ML19254F863

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Calls for Halt to Future Const of Facility.Location of Plant Questionable in Light of Issues Raised by Presidents Commission on Tmi.Objects to NRC Opposition to Holding Hearing on Issues.Certificate of Svc Encl
ML19254F863
Person / Time
Site: Bailly
Issue date: 11/13/1979
From: Scott W
ILLINOIS, STATE OF
To: Hendrie J
NRC COMMISSION (OCM)
References
NUDOCS 7911190221
Download: ML19254F863 (4)


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November 13, 1979

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<n Joseph M. Hendrie Chairman Nuclear Regulatory Commission Washington, D.C, 20555

Dear Chairman Hendrie:

As Attorney General of the State of Illinois, I call for a halt of future construction of the Bailly Nuclear Power Plant at its present location.

It is the most poorly located nuclear power plant in the United States.

If completed the plant will be located 30 miles from the heart of Chicago, 10 miles from Gary, Indiana and one mile from Portage, Indiana, a town of 15,000 people.

Further to the north of the plant is t'he Bethlehem Steel Plant (which employs over 6,000 people around the clock) and to the south is the Indiana Dunes National Lakeshore - a spot whose beaches attract thousands of Illinois and Indiana citizens each day.

The President's Commission on Three Mile Island has raised a serious question about the location of nuclear power plants in populated areas.

You, as Chairman of the NRC, in recent testimony before Congress acknowledged that certain operating nuclear power plants might have to be closed because of their proximity to major urban areas.

Among the plants you cited is the Zion, Illinois plant.

If the NRC acknowledges the possibility that the Zion plant, in operating a reactor located 40 miles from Chicago, may close then there can be no question that the Bailly plant, located 30 miles from Chicago and not even 1% complete should not be built.

The Bailly Nuclear Power Plant's construction permit expired on September 1, 1979.

Work has been halted on the plant for over two years while NRC staff and others evaluate a novel proposal for foundation support for the structure.

The operator has applied for an extension of Og its construction permit.

I have asked for a hearing on O

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the extension to consider such issues as the poor location of the plant and its obsolete design.

NRC staff attorneys incredibly have announced that they will oppose any effort to hold a hearing on these important issues.

The NRC has indicated that there will be a moritorium on the licensing of a nuclear power plant so that-safety and citing can be studied.

Yet the moritorium would not affect construction of the Bailly Plant even thought it is less than 1% completed and has an expired construction permit.

The NRC has indicated that an operating power plant 40 miles from Chicago may have to close because of its location.

Yet no mention is made of Bailly, which is not even built and located only 30 miles from Chicago, The President's Commission on Three Mile Island urged that no nuclear power plant be located in a populated area.

Yet the NRC appears willing to permit Bailly to be built at the doorstep of the nation's second most populated city.

In light of what we now know about the risk of locating a nuclear power plant in a populated area, the Bailly Plant should not be built in its present location.

As Chief Legal Officer of Illinois I call upon the Nuclear Regulatory Commission to halt future construction at the Bailly Plant.

Very truly yours, iATT0RNEY GENERAL l

cc:

Bailly Service List 1345 350 4

CERTIFICATE OF SERVICE I,

DEAN HANSELL, hereby certify that I have served copies of the foregoing letter upon each of the following persons by deposit in the United States Mail, first class postage prepaid, this 14th day of November, 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 Victor Gilinsky Peter Bradford Commissioner Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Director of Nuclear Reactor Regulatio U.S. Nuclear Regulatory Commission John Ahearne Washington, D.C.

20555 Commissioner

-U.S.

Nuclear Regulatory Jack R.

Newnetn, Esq.

Commission Newman, Reis & Axelrad Washington, D.C.

20555 1025 Connecticut Avenue, N.W.

Washington, D.C.

20036 Samuel J.

Chilk Secretary of the Commission James L. Kelley U.S. Nuclear Regulatory Acting General Counsel Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 William H. Eichhorn, Esq.

Richard L.

Robbins Schroer, Eichhorn and Morrow Lake Michigan Federation 5243 Hohman Avenue 53 West Jackson Boulevard Hammond, Indiana Chicago, Illinois 60604 i

Guy H.

Cunningham, III Michael Swygert l

Assistant Chief Hearing De Paul School of Law Counsel 25 East Jackson Boulevard U.S. Nuclear Regulatory Room 759 Commission Chicago, Illinois 60604 Washington, D.C.

20555 Edward W. Ossan, Jr.

Steven C.

Goldberg One IBM Plaza Counsel for the NRC Regulatory Suite 4600, Chicago, Il. 60611 Staff J.

Michael Olszanski U.S. Nuclear Regulatory Comm.

Washington, D.C.

20555 Local 1010 United Steel Workers of America 3703 Euclid East Chicago, Illinois 46312 1345 351

. Robert Vollen 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Robert L.

Graham One IBM Plaza 44th Floor Chicago, Illinois 60611 j

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DEAN HANSELL Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 e

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