ML19343A104

Memorandum in Support of Porter County Chapter Contentiions R-I 1 - R-I 15 Previously Adopted by State of Il.Contentions Fit within 1973 ALAB-129 Definition in DC Cook Proceeding Re Scope of Hearing.Certificate of Svc Encl

ML19343A104
Person / Time
Site:	Bailly
Issue date:	09/11/1980
From:	Fahner T, Van Vranken J ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
ALAB-129, ISSUANCES-CPA, NUDOCS 8009160247
Download: ML19343A104 (6)

Text

-

c-p >

tJC.O/

//, o [ ?) goc W D

.? OSMBO -

Sgp L S M.* C

, i UNITED STATES OF AMERICA 7 9 el  %

NUCLEAR REGULATORY COMMISSION r Atomic Safety and Licensing Board '

s In the Matter of )

)

NORTHERN INDIANA PUBLIC SERVICE ) Docket No. 50-367 CPA COMPANY ) (Construction Permit Extension)

) i (Bailly Generating Station, )

Nuclear 1) )

STATE OF ILLINOIS MEMORANDUM IN SUPPORT OF THEIR NEWLY-FILED CONTENTIONS The Boald's " Order Following Special Prehearing Conference" in the above captioned case provided an opportunity for Intervenor, the State of Illinois (Illinois) to set forth its position in support of the revised and reworded contentions which were incorporated by l reference as part of Illinois' original Petitions for Intervention.

I Pursuant to that order and to the Board's " Order Granting Extension" i filed August 28, 1980 Illinois submits the following arguments in support of Contentions R-I 1 through R-1 15, set forth in full in the " Porter County Chapter Petitioners Objections to, Comments on, Requested Revisions of and Reworded Contentions in Response to Provisional Order Following Special Prehearing Conference" and adopted in " State of Illinois Response to Provisional Order Following Special Pre-Hearing Conference". Please note that in adopting Porter County's reworded contentions Illinois specifically stated that it regarded its previous, independent filings as timely and adequate; Illinoid has adopted the reworded contentions not because

\ 8009160N7 G-

2-it has identical interests to Porter County but "for the sake of convenience and to simplify the Board's task in ruling on contentions...." (Illinois Response, Supra at 9)

Illinois contends that each of the " newly-filed contentions" should be admitted in this proceeding in that each fits within the scope of hearing defined by the Commission in Indiana and Michigan Electric Co. (Donald C. Cook Nuclear Plant, Units 1 and 2) , ALAB-129, 6 AEC 414 (1973) and by the Board's " Order following Pre Hearing Conference" in this proceeding. Each of the contentions either (1) arises'from the reasons assigned for the delay in construction by the Applicant, (2) is directly related to the prolonged period of construction or (3) raises a serious question of public intarest, healt or safety that is so compelling that it cannot abide the the operating licensing proceedings. As Illinois has argued in previous filings, the issues raised by the newly-filed contentions are all new issues which were not aired at the construction permit stage. Therefore the required finding of reasonable assurance has never been made as it regards the Mark II containment, now known to be of questionable safety (Contentions R-I 3, 5& 6) , spent fuel storage capacity in light of the reporcessing moratorium (Contentions RI 2 & 8) , class 9 accidents (Contentions R-I 1, 4& 7) and financial capability as it exists now and has been effected by the past years'

- delays.

3-i The Contentions dealing with the effects of Three Mile Island (TMI) on this construction fit within all three of the Board's announced standards. TMI is listed by NIPSCO as a reason for delay. New construction and safety standards wi31 effect the continued construction of Bailly if an extension to the construction permit is granted. (See Deposition of Eugene 1

Shorb, September 9, 1980 at ). The effects of a TMI type 1

class 9 accident at' Bailly are potentially so catastrophic as

~

to compel litigation of these contentions now in order to protect the public interest.

Contentions which seek to litigate the compelling questions of Mark II safety (Contentions R-I 3, 5& 6) , and those that would raise issues of recent developments in the nuclear field - (R-I 2, 4, 7& 9) also fall within the scope of issues so compelling as to require litigation prior to the operating license phase.

