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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126M8141985-05-23023 May 1985 Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523 ML20058J0861982-08-0606 August 1982 Order Holding Intervenor Business & Prof People for Public Interest Request for Award of Atty Fees & Expenses Under Equal Access to Justice Act Until Question of Availability of Funds Solved.Nrc Will Seek Comptroller General Opinion ML20054J0811982-06-18018 June 1982 Notice of ASLB Reconstitution.H Grossman,Chairman & K Mccollom & Rl Holton,Members ML20054F9471982-06-0707 June 1982 Memorandum Supporting Business & Prof People for Public Interest Application for Award of Atty Fees & Expenses ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20053E6821982-06-0404 June 1982 Affidavit of Rj Vollen Re Costs & Legal Svcs Provided ML20053E6831982-06-0404 June 1982 Affidavit of Jm Vollen Re Costs & Legal Svcs Provided ML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6841982-06-0303 June 1982 Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010B2941981-08-12012 August 1981 Renewed Application for Subpoenas Directed to Rf Brissette, s Dobrijevic & Personnel at Sargent & Lundy,Ground/Water Technology,Inc & Dames & Moore.Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C5001981-08-11011 August 1981 Notice of Lm Bykoski & Lg Hulman 810824 & 26 Depositions, Respectively,Re Theoretical & Empirical Basis of NRC 810717 Eia & Documents,Info & Personnel Used in Preparing Eia ML20010C5071981-08-11011 August 1981 Amended 810720 Notice of MD Lynch Deposition,Including Listed Matters for Exam ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl 1985-05-23
[Table view] Category:PLEADINGS
MONTHYEARML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl ML20010C1591981-08-11011 August 1981 Third Application for Order Requiring NRC to Answer Porter County Chapter Intervenor'S Third Set of Interrogatories. Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010B3941981-08-10010 August 1981 Response in Opposition to State of Il Refusal to Produce Designated Agent for Deposition.Util Does Not Object to Rescheduling of Deposition.Certificate of Svc Encl.Related Correspondence ML20010B2961981-08-10010 August 1981 Motion to Compel NRC Answers to Porter County Chapter Intervenors' First Set of Interrogatories.Nrc Answers Re Interrogatories 8(f)(ii)(iii) & 9(d) & (F) Were Deficient. Related Correspondence ML20010B2951981-08-10010 August 1981 Second Motion to Compel Further NRC Response & Production of Documents Per Porter County Chapter Intervenors' Second Request.Nrc Should Be Ordered to Provide Definitive Response.Related Correspondence ML20010B2901981-08-10010 August 1981 Showing of General Relevance Supporting Subpoena Applications.Persons to Be Deposed Have Knowledge Directly & Immediately Relevant to Proceeding Issues.Related Correspondence ML20010B2921981-08-10010 August 1981 Motion to Extend 810930 Deadline for Taking Depositions. Compliance May Not Be Possible.Schedule Imposes Unreasonable Burden on All Parties.Related Correspondence ML20010B1321981-08-0707 August 1981 Response Opposing Porter County Chapter Intervenors' 810731 Motion for Leave to Initiate Further Discovery.No Good Cause Shown.Certificate of Svc Encl.Related Correspondence ML20010B2871981-08-0606 August 1981 Motion for Protective Order Providing That Util Requested Deposition Not Be Taken as Scheduled.Job Responsibilities Prevent H Read 810812 Deposition ML20010B3021981-08-0505 August 1981 Response in Opposition to Util 810721 Motion to Compel Answers to Second Set of Interrogatories.Motion Is Filled W/Vituperative Rhetoric,Snide Comments & Personal Attacks on Intervenors.Certificate of Svc Encl ML20009H4681981-07-31031 July 1981 Second Request for Order Requiring NRC to Answer Porter County Chapter