ML19211A792

Responds to 791022 Request for NRC Views & Opinions Re Proposed Legislation to Acquire Addl Lands for in Dunes Natl Lakeshore Park.Proposed Acquisition Has No Effect on Issuance or Granting of Facility Permits or Licenses

ML19211A792
Person / Time
Site:	Bailly
Issue date:	10/25/1979
From:	Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Fithian F HOUSE OF REP.
Shared Package
ML19211A788	List: ML19211A787 ML19211A792
References
NUDOCS 7912200686
Download: ML19211A792 (5)

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OCT 2 5 1979 Docket No. 50-367 1

The Honorable Floyd Fithian U. S. House of Representatives Nashington, D. C.

20515 9 ear Congressman Fithian:

Your letter dated October 22, 1979, requested NRC's views and' opinions on a numbe of mattert alated to the proposed legislation to acquire additional lands for the Indiana Dunes National Lakeshore Park. This letter documents the telephone discussion of October 23rd on these matters b'etween our respec-tive staffs and the RRC review of the enclosed draft of the amendment to E

Section 17 of the Act.

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'4ith regard to area II-A which consists of the parcels numbered 41, 10, 42, f

43 and the northwestern half of parcel 32 as shown on the map nun.bered t'S-172D, F

dated April 27, 1973, it is our understanding that this land is to be acquired

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subject to the follcuing two deed reservations:

l.

All instrumentation related to meteorological monitoring, construction cewatering and ecological monitoring related to power generation-(i.e.,

both construction and operation) should be eccessible for operation and maintenance and replacement as necessitated by obsolescence or acts of God or man.

2.

Dewatering effects resulting from construction activities by HIPSCO are li to be assessed at the existing site boundary.

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h These same deed reservations should also @ ply to the land identified in the c

proposed legislation as area I, per f:S-1720.

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c

.The proposed acquisition of the fifty-seven acres (area II-A) would have no h

effect on the issuance or granting of any permits, licenses or other necessary h

approvals for either construction or operation of the Bailly facility in b

accordance with the present rules and regulations of the NRC, provided that the suggested deed reservations are included in the statute and in the committee.

report on the legislation. Regarding the inclusion of the original NIPSCO Greenbelt in the proposed legislation as defined in the t'ational Park Service report submitted to the Congress on July 1,1977, we conclude that inclusion of this larger area (i.e., the ninety-two acre Greenbelt studied by the NPS) into the National Lakeshore would not adversely affect the licensing of the Bailly facility, provided that the deed reservations suggested above are also

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applicable.

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.s The Honorable Floyd Fithian f Our conclusions and opinions are based upon our review of the draft amendment to the act (Enclosure) and our interpretation of our current rules, regula-tions and practices.

In reaching our conclusions, we have considered the intent of. the proposed legislation, the r'.ed for environmental monitoring and. maintenance of an exclusion area bouncary to protect the public health and safety, in addition to a number of subsidiary factors.

It is impossible for us to respond with assurance to your inquiry regarding the prevention of construction or operation of the Dailly plant by civil litigation initiated by a non-governmental entity. However, if the language of the legislation and its legislative history is clear that its intent is t

not in any way to impede the industrial growth on privately held land beyond the Lakeshore boundaries, we believe the litigation posture of the NRC. would

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be greatly enhanced.

In response to your question whether inclusion of the north-south arm (i.e. area

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I of nap M-172D dated April 27, 1970) would interfere, directly or indirectly,

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with the exclusion zone necessary for the construction and operation of the L

3 dilly facility, the answer is yes. Houever, the deed reservations discussed above, with one addition, would address t'is issue. This additional deed i

r reservation would be as follous:

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3.

."aintenance of RIPSCO's authority to cetermine all activities including

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the exclusion and removal of personnel and property from the area should

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be allowed.

I Accordingly, the " conditional" inclusion of Area I in the proposed legislation e

would have no effect on the licensing of the P.ailly facility if the deed p

reservations discussed above are included in the statute and in the language L

of the committee report.

L Lr We conclude that these proposed deed reser}ations would address our licensing concerns in the language of the 1976 legislati;on regarding the NIPSCO Greenbelt.

