat shorter than last year because




the end of the seining area was mis-identified in the dark.  The seine was a




125-foot bag seine with 1/4-inch bar mesh in the bag;  3/4-inch elsewhere.




Most fish collected at night were preserved for later identification and




enumeration.




         Gill net catches for the month of June in 1971 and 1972 are shown in




Table 2.  Only the 1971 catches by the new gill nets are compared with those




in 1972,  and the data are presented as number per 100 feet net because the




amount of net fished varied.  Included in the table are  depths, surface tempera-




tures when set, dates, and the amount of netting. Of immediate interest, of




course, are the catches in and out of the plume in water under 27 feet.  The




total catch in the  plume was 69% greater than outside for the shallower sets.




Most of this increase  was due to alewives,  large concentrations of which  also




were seen congregated around the outlet.  Many carp were seen there too, but




this fish is notoriously shy of  gill nets and none  were  captured.  Also caught in




somewhat larger  numbers were perch, suckers,  and the deepwater chub (C.  hoyi)




In 1971 the surface temperature was almost the  same (64°) at the time of  the June




sampling and even larger catches of alewives and perch were made.  Hence




no real significance can be attached to the results of this first sampling period




with respect to the plume effect.  Catches in 40  feet of water were much




smaller in both years than in the shallower sets. The 1972  perch catch,

-------
                                   -3-





however,  was identical at both depths outside the plume.  The total catches in




the parallel and perpendicular sets were the same, with minor differences among




the various species.




         The seining results for not only 1972 but also those for June in prior




years are presented in Table  3.  As usual,  nighttime catches were much greater




than those during the day.  In general the species were caught in the same order




of magnitude as in previous night catches with spottail shiners more abundant




than previously.  No perch were captured this year but only once were any




number ever caught and that was during the day seining last year.  Included




among the salmonids were brown trout fingerlings (16) for the first time,




chinook,  and rainbows. A total of 23 salmonid fingerlings were caught in the




morning;  14 at night.   Last June large amounts  of filamentous algae coated the




seine on each drag but no algae problems were experienced this year.  Water




temperatures were,  on the whole, little different this year than in previous




years.  In fact,  the plume was presumably inshore but the night water




temperatxxre was 5° cooler than last year.  Daytime temperatures were  identical




this year  and last (69°).  The  beach at the state  park is perhaps 1/2-3/4 mile




north of the plant.




         The next sampling period is expected to be the week of August 14-18,




at which time we hope  to have the regular boat back in operation and attempts




will be made to also trawl in and out of the plume.  The substituted Thunderbird




used in June was not suitable  for that type of operation.

-------
                                                             11-97
Table 1. --Water temperatures at various 1972 netting sites
Set
No.
June 12
1
2##
3
4
June 13
1#*
2#*
3
4
Depth
(feet)
15
15-22
40
40
18
10-20
20
26
Temperatures (°F) *
Setting
54
65
53
53
64
67
60
60
Lifting
55
60
55
52
59
59
56
59
Minimum
53
55
52
48
58
54
52
56
 JJC
   Setting = surface temperature when nets were set

   Lifting and minimum = temperature at float line depth.


 &
   Plume set.

-------
                                                              11-98
Table 2. --Number of fish per 100 feet of graded-mesh gill nets set
     in front of the Palisades power plant in June 1971 and  1972

Depth (feet)
Surface tempera-
ture (°F)
Dates (June)
Feet of net
Species:
Alewife
Perch
Longnose sucker
Spottail shiner
Bloater
White sucker
1971
20
64
14-16
500
96. 2
15.2
0. 8
0.4
-
0.6
1972
Control
15-26
53-60
12-14
750
21.3
10. 1
1. 2
2.5
0. 1
0.3
Plume
10-22
64-67
12-14
750
38.9
13.2
3.9
2.3
1.5
1.1
1971 1972
40 40
64 53
14-16 12-14
500 500
3.2 11.2
25.0 10.0
1.2
1.2
1.4
0. 1
Coho                -         0.5     0.3       0.6

Lake trout          -         -       -         -        0.8

Brown trout         -         0.1-

Burbot              -         0.1-


Total  catch        566       270     458       144       130

Number per
  100 feet net      113.2      36.0    61.1      28.8      26.0

-------
                                                              11-99
Table 3. --Number of fish per 100 feet of beach seined both day and night
             at Van Buren State Park in June, 1969-1972*
                             Day
                  1969   1970   1971   1972
                                    Night
                              1970   1-971   1972
Date (June)

Water tempera-
 ture (°F)

Feet seined
25
16
16
15
56     65     69     69

1200    900   1000    550
22
                       67
16
                       69
13
                       64
                        900   1000    550
Species:
Spottail shiner
Longnose dace
Salmonids
Alewife (3 inches)
Ale wife (adult)
Trout-perch
Perch (2-3 inches)

19.3 0.9 40.7 36.7
3.8 12.7 3.7 5.3
0.4 0.7 0.5 4.2
0.3 - 12.9 0.9
(1) - - -
(1)
5.6
Total catch 297 132 636 267

91.0
11.7
-
0.2
43.9
8.4
0.4
1,407

43.6
10.2
0.2
(1)
0.9
4. 1
0.7
616

106.2
16.0
2.5
0.5
33.5
(1)
-
879
#
  One fish is indicated by (1).  Some species of numerical insignificance
  have been omitted.

-------
                                                                   11-100
          In Appendix C of the Applicant's "Supplemental Information



on Environmental Impact of Palisades Nuclear Plant" data were also



included of fish collections in the vicinity of the Palisades site made



by the Bureau of Sport Fisheries and Wildlife, R/V Cisco.  Additional



data have been supplied which include late 1971 as well as some



collections during plant operation in 1972, as shown in Tables II-E-lf-7.



In addition, to the data shown, it was reported that on Cruise V (June



6-22) tows with a 1/2 meter net of 351-micron mesh at various midlevels



over bottom depths of 3 and 5 fathoms resulted in collections of perch



and alewife fry.

-------
                                                                         11-101
                                  TABLE II-E-U
                                PALISADES PLANT

Numbers of lake trout and whitefish in various large-mesh (5, 3-1/2 inch, stretched)
                                gill net lifts,  Cruise XII
Length
Depth of net
Date (Fathoms) (feet)
11/16/71
11/16/71
12/ 3/71
12/ 3/71
3
5
3
5
600
600
1,200
1,200
Lake trout
Male
17
9
1
2
Female
grand
1
0
0
0
Female
ripe
5
2
0
0
Female
spent
0
0
1
0
Total Whitefish
23
11
2
2
0
0
0
0

-------
                                                                          11-102
                                  TABLE
                                PALISADES PLANT
Numbers of fish caught in standard salmon gill net set (300 feet each of 3-l/2»
  k, U-l/2 and 5 inch mesh  on bottom at 3 fathoms)*  Cruise n, April ^-20, 1972
                              Species
                           Coho
                           Chinook
                           Lake trout
                           Whitefish
                           Suckers
                           Yellow Perch
                           Northern Pike
Number
  95  (average weight 1.9 Ibs)
   1
   k
   I
   3
   1
   1
*Based on fin clips, twelve of the cohos had been stocked in Platte River, Michigan
  and two in Indiana; the others were unclipped.

-------
                                                                         11-103
                                  TABLE II-E-6
Catches per 10-minute tow with a 39-foot  trawl, Cruise H, April l8, 1972
Species
Alewife (adult)
Alewife (young)
Bloater (adult)
Bloater (young)
Lake trout
Sculpin, slimy
Smelt (adult)
Smelt (young)
Spottail shiner
Stickleback, nine spine
Trout-perch
Lake herring
Number at
25 fathoms
1*66
-
^5
2
16
27
in
7
6
3
6
1
Number at
30 fathoms
161
3
1*5
1
1
10
56
-
-
«•
17
.
 xcing refers to yearlings in collections made before August 1, and young-of-year
  after August 1.

-------
                                                                         11-104
                                  TABLE II-E-7
                                PALISADES PLANT

Numbers of fish caught in gill net overnight (50 feet each 1-1/lj- and 1-1/2 inch,
  100 feet 2-inch, and 600 feet each 3-1/2 and If-inch mesh, set with float lines
  3 feet below surface over bottom depth of 9 fathoms)  Cruise III, May 5, 1972


                              Species          Number

                         Coho                     8

                         Lake trout              17

                         Alewives               630

                         Smelt                    7

                         Longnose sucker          1

                         Black bullhead           1

-------
                                                                    11-105
Additional Seine Collections



          All seine collections thus far have been made using a



125-foot nylon bag seine.  Because of the selectivity of this seine,



supplementary collections will be made as a part of the Applicant's



study program using a ^0-foot, 1/8-inch mesh minnow seine.  It is



felt that use of both seines will give a more accurate sample of



the fish at the various stations, especially the young-of-the-year



which may be in this area.



          The 125-foot bag seine is pulled parallel to the shore for



a distance of 300 feet and then pulled into shore.  Two 300-foot



sections are seined at each station if weather and time permits,



giving usually a sampling area approximately 1500 feet in length



along the shore in the plant area.

-------
                                                                    11-106
       Tables II-E-8-11 show the results of two daytime and two night-



time seining collections.  Changing weather conditions enabled only the



control and heated north discharge stations to be seined on June 13.



Usually only one discharge section is seined per collecting trip de-



pending on the direction of the thermal plume.  The north boundary



station was not seined on June 15 due to comparable collecting in that



area (Van Buren State Park) by the Department of Natural Resources




personnel.



          In three of the collections, when a thermal discharge was



present, many more alewife, carp and spottail shiners were captured in



the heated water than in the stations not affected by the discharge.



This agrees with visual observations in the discharge canal where



these three species of fish are very numerous at all times when heated



water is being discharged.



          The salmonids have been collected at all stations except where



the water is heated by the discharge, indicating they may avoid this



area.  The heated discharge does seem to be an attractant to alewife,



carp and spottail shiners as evidenced by their absence when the plant



shuts down and no heated water is discharged.  The only lake trout



collected by seining was captured on May 23 just north of the discharge



structure when no thermal discharge was present.



          On June 13 and June 15 carp vere marked in the discharge with yellow



plastic streamers in the dorsal fins.  The purpose was to establish rough



population estimates and to determine if the carp were remaining in the



discharge.  One hundred carp were marked and visual observations were



made on subsequent days.  Marked carp were observed for two weeks after



the marking, but the plant then shut down and no marked carp were observed

-------
                                                                   11-107
up to July 1.    Rough population estimates based on established mark



and recapture methods showed between 1,000 to 3,000 carp were in the area



of the discharge on any one day in late June, while the heated discharge



was present.  It is thought this may be a low estimate, because at times



hundreds of carp were seen and none were marked.  The discharge also



has an abundance of alewives as evidenced by seine and trawl hauls in



this area when heated water is present.  It is impossible to estimate



how many alewives were in the discharge, but 100,000 would be a conservative



estimate for the late June period.  Nowhere else in the immediate area



do carp or alewife numbers approach those in the discharge.

-------
                                                                         II-108
                                  TABLE II-E-8
                               PALISADES PLANT

       Fish captured by use of 125-foot bag seine May 16, 1972 at night

                                    Station
Species Control
Alewife
(Adult )
Coho3
Smelt
Spottail
shiner
Pumpkinseed
Sunfish
Temperature (°F)
2
0
0
0
0
51
North Boundary
0
2
0
1
0
50
South Boundary
0
3
1
2
0
51
North of
Discharge
1
5
0
25
0
51
•""South of
Discharge
5002
0
2k
20
1
58
(l)  Thermal plume extended south and wanned seining area 7°F above ambient of 51°F«
(2)  Estimated to be at least this many fish.
(3)  Three to six inches in length.

-------
                                                                         11-109
                                 TABLE H-B-9
                               PALISADES FLSRT
Fish captured by
use of 125-foot
bag seine May 23,
1972 during
day
Station
Species Control
Alewife 26
(Adult)
Coho 1
Lake Trout 0
Smelt 0
Spot tail
Shiner 128
Temperature (°F) 50
North Boundary
21+
1
0
I3
56
51
South Boundary
95
162
0
0
k
51
North of
Discharge
35
5
1
0
1+7
51
South of
Discharge
26
1
0
0
1
51
(l)  No thermal discharge, plant  not operating but circulating water pumps working.
(2)  Three to six inches long.
(3)  Right pelvic fin clipped,  6  inches in  length.

-------
                                                                          11-110
                                  TABLE II-E-10
                                PALISADES FLAW

Fish captured by use of 125-foot bag seine June 13, 1972 at night (NS - not seined)

                                    Station
Spegies <
Ale wife
(Mult)
Coho
Smelt
Carp
Spot tail
Shiner
Temperature
Control North Boundary
80 NS
4
1

9
(°F) 62
"'"North of
South Boundary Discharge
NS 2,0002
0
0
ko
2
67
South of
Discharge
NS





(l) Thermal plume extended north and warmed seining area 5°F above ambient of 62°P.
(2) Estimated to be at least this many fish.

-------
                                                                         11-111
Fish captured by use

Species
Alewife
(Adults)
Alewife
(3 inches)
Coho
Brown Trout
Carp
Spottail
Shiner
White Sucker
Nine -spine
Stickleback
Bluegill
Perch
Temperature (°F
TABLE ii=i-i;
PALISADESHSN1
of 125-foot bag seine June 15,
Station
L
P
1972 during

1
Control North Boundary South Boundary
20 NS
98
16
6
1
135
0
1
3
0
) 67
UO
U

k
U
*8
1
0
0
0
69
the day (NS

North of
Discharge
l^OO3
0

0
78
207
0
0
2
6
7^-77
- not seined)

South of
Discharge
NS










(l) Thermal plume extended north and warmed seining area 7°F to 10°F above ambient
     of 67°F.
(2) Right pectoral fin clipped (3-6 inches in length).
(3) Estimated to be at least this many fish.

-------
                                                                   11-112
Additional Fish Trawling



          Two trawl collections have been made at each station (Exhibit II-E-l)




at 10 and 25 foot depths.  A 25-foot trawl is utilized and 5-minute hauls




are made on the bottom at each station.  Results of these trawl hauls on




May 2k and June 13 are shown in Table II-E-12.  Also, Table II-E-13 shows the



results of 5-minute trawl tows on June 13 starting at the shore area of




each station and towing out into the lake from approximately a 3-foot



depth to a 25-foot depth.  This type tow was tried twice at each station



and the data combined.




          The tows of May 2k were done in the absence of a heated discharge



when the plant was not in operation.  Few specimens were collected at any



of the stations and the only conclusion that could be reached is that fish




were not inhabiting the 10 to 25-foot depths at this time.




          The tows of June 13 were done in the presence of a thermal plume



which varied in temperature at the surface from 12 F above ambient of




  57  F at the point of discharge to 3°F above ambient lake at the 25-foot



depth.  The thickness of the surface plume was only 1-2 feet at the 25-foot



location and more than 5 ft deep at the 10-ft depth near the discharge.  From



the data, it can be seen that very few fish were captured at the 25-foot



depth (only at the North boundary station), but at the 10-foot depth more



alewives and smelt were captured in the discharge area than at any other




station.  The alewives were also usually observed in greater numbers in the



discharge area.  The smelt were not visually observed in the discharge




area, but more were collected in the discharge area than at any other




station.  Both adult and   young  smelt were collected at each 10-foot



depth station with no increase of either group recorded at any one station.

-------
                                                                   11-113
Additional Fish Trawling (Contd)



          A very general conclusion from the trawling data would be that



alewives, and perhaps smelt, were more numerous in the area of the discharge



and the plume.  Alewives, along with carp and spottail shiners, were found



to be more numerous in the area of the discharge and the plume in the



seining collections.

-------
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-------
11-115

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-------
                                                                         11-116
                                TABLE II-E-13
                               PALISADES PLANT

Catches per 5-minute tows pulled perpendicular to shore with a 25-foot trawl
  June 13, 1972.  (Total number of fish from two 5-minute tows combined.)

                                  Location
Species
Alewife
Smelt
Spottail
shiner
Perch
South
Boundary
86
6
0
0
Discharge
600
0
7
0
North
Boundary
170
10
2
2
                                                                         Control

                                                                           5U

                                                                           12


                                                                            2

                                                                            0

-------
                                                                  11-117
Fish Eggs and Larva



          The likelihood of fish eggs and larva being drawn into the



intake structure and passing through the plant has been studied and the



results of 1^2 hours of sampling are presented in Table II-E-lU.  The



method employed in sampling the intake water is to suspended a #20 mesh



Wisconsin plankton net in the intake bay on an anchored line so the mouth



of the net faces the incoming water.  The net remains oriented in this



position, although occasional currents move it in a  laterial direction.



The amount of water passing through the net is calculated assuming a



constant current of 9 feet/second through the 5-inch diameter opening of



the net.  Attempts to measure true velocity conditions in the intake  bay



produced highly erratic results because of turbulent conditions.  The



value selected is the theoretical average velocity through the intake



pipe and probably represents a maximum condition  at  the sampling point.

-------
                                                                                          11-118
           «H
           O  4)

           h
           (U   .

           *,3
                                                             o
a

I
g
T) CM

-------
                                                                   11-119
          A total of 9,201,500 gallons of water is estimated to have




been sampled in lU2 hours, producing a total of 918 eggs  and k larva



in the samples.  One sample, the June 15 one, contained a total of




826 eggs, which comprised 89$ of all eggs collected.   These eggs were



thought to be perch eggs due to the occurrence of ripe perch in the




traveling screen collections during this time period.   It is possible




that ripe female fish may be expelling their eggs in the  intake pipe



rather than the eggs being pulled into the intake from the area around




the intake openings.  The four larva have not been identified, but seem




to represent an insignifcant number passing into the plant at this point



in the study.  It should be noted that the R/V Cisco cruise in mid-June



found perch and alewife fry near the plant at depths of 3 and 5 fathoms,



which would be comparable to intake withdrawl level.




          Benthic samples are analyzed for the presence of fish eggs  to



identify spawning and egg incubation areas in the vicinity of the site.



The numbers of fish eggs in the preparational benthic samples are tabulated



in Appendix F and classified by time of collection and depth zones.   A



summarization of spawning information on selected fish species is also



included.  Observations of fish eggs in the June, 1972 benthic samples are



included in the initial results reported in Table II-C-1.




          In each year, the collections from June usually contained the




highest number of eggs at all depth zones and at each time of year.   The




perch, alewife, and smelt are the principal species known to reproduce




in the area at this time of year; thus, they are in all probability the



type of fish eggs found in the analyses.  This agrees with both the egg

-------
                                                                   11-120
collection data from the intake and the fish collecting data.  The moat



eggs collected from the intake were in mid to late June and the ripe



fish in the area at this time were generally perch and alewives.



Data from analyses of benthic samples in 1972 for fish eggs is not



yet available.