Intervenors Second Set of Interrogatories. Answers Relate to Matters Solely within NRC Knowledge. Certificate of Svc Encl.Related Correspondence ML20009H4951981-07-31031 July 1981 Motion for Leave to Initiate Further Discovery to Follow Up on Interrogatories & Various Documents.Related Correspondence ML20009G9841981-07-30030 July 1981 Response Opposing State of Il 810713 Motion for Extension of Time.State of Il Excuses Are Insufficient & Should Not Be Allowed to Dictate Pace of Proceeding.Certificate of Svc Encl.Related Correspondence ML20009G8241981-07-27027 July 1981 Response Opposing State of Il 810713 Motion for Extension of Time.Counsel Needs to Consult W/Other Personnel to Answer Interrogatories Is Usual & Does Not Justify Delayed Responses ML20009G8301981-07-27027 July 1981 Renewed Motion for Protective Order Re Purcell Deposition & Withdrawal of Motion for Protective Order Re Dunn & Ricca Depositions.No Justification Offered for Late Deposition ML20009F2161981-07-24024 July 1981 Answer to State of Il 810717 Motion for Clarification of Order & Porter County Chapter Intervenors' 810722 Motion for Clarification or Reconsideration of Order.Aslb 810710 Order Is Not Ambiguous.No Clarification Needed ML20009F2181981-07-24024 July 1981 Renewed Motion for Protective Order Providing That Petersen,Hiple & Kulawinski Depositions May Not Be Taken on Dates Specified.No Justification Offered.Aslb Established Final Date for Depositions.Certificate of Svc Encl ML20009G8201981-07-23023 July 1981 Response Opposing Util 810708 Motion for Protective Order That Ah Petersen,Fg Hiple & Kulawinski Depositions Not Be Taken After 810731.Util Motion Seeking 810731 as Date Closing Discovery Was Denied.Certificate of Svc Encl ML20009E3051981-07-23023 July 1981 Response Opposing Porter County Chapter Intervenors' 810710 Motion for Extension of Time to File Answers or Objections to Third Set of Interrogatories.Motion Is Attempt to Delay Completion of Discovery.W/Certificate of Svc ML20009E6521981-07-22022 July 1981 Motion for Clarification or Reconsideration of 810710 Orders.Svc of Subpoenas & Notices of Deposition & Taking of Depositions Cannot Reasonably Be Accomplished by Ordered 810828 Date.Certificate of Svc Encl ML20009E0921981-07-21021 July 1981 Motion to Compel Answers to 810423 Second Sets of Interrogatories Directed to Porter County Chapter Intervenors,Concerned Citizens Against Bailly Nuclear Site & Others.Certificate of Svc Encl ML20009E2131981-07-20020 July 1981 Statement Adopting in Entirety Porter County Chapter Intervenors 810609 Application for Order Requiring O Thompson Attendance & Testimony at Deposition 1982-06-04
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N'RC PimMC DOCDEXT ROOH 4 -
UNITED STATES OF AMERICA \ \
NUCLEAR REGULATORY CCfD1ISSION 6/[g# 0 y 6 / L-2
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JOINT SUPPLEMENT TO REQUESTS FOR HEARING By letter dated February 7, 1979, Northern Indiana Public Service Company ("NIPSCO") requested issuance of an amendment to Construction Permit No. CPPR-104 (the " construction permit")
for the Bailly Generating Station, Nuclear-1 ("Bailly"). The requested amendment would extend the latest construction comple-tion date for Bailly for 6 years - from September 1, 1979 to September 1, 1985.
On February 27, 1979, the Porter County Chapter of the I.:aak. Walton League of America, Inc. , Concerned Citi:: ens Against Bailly Nuclear Site, Inc. , Businessmen for the Public Interes t, Inc., J1mes E. Newman, Mildred Warner, George Hanks, submitted their Request for Hearing with respect to NIPSCO's requested amendment. On March 5, 1979, the People fo the State of Illinois submitted their Request for Hearing with respect to N!PSCO's requested amendment. (The parties submitting those two requests are hereinafter referred to jointly as " Requestors".)
