ML19331D768

Forwards Appeal Re Denial of Appropriateness of Contentions in Hearings on CP Renewal.Workable Evacuation Plan Should Be Formalized & Made Operable Before OL Stage

ML19331D768
Person / Time
Site:	Bailly
Issue date:	08/26/1980
From:	Schultz G AFFILIATION NOT ASSIGNED
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8009030552
Download: ML19331D768 (1)

Text

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Michigan City, Indiana 46360 August 26, 1980 ED r C)

Nuclear Regulatory Appeal Board ocKETED i-Atomic Energy Commission USF Washington D.C. 20555 ,{ gg g g 19M > }

r .: . at se Secretso N" ;,nting & Semce

Dear People:

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'Ihis letter is an appeal to the Appeal Board regarding the denial

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• of the appropriateness of my contentions in the hearings regarding the construction permit renewal of the Bailly Nuclear Plant.

The unique location of the Bailly Plant, its proximity to the steel mills, National Lake Shore and the Indiana State Prison, makes it absolutely necessary for some workable evacuation plan to be formalized and made operable before the operating licensing stage. The events of TMI clearly indicate the possibility of a class 9 accident and absolute necessity of evacuation planning. The intent of Congress.' recent appropriations (June 4,1980) seems clearly to provide for a.Jafe locati'on and evacuation, for all muclear plants. Report 96-1007 of the secoitd session of the 96th_

Congress says:

Subsection (1086) of the conference agreement prohibits the Commission from issuing a construction permit for a nuclear plant after the new siting regulations are promulgated unless the facility complies _

with the requirements set forth in those rep:1ations.

This =a).es it clear that compliance with remote siting requirements, once they have promulgated under this secticn, is a condition for the issuance of'new construc-tion permits. .

With clever legal maneuvering Bailly might be " Grandfathered" in,' e but it seems that is prudent and reasonable and within the intent of Congress to wait until the new regulations for siting and evacuatien are promulgated and to evaluate the Bailly in view of these regulations and its unique siting situation. The NRC's hearings on Bailly would seem the appropriate forum to discuss such matters so that all interested parties and the public would be able to participate in this extremely vital issue. Please do not force us to take this issue to Civil Court so that some hearing can be made. The safety issues cannot wait until 1.1 billion dollars of our utility and tax monies are spent. Clearly it is your responsibility to broach these serious issues now in light of recent accidents, new regulations and Bailly's unique site.

I am especially concerned about the evacuation of the 1700+ men of the maximum security prison in Michigan City in the event of a serious accident, and I request once again the right to be party to these hearings.

p5o e oW ceorge Schult:, Ph.D.

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