-------
                             	               683
 -,                            0.  Petersen
 2    information which we  have,  ask  them what  further  information
 .,    they need,  and then ask them  for  their  educated opinion  as
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to the effect upon the eco /ystem.
          MR. McDONALD;  Are you a lawyer?
          MR. PETERSEN:  I am a lawyer as I identified myself
at the beginning.
          MR. McDONALD:  Pardon?
          MR. PETERSEN:  As I identified myself at the
beginning of my statement, sir.
          MB  1'c DONALD:  I have no further questions.
          MR. MAYO:  Mr. Purdy.
          MR. PURDY:  Mr. Petersen, on page 2 of your state-
ment, as it relates to the — "no evidence of any water
masses that could be attributed to the effect of warm water
discharges from powerplants into the lake" —— these studies
did, in fact, show thermal plumes; they did not show a large
heated water mass from that plume moving out into the lake.
          MR. PETERSEN:  That is correct.
          MR. PURDY:  Thermal plumes were identified.
          MR. PETERSEN:  Yes, yes, indeed.
          MR. PURDY:  The other — not a question but a
comment — there is a difference, 1 believe, in the Water
Resources Commission feeling and what you have expressed
here, with respect to whether the Water Resources Commission

-------
     	684


                             0. Petersen


      in  large measure  accepted or  rejected the  recommendations of


      the Administrator.


                It  is my  feeling that the  Water  Resources  Commissioiji


      feels  that they did,  in large measure,  accept,  not reject the


      recommendations of  the Administrator as it relates to  thermal


 7 jj   standards  for Lake  Michigan.


 8              MR.  PETERSEN:  May  I  state that  that  would have


      been better phrased that 3 of the  4  States made what might
10
be considered significant deviations from the recommendations
11 j|   which  were  presented by  the  Federal  conferee and adopted by
   I

12 I   the  conference.
13 I
          MR. MAYO:  Just by way of an observation, Mr.
14 jl   Petersen,  you  at  least  implied in the  third paragraph of

   |

15 |i   your  statement that  at  the  last session of the  conference
16
17
the Federal conferee muscled the 4 State conferees into


taking a positon, and I would like to make the point very
      clear:   I  consider Bill  Blaser and  Ralph Purdy,  Perry Miller
   i

19 j!   and  Tom  Frangos,  as being  four of the  very,  very capable,


20 i1   and  four of the tougher  water  pollution  control  adminis-


21 'i   trators  in the country,  and we don't get away with muscling


22 jj   them around.

oo !
*•-' !•:             I think there  was a  good  deal  of rationale, and


2^    a  good deal of concerted technical  persuasion that led  to

Q C ! |
 •? |,   the  recommendations that came  out of the conference,  not

-------
                                                               635
 1
 2
 4



 5



 6



 7



 8
 9
10
11
12
19
20
21
                          A * Dowd
the application of muscle.



          MR. PETERSEN:  I thank you for your comment.  I



am sure that your comment about the quality of the gentlemen



is quite accurate; however I do not withdraw mine.  (Laughter!)
          MR. PURDY:  Mr. A. Joseph Dowd,  American Electric
Power.
               STATEMENT OF A. JOSEPH DOWD,




                ASSOCIATE GENERAL COUNSEL,




      AMERICAN ELECTRIC POWER SERVICE CORPORATION,




                   NEW YORK,  NEW YORK
13 |



               MR.  DOWD:  Mr.  Chairman,  conferees,  ladies  and

   I!

15    gentlemen.  My name  is Joseph  Dowd.   I  am Associate General



16 |   Counsel  of  American  Electric Power  Service  Corporation  and

   I

17 j|   am  appearing  here  today on behalf of  Indiana & Michigan Power!


, ,* !i
      Company, which is  one of  the companies  of the  American
Electric Power System, and which is presently constructing



the Donald C. Cook nuclear plant at Bridgman, Michigan, on



the shore of Lake Michigan.
22 ||            My  remarks  will  basically  consist  of several


o-a !
 ^ i   observations  regarding the Federal Environmental Protection



 ^ I'   Agency's thermal  report, which was submitted to this session



25 i'
   l|   of the conference.
   ii


   []	

-------
                                                                636
 1
 2
 3
 4
 6
 7
 8
 9
10
11
   I!
                         A. Dowd
          At page 14 of the EPA report,  reference is made
to the litigation instituted by the Indiana & Michigan
Electric Company against EPA.  That reference states that
 5 jj   the  litigation has  been  dismissed,  but  does  not  reflect  the
fact that an appeal from that dismissal is presently pending
before the Federal Court of Appeals for the District of
Columbia.  In fact, briefs on appeal by both parties have
already been filed, and we expect that oral argument will
take place within the next few months.
          we would hope that the EPA report could be amended
12 is   to  reflect  the  pending  appeal.
   i
13             Also,  it  should  be  noted  that  in  dismissing  the
14    case  on what  basically  were procedural grounds,  the lower
15    court judge stated,  and I  quote:  "It appears  that the Water
   i
16    Pollution Control Act confers no  authority  on  the Adminis-
17 !   rator to provide how an electrical  generating  plant is to
      be  constructed."
19             The judge  went on to  say, and  I quote:  "Even if
20    the Administrator is authorized to  require  closed-cycle
   i
21 I   cooling for plaintiff's plant,  I  have serious  doubts with
22 :   respect to  the  legality of the  procedure followed in this
23 :   case.   The  Lake Michigan Enforcement Conference  was convened
      pursuant to Section  10  (d) of the Water  Pollution Control
      Act.   That  conference has  to  do only with existing pollution

-------
     _________________________________________ 687_




                              A,  Dowd



      abatement."



                Our  participation  in this  conference today  should



      not be construed as  being  in any way inconsistent with the



 5    views expressed by the  court.



 6              Having gotten these few preliminaries out of the



 7    way,  I would like now to address myself to EPA's thermal



      policy,  which  appears on pages 17 and 18 of the EPA report.



 9 I             As stated  on  page  17, and  I  quote:  "EPA has



10    established  the policy  that  all discharges to the aquatic



11    environment  involving waste  heat must  be evaluated on a

   i
   i
12    case-by-case basis,  taking into account that some discharges
13



14



1$



16
17
19
20
21
22
 3



 ^
      must be evaluated collectively  due to their  combined impact



      on the receiving water."



                This "collective  evaluation" must  presumably



      relate to those limited situations involving discharges



      which are in close proximity  to each other and which, there-



      fore, present the possibility,  the potentiality of overacting



      or interacting plumes.



                This policy would appear to apply  to all plants;



      those presently operating;  those under construction, such



      as our Cook plant; and future plants.



                If our understanding  of EPA's  policy is correct;



      i.e., if the words mean what  they appear to  mean, then a
2 S
 ' i   case-by-case evaluation of thermal  discharges  is  a  sensible
   ji

   u

-------
      	                                 688
    ^                          - .       ~~~      _—_——_—



 ,                             A.  Dowd



 2    and a constructive policy.   It is a policy which,  if  properly



 ~    administered,  will assure necessary environmental  protection

    |

 ,    without the imposition of unnecessary costs on  the consumers



      of electric energy.  It is  a policy which makes sense,  and



      which should be applied to  Lake Michigan as well as to  other



 7    major bodies of water in the United States.
 '  !


                Also,  such a policy would appear to be consistent



      with the case~by-case approach adopted by the State of



10    Michigan in August of 1971,  thereby permitting, we would



11  i  hope, prompt approval by EPA of the Michigan standards.



12              Now, the foregoing represents our understanding

    i

13    of the English language as  it appears on pages  17  and 1& of



14 !   the EPA report.   However, Mr. Bryson, in his oral  presenta-

    i

15 ||  tion this morning, added a  concluding statement which does



16 jl  not appear in the EPA written report.  If I understand  Mr,
   11
   11

17 j   Bryson correctly — and I hope that he will correct me  if



IB ij  I misrepresent what he said, or the effect of what he said



19 i;  — Mr. Bryson, in spite of  the stated case-by-case approach,
   11
   I j
20 ||  said that EPA is adhering to its previous position by a



21 !'  1,000 foot mixing zone with no more than a 3°F. temperature



22 j;  rise at the edge of that mixing zone for all thermal  dis-

   11

23 !!  charges to Lake Michigan.   And that all plants  on  the lake
   i


24 i  which were not in operation on March 1, 1977, that such
   ! i


25    plants be operated with closed cooling systems.

-------
 •]_                            A.  Dowd
 2
10
11
12
13
14
15
16
17
IS
19
20
21
23
24
          This, of course,  is hardly a case-by-case approach.
It is, in fact, the very antithesis of a case-by-case
approach,,  Thus, black means white; yes means no;  up means
down; and case-by-case really means across-the-board — at
least for Lake Michigan.
          One can only speculate as to why this was not made
explicit in EPA's written thermal report to this session of
the conference, which report was made available to the public
several weeks ago.
          Let me ask a few questions which are not entirely
rhetorical.
          Why has EPA's thermal policy, which was enunciated
in Mr. Quarles1 letter of May 12, 1972, and in his speech
of May 16, 1972, been completely ignored insofar as Lake
Michigan is concerned?
          If a case-by-case approach is appropriate for the
rest of the United States,  why is it not also appropriate
for Lake Michigan?  After all, the first thermal finding,
which was set forth in the summary of the last session of
this conference, stated that, and I quote:  "The lake as a
22 i  whole will not be warmed except in localized areas by the
discharges of waste heat from existing and presently proposed
powerplants."  This is a finding which, I believe, was con-
curred in by EPA, and which dictates a case-by-case evaluation

-------
10
11
12
13


14
16


17


id
19
20
                         A. Dowd



for Lake Michigan.



          In March of 1971, the Third Session of this con-



ference was called by EPA for the express purpose of consid-
                                                              i
                                                              i

ering the recommendations of a Technical Committee on thermal

                                                              i

discharges.  The conference was held and the Technical Com-   j



mittee's recommendations were almost totally ignored.



          Today we are attending the Fourth Session of this



conference.  EPA stated in its written report, which was



publicized in advance of this session, that its thermal



policy involved a case-by-case approach.



          On the basis of EPA's performance this morning,  it



now appears that the publicized case-by-case approach will



be ignored in favor of the old and discredited across-the-



board approach.



          We respectfully submit that this type of behavior



is most unbecoming and most inappropriate for a responsible



Federal agency.



          Before closing, I would like to make brief mention



of the ecological studies of Lake Michigan which would have
21
     relevance to the thermal question and to which the AEP System


22
     either alone or in conjunction with other Lake Michigan


23
     utilities is responsible.  These are studies which have gone

or

     forward since the conclusion of the conference workshop


25
     almost 2 years ago.

-------
     	691


                               A. Dowd

               First are the series of limnological studies,

      Volumes  6,  7, $, 9, and 10 of which have been completed and

      published since the conference workshop.  These studies

      relate to the immediate vicinity of the Cook plant as well

      as  to the effects of thermal discharges from existing Lake

      Michigan powerplants.

               They are funded by I £ M and are being carried

      out by the  Great Lakes Research Division of the University

10    of  Michigan under the direction of Dr. John C. Ayers.  All

11    of  the volumes of this study have been furnished to the

12    conferees,  including EPA, as they have been completed.

13             I would like to point out for the benefit of Mrs.

14    Voita, and  to set the record straight, that these studies

1$ j   do  include  studies of the effects which thermal discharges
   i
16    from the Cook plant will have upon winter ice packs up

17    along the shore.  These studies conclude that there will be

1$ !   no  appreciable effect.

19             As you may recall, during the conference workshop

20    in  1970, we presented testimony and exhibits relating to an

21 j   aerial  survey which was being carried out for I & M by

22 j   the billow  Run Laboratories of the University of Michigan.
   i
   i
23    This work has continued since that time under the joint

      sponsorship of I & M, Consumers Power Company and Northern

      Indiana  Public Service Company.

-------
 1
 2
 7

 8
10
11
12
13


14


15

16
17
19
20
                                                              692
                         A, Dowd


          Mr. Petersen has entered into the record as an


exhibit a report containing black and white photographs.


We have what I believe is the same report, but it contains


the colored photographs, and we would like to offer this,


Mr. Mayo, as an exhibit for the record.


          MR. MAYO:  It will be received.


          (The document above referred to is on file at


U.S. EPA Headquarters, Washington, D.C., and Region V


Office, Chicago, Illinois.)


          MR. DOWD:  In addition, I & M in 1970 commenced


a study of lake water temperatures in the general and


immediate vicinity of the Cook plant site.  Daily maximum


values at the Benton Harbor and the St. Joseph city water


intakes have been obtained.  Also thermistor sensors on


armored submarine cable were installed at the Cook plant


site and have been used to record temperatures at five dif-


ferent points in the immediate vicinity of the site.


          Despite a number of problems caused by the


winter ice packs, lightning, sand movement, and even human
^•L \\  sabotage, we have been able to obtain a substantial amount

22 i
   11  of data on lake water temperatures.  This raw data has been


     made available to the conferees in Volumes 7 and 10 of the
   i,
2L i
   I  limnological studies.
   I!
25
               The work completed since the 1970  conference

-------
     	693





                              A. Dowd




     workshop   shows no significant adverse effects to the lake



     resulting from ^owerplant thermal discharges.  This work also



     einphc-.v.Ess the dynamic and v'a^iable character of the lake.



     For example, th?'  liUge amoun^o of cold water exist which are



     stirred about and oecasiona? •v come to the surface even dur-



     ing the hottest months, and that the distributions of fishes,



     phytoplankton, and zooplankton in the lake are very



     irregular, occurring in nonuniform concentrations and



10   patches, all of which tends to confirm the appropriateness



11   of evaluating thermal discharges to Lake Michigan on a case-



12   by-case basis.



13             Mr. Chairman, this concludes our statement.



               MR. MAYO;  Any comments, gentlemen?



15             MR. PURDI:  I have a question, Mr. Chairman.



16             MR. MAYO:  Mr. Purdy.



17             MR. PURDY:  Mr. Dowd, earlier Mr. Falls reported



1°   his determination that certain scouring problems would occur



19   at the outfall structure.  I am wondering if your modeling




     studies have identified this, and if so have adjustments or



     have remedial measures been incorporated into your project?



               MR. DOWD:  The answer to both questions is yes,




     Mr. Purdy.



 ^             Our modeling studies recognize the distance of



     scour, and we have taken measures to rip-rap to the extent

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                                                              694
 3

 4
 6

 7

 8
10
11
13
16
19
<-) !


05
 '
                              A. Dowd

      necessary  to  take  care of any  scouring problem that might
      occur.
               MR. PURDY:  That is all.
 5 I            MR. MAYO:  Any other  comments, gentlemen?
               MR. McDONALD:  I would like to make a comment,

     Mr. Mayo, on Mr. Dowd's  statement about the inconsistency

     of the  thermal policies  issued by John Quarles, the

     Assistant Administrator  for Enforcement on May 12, 1972;

     i.e., the inconsistency  with the conference recommendations

     that the EPA Administrator issued in May of 1971.
12 !             I think, Mr. Dowd, that you have to look at the
      total  findings that were announced in the  summary of the
14 !   conference by Administrator Ruckelshaus in May of 1971 and
   ii
15 !   not  just  one of those many findings.  The cumulative weight
     of those  findings is very obvious and is recognized in the
17 ||   preamble to the recommendations where the conferees unani-

      mously  agreed to the  fact — right under the recommendations
     on page 10 of the issuance  by the Administrator:
   1 1
20 jj             "In order to protect Lake Michigan, the following

21 !j   controls to waste heat discharge are concurred in by the

22 !'   conferees  representing Indiana, Michigan, Wisconsin, and

 •
      the United States Environmental Protection Agency."

      Illinois is not included.  And then it goes on to name the

      recommendations*  That was after the findings were in.


-------
     	695^


 1                            A. Dowd

 2             This thermal situation on Lake Michigan was con-

 3    sidered as a whole in May of 1971 when those recommendations

      were issued.  When Mr, Quarles issued his thermal policy --

      Mr. Quarles being, again, the Assistant Administrator for

      Enforcement — he was luliy cognizant, thoroughly versed in

      the issues of Lake Michigan.  He was not trying to slip the

      Lake Michigan recommendations into the wastebasket by issu-

      ing this thermal recommendation.  Not only would Mr. Quarles

10    not have any authority to do this, but this isn't the way

11 i;   he does business.
   1i

12             Also, in Mr. Quarles1 May 12, 1972, policy, he
   i
i-3    talks about a case-by-case analysis.  He also refers to

14    total cumulative heat loadings.  By "total cumulative heat

15    loadings" — and that is in black and white, as you sug-

      gested that the other parts aren't — he means just what

!7    he says:  total cumulative heat loadings.  This is the

      situation in Lake Michigan; concern for the total lake.

19             We know and you know, on the basis of the record

      of the last conference and this conference, too, that all

      of the returns are not in by a long shot.  Administrator

      Ruckelshaus, when he  made his recommendation and when he

      addressed a letter to this conference, stated that if he

      is going to err, he is going to err on the  side of safety.

      And  I think that the inconsistency that you pointed out

-------
                                                  	         696





                               A.  Dowd



      in the  Quarles*  policy versus  the Administrator's  announce-



      ment  is,  in fact,  not  an inconsistency at  all.



                MR.  DOWD:  Mr, McDonald,  the inconsistency  that I




      am noting is not between the 1971 policy by the  Administrator




 6    and a May 1971 policy  by Mr, Quarles.   I am addressing
   11


 7 i   myself  to an inconsistency between what is stated  here in a




 8 li   September 1971 report  and what Mr.  Bryson  told us  this
   I


 9    morning.   This is a  September  1972 report  submitted to the

   i


10 |   Lake  Michigan Enforcement Conference.
   11
   11

11 ji             MR.  McDONALD:   Well,  let me  tell you —  you are
12
13



14
21

      talking about  the  last  statement  Mr.  Bryson concluded on
      the
               MR.  DOWD:   I  am  talking  about Mr.  Bryson's  state-
15 1 1   ment  after reading this which talks about  case-by-case  with



16 |j   some  collective  evaluations where necessary.  Mr.  Bryson
   i ,
   ii

17 j'   then  concluded his remarks with something  that  was  not  in



!•£ i   here;  he  said that this does not represent  any deviation from



      the Administrator's position,  as expressed in his May 1971



      letter, and in the recommendations of  the  conference of



      May 1971.

   i j


22 !             MR.  McDONALD:   And Mr.  Bryson  is absolutely right;


93
"~J    it doesn't.,   And the reason Mr.  Bryson inserted that was,



   'i   again,  I  think,  for a fairly obvious reason:  some  of it


2r> ;
 " "   relates to the newspapers,  again.

-------
    	697




 1                             A.  Dowd



 2              MR.  DOWD:   Mr.  McDonald —



 3              MR.  McDONALD:   There  has been speculation  that



 4    this conference recommendation  does not stand.   It does



 5    stand.



 6              MR.  DOWD:  — could I  just ask one  question?   I



 7    donft mean to  be argumentative.



 8              MR.  McDONALD:   Well,  I don't  either.   But  I  think



 9    this is a fundamental point.