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This Joint Supplement is submitted by the Requestors for the purpose of identifying some of the matters which must be addressed by the Nuclear Regulatory Commission in connection with its consideration of whether to issue the requested amend-ment and at the hearing required to be held thereon.
Before the requested amendment can be issuec., NIPSCO is required to meet its burden of showing good cause for the ex-tension of the completion date. (42 U.S.C. S2235.) Requestors contend that NIPSCO has not met its burden either by the February 7,1979 request or otherwise. hareover, when all of the relevant issues, facts and circumstances are disclosed and considered, NIPSCO will not be able to meet its burden.
Accordingly, the Commission should deny NIPSCO's request for the amendment.
INTRODUCTION Since the construction peer.it was issued on May 1, 1974 NIPSCO has ccmpleted approximately 1% of construction. The status of construction will not be substantially different when the construction permit expires on September 1, 1979. Thus, the amendment which NIPSCO seeks is not a mere technicality which is necessary to enable it to finish up the details of construc~
tion. To the contrary, the amendment which NIPSCC seeks is the Ccemission's authorization to build 99% of the Bailly plant.
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The question of whether the Commission should issue an amendment of that character is every bit as significant, under both the Atonic Energy Act of 1954 and the National Environmental Policy Act of 1969, as was the question of whether the Commission should issue the original constructioi permit, which it did in 1974. The significance of the issue posed by NIPSCO's requested amendment is found in the passage of time (over 5 years since the pe-mit was issued)y in the absence of any substantial portion of the plant having been constructed (only 1%); in the fact that it seeks an extension for a period of 6 years,even longer '.han the period covered by the original construction permit (5 years, 4 months frcm May 1, 1974 to Sertember 1, 1979); and, in the substantial number of developments which have occurred since tIhe construction permit was issued (some of whi-h are '.dentified below),none of which were or could have been considered in connection with the Atomic Energy Commission's decision to issue the construction per-mit. These developments must be considerec in connection with the N'uclear Regulatory Ccmmission's decision =. s to whether or not to issue NIPSCO's requested amendment to the construction permit -
to build 99% of the Bailly plant.
This Joint Supplement is intended to identify some of the things which must be done and matters wtich must be considered by the NRC in connection with NIPSCO's requested construction per-mit amendment, Each of the matters identi'ied here was not and could not have been considered in a public hearing concerning Bailly,and each is of such significance that it is required to
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be censidered, and each is not capable of resolution during con-struction. The identification here is preliminary and not all inclusive. Other matters which are required to be considered are known to the Commission and still others may become known to Re-questors following discovery and other appropriate administrative procedures. Each of these matters is relevant to the issue of whether good cause has been shown for the issuance of the con-struction permit.
PUBLIC HEALTH AND SAFETY MATTERS
- 1. On March 28, 1979 the most se-tous nuclear power plant accident ever occurred at the Three Mile Island plant. In re-sponse, a large number of studies of the causes, effects, con-sequences and preventability of such accidents, including one by a Commission appointed by President Carter and a "special independent study" for the NRC announced by Chairman Hendrie on June 14, 1979. Chairman Hendrie was quoted as saying "the pur-pose of [the] evaluation is to permit the Comnission to take what-ever future steps may be necessary ta prevent any similar accident i .n the future and to improve the NRC's abi3 ity to respond to accidents." (Chicago Sun-Times, June 15, 1979, p. 24).
The Three Mile Island accident is so significant that it, its consequences, and the studies of and about it must be censidered in connection with NIPSCO's umquested construction permit exten-sien.
