ML19345G932

Response in Support of Prairie Alliance 810330 Revised Petition to Intervene.Each Contention Meets 10CFR2.714(b) Specificity Requirements.State of Il Renews Motion to Intervene as Interested State.Certification of Svc Encl

ML19345G932
Person / Time
Site:	Clinton
Issue date:	04/09/1981
From:	Neuman R, Willman P ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19345G928	List: ML19345G927 ML19345G932
References
NUDOCS 8104220770
Download: ML19345G932 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF ILLINOIS )

POWER COMPANY, SOYLAND POWER ) DOCKET NOS. 50-461 COOPERATIVE, INC. and WESTERN ) 50-462 ILLINOIS POWER COOPERATIVE, INC. )

ILLINOIS' RESPONSE TO PRAIRIE ALLIANCE'S REVISED PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING Petitioner, THE PEOPLE OF THE STATE OF ILLINOIS (Illinois), by TYRONE C. FAHNER, Attorney General of the State of' Illinois, responds to Prairie Alliance's Revised Petition For Leave To Intervene and Request For Eearing (the revised petition) as follows:

A. General Comments Illinois urges the Atomic Safety and Licensing Board (the Board) to admit each of the contentions raised by Petitioner, Prairie Alliance, in its revised petition. It is Illinois' belief that each contention meets the specificity requirement of 10 C.F.R. 52.714 (b) . Furthermore, each contention raises issues that are relevant to the determination the Board must make at this proceeding, that is, whether Illinois Power Company, et al. (the Applicants) are entitled to licenses to operate Clhiton Power Station, Units 1 and 2. However, Illinois respectfully reminds the Board that, in passing on the admissibility of each contention, it should not consider the merits of the contention itself.

Alabama Power Company (Joseph M. Farley Nuclear Plant, Units 1 and 2), ALAB-183, 7 AEC 210, 216 (1974); Duquesne Light Company, et al., (Beaver Valley l

Power Station, Unit 1) , ALAB-109, 6 AEC 243, 244 (1973); Houston l 4104220770 l

Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1) , ALAB-590,11 NRC 542, 548 (1980).

Illinois also renews its motion for leave to intervene as an interested state and its request that the Board grant a hearing in which it and other interested individuals and organizations may fully participate.

B. Specific Comments

1. Illinois believes that Prairie Alliance has set forth with reasonable specificity the bases for Contention 1, as required by 10 C.F.R. 52.714(b). Contention 1 is at least as specific as other contentions, admitted in other operating license proceedings, that raise issues concerning emergency planning. See, e.g.,

Cincinnati Gas and Electric Company (William H. Zimmer Nuclear Station) LBP-80-19, 12 NRC 67, 71-72 (1980).

2. Illinois believes that Prairie Alliance has set forth with reasonable specificity the bases for Contention 2, as required by 10 C.F.R. 52.714 (b) . In addition, Illinois states that issues related to the Applicants' management capability and technical qualifications are properly considered at the operating license stage. 10 C.F.R. 52.104 (c) (2) ; see, e.g., Consumers Power Company (Midland Plant, Units 1 and 2) , ALAB-106, 6 AEC 182, 184 (19 ).

3. Illinois believes that Prairie Alliance has set forth with reasonable specificity the bases for contention 3, as required by 10 C.F.R. 52.714(b). Moreover, Illinois points out that issues related to the Applicants' financial qualifications are properly considered at the operating license stage. 10 C.F.R. 52.104 (c) (4) ; see, e.g., Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), LBP-77-68, 6 NRC 1127, 1161-64 (1977); Duke Power Company (William B. McGuire Nuclear Station, Units 1 and 2), LBP-79-13, 9 NRC 489, 522-28

.(1979). Thus, in this operating license proceeding, the Applicants must establish their ability to cover estimated operating costs, including the costs of decommissioning. 10 C.F.R. 550.33 (f) ;

Kansas Gas and Electric Company, et al. (Wolf Creek Generating Station, Unit No . 1) , ALAB-4 62, 7 NRC 3 2 0, 3 33 fn. 3 0 (1978).

4. Illinois believes that Prairie Alliance has set forth with reasonable specificity the bases for Contention 4, as required by 10 C.F.R. 52.714(b).

5-18. Illinois restates paragraph 4 as its response to Contentions 5-18.

19. Illinois believes that Prairie Alliance has set forth with reasonable specificity the bases for contention 19, as required by 10 C.F.R. 52.714(b). In addition, Illinois states that-the Board should admit all the generic safety issues enumerated in Contention 19 that are not and are not about to become the

_4 subject of Nuclear Regulatory Commission rulemaking. Potomac Electric Power Company (Douglas Point Nuclear Generating Station, Units 1 and 2), ALAB-218, 8 AEC 79 (1974).

WHEREFORE, Illinois respectfully submits that each of the contentions raised by Prairie Alliance should be admitted, that the petitions for leave to intervene by Prairie Alliance and Illinois should be granted, and that a hearing in the above matter should be held.

Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS TYRONE C. FAHNER Attorney General State of Illinois h

PHILIP L( WILLMAN mad w , ,

REED NEUMAN  % p //

Assistant Attornays General Environmental Control Division 188 West Randolph Street

. Suite 2315 Chicago, Illinois 60601 312-793-2491

e CERTIFICATION OF SERVICE I certify that I caused an original and two conformed copies of the foregoing document to be served on the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Docketing and Servicing Branch and that I caused one copy of the foregoing document to be served upon each of the following:

Hugh K. Clark, Esq. Chairman Dr. George A. Ferguson P.O. Box 127A School of Engineering Kennedyville, Maryland 21645 Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Richard J. Goddard, Esq.

Atomic Safety & Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission l Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety & Licensing Prairic Alliance Appeal Board Panel P.O. Box 2424 U.S. Nuclear Regulatory Station A Commission Champaign, Illinois 61820 Washington, D.C. 20555 Peter V. Fazio, Jr., Esq.

Schiff, Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 in each case by deposit in the United States mail, postage prepaid on April 9, 1981.

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PHILIP L.'WILLMAN Assistant Attorney General D

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