10              MR.  DOWD:   This is a  report of the Lake Michigan



11    Enforcement Conference.   We  are not directly concerned with



12    what the policy is with respect to other bodies of water  in



13    the United States.



14              Now, if the EPA policy is still that  every thermal
    I

15    discharge into Lake  Michigan should be  confined to a  mixing



      zone of 1,000  feet with a 3°  maximum at the  edge, why  in



17    heaven's name  didn't you state  this or  reaffirm it explicitly



      in your report?



                MR.  McDONALD:   For a  very, very simple reason —



20    and I am surprised that you  raise this  point.   I am  glad



      that you raise it, from another standpoint.



22              The  conference recommendation has  been made. It



 ^    has been announced.   It stands.
    i


 ^              MR.  DOWD:   This could very well supersede  the con-


25
      ference recommendation,  it seems to me.

-------
                                                              698
 1
 2
 6
 7
10
12
13
15
16
17
IB
19
20
21
22
                              A. Dowd
               MR. MAYO:  If Mr. Quarles intended that his policy
     was going to supersede the recommendation of the Lake Michi-
     gan Enforcement Conference or any other conference, Mr.
     Dowd, I think he would have said so.
               MR. McDONALD:  Well, I think additionally that
     Mr. Ruckelshaus who had issued it — he is the one that
     changes any recommendations in the conference, not Mr.
     Quarles.
               MR. HENRI:  Well, I think it is perfectly clear
11 ji  you are trying to supersede Mr. Quarles.
               MR. McDONALD:  I think we have spoken to this
     point, and I am glad you brought it up from the standpoint of,
     if you think there is an inconsistency, there is certainly
     no inconsistency on our part.  The recommendation was made
     in May of 1971 when the Administrator, who is the one who
     has the authority to make the recommendation, made it.
     The Administrator has not changed his recommendation, and
     the recommendation is in toto, that is the entire conference
     summary that he issued in May of 1971, which includes the
     1,000 feet and the 3°.
               MR. DOWD:  And your statement, on page IB of this
   '  report, which is only a few weeks old, says that:   "To
24
     Quarles1 policy — "on thermal discharges to Lake Michigan,
     determine the impact of this policy" — that has to be Mr.
25 ^

-------
     	699



 1                            A. Dowd


 2   one must  conduct a thorough assessment of each major heat


 o   source individually and collectively ..." —


               MR. McDONALD:  I fail to see any problem in that


 5   statement.


 6             MR. DOWD:  Why conduct these surveys if you have


     already decided that all plants have to be confined to a


     1,000 foot  radius, as far as the mixing zone is concerned,


 9 !  and that  all  future plants, and possibly those under con-


10   struction,  must be constructed with closed cooling systems?


11             MR. McDONALD:  One of the reasons this conference


12   session was reconvened, again, was a very elemental reason:


13   There has been a good deal of controversy on the recommenda-


14   tion that the Administrator issued in May of 1971.  This is

   j
15   a matter  of public record.  Three of the four States do not


16   agree with  the recommendation.


17             The conferees, the States were called back into


     session to  give not only them but the Federal Government,


19   and to give  obviously affected parties,such as your com-


20 j  pany, an  opportunity to come back into this session, so we


21    can look  at the total record again.


22 j            in  the meantime, this recommendation  still stands.


23             MR. DOWD:  I am  glad we have clarified that,


24   Mr, McDonald. Thank you.


25             MR. MAYO:  I have one  comment.  I think, Mr.  Dowd,

-------
                                                              700
 3
 4
 6
 7
 B
 9
10
11
12
13
14
15
16
17
20
21
                         A.  Dowd
it is appropriate, when you are making reference to the
findings of the conference,  not to be as selective as you
were.  Because it seems to me you implied that,  on the
 5 j   basis  of Finding  No.  1,  that there was adequate justifica-
tion for considering the large thermal dischargers into
Lake Michigan on exclusively a single-plant-by-single-plant
basis.
          I think perhaps you overlooked and maybe you
ignored the Binding No. 16 which says:  "Discharges from a
single large plant located in a spawning ground or across
a migratory route could significantly disrupt the balance
of the affected species throughout the lake."  And I think,
on the basis of that finding, if there was no other finding
made, you just have to take the time to look at the plants
in some collective fashion.
          MR.  DOWD:  Mr. Mayo, that strikes me as looking at
the effect of an individual plant and determining whether
its thermal effluent goes into a spawning ground.  We have
no quarrel with this at all.
          MR.  MAYO:  Any other comments,  gentlemen?
22 ;            MR. McDONALD:  I would like to add one thing.
00
      It  relates  to Mr. Purdy's testimony.  If I understood his
      testimony right, he  is looking at the total lake also and
      not on  strictly a case-by-case basis, but for total

-------
    	701



 1                            W. Blaser


 2   protection of that lake, even though all of the parameters


 3   aren't in, in terms of his ability to assess that.


 4             MR. MAYO:  Any other comments, gentlemen?


 5             MR. PURDY:  That completes, to my knowledge, those


 6   that wish to make statements for Michigan.


 7             MR. MAYO:  Gentlemen, if I could have a word with


 8   the conferees for a minute, off the record, if I may.
   i

 9             (Discussion off the record.)


10             (Short recess.)


11             MR. MAYO:  May we have the conferees at the head
   I

12   table?


13             Ladies and gentlemen, in keeping with the agenda,


14   the next presentations will be those of the State of Illinois


15   and the Illinois interests.


!6             Mr. Blaser.


17


18                 STATEMENT OF WILLIAM L. BLASER,


19           DIRECTOR, ENVIRONMENTAL PROTECTION AGENCY,


20                       STATE OF ILLINOIS


21                     SPRINGFIELD, ILLINOIS

22


2^             MR. BLASER:  In order to help clarify the situa-

01
     tion with the Illinois regulations on thermal as  compared

25
     to the conference recommendations, I have a statement here.

-------
                                                              702
 1
 2 I  Copies are available.
 3
 4
 6
 7
10
11
12
13
14
15
16
17
IB
19
20
                              W. Blaser
          The Illinois Environmental Protection Act requires
that all regulations, including thermal standards,  be set
by the Illinois Pollution Control Board, of which David
Currie is the Chairman.
          It is further required, under the Act, that this
be done based on facts established by open public hearings
with sworn and recorded testimony, rules of evidence, right
of cross examination, and Board-written decisions and sup-
porting reasoning.
          No matter how strongly the Federal Government
recommends a thermal standard through this conference,
Illinois can only adopt enforceable standards through pre-
sentation of evidence to the Illinois Pollution Control
Board.
          This fully-recorded process was followed in a
series of open hearings, and participation in workshops
held in early 1971 to establish "Thermal Standards for Lake
Michigan11 (PCB R-70-2).  Copies have been made available to
      all  conferees and are available to members of the audience.
oo
               In this opinion, our Pollution Control Board has
23
   !   spoken  quite eloquently to the concern that Illinois has
o i  '!
 ** ;   on thermal  enrichment of  Lake Michigan.  Details of the
   [   Illinois position on the  thermal standards and that of our

-------
     	703


                              W. Blaser


 2    regulations  follow.


 o              The  recommendation of the 1971  conference was


      that  each  discharger  shall  complete preliminary plans for


      appropriate  facilities by December 31» 1971; final plans


 5    by June  30,  1972;  and place such  facilities in operation by


 7    December 31, 1973, for off-lake cooling.


                Our  Board concluded after extensive public hear-


 9 j   ings  that  there  was insufficient  evidence of significant


10    ecological damage  to  require the  existing heat sources to


11 j   backfit  cooling  devices.  The Board does  require, however,
   I

12 i   that  the source  of heated effluent demonstrate in a hearing


13    before the Board within 6 years that the  discharge from


14    that  heated  source has not  caused and  cannot reasonably be


15    expected to  cause  significant ecological  damage to the lake.

   i
16              The  regulations also provide for the requirement


17    of backfitting of  alternative cooling  facilities, if it is


      found at any time  that any heated effluent causes significant


19    ecological damage  to  the lake.


20              As far as new heated effluents, our Board has


21    spoken to  its  concern on the matter of siting of additional


22    large heat sources on the shores  of Lake  Michigan.  Our


      regulations  require in Rule 206e  (3)  (A)  that no source or


      heated effluent  which was not in  operation nor under con-


      struction  as of  January 1, 1971,  shall discharge more than

-------
 4



 5



 6
 7
 9
10
11
12
13
14
15
                                                              704




                              W, Blaser



      a  daily  average of  0.1 billion B.t.u. per hour.  We are aware



      plans  to locate an  additional heated  effluent on the Illinois



      shores of the  lake.



                As to mixing zone, the recommendation of the con-



      ference  was:   "...  at a maximum distance of 1,000 feet from



      a  fixed  point  adjacent to the discharge."



                The  Illinois regulations, Rule 206e  (1), identi-



      fied the mixing zone as "... shall be no greater than a



      circle with a  radius of 1,000 feet or an equal fixed area



      of simple form."



                The  concept of mixing zone  is further explained



      in our Rule 201a which requires case-by-case evaluation with



      the following  items to be considered:  The character of the



      body of  water: the  present and anticipated future use of
1° i<   the  body  of water; the present and anticipated water quality



17 ;j   of the  body of water; the  effect of the discharge on present




1° |   and  on  anticipated water quality; and the dilution ratio

   i!

19 jj   and  the nature of the contaminant.




^° ;]            The 1971 conference further recommended that the




^1 l   receiving water not be more than  3° F. above the existing
   ]



2^ i   natural temperature nor should the maximum temperature




2^ :|   exceed  the monthly maximum limit.  The Illinois regulations


Q I

   .   do reflect this requirement.


25 "
   ':            Water Intake:  "Design to minimize entrainment

-------
   	70J>_




 1                            W. Blaser



 2    and damage  to  desirable aquatic organisms."  This requirement



 3    is  reflected in Rule  206e  (2)  (F) which states:  "... all



 4    reasonable  steps  shall be  taken to reduce the number of



 5    organisms drawn into  or against the intakes."



 6             The  existing Commonwealth Edison Company, Waukegan



 7    Works, has  an  intake  bay and channel with fish nets.  The



 8    Zion facilities are being  designed to comply with these
   1


 9 i   requirements.



10             Recommendation:  "Thermal plumes shall not over-



11    lap or intercept."



12             The  Illinois regulations reflect this requirement



13    in  Rule  206e (2)  (E)  which states   "... heated effluents



14    from more than one source  shall not interact."

   i

15             Recommendation as to temperature and flow



16 1   records:  Operating reports are required from the existing



17    Commonwealth Edison Company facility and are submitted on



l^    a monthly basis.



19             Finally, the intake  structure design:  We have



20    compiled some  data on the  design of the intake structures



21    at  existing water plants and industries utilizing Lake



22    Michigan water.   We have no evidence of "significant



23    ecological  damage" to the  lake as a result of withdrawing
   [


 ^    organisms from the lake.



25             Any  questions?

-------
                                                             706




                              W. Blaser



               MR. MAYO:  Any comments or questions, gentlemen?



               MR. McDONALD:  Mr. Blaser, what type of temperature



      flow records do you require?  Do you have a special form that



 5    is  filled out?



 6             MR. BLASER:  We have a requirement.  We have spent



 7    a good period of time — I will turn to Mr, Blomgren, who is



      more familiar with that detail.



 9             MR. BLOMGREN:  We require them to report the daily



10    minimum and the daily maximum temperatures for each day of

   j j

11 i|   the month and submit reports monthly.
   i


12 j            MR. McDONALD:  And these are all company reports?



13             MR. BLOMGREN:  Yes, sir.  As every  discharger in



14    Illinois is required to submit operating reports, so is

   I

15 '   Commonwealth Edison.  We supplement their reports with our



16    surveillance and monitoring data.



17 !            MR. McDONALD:  In regard to the Zion facility,



      will the Zion facility have the same reporting requirements



19    as  the city of Waukegan facility now has or will they be



20    additional?



21 |            MR. BLOMGREN:  We see no reason to  ask for any



      more at Zion than we now do in Waukegan.



                 , McDONALD:  Could you itemize what you have
 ^ ji  asked?  Do you have a  form that —
               MR. BLOMGREN:  No.  They are reporting  currently

-------
                                                               707


 1                             W.  Blaser

 2    daily minimum and daily maximum temperatures.

 3              MR. McDONALD:   And that's  it.

 4              MR. BLOMGREN:   And flow.

 5              MR. McDONALD:   What about  special monitoring

      requirements in the lake itself?  Will any monitoring requiref

      ments be imposed upon the company or have such requirements

      been imposed?

 9              MR. BLOMGREN:   They are currently engaged  in an

10    operating report survey,  yes.

11              MR. McDONALD:   Is  that a survey that was designed

12 j   by the State of Illinois,  or was it  formulated by the

13    company?

14              MR. BLOMGREN:   It  was company-formed.

15              MR. McDONALD:   Did the State participate in the

16    design of the monitoring —

17              MR. BLOMGREN:   We  reviewed them with them.

13              MR. McDONALD:   Is  that in  a special  write-up or do

19    you have criteria against  which you  assess that, or what

20    was the developmental  process  of the monitoring?

21              MR. BLOMGREN:   Something like that is reviewed  in

22    Our permit section.   The proposal was submitted by Common-

23    wealth Edison and reviewed in our permit program and  con-

2k I   curred with.
   !!
2 5              MR. McDONALD:   And how far does the  monitoring

-------
                               	70S

 ,                             J. Blaser

 2   extend into the lake?
               MR. BLOMGREN:  I am sorry.  I do not know that
     right offhand.  We could get that information for you.
 5             MR. McDONALD:  Do you know of any source of
 6   information that you will be receiving to assess the total
     effect, say, of the Zion discharge if it doesn't have
 8   polluting power into and upon Lake Michigan, similar to
     what Mr. Purdy suggested he might want to look at?
10 I            MR. BLOMGREN:  Yes, sir, certainly.  Our regula-
11   tions do require pre- and post-operation surveys.  They are
12   engaged in pre-surveys right now*
   |
13             MR. McDONALD:  In terms of total impact on the
14   lake, do you know of any data that you will be receiving
15 I  from the Federal Government or the other States, or whoever,
16 i  to make this assessment?
17 j            MR. BLOMGREN:  I do not, no, sir.  I don't; not
1° ;  on the total lake.
!9 |            MR. McDONALD:  Do you think this is important?
20 j|            MR. BLOMGREN:  It certainly has to be taken into
21 ;i  account.
22 !i            MR.  McDONALD:  Do you think it is an essential
2*5 !
 J \'  ingredient of information that the State of Illinois should
•o i i,
 ^ ;|  have to assess the large volume heated discharge into the
25
   i  lake — a volume such as represented by the Zion plant?  Or

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10
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14
15
16
17
19
20
21
22
23
24
25
	709

                         W. Blaser
 do  you think,  in  the alternative, this should be decided just
 on  local  environmental  damage?
          MR.  BLOMGREN:  I think from what we know today
 it  has to be handled on the basis of local improvements,
 but there is no doubt that the total effect has to be  con-
 sidered.
          MR.  BLASER:   May I add to that?  As I understand
 it,  if there is local — first of all, we do have the
 requirements that if there is local damage, we would require
 of  the plant backfitting.  Second, we have the survey  going
 on  —  not the  physical  but the aquatic biology — to give
 us  a benchmark against  which to measure.  We have proceeded
 to  do  that  and we anticipate doing that.
          Should  we find local damage, obviously backfitting
 would  be  required.  If  anyone has evidence to lakewide
 damage, obviously that  would also require backfitting.
          MR.  McDONALD:  When you say you would require
 backfitting, Mr.  Blaser, what do you mean?  What would be
 your criteria  for assessing that backfitting would be
 required  at Zion  if the plant proceeds without damage?
          MR.  BLASER:   I think the heart of your question
 is: What is significant ecological damage; what is, in
 effect —
           MR.  McDONALD:   No.  My  question  is:   What  criteria

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7
                   	710


 -,  i                            W.  Blaser
   ii
   j   __.  what  parameters  are  you going  to use  so  that you  can  make

      a judgment  that would trigger  a backfitting directly to  the

      company?

               MR. BLASER:   Well, I may not have made  clear the

      limitations of our  agency.   Essentially  what evidence we
      have  would relate  to  the  Pollution Control  Board.
               MR. McDONALD:   I  am  sorry,  I  didn't  understand

 9  |  that.   Would you  repeat  that,  please?

10             MR. BLASER:  The  evidence that we would  have would

11 ;,  be  laid in  front  of  the  Pollution  Control  Board.   It  is

12 I1  their  judgment  as to whether it  represents significant

13    enough damage to  cause backfitting to be required.
    |
14  j           MR. McDONALD:   Well, let me ask  Mr.  Currie.  Maybe

15    he  can comment  on what criteria  or what parameters the Board

1,6    could  take  under  consideration to  make  this type of judgment

17 ||  since  this  appears to be a  one-of-a-kind type  of judgment
   !!
    j
18  |  that would  be made in time.
   i j
19 j;           MR. CURRIE:  The  opinion that the Board  wrote, in

20 |]  adopting the standards,  goes into  some  detail  in discussing
   j
21    the types of damage  which can  occur from the input of heat
   I

22 ji  to  the lake.  We  would,  of  course, be looking  for  evidence

23 j]  of  that kind of damage or any  other kind of damage that

      might  be presented if a  case were  brought  to us under this

      provision.


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                              	711





                               W.  Blaser



 2              I don't think it is possible,  at  this point,  to



 3    speculate with any degree of concreteness as to exactly how



      many fish would have to be found to  be killed,  over what



      period of time, or what degree of increase  in the production



      of undesirable algae in order to trigger a  backfitting  re-



      quirement.  For this reason,  the regulation was left very



      general.   It speaks in terms of significant ecological



 9 |   damage.   We would want to know the number of fish killed.
   I


10    We would  want to know the amount of  effect  on algae. We



11    would want to know the size  of the area  affected.   Any



12    facts which would be brought before  the  Board would be  con-



13 !   sidered by the Board in determining  whether or  not the



      damage done was significant.



                MR.  MCDONALD:   Was it the  Board's intent at the



      time you  passed that regulation to impose some  of these



17    self-monitoring requirements,  such as  fish  kills,  entrap-



      ments,  upon the company itself to report to the agency?



      Was that  part of your hearing consideration?