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- 2. In addition to the Three Mile accident, there are a number of other recent and highly significant developments con-cerning nuclear power which must be considered in connection with the requested extension of the Bailly construction permit. These deve lopmen ts , the details of which are knci.cn to the Commission, include the required shut-down in 1979 of 5 nuclear pcwer plants because of potentially inadequate design to withstand earthquakes; the 1979 Interagency Review Group on Nuclear Waste Management Report to the President that significant ancertainties remain in the ability to safely dispose of radioactive waste and spent fuel from nuclear plants; and the 1978 Risk Assessment Review Group Report To the U.S. Nuclear Regulatory Commission (NL' REG /CR-0 4 0 0 ) .
- 3. In 1975 and thereafter questions, acknowledged by the Commission to be both serious and unresolved, about the safety of the Mark II containment system became known. (See, e.g., NUREG 0 ei . NRC Program for Resolution of Generic Issues Related to Nucle _ar Power Plants, Report to Congress, January 1, 1978; Task Action Plan, Task !? umber A-8 at pages 1-2; Task Number A-39 at page 2; "Sacaary of Meeting held on February 16, 17, 1977, to dis-cuss the Mark II Containment Pool Dynamic Lead Program" da'ed April 18, 1977 at page 4; NUREG 0510, Identification of Unresolved S af e t-; Issues Relating To Nuclear Power Plants, January 1, 1979.)
The Mark II containment design questions are significant safety issues and may not be capable of resciutien during construction.
4 In 19 73, NIPSCO proposed to ins tall shcrt pilings founda-tions for Class I safety structures at the Bailly plant, as opposed 7"9 hob
to building the plant on a foundation of piles driven to bed rock or the layer of glacial till immediately above bed rock. The short pilings proposal has not been considered in public hearings, nor could it have been because it was not proposed by NIPSCO until after public hearings were concluded and the original construction permit was granted. The design of the foundation and the length of fcundation piles for Class I structures are major safety features of Bailly which directly affect the public health and safety and are issues which are not capable of resolution during construction.
- 5. Nuclear Regulatory Guide 1-97 which was issued after the Bailly construction permit was issued and which governs post-accident monitoring has not been taken into account by NIPSco in the design of the Bailly plant. The Bailly plant design is inade-quate because it lacks sufficient post-accident ronitoring capabilities in order to inform plant operators of what has hap-pened following a nuclear accident. The inadequacies in post-accident monitoring were amply demonstrated at Three Mile Island when the operator of the plant did not know what was taking place in the core of the containment and did not knew accident conditions outside of the plant. This is a significant issue which may not be capable of resolution during construction and is one which has not been considerec before in Dailly proceedings.
The Advisory Ccanittee on Reactor Safeguards, as recently as May 16, 1979, has acknow.'. edged the importance of post-accident monitoring. Further, the equirements of TAP A-34 regarding post-accident monitoring i.
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are still unknown and there is a substantial question wuether Bailly will be able to adequately retrofit to fit such requirements.
- 6. The NRC in NUREG 0410, NUREG 0471, Gulf State Utilities Company (River Bend Station, Units 1 and 2) 6 NRC 760 (1977), and NUREG 0510 lists numerous generic safety issues which have not yet been resolved. In addition, General Electric, the reactor vendor for Bailly has prepared a report (the Reed Report) identifying, inter alia, 27 safety related items which need improvement in General Electric boiling water reactors. The Report's existence was not made known to the public until after the issuance of the Bailly construction permit and it was not even until 1976 thct NRC employees were allowed to see the report. The Report is particularly relevant to Bailly because the BWR-5 Mark II reactors were under active design evolution at the time that the Reed Report was being prepared.
- 7. 10 C.F.R. Part 50 Appendix A criterion 20 requires that the cmergency protection systems in a reactor be designed to auto-matically initiate the operation of certain safety systems to assure that field design limits are never exceeded due to certain anti-cipated occurrences during operation. Several times a year in the U.S. a reactor will fail to scram when the field design limit is exceeded. ATNS has been shown by WASH 1400 (the Rasmussen Report) to be a major cause of accidents in boiling water reactors and that boiling water reactors are more susceptible to ATWS incidents than pressurized water reactors.
