ML19347C609

Addl Comments on City of Gary,In Request for Action Under 10CFR2.206.Since Nuclear Accident Is Impossible in Const Stage,Deficiency in Emergency Planning Could Not Constitute Threat to Public.Certificate of Svc Encl

ML19347C609
Person / Time
Site:	Bailly
Issue date:	12/22/1980
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	NRC COMMISSION (OCM)
References
NUDOCS 8012310439
Download: ML19347C609 (6)

Text

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/ . s UNITED STATES OF AMERICA _,

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NUCLEAR REGULATORY COMMISSION , - , ._ s 1,

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s ..g Before the Nuclear Regulatory Commission kMy /

In the Matter of ) Docket No. 50-367

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(Construction Permit i

NORTHERN INDIANA PUBLIC )

SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) December 22, 1980 Nuclear-1) )

ADDITIONAL COMMENTS OF NORTHERN INDIANA PUBLIC SERVICE COMPANY ON REQUESTS FOR ACTION UNDER 10 C.F.R. S 2.206 WITH RESPECT TO BAILLY GENERATING STATION, NUCLEAR 1 on December 4, the City of Gary and its fellow petitioners filed a Supplement to their prior request for suspension or revocation of the construction permit for Bailly Generating Station, Nuclear 1. The arguments there made suggest this brief 1 response.

As the Supplement states the matter, Gary seeks a Section 2.206 proceeding to litigate "the suitability of the Bailly site from the standpoint of whether it is feasible to evacuate surrounding populations in the event of a nuclear accident."

(Supplement, p. 1.)

Gary admits that this issue was decided at the construction permit stage. (Supplement, p. 5.) Gary identifies a number of

! factors which allegedly "make Bailly a uniquely poor site from N&

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an evacuation perspective . . ."; however, Gary also admits that "these factors did exist when the construction permit for Bailly was granted . . . ." (Supplement, p. 3.) Why then need the matter be relitigated now? Gary alleges that the "Well known" factors which make Bailly unevacuable "have acquired new significance in light of intervening events. " (Supplement, p. 3.) Those events are the accident at Three Mile Island, NRC adoption of new emergency planning regulations, and recognition that "a Class 9 accident could occur." (Supplement, pp. 3-5.)

Gary apparently admits that "the change in criteria for construction permits" would not itself justify granting a show cause order. (Supplement, p. 5.) It proposes the following standard by which to decide whether to initiate a Section 2.206 proceeding:

. . . reexamination of an issue decided at the construction permit stage is appropriate when an event which has intervened since the construction permit was granted makes such an examination necessary to' protect the public health and safety.

(Supplement, p. 5.)

NIPSCO submits that application of that standard to Gary's request will necessarily result in the decision not to initiate

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a Section 2.206 proceeding.- There can be no " nuclear accident"

• / It is unnecessary for present purposes to consider the validity of the standard stated by Gary and we express no view on that matter.

in connection with Bailly N-1 while the plant is under construc-tion. Therefore, no need for protective actions such as evacuation of surrounding populations can arise. It is consequently impossible to conclude that any deficiency in emergency planning now consti-tutes a threat to public health and safety.

As we have previously e.plained, the Commission has deter-mined the means by which approved, existing nuclear sites and facilities will be reviewed in light of changed requirements and the timing for establishing compliance with revised require-ments for emergency planning. (See Comments of the Northern Indiana Public Service Company on Requests for Action submitted to Mr. Denton on November 20, 1980.) Gary's arguments raise no doubt concerning the validity of that discussion.

We close with a reminder that Gary has long sought to force termination of the Bailly project although it was approved after a lengthy adjudicatory hearing and has withstood protracted judicial review. The current Supplement is just another in'a repetitious and endless stream of such efforts, all of which have been found to be without merit.

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Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hamm , Indiana 46 2 ,

By: fn

.1 lam H. Eidhhor F ~

Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W. >

Washington, D.C. 20036 l

l UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION I BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket No. 50-367

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NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) December 22, 1980 Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Additional Comments of Northern Indiana Public Service Company on Requests for Action Under 10 C.F.R. S 2.206 With Respect to Bailly Generating Station, 4 Nuclear 1 dated December 22, 1980, were served on the following I by deposit in the United States mail, postage prepaid, on this 22nd day of December, 1980:

John F. Ahearne, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Victor Gilinsky, Commissioner

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Albert Carnesale U.S. Nuclear Regulatory Commission ,

f Washington, D.C. 20555 I Peter Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

, Joseph M. Hendrie, Commissioner

( U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Harold R. Denton, Director Office of Nuclear Reactor Regulation j U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 .

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- I Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington , D.C. 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas S. Moore Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory C1 mission Washington, D.C. 20555 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 Washington, D.C. 20555 Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601

Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street 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 Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Diane B. Cohn, Esquire William B. Schultz, Esquire Suite 700 2000 P Street, NW Washington, D.C. 20036 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 Dr. George Schultz 807 East Coolspring Michigan City, Indiana 46360 12 / 0 WILLIAM H. ETCliHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company

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