                MR.  CURRIE:   What  the regulation  says on that is


O"I
      that the  company shall submit such reports  as will be re-

   II
22 l
      quired by the agency because we felt they were  in a better


23
      position  to determine than we were precisely what  kinds of


2L
      reports they needed in order to help them perform their


25
      surveillance function.   We certainly contemplated that  the

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 7
 3
10
11
12
13
14
	712

                          W. Blaser
 agency  itself would  conduct whatever surveillance on its own
 it  felt necessary to see  to it that the company was giving
 all of  the relevant  information.
          MR. MCDONALD:   Does the Board itself in Illinois
 have any  responsibilities on a question like this regulation
 to  ensure itself that the agency will accumulate the
 necessary evidence,  or is your responsibility done when you
 pass your regulation?
          MR. CURRIE:  I think one could say that the Board
 has a continuing responsibility to consider whether or not
 the regulation is adequate, and if there is some way it
 comes to our attention that inadequate information is being
 gathered as a result of some provision of the regulation
15 ;  not being strong enough, then we would undertake, on our
16
17
IB
19
20
21
 own, to the  extent that we have had the necessary informa-
 tion, to  change the regulation.
          But, basically, once the regulation is passed,
 the  enforcement of it is left in the agency's hands and we
 don't act again until and unless someone brings a case
 before us for enforcement of the regulation.
22 |            MR. McDONALD:  Is there any ability to act on your
70
"~J '  own initiative in a case of sufficient magnitude?
?L
   ;            ME. CURRIE:  Not with regard to enforcement, no;
25 !i
   ,  with regard to the amendment of the regulations, yes.

-------
          	713


 1                             W.  Blaser

 2              MR.  McDONALD:   Thank  you, Mr.  Currie.

 3              MR.  BLASER:  Might I  add that  the  Board  can

 4    request information from the studies  and they  have done

 5    so in the past in other  matters.

 6              MR.  McDONALD:   Would  it  be  possible  for  your

 7    agency, Mr.  Blaser,  to make  available to the conferees

 8    within the next week, the full  extent of the monitoring

 9    program and reporting program that you have  imposed upon

10    the Zion facility and the Waukegan plant?

11 i             MR.  BLASER:  This  can be done.   Some requirements

12    are built into the permit that  we  issue  for  the  discharge;
   i
13    others on an informal basis.  We can  consolidate both types

14    and provide  the information  to  you.

15              MR.  McDONALD:   I would be interested in  one

16    other item also and that is  whether there is any mechanism

17    by which the company will report damages that  they discover

      as far as the  official reporting procedure —  that is fish

19    kills that would occur in the vicinity of the  plant dis-

      charge and any entrainments  that might take  place  — whether

      you have any requirements along this  line.

22  i            MR.  BLASER:  I would  like to review  the  permit

  •*    requirements and the informal agreements and consolidate

  ^    them for you.

2^  i            MR.  McDONALD:   Very good.   Thank you.

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                                                               714
 1
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 3



 4
 7


 a
21
                         D. Comey



          MR. MAYO:  Any other comments or questions,
gentlemen?
          Please go on, Mr. Blaser.
 5 ||            MR. BLASER:  All right.  The next  speaker we have

   l!

 6 I'  is David Comey representing the Businessmen  for the Public
Interest.  He is going to have to leave.  Here he is,



          Mr. Comey.
 9



10 |l               STATEMENT OF DAVID  DINSMORE  COMEY,
   I !                                                *
   i


11 jj              DIRECTOR OF ENVIRONMENTAL RESEARCH,




12 11             BUSINESSMEN  FOR THE  PUBLIC INTEREST,




13 i|                       CHICAGO, ILLINOIS




14 j
   i i
   | j

15 !!            MR. COMEY:  A little  while ago there was a  voice


   !i

16 ;j   from the audience and when asked who it  was,  he  said,




17 ||   "Henry."  That was  Henry the Eighth:  (Laughter)

   i


13 !•            I  would like  to begin by  correcting one item  on




19 !   the record.  On pages 14 and 15 of  the EPA  statement  this




20 i   morning, there is a lawsuit identified as Businessmen for
the Public Interest versus the Atomic Energy Commission.
22 jj  The  correct name of that  suit  is  David  Dinsmore  Comey  versus



 -^ ij  the  Atomic Energy  Commission.   It has a nice  David  and



2^- i;  Goliath ring to it.   (Laughter)


2 S !
 J i            The last time I appeared  before  the conferees was

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          	715





                               D. Comey



     in March of 1971, at which time we had just concluded an



     agreement with the Consumers Power Company to install cool-



     ing towers at the Palisades plant.  At that time,  I indicated



 5   that it might be necessary for us to enter into further



 6   proceedings, and we were obliged to, in the case of Wisconsin



 7   Electric Power.  We filed an intervention on the  5th  of



 8   April of 1971,  That proceeding is still going.



 9             The company received a 20 percent license in



10   June, which was stayed by the United States Court of Appeals



11   for the Seventh Circuit.  The plant is now operating at 20



12   percent power since the end of July.  However, the matter



13   is on appeal before the Appeal Board of the Atomic Energy



14   Commission, and based on recent oral argument, the license



15   may be removed,,



16             I bring this up because an outgrowth of the Pali-



17   sades case was the Calvert Cliffs decision.  The briefs in



     that case were written by the Palisades lawyers and, as you



19   know, the Atomic Energy Commission was severely called down



20   for its environmental policies with respect to not only




     thermal pollution but the general effect or the environmental



     effects of powerplants.



23             What we have found in the long protracted hearing




     before the Atomic and Safety Licensing Board in the Point



 *   Beach case is that the power company there — Wisconsin

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                                                               716
 1
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10
ii
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13
15
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24
                               D. Comey
   ,,   Electric Power —- like all of the other power companies
is stating and attempting to prove that "there is no evi-
dence of significant adverse effect" upon the environment
from the operation of the plant, at this point.
          I would submit that a man sitting in a room with
his eyes screwed tightly closed also would be unable to
observe any evidence.
          "Wisconsin Electric Power tried to prove that it
would have no significant — the plant would have no signi-
ficant adverse effect and was unable to do so at the hearing
in June in Milwaukee. They essentially depended upon a
$15,000~a-year study.  And I might point out the reason I
mention the cost of the study was that  at the same time, they
were spending over $1 million a year on advertising! and
one year they spent $26,000 for a political lobby; so this
gives you some idea of their priorities about Lake
Michigan.
          The Atomic Safety and Licensing Board,  on the
basis of the evidence, decided that no weight could be
given to that study; just wasn't enough.  The Board, for
some reason, decided that the literature survey that the
Atomic Energy Commission staff had made was sufficient to
license the plant.  That is now the subject of the appeal.
          I would like to point out though that the Board

-------
     	717




 1                             D.  Comey



 2    did order the applicant to  do surveillance,  and the testimony!



 3    that we heard in August in Milwaukee was that  the cost of



 4    that surveillance at the Point Beach plant  for the first



 5    year may approach the order  of $1 million.



 6              Now,  there is a big difference between $15,000 a



 7    year and $1 million.  You can do  a lot more research.   But



      the utilities,  despite all  of their protests about "there is



 9    no evidence" have not been doing any significant funding of



10    research to determine whether or  not there  are any signi-



11    ficant effects.



12              Consequently, I find that much of the testimony



13    which comes in, in these cases, and which you  are about to



      hear from Commonwealth Edison —  I have read it — really



15    has a very, very thin data  base.



                I think it is also interesting to notice that Dr.



      Stoermer — although he testified at the Point Beach hearing



      that as far as he was concerned the Point Beach study was



      sufficient to warrant licensing of the plant — in a



   !!   memorandum, which was found later, that had been written



      prior to the hearing, Dr. Schneider had recommended to the


22
   1   Atomic Energy Commission that the study was not sufficient,



      and had indicated also that he thought the  AEC ought to



      tell it like it is in its Environmental Statement.  Dr.


25
      Schneider's remarks were not incorporated into the

-------
                              D. Comey


     Environmental Statement because generally no adverse comments


     are included in these statements,


 2. '            I have been reliably informed by people at Oak
 " i

     Ridge that Lester Rogers, who is the head of the AEG Division


     of Environmental Surveillance — or whatever it is called —


 7   systematically edits these things out.  One of the most


     frequently edited words is the word "not," such as in the


 9   phrase, "The applicant's program is not sufficient."


10   (Laughter)
   ]
11             As a result of a decision which was reversed, or


12 |  a decision which was actually on appeal from the Appeal
   j
13   Board, we are now able to subpoena people from the National


14   Labs who prepared these reports for the Atomic Energy Com-
   i

15   mission.  If there are any Argonne people here, I would like
   i
16   to tell you that in the case of Zion and Kewaunee we will be


17   seeing you

               I might point out also that in the Palisades


-L9   Environmental Report, which was not prepared by Battelle or


20   t>y Argonne, but which was prepared by Oak Ridge — a truly
   I

21 ;  competent organization — that the Environmental Report said


     that the environmental studies that had been done at


     Palisades were clearly not sufficient.  Now it was rather


     interesting for the regulatory staff of the AEC to take that


   !  position in the Palisades case because Palisades had already
   j i

   II

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	719

                          D.  Comey
 agreed to build a cooling tower,  so  that the staff was safe
 in actually revealing the rather  shabby study that was done
 on that.
           Now the AEG had the  nerve  today to say  that  they
 welcomed input.  1 noticed that they confined it  to the
 Federal agencies and to  the  State agencies.   I might point
 out that they ignored the public.
           wfhen we put in rather lengthy comments — I think
 some 145 — rather specific  comments on the  Point Beach case,
 on the Environmental Report, the  Atomic Energy Commission
 refused to print them and react  to  them,  as they are
 statutorily required.  They  said  that they were litigation
 documents, that they were not  required  to  intervene.
           That is what I would characterize  as metahypocrisy,
 that is a hypocrisy piled on top  of  a hypocrisy.
           In effect,  what I am saying is that  if  the con-
 ferees sometimes think that the AEG  can be trusted to  pro-
 tect the environment of  Lake Michigan,  they  are dead wrong;
 the record is quite the  opposite.  And  I am  not so sure
 that we can trust the States either.
op
 ^ '            Mr.  McDonald said that  had the original mixing
 zone criterion been 99# feet, it would have appeared that a
P i
     great deal of thought had gone into  that,  which is why,  when
25
     I saw the 3»400 foot requirement in  the Michigan order,  which

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  3



  4



  5



  6
 7
 9
10
11
12
     ________________________________________ _  _______________ 720




                                 D» Comey



      was published December 17 of 1971, I thought, "That is a very



      unusual figure."  It says, "Waste discharges to Lake Michigan



      shall be treated or controlled in such a manner and by means



      of such facilities that they shall?  Not increase the natural



      temperature of the lake at the edge of the mixing zone, which



      shall not exceed an area equal to the area of a circle 3,400



      foot radius by more than 3° F. . ••"



                I thought, "That is a very interesting number,"



      i mean it is not a multiple of pi, and it is not a natural



      number, and I thought I had seen it before.  So I did some



      looking around, and I examined the document entitled "The
13  I  Donald C. Cook Nuclear Plant Supplementary Environmental



      Report, Indiana-Michigan Power Company," and there in that



15    document I found at page QC 3-6 calculations showing that



      the maximum area that the Cook Plant 3° isotherm would occupy



      was the area of a circle with a radius of 3,400 feet.



--° '             So I draw my own conclusion about how Michigan's

   jl

-l^ ;!  thermal criteria was reached.



    i            I would like to point out also that I have noticed



      today in Mr. 0. K* Petersen's testimony for Consumers Power



 '^ ;i  Company, on page 6, that they estimated the total cost of


93 'I
*"'    equipping their 7,500 MW  electrical system with cooling
*~>\

   \
   i



   !   $32,000 per MWE.
      tower, and it comes out to $244 million.  That works out to
   i



25
   L.

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	721
                         D. Comey
          I notice in Mr. Butler's testimony, which he is
about to give, that their cooling tower at Zion is going to
cost them $124 million for a 2,200 MW  plant, and that is
about a $56,300 per  MWE.
          Since I think that both of those figures are
abominable, I would really suggest to the utilities that
if you are going to dispense money you ought to get together
on it.
          I would like to end by saying I don't think there
is any evidence that no significant harm is going to be done
to the lake by the powerplants that are scheduled to go into
operation.  That is one of the reasons we have intervened.
          I am not so sure there is evidence that there is
going to be harm.  All I would say is that I am not sure it
is a scientific decision.
          Dr. Charles Coutant, of the Oak Ridge National
Laboratory, the AEC's expert on fish, appeared as our wit-
ness — the intervenor's witness — in the Point Beach
case.  And he said that if you wanted t-o solve the thermal
21 I  problems, that you should build closed-cycle cooling systems,
22
23
24
and he  said  it wasn't a scientific decision; it was a social
 decision.
          And I agree with that, and that is what these
     conferees have got to wrestle with.  Thank you,

-------
    		722




 1                            0. Comey

   j j
 2 I            MR. MAYO:  Any comments or questions, gentlemen?
   I
   I
 3             Mr. McDonald.


 4             MR. McDONALD:  How many cases, Mr. Comey, has


 5   BPI intervened on Lake Michigan?


 6             MR. COMEY:  Well, the Atomic Energy Commissioner


 7   has not responded to our petition to intervene in Point Beach


     1, Kewaunee, Zion 1, Zion  2, Cook 1, Cook 2, so I am not in


     a position to say.  "We filed a petition to intervene that


10 |  ran to something like 300  specific contentions.  My guess
   i

11   is that we will be admitted.


12 [            We are presently involved in the Bailly Nuclear
   i

13 j  Generating Station construction permit hearing, and also in
   i

14   the Point Beach Unit 2 operating losses hearing.  The


15 -  Palisades matter we are still a party to, but not active.
   i i

16 !            MR. McDONALD:  Is it BPI's intention to intervene


17 :  in every case?
   |


1^ li            MR. COMEY:  Well, in effect we have, yes.  There
   j i
   11

-L9 i  are no other reactors that we have located at least yet.


20 j:            MR. McDONALD:  Is the main thrust of your inter-


21 f  vention what you summed up in your last minute or two?


22             MR. COMEY:  Oh, no.  The main thrust of our inter-


     vention is that these nuclear powerplants are incredibly poorly


     built|  the applicants do not have sufficient technical


     knowledge to operate them  safely; and that the design of the

-------
                                      	723




 1                            D. Comey



 2   plant is seriously deficient so that there is a grave risk



 3   that there will be accidents which will kill millions of



     people.  That is the more important aspect of our inter-



 5   vention.



 6             MR. McDONALD:  When you talk social risk, you



     were talking about heated discharges.  Do you have anything



     else that you will be presenting at the interventions



 9 |  besides this social thrust?



10             MR. COMEI:  Oh, yes.  1 think we will probably



11   have witnesses rather like we had at Point Beach, where we



12   brought in Dr. John Bardach from Hawaii, and Dr. John



13   Neess from the University of Wisconsin.  And if Mr. Mayo



14   will authorize his use again, we will have Dr. William



15   Brungs of the EPA who, I might add, I'd like to thank the



     EPA.  He was a very convincing witness.  He wouldn't say



17   all of the things we wanted him to say, but he sure was con-


l A
-1-0 i  vincing.



19 |            MR. McDONALD:  Thank you.

   i

               MR. MAIO:  Any other comments or questions,



     gentlemen?



22             Thank you, Mr. Comey.



23             MR. COMEY:  Thank you.


2.L
 *             MR. BLASER:  The next witness we have from
   i

25 I
     Illinois is Mrs. Lee Botts of the Lake Michigan Federation.

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11
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17
                               	724
                               L» Botts
                STATEMENT OF MRS.  LEE BOTTS,
                    EXECUTIVE SECRETARY.
                 LAKE MICHIGAN FEDERATION,
                     CHICAGO, ILLINOIS
 7
               MRS. BOTTS:  Thank you.
               I would like to express appreciation to Common-
j  wealth Edison for agreeing to allow the citizens of Illinois
j
  to proceed this afternoon.  We had a number of people here
  yesterday who were not able to return from out of State,
  but we appreciate being allowed to enter statements on behalf
  of a number of people who have had to leave today.
            I will submit for the record a collection of
  letters received by Mrs. Angela Pieroni, who appealed
  through Letters to the Editor in Chicago papers for expres-
     sions of concern about the lake for her to submit to this
19 ;|  Enforcement Conference.
20
21
4 *
25
            I have also submitted written statements from
  Jack Berghoff,  an attorney,  who lives in Chicago and has
i
i  a summer home near the Cook plant in Michigan,  expressing his
'  concern about the potential thermal pollution of the lake;
  and from Mrs. Gloria Bateman for the Conservation Committee
I
i  of the South Shore Commission,  a community organization in

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                                      	725
 1                            L. Botts
 2   Chicago, which represents 90,000 residents.  Copies of those
 3   statements and of the letters have been made available to
 4   the conferees.
 5             (The documents above referred to follow in their
 6   entirety.)
 7
 a
 9
10
11
12
13
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„.. -"L.WIO;! OF POSIT ion PAPER OF SOUTH SHORE COMMISSION



  Aj LAKE MICHIGAN EXFORC&lSllT COUFEEEI1CE  ,,, September 211  1972










Tr.is statement is submitted or. behalf of the Conservation Committee of the




South Shore Conrmission^ which represents 90^000 residents of this  lake front




community in the city of Chicago.



     Lake Midriiywi has always shaped the d&»iiny and defined the quality  of




life for- those persons living along its shores* and its influence  has  been




most dramatic at the southern tip of Lake Michigan where our community  resides,





-------
       of 2 pages ,,.  (Presentation of Position Paper of South Sliore
     We are well aware that atomic energy is the energy of the future,   f/e are

not here to fight progress^ but we want assurances that technical progress

will not endanger the quality of our lives or the enjoyment of our natural

resources.   We are much concerned about tne promiscuous use of these resources

by industry,

    Ve would, there fore t  present the following recommendations for your

consideration:

     I - We request the banning of new power plants crn the lake,

     2 - We urge State legislation and enforcement of the guidelines and

         recommendations of the EPA banning thermal discharges in the lake

         by existing power plants.

     3 - We recommend the appointment of interstate agencies to ensure

         formulation of uniform legislation protecting those areas and

         resources commonly held and enjoyed by two or more States,

     4 - fife request greater cooperation on the part of industries to seek and

         implement ways to further their development without sacrificing

         our natural resources.

     We join with the Lake Michigan Federation and other conservation

organizations in insisting that the public be kept fully informed and included

as a participating body in future planning of nuclear power plant installations

in the Midwest,

                                 Respectfully submitted by

                                 The Conservation Committee of the

                                 SOUTH SHORE COMMISSION

                                 pert  Mrs, Harry Goldert Chairman
                                       6843 South chappel
                                       Chicagot Illinois 80849
                                       (DO 3-8288)

-------
              LAKE MICHIGAN ENFORCEMENT CONFERENCE
                  STATEMENT OF JOHN C. BERGHOFF
                        THERMAL STANDARDS
                        SEPTEMBER 20, 1972


          My name is John C. Berghoff.  I have spent most of my
years living near or on the shoreline of Lake Michigan, in the
States of Illinois, Indiana, Wisconsin and Michigan.  For the
past ten years I have owned lakeshore property in Michigan and
have spent ray summers there.  I speak on my own behalf and on
behalf of many other shore property owners in and near Bridgman,
Michigan.

          I wish to record my strong feeling in support of the
proposed thermal discharge standards adopted at the March 1971
Conference.  I strongly support the effort to prevent deteriora-
tion of the quality of our natural resources rather than later
seeking to repair the damage done.