The ENR-5 in the Mark II containment will not survive many of the proposed ATWS scenarios thus potentially 3
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resulting in a core melt or a containment failure. NUREG 0460 calls for several possible solutions to the problem of ATWS. It is critical that the design and construction of the Bailly plant be capable of accommodating any of the possible solutions proposed to meet the ATwS requirement. Further, NUREG 0510 considers ATWS to be an unresolved safety issue.
- 8. Events at Three Mile Island indicated great problems of worker exposure in attempting to mitigate the effects of the less-than-Class 9 accident. This was especially evident in such systems as the hydrogen recambiners, primary loop sampling system and liquid and gas waste storage in the auxiliary building. NIPSCO has not dealt with this f actor in the construction permit pro-ceeding and it is a problem which may be incapable for resolution during construction.
- 9. In view of the lack of alternative storage and disposal facilities for spent fuel it is important to allow sufficient size for the spent fuel pool without the artificial mechanism of dense storage. Reactors of the Bailly type require spent fuel storage in the containment vessel and therefore adequate space in the contain-ment must be provided for spent fuel storage. This is a problem r.c dealt with in the construction permit proceedings and if the containment is improperly desig led, will be incapable of resolation during construction.
- 10. Operating history of boiling water reactors since the issuance of the conr,truction p?rmit for Bailly indicate numerous r
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problems regarding the adequacy of boiling water reactor designs with reference to pipe cracks, vessel cracks, sparger cracks and control rod failure. 10 C.F.R. 50 Appendix A, criteria 14, 30, and 31 require an applicant to demonstrate the adequacy of material selection and control to avoid such problems. No such demonstra-tion has been rade by NIPSCO and because these are design problems they will be incapable of resolution during construction.
AN ENVIRONMENTAL IMPACT STATEMENT MUST BE PRE?ARI ^2 The issuance of the amendment requested by NIPSCO - which would constitute permission to build 99% of the Bailly plant -
would be a major federal action significantly affecting the quality of the human environment. Acce .dingly, a detailed environ-mental inpact statement must be prepared and NEPA must otherwise be complied with, before the amendment may be issued. This is particularly so in view of the large number of factual develop-men ts , identified in this Joint Supplement or otherwise known to the NRC,which were not and could not have been considered in the AEC's Bailly Final Environmental Statement or in the cost-benefit analysis. These include, but are act limited to, the folicwing:
- a. A large number of public health and safety factors which affect the probability of varicus types of accidents and their consequences, including, but net linited to, those identified in~ paragraphs numbered 1 through 10 of this Joint Supple-ment;
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- b. Significant changes in the facts underlying a determination as to whether there is a need for the power to be generated by Bailly, and if so when, such as the rate of growth of demand on NIPSCO's system, additional generating sources built by NIPSCO and other utilities, and energy conservation techniques;
- c. The drmmatic increase to over $350 million in the proposed cost of building the Bailly plant;
- d. Changes in the population density surrounding the Bailly site;
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- e. The impact upon the Indiana Dunes National Lakeshore of the construc-tion activities thus far carried out, including the dewatering, pumping and the effect, if any, of the slurry wall.
f, A recent NRC staff memo to the Ccmmission recognizes that in a eas of dense population Class 9 accidents are a proper subject for considera-tien in connection with construction of nuclear power plants. (Action Memo-randum, SECY-78-137; Assessments of Relative Differences in Class 9 Accident Risks in Evaluation of Alternatives To Sites with High Population Densities, March 7, 1978.) Bailly's proximity to major urban areas, 20% of the nation's steel-making capacity, the Indiana Dunes National Lakeshore, and Lake Michigan make it particularly appropriate for Class 9 consideration. Consideration to a Class 9 accident at the Bailly nuclear plant has not been given.
Ir the alternative, even if the Ccmmission rejects the con-clusion that a new environmental impact statement is required, these significant new developments must be considered in a supplement to
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the AEC's Bailly Final Environmental Statement and the impact of each upon the cost-benefit analysis of the Commission to be considered.