Contentions R-I 10-12, 14 & 15 raise issues regarding the requirement for a new EIS. Illinois position that a new EIS is required is given support by the Council on Environmental Quality's determination to thar the NRC must reevaluate the adequacy of the existing EIS. See " State of Illinois' Motion to Compell Staff Determination" filed August 26, 1980. These contentions should be accepted. In the alternative the Board should at least hold decision on these contentions in abeyance

-,..~--n-.. ~<r--,,_ --

,,,w ., - , , - - - - - - r-, s g -

o -

until the NRC has made a decision as to whether a new EIS will 2

be prepared. If the NRC decision is in the negative the Board should then admit the contentions and order an EIS to be prepared.

R-I 13 deals with financial capability. It is related 4

to the reasons for delay. Financial capability will determine whether thu construction, if permitted, can be safely finished.

Financial capability is of compelling public interest and litigation of the issue should not be delayed.

i WHEREFORE, the newly filed contentions of the Porter County Chapter Intervenors, as adopted by the State of Illinoir, should be admitted in this proceeding.

Respectfully submitted, TYRONE C. FAHNER Attorney General State of Illinois BY: ff

@ HN VAN VRANKEN Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 I Chicago, Illinois 60601 (312) 793-2491 DATED: September 11, 1980 i

1

I CERTIFICATE OF SERVICE I hereby certify that on this lith day of September, 1980 I served copies of *% foregoing State of Illinois Memorandum in Support of their Newly Filed Contentions upon each of the persons named on the attached Service List, by causing copies to be deposited in the U.S. Mail, in envelopes properly addressed and sealed, first class postage prepaid.

U/ -

yJHN VAN VRANKEN

, _ , . . . . . . - . - - - - - -- - - - - - - ' - - - ~

SERVICE LIST lerber G:cssran, Esq. CbA'mm Ibbert J. Vollen, Esq. Atamic Safety and Licensing 4temic Safety & Licensing c/o BPI Appeal Board Panel Board Panel 109 North Dearborn LS. Nuclear Pegulatory Comission U.S. Nuclear Pegula* wry Chicago, Illinois 60602 Ca:trission fashington, D.C. 20555 Washington, D.C. 20555 Jr. Richard F. Cole Michael I. Swygert, Esq. Docketing & Service Section itoric Safety & Licensing 25 East Jackson Blvd. Office of the Secretary Board Panel Chicago, Illinois 60604 AS. Nw lanr Pegulatory Caission U.S. Nuclear Pegulatory fashington, D.C. 20555 Comission Washington, D.C. 20555 dr. Glenn O. Bright William H. Eichhorn, Esq.

(tomic Safety & Licensing Eichhorn, bbrrow & Eichhorn Board Panel 5243 Hoh=vn Avenue hS. Huclear Pegulatory Com. Hammond, Indiana 46329 iashington, D.C. 20555 3eard Ossan, Jr., Esq. Stephen Laudig, Esq.

luite 4600 445 N. Pennsylvania Street be IBM Plaza Indianapolis, Indiana 46204 hica:p, Illinois 60611 bbert Mam, Esq.

be IBM Plaza 4th Flr ' ' b0 ticago,' Illinois 60611 ~000 P Street' N*W*

Washington, D.C. 20036

'crge and Anna Grcbowski e Richard L. Bobbins, Esq.

813 W. 136th Lane Lake Michigan Federaticn edar Lake, Indiana 46303 53 West Jackson Blvd.

Chicago, Illinois 60604

r. George Schult: Steven Goldberg 10 California Street Counsel for the NFC Staff ichigan City, Indiana 46360 U.S. Nuclear Pegulatory Com.

Washington, D.C. 20555 athleen H. Shea, Esq. Atomic Safety and Licensing awenstein, Newnan, Peis Board Panel Icelrad & 'Ibli U.S. Nuclear Regulatory Comn.

25 Connecticut Ave., N.W. Washington, D.C. 20555 ashington, D.C. 20036 e s ]

_ _ _. - . . - .