          I have no quarrel whatsoever with the nation's need
for more electrical energy nor with the concept of nuclear plants
as a means of providing this additional energy.  I do strongly
object to the way in which the power companies seek to use
natural resources such as Lake Michigan as private industrial
waste ponds.  I resent their arrogating the waters of the Great
Lakes to themselves as though they had bought and paid for them,
as though there were no future generations with which to be
concerned.

          The nuclear plant with which I am most familiar is the
one now being built on the lake shore at Bridgman, Michigan - the
Donald C. Cook plant.  To permit a plant the size of this one to
draw two billion gallons of fresh, cold Lake Michigan water each
day, use it as a,coolant in its nuclear processing, and spew it
back into the lake daily some 20 degrees warmer than when it was
withdrawn is simply unthinkable in this day and age.  The American
Electric Power Company has announced that this plant will cost
almost $600 million, yet this company is resisting the obligation
to spend an additional fraction of that investment to moderate the
extreme elevation of its proposed waste waters, or for that matter,
to assure zero or near-zero radioactivity of the water which it
will pour into the lake.

          Those of us who have enjoyed the clear waters of Lake
Michigan through the years and xvho have noted the unmistakable
decline in its quality recently are shocked that the federal and
state authorities are seriously considering surrendering their
public responsibility before the arrogant demands of the power
companies.  No plant the size of the Cook plant should be per-
mitted to commence operations without reasonably moderating its
thermal discharge.

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                               -2-


          In my view the interests of the little people will be
best served, and I believe of the power companies as well, long-
range, by adopting and enforcing uncomplicated, reasonable but
firra thermal standards.  These should apply to all power companies,
includin/l those who have balligeren/cly proceeded with plant
con"s_t_ruction in total disregard of the ecological dimensions and
aespite the clear warnings raised at least two years ago that
thermal standards would be adopted.  In this way the government
will have lived up to its responsibility to meet the need for
expanding electrical energy without permitting irreplaceable
natural resources to be ravaged in the process .

          Thank you.

                                   Respectfully submitted,

                                                         sfvf~~\/)
                                                         *   /
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 LAKE  MICHIGAN  FEDERATION
                             53 West lackson Blvd.  Chicago, Illinois 60604 I (312)427-5129
                                         September  28,  1972
  Mr.. Lee Both
  Executive Secretory
  Chicago, Illinois

  EXECUTIVE COUNCIL

  Vance Van Laanen
  Prefi'denf
  Green Bay, Wisconsin

  Harold B. Olin
  Vlce-PresJaW
  Beverly Shores, Indiana

  John K. Langum, Ph.D.
  Vice-President- Treasurer
  Chicago, Illinois

  Lewis Batli, Ph.D.
  Secretory
  Kalamazoo, Michigan

  Mrs. Jean Bonynge
  Wilmette, Illinois

  Gordon Carr
  Grand Rapids, Michigan

  Mrs. Louise Erickson
  Racine, Wisconsin

  Paul Goodman
  Evanston, Illinois

  William A. Kern
  Fort Wayne, Indiana

 Mike Love
 Chicago, Illinois

 Ted MacDonald
 Lafayette, Indiana

 Charles E. Olmited, Ph.D.
 Chicago, Illinois

 Mrs. Louise Rome
 River Forest, Illinois

 John P. Sharon
 St. Joseph, Michigan

 Mrs. Sylvia Troy
 Munster, Indiana

 Steven Winter
 Two Rivers, Wisconsin
 Glenn Pratt
 Enforcement Division
 Region V EPA
 1  North Wacker
 Chicago, Illinois   60606

 Dear  Mr. Pratt:

 Enclosed are copies of  statements to  be  included  in the
 Lake  Michigan Enforcement Conference  record  (as verbally
 indicated  in the record — these are private citizen statements) ,.
 As indicated to  Mrs. Botts'  letter of  this week, we may
 have  additional  input in the form of  technical statements.
 If we do,  that information  will be sent  prior  to  your
 one-week extended deadline  on closing the conference record.

 Thank you  for your  cooperation in connection with these
 statements ,

 Sincerely,
Miss Nancy  Flowers
Information Director

HF:lm

encl.
 Alternates

   '•alls
   eler, Indiana

 Arnold Leder
 Kalamazoo, Michigan
Contributions are tax deductible

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                                                           Sept.
LAAJ 1'ilCiiIGAN
Sherman Hotel - Clark & Randolph., Chicago, 111.
Bac Arabrian Room - 6th Floor
Gentlemen:

  wish to take this opportunity today, to ask some questions which are
pertinent, not only to me, but to thousands of other people who are deeply
concerned with our total environment.

Hot water by the billions of gallons is the main issue today.  The environ-
mental problems, and supposed progress is one of the questions!

Not	what government and state officials wants the public to believe, but
the actual truth.  Especially for water pollution.

A lot has been said since 1970, but very little has been done.  Lake Michigan
for instance.  We still have most of the same old inadequate laws.

Lake Michigan does not appear to be any better today, than a year ago, yet;
state and federal officials say it has improved.  To what!  To becomming
a sewer?

At last years conference the people from the federal government publically,
tool-: a tough stand on the thermal question, asking states to adopt strict
standt3rds.  Only Indiana of the four states around the lake agreed with
the federal proposal.  Now the federal government must go to court to
enforce its proposal, or try for state agreement on a different version.

At that time, the federal government proposed one, new regulation, "keep waste
heat from nuclear plants out of the lake".

Uimt happened?  Now the federal government is trying to back down from the
orq_ new regulation itself proposed.  Why?

Today, federal & state officials are here to reopen the argument over waste
lioat, that the public was lead to believe, was settled back in March, 1971.

At that time, you people said, "waste heat from nuclear plants ought to be
kept out of the lake to avoid any risk'of adding to lake pollution".

But now, the Atomic Energy Commission, & the Utility companies, seem to think
that Lake Michigan should be used as a heat sink, and dumping grounds for
all its wastes.  Why?

J?or instance, the Zion Illinois Nuclear Power Plant.  Construction is almost
completed, but no provision for cooling towers or lakes are in the building
 lans.  '.Thy?

A Thermal standard for today is a question for the future.  Most conservation-
ists believe the future of Lake Michigan is at stake, and far too important
to risk with thermal pollution.

An ounce of prevention, is worth a pound of cure.

True, we cannot protlfe absolutely that the heat will damage the lake, but
the power companies cannot disprove it. _eit her.

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There is little conclusive evidence about the effects of thermal pollution
in the lake.  But the question is, "should we go ahead and discharge heated
water in nuch greater quantities into the lake, and take a "wait and see
what happens attitude"? Or should we wait until conclusive evidence is in,
one way or the other?

The little evidence that is available on the effects of thermal pollution
has been financed by the power companies, and their findings are biased to
their benefit, and not the benefit of the public at large.

Are we to accept this evidence as absolute fact, without government studies
to check its accuracy?

The federal government has known for some time now that there is a great
need for this kind of evidence, and since they admit the need, why has'ent
the government taken it upon themselves to do the research?

I wish to read a statement made by our Pre.sident, which was printed in Pocus—
Chicago Today newspaper, Sunday, March 1, T970.

Quote—"Here is one area where we cannot wait...if we do not act now it will
be too late, possibly ever to act again".

President Nixon in a keynote speech to the National Governors conference
in Washington on the importance of improving environmental conditions,
especially the pollution dilemma.

The question of 'money always arisesi  Our President signed several bills
that allocated millions of dollars, and entrusted the states with these tax
dollars,  to help eradicate the pollution problems that are besetting us all,
as soon as possible.

Yet, how much is really being done?

I cannot,  and am not, qualified to discuss other states, but I wish to  discuss
uy own State of Illinois,  not only from what I read about, and what I hear
about, not only from people in my own city,  but from people throughout
the State.

"Je are taxed beyond endurance.  But yet, if  our tax dollar was spent for
what it was deemed for,  that would be another story.

The 77th General Assembly,  of the State of Illinois, passed House Appropria-
tions Bills Wo. HB-1670, 16?1, 16?2.

Tne Environmental Protection Agency was awarded 49,4-17,900.00 - Pollution
•Joutrol Board - ^673,300.00 - Institute for  Environmental Qualtiy -
,?2,045,000.00,, for pollution control enforcement, for the year July 1st,  1971
ending June 30th, 1972.   This money not only included the pollution enforce-
ment programs, but also salaries, etc.   A total of $12,136,200.00.

Also;  in addition,  House Bill #1754, to thetune of #1,000,000.00 was
-appropriated to Attorney General Scott's Environmental Protection Division,
from the  state, in addition to a federal grant of $250,000.00.

Of course  the $1,000,000.00 includes salaries, travel expense, etc.

But, Atty. Genl. Scott,  spends the federal grant money how he sees fit, and
accounts  t,o no one as to where this $250,000.00 goes.

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                                                           Page - j> -
As a taxpayer I have the right to know just how and where my tax money is
going.

I was appaljed to see how the Attorney General wastes the taxpayers money,
he who is chiefly responsible for initiating, filing, and prosecuting
.aw suits, to halt the desecration of our environment by the offending
polluters.

~ii the last three years, he spent $650,000.00 of the taxpayers money on
"urniture and fixtures.  Over $110,000.00,  for carpeting alone.  Is this
what you call money wisely spent?

But most important, we taxpayers who believe we are paying for work being
done to correct the horrendous pollution problems of our state, also pay
for his public relation expenditures in excess of $120,000.00 a year.

This is ludicrous.1

These facts are a matter of public record in the State Auditor of Public
Accounts Office, and the Bureau of the Budget, in Springfield, Illinois.

With the millions of dollars spend in our State alone for pollution programs,
etc., why is it that we still are plagued with the problem?

This is a sad state of affairs.

Atty. Genl. Scott was elected by the people to serve their interests,
and it is his sworn duty as Attorney General to protect the public's
interest, and serve the people of this state.

In  conclusion, I suggest that the politicians stop serving their own
selfish interests, stop catering and pussy footing with industry and
businesses at large, and correct the pollution problems, before it is
to late.  Without the life sustaining elements of air and water, we
shall all perish from this earth.

The time is now, for the tomorrows might never come.

                                     Thank you,
                                     0

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-\
 Ray Lending • Illustrator- 407 Sherman Ave. • Evanston, Illinois • GReenleaf 5-0313


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                                            Sherman Avenue
                                        Evanston, Illinois 60202
                                        August 27, 1972
Dear Mrs. Eieroni:

     We have read your letter dated August 21, 1972 regarding
waste heat from nuclear plants dumping directly into Lake
Michigan and agree with you that such continued action is
a serious threat not only to the Lake, but to each of us as
well.

     The Federal government's proposal to "keep waste heat
from nuclear plants out of the lake" must not be compromised.
Responsible representatives of local, state and federal gov-
ernments must look to the future, and protect this vital
resource on which so many depend.
                             Very tnuly yours,
                                     rs. Jonathan R.

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                                       	726


 1                            L. Botts

 2             MRS. BOTTS:  I am Executive Secretary of the Lake

 3   Michigan Federation, a four-State coalition of citizen and

 4   conservation organizations in Wisconsin, Illinois, Indiana,

 5   and Michigan.
   i
 6             My statement has been submitted in full to the

 7   conferees, and I have tried to abbreviate it in the interest

     of time, and I will not read the statement in its entirety.

 9             (Mrs. Botts1 statement follows in its entirety.)

10

11

12


13

14

15

16

17

IB

19

20

21

22

23

24

25

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 LAKE  MICHIGAN FEDERATION
                          53 West lackion Blvd. | Chicago, Illinois 60804 | (312)427-5129

                                     September 18, 1972
  Mrs. Lee Bolts
  Executive Secretary
  Chicago, Illinois

  EXECUTIVE COUNCIL

  Vance Von Laanen
  President
  Green Bay, Wisconsin

  Harold B. Olin
  Wee-President
  Beverly Shores, Indiana

  John K. Langum, Ph.D.
  Wce-Pre*/denf-Trea«urer
  Chicago, Illinois

  Lewis Baits, Ph.D.
  Secretory
  Kalamazoo, Michigan

  Mrs. Jean Bonynge
  WilmeMe, Illinois

  Gordon Carr
  Grand Rapids, Michigan

  Mrs. Louise Erickson
  Racine, Wisconsin

  Paul Goodman
  Evanston, Illinois

  William A. Kern
  Fort Wayne, Indiana

  Mike Love
  Chicago, Illinois

  Ted MacDonald
  Lafayette, Indiana

 Charles E. Qlmsted, Ph.D.
 Chicago, Illinois

 Mrs. Louise Koir.3
 River Forest, Illinois

 John P. Sharon
 St. Joseph, Michigan

 Mrs. Sylvia Troy
 Munster, Indiana

 Steven Winter
 Two Rivers, Wisconsin
 A/ternafet

   '•alls
  .jeler, Indiana

 Arnold Leder
 Kalamazoo, Michigan
STATEMENT REGARDING CHICAGO-SOUTH END  OF LAKE MICHIGAN
REGIONAL WASTEWATER MANAGEMENT STUDY,  ARMY CORPS  OF ENGINEERS
      I am Mrs.  Lee Botts,  executive  secretary of  the Lake
 Michigan Federation, a  four  state coalition of citizen and
conservation  organizations  in Wisconsin,  Illinois,  Indiana,
and  Michigan.   This summer  I  have been  serving as  chairman
of  the Citizens Advisory Committee on Conservation  and En-
vironment for  the Chicago-South End  of  Lake Michigan regional
wastewater management study,  a position to which  I  was elected
by  members of  the committee.

      The views  expressed here are not given on behalf of the
citizens committee; rather  they are  my  views stated here be-
cause of the  impossibility  of raising such questions within
the  context of  the advisory committee under the Corps of En-
gineers prodedures.  My views are based on long-term exper-
ience with the  Army Corps  of  Engineers, several years of
acquaintance with the land  disposal  concepts of Dr.  John
Sheaffer „ advisor to the  Corps of Engineers, and  informa-
tion  obtained  in connection with the C-SELM study  in recent
months.

      I am here  to question  again, as I  have at every previous
opportunity, the motives and  capability o.f the Army Corps of
Engineers for  planning on  the scale  involved in the C-SELM
study.   For the reasons outlined below, I  believe  that the
citizens of the C-SELM study  area should  insist that Congress
retuse either  to authorize  further regional wastewater manage-
ment  studies elsewhere or  to  extend  the C-SELM study in parti-
cular beyond its present stage until the  essential  condition
of  local agreement and participation is met.   The need for this
condition will  be amplified after discussion of my  objections
to  the C-SELM  study as it has been conducted so far.   There are
three bases for my objections:

      1.   The regional wastewater management studies  represent
the effort of  the Corps to  reinforce and  extend its  authority
over  the waterways in spite of the costly, destructive and often
ineffective consequences of use of previous authority.

      2.   Application of land  disposal as  the principal means
of waste disposal on the scale advocated by the Corps is at
best  premature  and at worst involves deliberate deceit to
Congress and the nation.

      3.   Failure to obtain  approval  for the study in advance
at the state,  regional and  local levels demonstrates the Corps'
Contributions ore tax deductible
                                                                                     111

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                      ?age Two
greater concern, for perpetuating its own bureaucracy than
genuine concern for dealing with wastewater problems, and
may even impede the national effort in this regard. Let me
elaborate on each of these points.

     1 .  EXTENSION OF_ CORPS AUTHORITY

     Faced with mounting objections to their activities in
flood control that seem more often than not to cause more
problems than they solve and invariably cost more than esti-
mated, and with growing public resistance to pork barrel pro-
jects of all kinds, in 1969 the Corps policy makers eagerly
responded to the idea that they might be able to keep them-
selves in business by taking over the planning necessary to
clean up pollution of the nation's waterways.  The possibility
was offered that they could not only keep themselves in busi-
ness by planning for waste disposal on a scale that would
necessarily keep them in the the construction business but
also, according to the author of the scheme, take advantage
of public concern about pollution to fortify the Corps against
possible intrusion by the newly organized Environmental Pro-
tection Agency.

     Notably absent from the Corps decision to intrude it-
self into the wastewater planning field was any considera-
tion for the fact that EPA had been set up because of the
failure of previous agencies, including the Corps, to deal
with the problem.

     The source of the inspiration for the 'Corps to become
pollution abatement experts overnight was Dr. John Sheaffer,
a water and waste disposal expert who left the University of
Chicago Center for Urban Studies to become science advisor to
the Corps of Engineers.

     Sheaffer had gotten his ideas about the possibility of
land disposal of sewage effluents from an experiment under-
way at Penn State University.  Throughout the middle sixties
he had been working with William Bauer of the Bauer Engineering
firm in Chicago in designing a large scale application of the
approach in Muskegon County, Michigan.  About the time the
Muskegon project received the go ahead, Sheaffer convinced
the Corps they could apply the same approach on a national
scale, and five metropolitan areas were selected, including
Detroit, Boston, San Francisco, Cleveland and Chicago.

     In Chicago, out of the strength of their conviction that
they, and they alone, ought to save Lake Michigan and its
tributaries from pollution, the Corps did not bother to wait
for Congress to give its approval, as required by law.  In-
stead of getting Congressional authorization for the study
before beginning it, the Corps convinced itself that waste-
water management ought to involve flood control and invoked
their general authority for that purpose.  Apparently to make
some link to pollution, however, they took advantage of the

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 existence  of  previous  authorization  for  another  study Dr.
 Sheafferhad also  proposed  in  the  name  of fighting  pollution
 and  used  it as  authorization  to begin  the regional waste-
 water management  study.  Thus  the Corps  used  a  1969 reso-
 lution  requested  from  Congress to authorize a feasibility
 study for  a dike  system  across the lake  to begin a 1971
 feasibility study of application  of  land disposal  to waste-
 water management.   Eventually  the Corps  did obtain authori-
 zation  for this specific study, but  not  until it was well
 along.  How they  obtained  the  authorization brings me to the
 second  point.

     2.  MISLEADING CONGRESS

     The Corps  says now, whenever aksed  why they are making
 the  regional  wastewater management studies, that they are
 only doing what Congress asked them  to.   In their  version,
 Congress asked  the  Corps to determine  whether zero discharge
 of pollutants into  waterways could be  obtained by  any means,
 and  to  compare  the  costs.

     Congress was  and  is,  of course, concerned about the
 public  demand for  cleaning up  the waterways.  Both Congress
 and  the White House, and especially  the  latter,  are worried
 about the  cost  of meeting  the  public demand.  They provided
 a willing  audience  to  Dr.  Sheaffer's assurances  that an
 almost magical  solution was at hand  and  that  the Corps of
 Engineers  could provide the means  of achieving it.

