ML19305D730
| ML19305D730 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 04/10/1980 |
| From: | Hansell D, Scott W ILLINOIS, STATE OF |
| To: | |
| References | |
| NUDOCS 8004150461 | |
| Download: ML19305D730 (8) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
IN THE MATTER OF:
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DOCKET NO. 50-367 NORTHERN INDIANA PUBLIC
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(Request for Action)
I SERVICE COMPANY
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10 C.F.R. 2.206 (BAILLY GENERATING STATION,
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NUCLEAR-1)
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SUPPLEMENT OF ILLINOIS TO LETTER OF NOVEMBER 21, 1979 In view of the determination made by the Commission that the letter of November 21, 1979 from William J.
Scott, Attorney General of Illinois to then NRC Chairman Joseph R. Hendrie, is to be treated as a request for action under Section 2.206, this Supplement is offered.
Illinois requests that this request for action be decided by the Commission itself or by an Atomic Safety and Licensing Board and not by the Director of the Office of Nuclear Reactor Regulation or by his staff.
The NRC staff is serving as an adversary party in the construction permit extension proceeding involving the Bailly Nuclear Power Plant and thus they would be inappropriate judges on the merits of this matter.
Illinois' request that this matter be considered by the Commission is particularly appropriate regarding evacuation planning in view of the Commission Statement of Policy set forth in the Statement of Consideration for the Proposed Rule on Emer'ency Planning (44 FR 75167, 800415"
December 19, 1979) that until new emergency planning rules are developed the Commission itself will give its personal attention to emergency planning matters involving individual proceedings.
I 44 FR 75168 (December 19, 1979)
The November 21, 1979 letter from Attorney General-William J.
Scott of Illinois to then NRC Chairman Joseph R. Hendrie and this Supplement should not be interpreted as a waiver of Illinois' positions in the Construction Permit Extension Proceeding involving the Bailly Nuclear Power Plant.
The better forum for the consideration t
of the issues Illinois has raised is the Construction Permit Proceeding.
Illinois requests consideration be given not only to the inappropriateness of the Bailly site but to the feasibility of
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evacuation planning.
In particular, Illinois requests that the i
issue of whether the areas surrounding the Bailly site are even j
capable of being evacuated be considered.
In determining whether to suspend or revoke the Construction Permit for Bailly the Commission should consider the following factors:
r a.
Population density at the Bailly site relative to population density at alternative sites was never considered at the initial Construction Permit proceeding because Class 9 accidents i
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. 4 were not analyzed due'to the perceived t
inprobability.of such accidents occuring.*
b.
The Construction Permit Licensing Board found that great weight should be given to the Bailly site over a less crowded alternative site because additional time would be needed to switch the nuclear power plant to an alternative site and the electricity to be generated by Bailly was t
needed by 1979.
c.
Bailly is less than 1 percent completed despite NIPSCO's possessing a Construction Permit for over 5 1/2 years.
d.
Bailly is located 20 miles from Chicago, 6 miles from Gary, 2 miles from Portage, Indiana (population 30,000 people), 800 feet from the Bethleham Steel Plant (employs 8,000 people around the clock) and 500 feet from the Indiana Dunes National Lakeshore.
e.
A memo from R. Wayne Houston, Chief, Accidents Analysis Branch, Division of Site Safety and Environmental Analysis to Daniel R. Muller, Acting Director, Division of Site and Safety and Environmental l
- By letter of March 20, 1980 Chairman Gus Speth of the President's Council on Environmental Quality to Chairman John Ahearne of the Nuclear Regulatory Commission stated that the Nuclear Regulatory commission must consider the consequences of a Class 9 accident l
in the development of its environmental impact statements.
This view is reinforced by the February 4, 1980 study of the Environmental Law Institute, NRC's Environmental Analysis of Nuclear Accidents:
Is It Adequate?
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_4-Analysis (that memo is attached hereto and incorporated herewith) regarding NUREG 0626 analyzes all active nuclear power plants for compliance with the six proposed siting criteria identified in NUREG 0625 Report of the Siting Policy Task Force.
Of all the active nuclear power plants in the United States Bailly alone fails to satisfy all six of the proposed criteria.
f.
NUREG 0625, the Kemeny Commission Report and the Rogovin Commission Report each caution against siting a Nuclear Power Plant near a major urban area.
g.
The NRC proposed rule under 10 C.F.R. Part 50 on Emergency Planning, 41 FR 75167 (December 19, 1979) proposes two alternative schemes for emergency planning.
Although these alternatives are merely proposed Bailly can satisfy neither.
I h.
A joint Environmental Protection Agency-Nuclear Regulatory Commission document Planning Basis
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for the Development of State and Local Governmental Radiological Emergency Response Plans in Support of Light Water Nuclear Power Plants NUREG 0396, EPA 520/1-78-016 recommends inter alla that Emergency Planning Zones of 10 miles for the plume exposure pathway and 50 miles for the ingestio,. pathway be established.
Given the density of population near
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population near Bailly such zones cannot reasonably be established in that region.
l i.
A joint NRC-Federal Emergency Management C
Administration Document, Criteria for Preparation and Evaluation of Radioloaical Emergency Response Plans and Preparedness in support of Nuclear Power Plants NUREG-0654, FEMA-REP-1 identifies interim criteria for use in the development and evaluation of emergency response plans.
The area surrounding the Bailly plant cannot meet these criteria.
Illinois requests that a hearing be instituted for the purpose of reviewing the adequacy of the siting for the Bailly plant and whether or not an emergency evacuation plan is even capable of being developed for the region in which the Bailly plant is located.
Respectfully submitted, WILLIAM J. SCOTT Attorney General State of Illinois I
n f 5 -s
-.:a., '
DEAN HANSELL Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 312-793-2491
CERTIFICATION OF SERVICE I, JESSIE GIBSON, hereby certify that I have served a copy of the foregoing Supplement of Illinois to Letter of November 21, 1979 upon each of the following persons by deposit in the United States' Mail, first class postage prepaid, this loth day of April, 1980.
Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Glenn O.
Bright U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission i
Washington, D.C.
20555 4
Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. George Schultz 110 California Michigan City, Indiana 46360 William H. Eichorn, Esq.
5243 Hohman Avenue Hammond, Indiana 46320 i
l
e Rober: J. Vollen, Esquire c/o EPI 109 North
Dearbcrn Stree:
Suite 1300 Chicago, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor Chicigo, Illinois 60611 i
Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 37 03 Euclid Avenue East Chicago, Indiana 46312 Cr.
Diane 3.
Cohn, Esquire Willian 3.
Schultz, Esquire Suite 700 2000 P Street, N.W.
Washington, D.C.
20036 Richard L. Robbins, Esquire 53 West Jackson Soulevard Chicago, Illinois 60604 Mr. George Grabowski Ms. Anna Grabowski 7413 W.
136th Lane Cedar Lake, Indiana 46303 Stephen Laudig, Esquire 445 N. Pennsylvania Street Suite 815-816 Indiana:clis, Indiana 46204 h
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Maurice Axelrad Kathleen Shea Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Robert W. Hammesfahr, Esq.
200 E.
Randolph Street Suite 7300 Chicago, Illinois 60601 John Ahearne Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Peter Bradford Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Joseph Hendrie Commissioner U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 t
Richard Kennedy Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Victor Gilinsky Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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