F If you have any further questions regarding those catters, please feel free to call upon either ne or the members of ry staff.

Lli Sincerely,

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(ei;ns 1) Lee V Gossick_

y (SEE PREVIOUS YELLOWS FOR b

PREVIOUS CONCURRENCES.)

I Lee V. Gossick h

,, Executive Director for Operations

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Enclosure:

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Ow%5Ct.ide Section 17 of the Act is amended by cddin M.Trui m r g u

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new subsections:

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'(c)

With respect to the area indicated as

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R area I on the drawing numbered MS-172D' and dated E

_bL April.27, 1978.. the Secrocary is authorized and

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DOOD nniplung f

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'(d)

Within one year of the date of enactment

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of this subsection, the, Secretary chcIl submit in "4

3 vriting to the Co=nittee on Interior end Insular 4

Affairs of the House'of Representativen and the 5

Com:nittee on Energy and Natural Resources of the kn 6

Senate, a con:prehensive plan to be expeditiously 7

inrplemented to asoure the proper achievn= ant end.

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retention of the natural integrity of lands wif-hin p

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the ickoshore in the vicinity of Cowles Bog and the W

10 "Nipeco Greenbelt". (includin6 Proposale for F3p 11 mitigating actions to be taken outcide the Inkcahore 0j 12 designed to better protect the incogrity of natural 13-resourecs within tha lakeshore) along with a detuiled>

14 long term plan to be nrpeditiously inplcmnted for the if

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15 continued conitoring of the netural resourco integrity 16 of thic crea of the lakochore., A report en the rcaulte

] 17 of the r.onitoring of the nnet'.rel recource integrity 18 chall be cubcitted ennuclly to the chove referenecd

. 19 c m ftrocc through 1990, recor:pented by indicatione of 1631 081 e

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'(d)

Within one year of the date of coc.ct"c nt 2

of this subsoction, the Secretary chcIl cubcit in 1

3 writing to the Co=nittee on Interior and Insular F

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4 Affairs of the House of Representativun and'the 1(

Cournittee on Energy and Natteral Resources of the 5

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6 Senate, a comprehensive plan to be expeditiously e

7 implemented to assure the proper achiovement and 1[

8 retention of the natural integrity of lands. wit-h4n I4 9

the ickoshore in the vicinity of Cowles Bog cnd the 10

" Hips,co Greenbelt", (including proposals for

'J, j 11 taitigating actions to be taken outside the lekcchore 12 designed to. batter protect the integrity of natural s

'13 resourcca within the ickachore) along with a detailed ii 14 Long term plan to be crpeditiously inplummted for the dF 15 continued conitoring of the natural rocource integrity j 16 of thin arcs of the Ickanhore.. A report on the reeulta 17 of the monitoring of tha,nneural recource integrity

' 1 18 shall be sub~itted annually to the chovo referenced 4

. % 19 Courniccoes through 1990, accorpanied by indications of c

( 20 mitigating actions proposed and tahon to addross y

B 21 problems identified through monitoring ectivities. '

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_ ' (e)

In the event thzt any interocto are ccquired h, 23 in the arca defined in subanecion (c) of this section, j 24 cnd with respect to tha acquicition of unit II-4, any a

'5 such acquisition ohell be cubject to whetwer deed ij 76 3

-racervntiano r:cy be neccser.ry to es:cro the full cad 1

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unic: paired continued n:ain*:enance, operation cod

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anodification of those inr.trurrento end structures e

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existing in said unit or units as of the date of ~

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-my,,.4 acquisition, as well as to carry out necessary

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5 environmental monitoring associated with power s

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DISTRIBUTION

. Docket File NRC PDR Local PDR ED0 Reading NRR Reading LWR-4 File NSIC W

H. Denton L. V. Gossick E. Case T. Engelhardt E. Case

3. Vassallo Attorney, ELD CA (3)

G. Ertter ( 74,2.c )

M. Groff E. Hughes B. Moore L. Rubenstein S. Varga D. Lynch M. Service ASLB IE (3)

SECY (3) 1631 084 9