     To some members of Congress,  those  who were most critical
 of the Corps'  use  of previous authority,  Dr.  Sheaffer argued
 that putting  the  Corps into the pollution  abatement business
 would somehow transform the agency.  Even  many conservationists
 were convinced by his  rhetoric about recycling wastes and
 failed to  protest writing
            funding and authority  to support  Corps  develop-
 ment of land  disposal  plans into proposed water pollution control
legislation.
     To Congress, the  White House  and  the  conservationists,
 Dr. Sheaffer cited  the existence  of  the  Muskegon County
 project as proof  that  land disposal  is a viable  idea.  What
 he neglected  to tell them  except  when  pressed was  that the
 Muskegon County system was and is  in the  process of construc-
 tion.  Above all, he failed to make  clear  that conclusions
 about the  success of Muskegon County are  premature  to say
 the least.

     Later, that  is more recently, in  response to  questions
 about that fact, Dr. Sheaffer and  the  Corps have sought
 confirmation of their  approach from other  sources,  looking
world-wide for examples of land disposal  of sewage  to which
 to point.   Most conspicuous among  the  examples cited  is a
municipal  project at Melbourne, Australia, but here as well
 as elsewhere,  Dr.  Sheaffer and the Corps do not  dwell on
 the difference in scale between what has already been done
 successfully and what  they are proposing  to do.

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                   Page Four


At Pe^n State, for example, the treated sewage from the
university containing no industrial wastes has been sprayed
on several hundred acres for 10 years, with careful monitoring
of the results.  There, it is interesting to note, and
unlike in the C-SELM study, the sites for spraying were
carefully selected after extensive geological and hydrological
studies.  Results have been most encouraging, while suggesting
some fr.ctors that must be given careful consideration.

     The Penn State experiment shows, for example, that zero
discha^^e of pollutants canrot be achieved with spray irriga-
tion, lor soluble nitrates do get through the so-called
living filter of the soil.  At a recent technical symposium
which I attended, this factor was mentioned again and again
as one needing the most careful management.  Nor has the
Penn State sudy provided assurances that heavy metals and
toxic substances can be dealt with more easily in such a
system, for the effluent contains onlv ft aces of either.

     In Melbourne, raw .sewage, not treated effluent, is
flooded onto publicly controlled farm land in a region where
the annual rainfall is approximately 20 inches.  This
experience surely does not         answer
   how to determine the ability of soil in Indiana and Illinois
to deal with urban effluent,  a question that the Corps did
not determine in selecting or proposing the sites designated
in its C-SELM study.   Indeed, this fundamental qestion was
treated in one meeting of the Citizens Advisory Committee
for Industry and Commerce as  question of technique and not
of feasibility;  in other words, such essential questions
would be answered later and the study was proceeding on the
assumption that suitable answers would be found.   This,
unfortunately, is all too reminiscent of the Corp of Engineers'
approach in the past.  It  does not suggest that the anti-
pollution Corps is any different from the dam-building Corps,
which brings me to the third  point.

     3.  CORPS HINDRANCE OF WASTE TREATEMENT PLANNING

     The fact that the Corps  is carrying on its wastewater
management studies out of concern for its own perpetuation
is demonstrated by the failure to obtain the most essential
ingredientfor any planning effort, that is, local agreement
to participate.  What is happening with the C-SELM study now
in Indiana shows how such a short-sighted approach can actually
hinder progress toward planning for broader and better sewage
disposal systems.

     The C-SELM study was launched unilaterally by the Corps
of Engineers, without agreement to participate much less
invitation to do so by the states of Indiana and  Illinois, by
reigonal planning agencies like the Northeastern Illinois
Planning Commission,  or by operators of municipal sewage
treatment facilities.  Further, the Corps disregarded other
or on-going pollution abatement plans except to indicate that

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                        Page  five


 the  Corps'  plan would  supercede them,  such as  the NIPC  regional
 waste disposal system  and  the water  quality  standards adopted
 by the  Illinois Pollution  Control Board.

     While  it might appear to one who  reads  the Corps reports
 but  has no  first hand  acquaintance with  the  actual  situation
 that the Corps is consulting local authorities through  its
 steering and advisory  committees, in fact the  activities of
 these committees appear  to be a paper  exercise.  Consider,
 for  example, the fact  that the steering  committee did not
 meet between February  and  early summer,  and  the fact that
 the  Corps called a meeting for tomorrow  morning when the
 Lake Michigan Enforcement  Conference is  being  convened.  No
 consideration was given  to the participation of the state
 and many municipal officials in the  enforcement conference.

     The disregard for  the local planning efforts is parti-
 cularly flagrant in the  C-SELM study area among the five
 now underway, for in truth,  land disposal is being  tested by
 another major agency,  the Metropolitan Sanitary District
 of Greater  Chicago.  In  this area, at  least, the Corps  cannot
 claim that  it was justified  in undertaking the study of land
 disposal to show that  it could be  done.                  The
 Sanitary District is already showing how it  is possible to
 work with local interests  in the land  disposal site in  its
 Prairie Plan in downstate  Illinois.

     By its willingness  to accept limitations  imposed by the
 local authorities in Fulton  County, including willingness to
 pay local taxes,  the Metropolitan Sanitary District may, indeed,
 demonstrate the feasibility of land disposal for at least a
 partial solution to the  problem.

     By its headlong and heedless push to impose land disposal
 as the all-purpose solution,  the  Corps of Engineers may delay
 its acceptance through the hostility it arouses by  its  failure
 to take first steps first.  By failing to determine the
 suitability of the major site,  it proposes  to use  in the
 C-SELM project, the Corps has aroused opposition to the idea
 of land disposal anywhere at  all  throughout  the State of Indiana.
Last week 1,250 persons  demonstrated their unwillingness
 to accept the Corps'  idea of  land disposal and their intention
 to reject altogether any experiment with land disposal  as a
technique.   Some of them are  here tonight out of their deter-
mination to protect their homes and their land by opposing
water pollution control  legislation that would fund exploration
of land disposal  as a technique.

     For myself,  as the result of investigations of the possibi-
lity of land disposal that have gone far beyond any information
made available by the Corps,  I urge that it not be rejected
out of hand.  I have learned  nothing that convinces me that we
are ready yet to  apply this approach nation-wide when we do
not even know yet whether Muskegon County will work.  But I

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                   Page Six
am convinced that the Corps' use of land disposal for its
own short-sighted goals is at fault more than the idea itself,
an idea that is almost as old as agriculture itself.
     Therefore, I urge that our friends in Indiana who fear
the consequences for their land of the C-SELM study and
member of the public who share my unwillingness to put water
resource planning into the hands of an agency as heedless
of local concerns as the Corps of Engineers to join together
to make certian that the C-SELM study does not proceed
beyond the end of its present stage.  That is, Congress
should not fund implementation or more studies until and IF
the states, the counties, the regional planning agencies and
the municipalities all agree that they need and want them and
believe the Corps can solve their problems,  The Office of
Management and Budget has already directed that such local
approval is a necessary ingredient for any future regional
wastewater management studies.  In my opinion Congress ought
to make it a requirement for furthering any implementation
or additional study in the areas where the Corps has already
acted on its sole initiative.

     Finally, in conclusion, I urge that the Corps' clumsiness
not mislead us premeturely to discard land disposal altogether.
Rather let us urge our other federal, state and local agencies
to assist and allow those communities that want to try it
on their own to do so, so that we may profit from their exper-
ience.  From a few hundred acres at Penn State to the most
industrialized and one of the largest nations in the world is
too big a jump for application of any technology.

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LAKE MICHIGAN  FEDERATION
                         53 West Jackson Blvd. I Chicago, Illinois 60604 I (312)427-5129
 (v~.. lee Botlt
 Executive Secretory
 Chicago, Illinois

 EXECUTIVE COUNCIL

 Vance Van Laanen
 Prnldent
 Green Bay, Wisconsin

 Harold B. Olin
 Vlce-Pretfdent

 Beverly Shores, Indiana

 John K. Langum, Ph.D.
 Vie»-Fr»tidtnt-Tr*aiur»r
 Chicago, Illinois

 Lewis Batts, Ph.D.
 Secretary
 Kalamazoo, Michigan

 Mrs. Jean Bonynge
 Wilmette, Illinois

 Gordon Carr
 Grand Rapids, Michigan

 Mrs. Louise Erickson
 Racine, Wisconsin

 Paul Goodman
 Evanslon, Illinois

 William A. Kern
 Fort Wayne, Indiana

 Mike Love
 Chicago, Illinois

 Ted MacDonald
 Lafayette, Indiana

 Charles E. Olmsted, Ph.D.
 Chicago, Illinois

 Mrs. Louise Rome
 River Forest, Illinois

 John P. Sharon
 St. Joseph, Michigan

 Mrs. Sylvia Troy
 Munster, Indiana

 Steven Winter
 Two Rivers, Wisconsin
     STATEMENT TO LAKE MICHIGAN ENFORCEMENT CONFERENCE,

                      SEPTEMBER 20, 1972
 Alternates

   '•alls
   Jler, Indiana

 Arnold Leder
 Kalamaioo, Michigan
I  am Mrs. Lee Botts,  executive secretary  of the Lake  Michigan
Federation, a four state coalition of citizen and conservation
groups in Michigan,  Indiana, Wisconsin and  Illinois.

I  am here today  to express the dismay of  citizens I represent
about the continuing  federal policy of evasion on the thermal
question for Lake  Michigan.  The truth is that this enforcement
conference was called with no  intention of  making a final
decision on whether waste heat from large power plants should
be  dumped into the lake.  This enforcement  conference was
called in the same spirit in which the thermal question has
been dealt with  in the past — not to do  it.

In  this spirit the Environmental Protection Agency purports to
be  considering whether it is necessary to protect the lake
against thermal  pollution but  actually is weighing the political
pressures.  Twice  previously it has appeared to the public
that the EPA was taking a decisive, firm  position in  favor of
protecting the lake.   Each time subsequently the EPA  has failed
to  back up a position made political by failure to support it
with scientific  evidence.  Thus here again  we are confronted
with a most familiar  situation:   evasion  of dealing with an
issue and an almost farcical procedure where the evasion is
confirmed and acted out.

In  1970 and again  in  1971 the  EPA announced to the world the
means by which Lake Michigan would be protected from  possible
thermal pollution,  a  thermal standard requiring closed cycle
cooling systems.   Both times the agency's decisive posture
ended with the announcement of intention.   Consider the thermal
report offered by  the regional EPA office for this enforcement
conference.  It  consists of a  historical  review of the past
failure of the enforcement conferences to deal with the issue
up  to the March  23, 1971 proclamation.  A supplementary
commissioned report is itself  confirmation  of the failure to
seek scientific  confirmation of the proposed standard.   The
report consists  of a  catalogue of research  that in instance after
instance was undertaken by and for the vested interest that
has  most at stake  in  the decision, the utilities themselves.

The  evidence and speculation offered by the utilities  may be
valid,  but the fact of their vested interest  puts such research
in a political context.  The independent  confirmation  or dispu-
tation with results of utility research has not been  sought.
Contributions ore tax deductible

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Almost incredibly, there is still no indication of intention to do
so.  If talk and talk alone., or even with chest pounding, would solve
the thermal question, it would have been resolved within the enforce-
ment conference long ago, and we could be moving on to other critical
matters.  My purpose today is to urge action on both immediate and
long term aspects of the thermal question.

The first aspect is whether existing power plants, including those
constructed but not yet operating, should be allowed to discharge
their waste heat into the lake.  The second is whether additional
power plants should be located on the lake and allowed to discharge
their waste heat into the lake in the future.


PRESENT POWER PLANTS

Whether or not the delay in enforcement action on the federal standard
has been intended to make existing plants a fait accompli, that is
the result,  The public is not misled that the federal government
has been powerless in this situation;  it is the federal unwillingness
to act for which it will be held responsible.  Thus, the Kewaunee,
Point Beach, Zion and Cook nuclear plants have all reached the operating
license stage with once-through cooling systems intact.  Any cost of
altering these plants by basic changes now is necessarily enormously
greater that it would have been even two years ago when the federal
government first told us (and already late then) that their waste
heat would be kept out of the lake.

It should now be clear that the enforcement conference failure on
the thermal question leaves the public with the necessity to seek
other ways to resolve it.  The Atomic Energy Commission regulations
put the burden of proof for the absence of detrimental effects of
operation of nuclear plants on the applicant.  The Calvert Cliffs
decision confirmed the obligation of the AEC to consider thermal
pollution as a possible deterimental effect in its license procedures.

What I am saying is that if the thermal question cannot be resolved
here,  it can and will be raised in interventions in the public interest
in operating license procedures.  Through the regulatory procedures
of the AEC the inadequacy of environmental studies to date for the
Point Beach Two plant in Wisconsin was confirmed, with the result
that the company is greatly expanding its efforts in this regard.*

The enforcement conference should decide now in this meeting whether
it is more appropriate to deal with the thermal question for the lake
as a whole or whether it must be left to be decided on a case by case
*While the enforcement conference succeeds in passing the buck to the
public and the AEC, its failure to act in its area of responsibility
for water quality will not be forgotten.

-------
basis through interventions in license proceedings.

In demanding resolution of the thermal question within the enforcement
conference, my organization has been accused by many, including
fellow conservationists, of making the thermal question seem to be
the only matter of public concern for nuclear plants.  The fact is
that the enforcement conference is the appropriate place under present
law to resolve a water quality question but reactor safety and land
use questions cannot be raised here.  Worry about the future of the
lake aroused the public's concern not only about present plants but
even more so about future plants.


FUTURE POWER PLANTS

A decision that the cost to society of back fitting existing plants
is not justified will not answer the question of whether decisions
to locate future power plants ought to be made in the same way 
-------
would constitute evidence of damage nor how bad it has to be to cause
a requirement for closed cycle cooling for Zion.  Finally, both
Illinois and Michigan are apparently willing to let the utilities
decide not only what to monitor but how.

In this situation the Lake Michigan Federation has attempted in
recent months, as the evasiveness of the federal EPA has made operation
of existing plants with once through cooling almost inevitable, to
address the need for monitoring.


MONITORING FOR THERMAL EFFECTS

We are concerned with biological effects on the lake and with the
engineering of the plants.  For help with the former, last spring
we circulated a questionaire to scientists requesting their advice
on the questions that seemed important.  It was distributed at the
meeting of the Great Lakes Research Association in April, and also
sent to persons suggested through persons suggested through personal
contact.

We could offer no remuneration except the opportunity to assist
with an extremely public policy question.  The results were suggestive
but not conclusive, and yet I hope that by sharing them with you we
can inspire the agencies represented here and the enforcement
conference to address itself to monitoring as the means to put the
thermal question on a scientific and not just political basis.

For help with the engineering questions, we have turned to the Illinois
Chapter of the American Society of Professional Engineers.  This
summer their board agreed that it would be appropriate for members
of the society as individuals to offer services to the Federation in
this regard.  The board stressed that only persons whose career and
employment were _not directly involved should answer the request, a
recognition of vested interest that was refreshing to say the least.

In this case some individuals have offered their services to us and
are in process of reviewing materials we have submitted.  We do not
have results as yet of this effort, but you may be interested to know
that we have particularly asked for technical evaluation of the
predictions of Dr.  Donald W. Pritchard based on his modeling of
discharge systems for the Zion plant.  The reason for stressing
Dr. Pritchard's work was the questions raised about his assumptions
in the recent Argonne Laboratory report on thermal plume modeling,
and the reliance that has been placed on his predictions by the
Illinois Pollution Control Board.

As for our questionaire concerning biological effects, a copy is
attached with this statement, together with the memorandum and letter
that accompanied it.  The single most important conclusion that can
be reached from the responses is that measuring thermal effects is
a complicated process that no one seems absolutely certain how to do.

-------
That  is scarcely news, nor an excuse not to do it as the enforcement
conference seems to feel.

Not suprisingly, researchers working for utilities were more willing
than  others to make definite statements about a time span needed
for study and to specify parameters.  In short, they found answers
easier to come by, which is fortunate to say the least for those
with  whom they consult.  Mos responses stressed the need for research,
wihch makes it all the more difficult for us to understand why the
government agencies have failed to see that it is done.

One scientist who heads a state agency told us our questions were
ridiculous but did not reply when we asked him please to tell us
what  question we ought to be asking.  Another scientist confirmed
his ivory tower existence by informing us that we are not using the
service we are paying for from government, urging us to use the
Environmental Impact Statements of AEC and services of EPA scientists
on top of the situation!  We have the same problem with AEC impact
statements as with utility-funded research, namely vested interest,
and unfortunately we have not met any EPA scientists we could
describe as on top of the situation.• We do recognize that it is
possible they exist and are muzzled by the apparent EPA determination
to let the thermal situation proceed without direction from that
source.

While no attempt was made to quantify results, the answers to the
questionaires did confirm our suspicions on the following points:

    1.  Sufficient answers to the important thermal questions
    do not now exist in the scientific literature.

    2.  Most of the research now underway is being funded by the
    utility industry.

    3.  A minimum of five, some believe 10 or more, years of obser-
    vation will be required to ascertain the thermal effects.

    4.  In the short term damage to organd sms by entrainment will
    be more obvious than the effects of heat.

    5.  In the long, term the cumulative effect of waste heat from
    many power plants is likely to be subtle changes in the unique
    biological character of Lake Michigan.

In conclusion, the Lake Michigan Federation urges that evasion of
action on the thermal question not continue within the enforcement
conference.   This action should include establishment of monitoring
requirements for presently existing plants to provide the evidence
needed to deal with the question of future plants.

We asked Dr.  Stoermer to come to the enforcement conference to
demonstrate to you that our fears about the lake have a foundation

-------
in fact.  Your action now on the thermal question will determine now
whether in years to come we will be identifying results of increase
in the waste heat load on the lake as he identifies now the result
of increase in the phosphorous load.  The purpose of the questionaire
was to determine whether we were right in the need for scientific
research.  Answers confirmed that a decision cannot wait for final
results of research.

I ask you to consider whether you want to tell your grandchildren
and mine what you did to protect the lake or what you michg have
done.  Thank you.