In the further alternative, each of the above-identified factors is a significant factor in the cost-benefit analysis and the Commission is required to re-analyze its prior cost-benefit conclusion on the issuance of a construction permit for the Bailly plant. Each of these factors also requires that the Commission re-analyze its ccm-parison of the costs and benefits of the permit issuance to the costs and cenefits of alterantive courses of action.
INCORPORATION AND RESERVATION Requestors hereby include and incorporate by reference as matters to be considered in connection with the requested amendment those matters identified in the Requests to Institute a Proceeding, and Motion To Suspend and Revoke Construction Permit No. CPPR-104, previously filed with the NRC by Requestors on November 24, 1976 and December 15, 1976. Requestors reserve tne right to amend, modi-fi and add to or delete the matters identified to be considered.
DATED: June 29, 1979 Respectfully submitted, William J. Scott Robert J. Vollen Attorney General Edward W. Osann, Jr.
I State # Illinoia Robert L. Graham By: - /r 1/ By:
Robert J . 9'c l l e n DEAN HAUSELL Assistant Attorney General Attorneys for Porter County Chapter Environmental Control of the Izaak Walton League of America, Division Inc.; Concerned Citizens Against 188 West Randolph Street Bailly Nuclear Site, Inc.; Businessmen Suite 2315 for the Public Interest, Inc.; James E.
Chicago, Illinois 60601 Newman; Mildred Warner and George (312) 793-2491 Hanks
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Of Counsel: Robert J. Vcllen 109 North Dearborn Street Susan Sekuler Suite 1300 Assistant Attorney General Chicago, Illinois 60602 Environmental Control (312) 641-5570 Division 188 West Randolph Street Edward W. Osann, Jr.
Suite 2315 One IBM Plaza Chicago, Illinois 60601 Suite 4600 (312) 973-2491 Chicago, Illinois 60611 (312) 822-9666 Robert L. Graham One IBM Plaza 44th Floor Chicago, Illinois 60611 (312) 222-9350
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CERTIFICATE OF SERVICE I hereby certify that I have served copies of the foregoing Joint Supple. ment to Requests for Hearing upon each of the following persons by deposit in the United States mail, first class postage prepaid, this 29th day of June, 1979:
Joseph Hendrie Richard Kennedy Chairman Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Peter Bradford Victor Gilinsky Commissioner Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmmission Commission Wash ngton, D.C. 20555 Washington, .C. 20555 John Ahearne Director of Nuclear Reactor Commissioner Regulation U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Samuel J. Chilk Chief Public Proceedings Secretary of the Commission Branch U.S. Nuclear Regulatory Office of the Secretary of Commission tne Ccmmission Washington, D.C. 20555 U.S. Nuclear Regulatory Ccmmissic Washington. D.C. 20555 William H. Eichhorn, Esq.
Eichhorn, Morrow & Eichhorn Jack R. Newman, Esq.
5243 Hohman Avenue Newman, Reis i Axelrad Hammond, Indiana 10 25 Connecticut Avent. . , N.W.
Washington, D.C. 20036 Guy H. Cunningham, III Assistant Chief Hearing James L. Kelley Counsel Acting General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commiscic Commission Washington, D.C. 20555 Washington, D.C. 20555 L i,p y ,q n
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Steven C. Goldberg Richard L. Robbins Counsel for the NRC Regulatory Lake Michigan Feder2 tion Staff 53 West Jackson Boulevard U.S. Nuclear Regulatory Chicago, Illinois 60604 Co= mission Washington, D.C. 20555 Michael Swygert DePaul School of Law Susan Sekuler 25 East Jackson Boulevard Assistant Attorney General Rocm 759 188 West Randolph Street Chicago, Illinois 60604 Chicago, Illinois 60601 Dean Hansell Assistant Attorney General 188 West Randolph Street Chicago, Illinois 60601 Attorney
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