-------
 LAKE  MICHIGAN  FEDERATION
                                  S3 We*t Jackson Blvd. | Chicago, Illinois 60604 | (312)427-5129
 A/rernoret
 T
 V
lilt
A»r, Indiana
 Arnold L.d.r
 Katamazoo, Michigan
                            March 30,  1972
  M... Lee Boris
  Executive Secretary
  Chicago, Illinoii

  EXECUTIVE COUNCIL

  Vane* Van laan«n
  President
  Green Bay, Wisconsin

  Harold B. Olin
  Vfce-Pre«idenf
  Beverly Shores, Indiana

  John K. Langum, Ph.D.
  Vice-president-Treasurer
  Chicago, Illinois

  Lewis Batts, Ph.D.
  Secretary
  Kalamazoo, Michigan

  Mrs. Jean Bonynge
  Wilmette, Illinois

  Gordon Carr
  Grand Rapids, Michigan

  Mrs. Louise Erickion
  Racine, Wisconsin

  Paul Goodman
  Evanston, Illinois

  William A. Kern
  Fort Wayne, Indiana

  Mike Love
  Chicago, Illinois

  Ted MacDonald
  Lafayette, Indiana

  Charles E. Olmsted, Ph.D.
  Chicago, Illinois

  Mrs. Louise Rome
  River Forest, Illinois

  John P. Sharon
  St. Joseph, Michigan

  Mrs. Sylvia Troy
  Munster, Indiana

  Steven Winter
  Two Rivers, Wisconsin
                       Sir:
                       The Lake Michigan Federation is  a coalition of citizen
                       groups  in Wisconsin, Illinois, Indiana and Michigan.
                       It was  organized to promote participation in public
                       policy  decisions  pertaining to Lake Michigan,  its
                       tributaries  and  its shores.
                       The Federation will be  grateful  for your  assistance
                       in connection with the  enclosed  materials.
                       Thank you.
                                                           lours  very  truly,
                                                           Charles Olmsted,  Ph.D.
                                                           Biology Department
                                                           University  of Chicago
                                                             h         v^
                                                           /nn^^M
                                                           Vfrs. Lee^Botts
                                                           Executive  Secretary
                                                           Lake Michigan Federation
Contributions arc tax deductible
                                                                                                                 III

-------
 LAKE MICHIGAN  FEDERATION
  i*.... Lee Boris
  Executive Secretary
  Chicago, Illinoii

  EXECUTIVE COUNCIL

  Vane* Van laanen
  President
  Green Bay, Wiiconiln

  Harold B. Olln
  Vlct-Prtttdtnt
  Beverly Shores, Indiana

  John K. langum, Ph.D.
  V/ce-rVeiWent-Treajurer
  Chicago, Illinois

  lewis Bolts, Ph.D.
  Secretary
  Kalamatoo, Michigan

  Mn. Jean Bonynge
  Wilmelte, Illinoii

  Gordon Carr
  Grand Rapids, Michigan

  Mn. Louis* Erlcluon
  Racine, Wisconsin

  Paul Goodman
  Evantton, Illinois

  William A. Kern
  Fort Wayne, Indiana

  Mike Love
  Chicago, Illinois

  Ted MacDonald
  Lafayette, Indiana

  Charles E. Olmsled, Ph.D.
  Chicago, Illinois

 Mrs. Louise Rome
  River Forest, Illinois

 John P. Sharon
 St. Joseph, Michigan

 Mn. Sylvia Troy
 Munster, Indiana

 Steven Winter
 Two Rivers, Wisconsin
 Alternate*
    ills
    /er, Indiana
 Arnold Leder
 Kalamaxoo, Michigan
            53 West Jackson Blvd. |  Chicago, Illinois 60604 | (312)427-5129

TO:   Great Lakes Scientific Community

FROM:   Lake Michigan  Federation

RE:   Lake Michigan thermal  standard

Guidance is requested from  the scientific  community concerning procedures for
for  evaluation of thermal effects in  Lake  Michigan.

By 1974 several nuclear  power plants  are scheduled to begin using Lake Michigan
water for once-through cooling.

From 1968 to_1970, conservationists urged  that the Lake Michigan Enforcement
Conference consider a thermal standard  to  prevent thermal pollution by the
nuclear plants.  The  debate revealed  the paucity of pertinent past research
on the lake's ecological systems and  of field data on thermal effects  in the
Great  Lakes.   Utilities  expanded their  research programs,  but to date  few
results have been reported  in the literature.  At regulatory hearings  consul-
tants  to utilities predicted there would be  little thermal damage on the basis
of laboratory studies and modeling techniques.  Government experts, citing
effects of heat on fish  elsewhere and in laboratory studies, said damage was
likely.   The conservationists argued  that, with the lake  at such a critical
stage biologically, the  heat whould be  kept  out of the lake or strongly limited
rather than risk possible irreversible  damage.

In March, 1971, the federal Environmental  Protection Agency proposed that
closed cycle cooling  systems be required for all nuclear  plants and some
large fossil-fuel plants.   Subsequently, on  economic grounds and lack  of firm
evidence of potential damage, Wisconsin, Illinois and Michigan decided to let
existing plants and those under construction operate with once-through cooling;
only Indiana, where more advanced eutrophication inside an existing heat plume
was  cited as justification, accepted  the federal proposal.

In the spring of 1972, because of this  disagreement, another enforcement con-
ference on the thermal question is likely.   It is believed EPA will seek a
compromise to let existing  plants operate  but to prohibit additional plants.

The  Lake Michigan Federation believes that any such compromise must include
a definition of ecological  damage.  Further,  to resolve the thermal question,
the  standard should state the methods for  adequate monitoring long enough
for  evaluation of subtle as well as gross  effects.  The monitoring should
not  be left entirely  up  to  the utilities which have investments of hundreds
of millions of dollars to protect.

Your comments will assist the Lake Michigan  Federation formulate responsible
proposals on monitoring  for the forthcoming  enforcement conference.
Contributions ore tax deductible

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 Note:  No one who answers will be named in connection with any Lake Michigan Federation
 activities without permission in advance.  If you prefer, please comment in general
 on the points raised in the questions below, rather than answering them individually.
 Please return your comments to the Lake Michigan Federation, 53 West Jackson, Chicago.
 Illinois, 60604.
 1.  What pertinent current research do you know of that relates to thermal effects
 that might result from once-through cooling?
 2.  How is the research funded (government, utility support, other private sources)?
 3.  How can damage to ecosystems be adequately measured?
 4.  How long should operation of once-through cooling systems be monitored to determine
 subtle effects on ecological  systems?
 5.  How can effects of heat be distinguished from effects of other factors such as
 chemicals or increased nutrients?
 6.  What effects other than thermal, such as physical damage or toxicity from chemicals,
 can occur in aquatic systems with once-through cooling systems?
 7.  Can damage to aquatic ecosystems be stated in economic terms?  How?
 8.   Is protection  of fish,  benthos or plankton most important in preventing damage to
 aquatic systems?
 9.   It has been argued that fish can and will protect themselves by avoiding thermal
 plumes; is this true of benthos and plankton?
10.   What do you consider the most important question in evaluation of thermal effects/

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     	727





 1                            L. Botts




 2 I            MRS. BOTTS:  I find myself in a somewhat embarrass-



      ing position of agreeing with Mr. Dowd about something, and




      that has to do with the inconsistency of the EPA in confront-



      ing the thermal issue.




               We do, however, disagree with him on another



      matter, and that is that we consider any muscling that EPA



      has been doing to be rather flabby.  I am here today to



      express a dismay of citizens about the continuing Federal



10    policy of evasion on the thermal question for Lake Michigan.



11    The truth is that this conference was called with no inten-



12    tion of making a final decision on whether waste heat from




13    large powerplants should be dumped into the lake.  This



14 I   Enforcement Conference was called in the same spirit in



1$    which the thermal question has been dealt with in the past,



16    which was not to do it.



17             In this spirit the Environmental Protection Agency



      purports to be considering whether it is necessary to pro-



19    tect the lake against thermal pollution but actually is



20    weighing the political pressures.



21             The evidence and speculation offered by the



22    utilities may be valid, but the fact of their vested interest



23    puts such research in a political context.  The independent



      confirmation or disputation with results of utility research



2 5    has not been sought.

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     	723





                              L. Botts



               The first aspect of the thermal question is whether



     the existing powerplants, including those constructed but not



     yet operating, should be allowed to discharge their waste



     heat into the lake.  The second is whether additional power-



     plants should be located on the lake and allowed to discharge



     their waste heat into the lake in the future.



               Whether or not the delay in enforcement action on



 9 j  the Federal standard has been intended to make existing




10   plants a fait accompli, that is the result,



               It should now be clear that the Enforcement Con-
12
13
14
1$



16
17
19
20
21
 ^
ference failure on the thermal question leaves the public



with the necessity to seek other ways to resolve it.



          What I am saying is that if the thermal question



cannot be resolved here, it can and will be raised at inter-



vention in the public interest in operating license procedures



before the Atomic Energy Commission.



          A decision that the cost to society of backfitting



existing plants is not justified will not answer the question



of whether decisions to locate future powerplants ought to



be made in the same way.  The Enforcement Conference can



and ought to be the means for dealing with the thermal



question as part of the siting decision.



          The need for monitoring is made more critical by



the desire of the Atomic Energy Commission to continue use

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     	729


                               L. Botts

     of Lake Michigan as a heat sink — and that's their term,

     not mine.  Among the regulatory agencies for Lake Michigan,

     only the Department of Natural Resources has addressed itself

     to the need for guidelines for monitoring operation of

     nuclear plants.

 7             According to Illinois, my home State, there should

     be no more powerplants on Lake Michigan — a cavalier atti-

     tude indeed unless we are told why.  While saying that

10   results of operation of Zion would be reviewed in 5 years,

11   the Illinois Board has not said what would constitute

12   evidence of damage nor how bad it has to be to cause a

13   requirement for closed-cycle cooling for Zion.

14             In this situation, the Lake Michigan Federation

15   has attempted in recent months, as the evasiveness of the

16   Federal EPA has made operation of existing plants with once-

17   through cooling almost inevitable, to address the need for

     monitoring.

19             We are concerned with biological effects on the

20   lake and with the engineering of the plants.  We have cir-

21   culated a questionnaire in an attempt to find out what

22   should be the questions.  This Enforcement Conference until
   i
23   today has not even defined the problem.  It has been a matter

     dealt with on a strictly expedient basis.

               $6 also requested assistance from the Professional

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   	730




 1                            L. Botts



 2   Engineering Society to evaluate engineering of the plants.



 3   I am submitting with my statement a copy of the questionnaire



 4   together with requests that we made, addressed to the



 5   scientific community of the Great Lakes, and we did receive



 6   a number of replies.  However we have made no attempt to



 7   quantify the results.  The answers to the questionnaires did



 8   confirm our suspicions on the following points:



 9             1.  Sufficient answers to the important thermal



10   questions do not now exist in the scientific literature.



11             2.  Most of the research now under way is being



12   funded by the utility industry.



13             3.  A minimum of 5, some believe 10 or more, years



14   of observation will be required to ascertain the thermal



15   effects.



16             4.  in the short term, damage to organisms by



17   entrainment will be more obvious than the effects of heat.



1°             5.  In the long term,the cumulative effect of waste



1°   heat from many powerplants is likely to be subtle changes in



2^   the unique biological character of Lake Michigan.



               In conclusion, the Lake Michigan Federation urges


22 '
     that evasion of action on the thermal question not continue


23
     within the Enforcement Conference.  This action should in-

O I

     elude establishment of monitoring requirements for presently


25
     existing plants to provide the evidence needed to deal with

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 B
10
11
12
13


14
15
17
     _____________________ 731



                              L. Botts


     the question of future plants.


               We asked Dr. Stoermer — who presented his testi-


     mony the first day of this meeting — to come to the Enforce-


     ment Conference to demonstrate to you that our fears about


     the lake have a foundation in fact.  Your action now on the


     thermal question will determine whether in years to come we


     will be identifying results of the increase in the waste heat


     load to the lake as he identifies now the result of increase


     in the phosphorus load.  The purpose of the questionnaire


     was to determine whether we were right in the need for


     scientific research.  The answers confirmed that a decision


     cannot wait for final results of research.


               This morning the Federal EPA reported verbally


     that its position regarding powerplants on Lake Michigan


     remains that:  1) controls in the form of closed-cycle


     cooling systems will be needed, and 2) proliferation of
     powerplants on the lake needs to be prevented.


               The statement did not say what the U.S. EPA would


20 I  do to accomplish these ends within the Enforcement Conference,
21
22
23
               We do not find comfort in the comments by another


     Federal representative that the EPA could act outside the


     Enforcement Conference under the Refuse Act Permit Program
O i  I j

 ^   or intervene in the AEC licensing proceeding.   The key

   j
O C. '

     is the use of the word "could" instead of "will."

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                                         	732





                              M.  Carter



               The least that can be done in light of the apparent



     inevitability of operation of the present powerplants is to



     record the results to add to the other autopsy records for



     Lake Michigan.  Let us recognize the real function of this



     procedure we have endured here by giving it the proper name:




     the Lake Michigan Coroner's Office



               Thank you



               MR. BLASER:  The next witness from Illinois is



10   Mark Carter representing Northwestern Students for a Better




11   En vi r o nm ent •




12



13                  STATEMENT OF MARK J. CARTER,



14         NORTHWESTERN STUDENTS  FOR A BETTER ENVIRONMENT,



15                       EVANSTON, ILLINOIS



16



17             MR. CARTER:  My name is Mark Carter.  I am a student



     at Northwestern.



19             The Northwestern Students for a Better Environment



20   wish to express their appreciation for this opportunity to



21   testify.  The narrow scope of discussion at this conference



22 i  on the matter of thermal pollution distresses us.  If we



23   are to be environmentalists in more than name only we must



     analyze a problem from the broadest point of view.  Proposed



     laws and regulations must not solve one environmental problem

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   ,	733




 2_                            M. Carter



 2   at the expense of creating another.



 3             In short, we believe that the thermal problem is



 ^   only a part, but very much related to, the larger problem



 5   created by the rapid increase in electrical power consumption,



 6   It is like the tip of an iceberg.  As we shall show, attempts



 7   to deal with the thermal problem independently leads to some



 $   very unsatisfactory results.  It does no good to restrict



 9   thermal inputs into Lake Michigan if provisions are not made



10   for ecologically sound alternatives.  The heat must go some-



11   where.



12             The Federal Power Commission has predicted that



13   peak electrical demand will go from 277,921 MW  in 1970 to



14   1,056,000 MW  in 1990, with a similar increase in electrical



15   energy consumption.  This is an average annual growth in



16   consumption of 7*1 percent or a doubling every 10 years.



17   This estimate like previous ones are not just predictions but



1#   goals.  The Federal Power Commission, the Atomic Energy



19   Commission, the Edison Electric Institute, and especially



20   the power companies will do everything they can to meet the




21   predictions.



22             There is no reason to assume the situation will be



     any different in this four-State region.  By 1990, with a



     50 percent nuclear capacity, the thermal problem will be



     5 to 6 times that in 1970.  Whether the problem continues

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10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
	734

                         M. Carter
 to  double  every 10 years thereafter depends on what approach
 we  take  today.
           Let's consider the heat balance of Lake Michigan.
 Over  thousands of years the lake has  come to a median
 temperature,  after balancing the summer heat and winter
 colds.   Along with this median temperature are both daily
 and yearly deviations.  By natural selection the organisms
 which inhabit the lake are best suited to its temperature
 patterns.   Substantial warming of local areas essentially
 excludes those organisms which cannot live and reproduce in
 the higher temperatures.  This may be tolerable if it is
 limited  to small portions of the lake.
           However, within several decades, the affected areas
 will  be  substantial  if once-through cooling, using Lake
 Michigan water, is permitted.  There  has been much criticism
 of  the numbers in the Department of Interior   1970 report
 on  thermal effects of Lake Michigan.  However, with a 10-year
 doubling a 50 percent error is erased in only 5 years.
 Unless we  want a lake which is suitable only for catfish
 and carp,  then once-through cooling with Lake Michigan waters
 is  not a long-range  solution to the thermal problem.
           If  the heat is not to be discharged into Lake
 Michigan,  then where?  How about the  Fox, Des Plaines, Illi-
 nois ,  or  Mississippi Rivers?  Many of the same arguments

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          	                          735
                               	

 1                            M. Carter

 2   listed above hold here, too.  The United States Water

 3   Resources Council has predicted that, by 19^0, one-ninth of

 4   the mean annual natural runoff in the United States will be

 5   needed for cooling in steam-electric powerplants if once-

 6   through cooling is used.  A much higher percentage will apply

 7   in the industrial areas and during low flow periods.  When

 8   the cleanup of this region's rivers commences the added heat

 9   would make a return to anything resembling a natural state

10   impossible.

11             One possible solution is to move the power gener-

12   ating facilities out of the region.  This is the approach

13   being tried presently in the southwest.  Don't waste your

14   time thinking, the idea is already past the study stage.

15   The proposed North Central Power Complex in Montana, Wyoming,

16   and the two Dakotas, will be twice the size of the Four

17   Corners project.  All the power will be transmitted to the

13   midwest.  Presumably the ecological results will be twice

19   as bad.  If we foul up our remaining pristine areas we will

20   have no place to go to recover from living in our cities.

21   The kind of solution that trades the future for the present

22   is no solution at all.  We must not force others to pay for

23   our sins.

2A-             Another possible solution to the thermal problem
    i
25   is the use of cooling ponds.  Let's assume that in 1990 this

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     	736





                              M. Garter



     four-State region will have an electrical generating capacity



     in proportion to its share of the Nation's population —



     roughly 15 percent.  Furthermore, assume a 50 percent nuclear



     capacity.  The land area taken up by plant facilities and



     cooling ponds alone will cover a minimum of 400 square miles.




     All the land area of Illinois, Indiana, Wisconsin, and



     Michigan will be covered with powerplants and cooling ponds




     in less than 100 years with a continuation of the 10-year



10   doubling.  Obviously the situation will not progress that



11   far.  Even so, in the next several decades, where will the



12   land come from?  When was the last time a powerplant was



13   built without siting problems?  Remember, the problem will




14   continue to double every 10 years at the present rate.



15             A discussion of cooling towers was left for last



16   because, considering present designs, that is only when they



17   should be considered.  It is a sham to call cooling towers



     a solution to the heat discharge problem when they will



19   make matters worse.  The reduction in efficiency they cause



20 I  will necessitate additional generating capacity, increased



21   fuel consumption per kilowatt of electricity produced, and



22   increased thermal loads to be disposed of.  Remember that



23   the heat must go somewhere.



               Although we are developing means to control and


25
 '   dispose of the more deadly wastes produced in power pro-

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                                           	737





 1                            M. Carter



 2    duction, the rapid growth rate aided by reduced efficiencies



 3    will overwhelm these efforts.  We may now be building plants




 4    which put fewer sulfur and nitrogen oxides into the air, but



 5    the growth rate in the power industry may result in a net



 6    increase in these pollutants.  Moreover, less dangerous



 7    waste materials such as carbon dioxide will, through volume,



 #    become a difficult problem.  Again we say one problem must



 9    not be traded for another.



10             Let's look at the efforts of the power industry



11    to solve these staggering problems.  In 1970, the industry



12    channeled a mere $46 million — only 0.23 percent of gross



13    revenues — into research and development.  The President's



14    Office of Science and Technology called this "... a remarkably



15    small percentage by most industry standards," less than one-



16    tenth of the average for American industry as a whole.



17             In contrast, in 1970, the industry spent $395



13    million — 2 percent of gross revenues — on advertising



19    and sales.  This is more than 8 times the amount spent on



20    research and development.  How can the industry justify




      efforts to increase electrical consumption with all the



      present and future problems unsolved?  Some power companies



23    claim they are concerned for our total environment.  We



      say they have contempt for our total environment.  They




  '    should stand for conservation of energy.

-------
              	733





                              M,  Carter



 2             Research and development expenditures should be



 3   increased tenfold.  Ths four State pollution control agencies



     represented here today in consultation with their respective



 5   public service commissions should set this as a minimum for



 6   allowing the power companies to continue operating.   The



 7 |  bulk of this money should be spent in three major areas:



               One, on methods of alleviating immediate problems,



 9   such as S09, NO , and fine particulate control, methods to
               /w    U\.


10   eliminate the discharge of chemicals in cooling water, and



11   last but not least methods of water intake and discharge



12   which will minimize local ecological damage.



13             Second, ways to utilize waste heat must be investi-



14   gated seriously.  There is not time today to discuss all the



15   possibilities.  However, the productive use of waste heat



16   that substitutes for heat energy which would otherwise have



17   to be generated, results in a net improvement in our effi-



     ciency of energy use, and in energy conservation.  Even



19   though all energy ultimately appears in the environment as



20   heat, energy movement from a highly concentrated point source



21   to a widely dispersed geographic area will be environmentally



22   more acceptable.  If we are going to reduce the electrical



 ^   efficiency of the generating plants, let's do so in order to



 ^   create a more marketable heat discharge.  There are many
   i
   i
o c |

 '   ideas, a few experiments in progress around the country,

-------
   .	739
   11



 1                            M. Carter



 2    but almost no money or commitments to try a full-scale plan.



 o    This must change.




 ^             Third, large sums must be spent immediately on



 5    devising systems for generating electricity more efficiently.



 5    This would have beneficial effects on all the problem areas



 7    discussed in this paper.  Whether topping cycles or new



 g    methods altogether are devised is immaterial.  However, some



 o,    ideas like MHD have been around for decades but have died



10    on the vine for lack of attention.



11             It would be nice if there were technological



12    solutions available for these problems, but none are avail—



13    able today.  Even if we embark on an ambitious development



14    program, it would be unlikely that we would have an opera-



15    tional solution in the next few decades.  Look at the example



16    of nuclear power.  The Atomic Energy Commission has spent



17    billions for nuclear development in the last 20 years.



1#    Today nuclear power is producing less than 2 percent of our



19    electric power and it will be several decades more before




20    it is producing over half of our electrical needs.



21             It is exceedingly clear that the electric power



22 I   industry cannot continue to grow at its present rate for



23    much longer.  Our natural resources are finite; we have a



24    limited amount of land, water, and air to serve all of the



25    demands that society places on them.  Electric power cannot

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     	740^





                              M. Carter




      claim all of these resources.  In fact it must be limited to




      a  small percent of them if we are to be able to enjoy the




      many benefits of electric power.




               The Lake Michigan Enforcement Conference must set




      up a committee to investigate ways of using electrical power




      more efficiently.  We shall mention some suggestions shortly.




      As these ideas are developed they must be made known to the




      general public so they can be put into practice.  Most of




10    the agencies represented here have done a very poor job of




11    public relations.  In fact, the average citizen has probably




12    never heard of them.  This must change as people cannot use




13    the information they do not have.  Some of our ideas are as

   i


14    follows:




15             For the present, ban the use of electricity for




16    all heating purposes where gas or oil would be more efficient,




17    It makes no sense to burn gas to produce electricity which



      in turn is used to heat a home when the same thing could




19    be accomplished using one-third of the gas directly.  It




20    has been said that the only less efficient way of heating




      one's home than electricity was to burn it down.  Building




      codes should be changed to encourage increased use of




 3    insulation, and natural light, heating and cooling.  Once



2.L
 *    again it makes no sense to build buildings which have to



25
 '    be lighted, heated, and cooled, no matter what time of day

-------
   	741





 1                            M. Carter



 2   or year,



 3             Promotional practices and rate structures have to



 4   be changed to discourage the wasteful use of electricity.



 5   Consumers must be informed of the efficiency of all appli-



 6   ances, especially the large ones.  There are more ideas but



 7   the point is clear.  Our proposed solutions to the thermal



 $   problem attempt to get at the roots of the problem because



 9   only in this way can a long-term solution be fashioned.



10   We propose surgery not cosmetics.



11             In closing, we would like to paraphrase the late



12   Senator Robert Kennedy when he said that some people look



13   at things as they are and say why, but we look at things the



14   way they could be and say why not.  We hope you see it the
   j


15   same way and will set up the necessary machinery to get



     some of these ideas going.



17             Thank you.



               And I have one short further comment, as I just



19   got the report of the Federal EPA in the mail yesterday and



       didn't have time to include it in my statement.  But I



21   would like to point out a gross inconsistency among some of



     the Federal administrators, and you can see what I mean.



 3             This refers to the speech that — I think it is



 ^   John R. Quarles made to the Edison Electric Institute Eighth


2S
     Biennial Financial Conference.  And in it he said:  "I wish

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     	.	742





                              M.  Carter




      to  state my opinion that the future  vitality of our  country




      demands continued large growth  of the  electric power




      industry."   And he goes on to say how  this  electricity is




 5    going to be needed for mass  transit  and pollution  control




 5    devices.




 7             Well,  much work has been done by  Professor




      Levinson at Berkeley, and he finds that the increased




 9    electrical  consumption due to many of  these devices  will




10    add a small percentage to our electrical needs,          In




11    light of what  I  have said in my main paper, I think  that the




12    statement of Mr.  Quarles with the statements of Mr.




13    Ruckelshaus, when he indicates  that  he doesn't want  the




14    heat to go  into  the lake, the effect is this:  Unless we




15    do  something about the growth of the electric power  industry,




16    we  are going to  be producing more and  more  heat, and it has




17    got to go somewhere, and whether it  goes into the  lake or



1$    not,  or into the streets, it doesn't make any difference.




19    There is going to be a real  problem.



20             Thank  you.




21             MR.  MAYO:  Thank you, Mr.  Carter.




22             Are  there any questions, gentlemen?




23             Thank  you again, Mr.  Carter.



2L l
**             MR.  BLASER:  The next witness for Illinois is



25
 ^    Mrs.  Eileen Johnston.  She wants only  2 minutes.

-------
                              	743
                              E. Johnston
 2
 3             STATEMENT OF MRS. EILEEN L. JOHNSTON,
 4                      WILMETTE, ILLINOIS
 5
 6             MRS. JOHNSTON: I just want to state that I am so
 7   proud of this young man who just spoke.  I have been very
     close to the Northwestern Students for a Better Environment,
 9   and  I come up before you gentlemen very humbly, following
10   in his  footsteps here, and I appreciate the opportunity.
11             You know me well enough to know that I have no
12   technical background, but I have a great deal of concern.
13   I am real happy to see all of you gentlemen finally.  It did
14   take a  lot of letter-writing on the part of a lot of
15   citizens, and quite a bit of needling to get this conference
16   together, and now that you are all here I am most apprecia-
17   tive.
               You know yesterday it occurred to me that probably
19   the  reason it was so long overdue was that Carlos Fetterolf
     was  down in Washington writing his bluebook, and, of course,
     we couldn't have a conference without Carlos.  (Laughter)
22             MR. FETTEROLF:  Thank you.
23             MRS. JOHNSTON:  And I also want to admit to you
2^-   in public that last year I made a mistake, and thanks to Dr.
    i
 ^   Fred Lee — a man that I respect a great deal — I want to

-------
     	744



                              E. Johnston


      apologize.  I  quoted a man, a professor at the University


      of Minnesota by the name of Hoover, and I find that I really


      shouldn't have quoted this gentleman.  So I am sorry.


               Now, as far as the thermal pollution position — I


      mean thermal problem — all I want to say is that I still


      have confidence in the Illinois  position  taken at the last


      conference.  I heard all of the  testimony — and these


      gentlemen heard it — and I realize why they made the


10    statement.

   i
11 |            Now  I must admit I am  a little bit sneaky because


12    my other comments are not on thermal, but that gentleman from


13    Illinois at the end of the table said I could be sneaky.


14    So, if Mr. Mayo doesn't stop me, I just want to go on here a


15    little bit about a couple of things that concern me.


16             I urge the consideration of the use of ozonation


17    instead of chlorination, in sewage treatment, and there


      are several advantages of the ozone use:


19             1.   Onsite  generation eliminates the hazard of


      transporting and handling large  amounts of chlorine.


21             2.   Tests have shown that ozone destroys both bac-


      teria and viruses; chlorine is ineffective against viruses.


 3    And this information came from Environmental Science and


      Technology.


               3.   Also ozone is more effective against the major

-------
     	745
                              E. Johnston
 2   taste- and odor-causing compounds in raw water.
 3             4.  Then, in November 3, 1971, Chemical Week, they
 4   quote Clayton Wynne, Project Director of Airco;  "A  1-year
 5   trial at the Blue Plains treatment plant showed that 'ozone i,
 6   as economical as any available tertiary treatment step.1"
 7                 Three-quarters  cent  per 1,000  gallons  does  not
     seem costly  to me  if it  kills  off  viruses.
 9             And now here I am going again quoting people, but
10   the Illinois Lake Michigan and Adjoining Land Study Commis-
11   sion felt that these were competent men, so I feel that I may
12   quote them also.
13             Dr. Joseph L. Melnick of Baylor University College
14   of Medicine said at a hearing before this Commission:  "It
1$   appears to me that as our population increases and the reuse
16   of water supply becomes more and more necessary, we must
17   increase our  efforts to solve this problem of viruses in
     water.  We should monitor sewage and water treatment plants
19   effectively,  so that the citizens of this Nation can be
20   assured that the viruses that are present in the sewage and
     surface waters are completely removed before water is redis-
     tributed for  human use."
23             i think the time has come when standards should
     be set of maximum allowable virus contamination of water.
     It is astonishing to me that over all the years during

-------
                     	746





                               E. Johnston



      which  I  have  been engaged in  this work, that there hasn't



      been a single government  agency  that has  even  considered



      setting  such  standards.   So I ask you gentlemen to consider



 5    that.




 6             At  the  same hearing, Dr. Frederich Deinhardt of



 7    Rush Presbyterian St. Luke's  Medical Center, Chicago,




 8    stated:   "It  seems to me  that a  reasonable approach would



 9    be 1)  to  stick to the established procedures;  and 2) to



10    establish as  quickly as possible more detailed studies on



11    the  detection of  viruses  in our  waters and on  the removal



12    of viruses in various waters, s«wage and  others.  Once we



13    have these data we can think  about setting new standards



14    and  change in our procedures."



15             And I am sure you are  familiar with  the pilot



16    study  in  Louisville, Kentucky at the sewage treatment plant,



17    and  I  believe they had positive  results.  I have detailed



      information on this.




19             And so  I urge the conferees to make  a study of



20    this method and to consider regulation of viruses in water



21    and  I  will do  the  same before the Illinois Water Pollution



22    Control Board when I make a statement before them.




 3             I do realize that the Phosphorus Committee has



      gone into the  sedimentation problem,  but with the serious-



 '    ness of this  growing problem  I believe that it warrants

-------
                                                               747




                              E. Johnston



      continued in-depth study with a special technical group,



      and  I would hope that you might set one up as a steering



 2,.    technical committee.



 5             One respected scientist I have recently talked



 6    with feels that his research indicates that nitrogen is the



 7    controlling nutrient.  So, in spite of the excellent research




      we heard yesterday — I mean Tuesday — do we really have



 9    the  answer?



10             It is very obvious to me that the Four-State Con-



11    ference must continue.  We have many unsolved problems, much



12    on-going research to consider.  The conference keeps everyone



13    on his toes, everyone works diligently to prepare for it.



14    It is truly the only way citizens can keep pace with



15    progress being made on the restoration of the water quality



16    of our huge well of the four States, Lake Michigan.  My



17    only comment there is that I wish the citizens would come



      and  attend these conferences.



19             I urge you conferees to set a date for the next



20    conference before you leave.



21             I thank you for your good work.  I think you are



22    highly competent men and I appreciate what you are doing.



23             MR4 MAYO:  Thank you, Mrs. Johnston.



               At least in terms of a partial response to your



25    commentary on viruses, essentially that same question was

-------
                              .E.  Johnston



     put to EPA by a member of the Illinois Water Pollution Control




     Board some few months ago.



               We can,  I think,  introduce a copy of that  letter



     and our response into the record in order to have at least




     a partial reply to your point in the record.



               As I recall, the essence of our response was



 8   that we, along with many, many other people, recognize the



     seriousness of the presence of viruses in wastewater



10   effluents and in our streams.     We are aware that  there



11   are some fairly exotic techniques for identifying viruses in



12   water, and we are aware of the need to establish standards



13   for viruses.  But we are faced with a very serious major



14   problem of not having a sampling and analytical technology



15   that can be generally used in a fairly ordinary laboratory.



16   There are rather sophisticated components of analytical



17   equipment involved, and very large quantities of water are



1&   needed for sampling purposes.



19             So, as a consequence, we are working on the tech-



20   nology to try to develop a much more reasonable or much



21   more easily applied capability for virus detection and



22 j  analysis, as one of the building blocks on which the estab-



23   lishment of a standard could be based.



               MR. BRYSON:  One additional comment, Mr. Mayo.



               Eileen, we have under way at the National Quality

-------
     	749
                               E.  Johnston
     Laboratory  at  Duluth  some research into  ozonation.   The
     results  are not  in yet  but work  is under way.
 2f             (The documents  referred to by  Mr.  Mayo previously
 5   follow in their  entirety.)
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

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            U.S.  Environmental Protection Agency
            'i North Wacker  Dr.ive.
            Chicago,  Illinois.6OS06
                                             February 18, 1972
Mr* Jacob D. Uuwelle
Illinois Pollution Control Board
189 W. Madlccn Street, Suite 900
Chicago, Illinois 60602

Dear Mr. Dunelle:

We agree with you on the desirability of establishing a virus
standard for water.  We have not roccowended standards for viruses
bccau°» the technology for virus identification ai*d enumeration has
cot advanced to the denroa where routine employment of the techniques
is possible.  The status of. waete treatment technology with respect
to virus control or removal has alr^o been a consideration.

We realize that virus idontif i cation s enumeration and control inethaclo
ere under intensive study by workers in all quarters and that quite
promising r^Krarch data has been published.  The enclosed "Proceedings
of the Thirteenth Water Quality Conference - Virus and Water Quality
Occurrence and Control,1' recently held in Illinois, its an excellent
corapilation of socie of this research.  However, in view of the un-
certain correlation of virus occurrence with coliforra counts or other
indicators, and the lack of adequate monitoring techniques, we cannot
at the present time establish scientifically defensible criteria for
viruses in. water.

We would be 5>leased to participate in any hearing process the Board
may wlsti to conduct in considering cue detection and treatment of
viruses.

V7ith respect to the Water Quality Criteria draft revision, we will
make the draft available-, to you as soon as it is cleared for printing.

Be assured that our Agency will continue intensive research on water
borne viruses and will move to establish standards as soon as feasible.

                                  Sincerely yours,
                                  Francis T.  >lnyo
                                  Regional Administrator

-------
 .VID P. CuRRiE, CHAIRMAN
^AMUEL R.ALDRICH
JACOB D. DUMELLE
RICHARD J. KISSEL
SAMUEL T. LAWTON,JR.
                           STATE OF ILLINOIS

                   P o ;u 1,1 TT i 'O iv «G o ;rcT 3* o :L B o A M jo

                    189 WEST MADISON STREET SUITE 9OO

                        CtH ICAGO, I LLI N Ol S 6O6O2
                                    November 2, 1971
                                                             TELEPHONE
                                                            313-793-3620
Mr. Francis T. Mayo
Regional Director
Environmental Protection Agency
One North Wacker Drive
Chicago, Illinois  60606
Dear Mr . Mayo :

On October 29 I wrote  to  you regarding the possibility of your
suggesting a virus  standard  to us  as part of our Water Quality
Standards Revision  hearings  (R71-14) .

I forgot to ask if  it  would  be possible for us to obtain the
drafts of the new edition of the Water Quality Criteria Report
(the "green book")  which  we  have been told will be ready about
January 1, 1972.

Since we have now completed  hearings on the proposed revision to
the Illinois water  quality standards we are ready to revise the
initial draft in the light of testimony received and latest
scientific findings.   Because the  new edition will contain the
latest scientific opinion on water quality criteria we would
like to have access to it as soon  as possible and without
waiting for the inevitable delay for printing purposes.

Please let us know  when we might expect to be able to examine
a draft copy of the second edition of the Water Quality Criteria
report.
                                    yery tru^y yours,
                                              A//;//-2^>t
                                    Jacob D. Dumelle
                                    Member
JDDrrj
cc :  Board Members
     Mr. Michael  Schneiderman
     Mr. William  Blaser

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                            STATE OF ILLINOIS
                         ,r"/
-------
Mr. Francis T. Mayo            -2-            October 29, 1971


recreational and drinking water supplies?  Dr. Joseph L. Melnick,
^ virologist from Baylor College of Medicine is quoted in the
  remission reports (p. 109, Vol. II)  as follows:

          "I think the time has come when standards
           should be set of maximum allowable virus
           contamination of water.  It is astonishing
           to me that over all the years during which
           I have been engaged in this work, that there
           hasn't been a single government agency that
           has even considered setting such standards.
           It is a question which has been ignored."

Dr. Melnick goes on to suggest that his virus detection equipment
be developed for use as virus removal equipment.

Would you at this time suggest we incorporate a proposed virus
standard in our water quality standards revision?  It seems to me
a standard is desirable even though the technology may not be
available.  If viruses are indeed a hazard then we ought to post
a limit for their concentration.  Any suggested number you can
furnish us, hopefully backed by scientific study, would be
appreciated.
                                    Sincerely yours-,-
JDD:rj

cc :  Board Members
     Mr. Michael Schneiderman
     Mr. William Blaser
     Dr. William Ackermann

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                          	750





 1                            E. Johnston



 2              MR. MAYO:  Mr. Blaser.



 3              MR. BLASER:  Before we proceed with the next wit-



 4    ness, Mr. McDonald asked us some questions about monitoring



 5    — thermal monitoring as far as Zion is concerned.  We had



 6    some thoughts on it, but we needed verification.



 7              Mr. Blomgren will address himself to that.



 &              MR. BLOMGREN:  Mr.  McDonald, the original proposal



 9    for study at the Waukegan and Zion sites, and the monitoring



10    activities came from the original thermal committee from the



11    Four State Conference where indeed we recommended certain



12    monitoring programs, and that is the program we recommended



13    to Commonwealth Edison, and they started from and have



14    indeed expanded on it.



15              One of the witnesses from Commonwealth Edison



16    tonight will indicate the study program.  They are both



!7    working on one — the Waukegan and the Zion study.



•^              MR. BLASER:  The next witness we have is Mr.



19    Daniel Feldman from the firm  of Isha^i, Lincoln and Beale.



20              Mr. Feldman.


21
                MR. FELDMAN:  Mr. Mayo,  as you know, I am not a


22
      witness at these things,  because I am not qualified.  I am


23
      just  going to call the sequence of the witnesses.
   i
01

                If you are thinking about breaking for dinner,  I


25
      would ask that  you let us  get through the first two, because





                                          aU.S.Government Printing Office: 1974 — 751-197

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-------