ML19350A152
| ML19350A152 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 02/09/1977 |
| From: | Rowden M NRC COMMISSION (OCM) |
| To: | Ruppe P HOUSE OF REP. |
| Shared Package | |
| ML19345B955 | List: |
| References | |
| NUDOCS 8012020834 | |
| Download: ML19350A152 (3) | |
Text
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The lionorable Philip E. Ruppe k
United States House of Representatives
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Dear Congressman Ruppe:
This is in reply to your letter expressing concern over the plans of the Northern Indiana public Service Company (NIPSCO) to construct a nuclear generating plant, to be known as Bailly Generating Station, Nuclear 1, en the shores of Lake Michigan immediately adjacent to the Indiana Dunes National Lakeshore.
In your letter, you expressed particular concern regarding the adequate protection of Cowles Bog, a. registered national i
landmark within the Lakeshore and very close to the proposed Bailly.
nucicar site.
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The issue of siting the Bailly nuclear plant on property cwned by NIPSCO (on which two coal fired electric generating plants are presently located) i adjacent to the Indiana Dunes National Lakeshore was a major one in the administrative proceeding on the NIPSCO application for a constructica permit conducted by an Atomic Safety and Licensing Board designated by our predecessor, the Atomic Energy Commission.
After censidering all the evidence of record offered by the parties in a public hearing, the Licensing Board issued an initial decision on April 5,1974 authorizing I
the issuance of a construction permit.
Soard took into account the potential impact of the proposed BaillyIn
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plant; it concluded there was no evidentiary basis in the extensive
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hearing record to sustain the position of some parties in the hearing j
that substantial environmental harm would occur to the Indiana Dunes National Lakeshore as a result of the construction and operation of the proposed Bailly nuclear pl t.
An important element of the siting issue, and one which elicited a I.
substantial acount of evidence during the course of the public hearing, p
was the impact of the proposed Bailly nuclear plant on Ccwles Bog, s
located approximately one mile from the proposed plant site in the k{
Indiana Dunes National Lakeshore.
Board concluded from the evidence before it that, while d2 waterin y'
the potential drawdown effects due to dewatering.would t
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would occur mainly within a radius of one-half mile from the proposed plant site.
found not likely to be affected. Areas outside of that radius, including Cowles Sog, w
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g The onorable Philip E. Puppe Oh l
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During its evaluaticn of the flIPSCO application, the regulatory staff of the former Atomic Energy Commission noted that, within a radius of one-half mile from the proposed plant site, the reduction of the water table 3
during construction may result in a minimal icwering of the water level
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in the interdunal ponds but, nevertheless, recommended that they be
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monitored by t;IPSCO so as to promptly detect any drawdwn occurring y
during construction.
Subsequently, NIPSCO proposed a ground water p-.
monitoring program.
The Licensing Board in its initial decision found I
the proposed program to be adequate to detect any efficts on the inter-dunal ponds of dewatering activities during construction and to mitigate L
such effects, if any, by the replacement of compatible water or recharging
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of ground water so as to prevent any significant adverse environmental
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impact to the Indiana Dunes National Lakeshore.
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Subsequent to the issuance of the construction permit to NIPSCO on May 1,1974, in accordance with the Licensing Board's initial decision, n
NIPSCO proposed the installation of a slurry wall around the perimeter l'
of the Bailly nuclear plant so as to reduce or eliminate the need for
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dewatering during construction.
Because of the significance of this proposal, the Commission directed a public hearing on the matter. The g
presiding board in that hearing, after considering the evidence presented (t
by the parties, authorized the use of the slurry wall by NIPSCO.
The board found that there was a high likelihood that the slurry wall would g.
substantially reduce or eliminate the need for dewatering during con-struction, thereby providing additional protection from the unlikely t[
possibility of adverse environmental impact offsite, particularly in the p
Indiana Dunes National Lakeshore, from dewatering during construction.
h The issues involved in the Bailly licensing action have received extensive U
and thorough consideration by the NRC and by the courts.
NIPSCO applied for the construction permit for this facility in August,1970.
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comprehensive staff review and prehearinn procedures, the application h
was the sub.iect of 65 days of public hearing. There was then an appeal
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within the Comission in phich the matters of concern to you were also carefully examined.
The record was reopened and both an additional hearing and an additional appeal were held, as has been described above.
At this point, when all parties to the licensing proceeding had had full opportunity'to be heard, the record on the Bailly construction permit application was closed.
The final Comission decision on the issuance of the construction permit was then reviewed by the United States Seventh Circuit Court of Appeals, then by the Suprece Court, and again by the Seventh Circuit.
The grant of the construction permit for the Sailly
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l nuclear plant was upheld.
In a licensing process which is of ten complex, l.
l, and certainly extended, sound public policy requires that there be a point when contested issues are properly cor.sidered to.be resolved.
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D The Honorable Philip E. Ruppe D D
i With respect to the future, you may be interested in the fact that the Corraission has recently received petitions from the Attorney General of the State of Illinois, the City of Gary, Indiana, the Lake Michigan Federation, and the group of organizations which were former parties in
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the Bailly construction permit proceeding, to reopen, the construction
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permit proceeding on a variety of grounds involving changed circumstances occurring since the issuance of the construction permit.
These petitions j.
are being considered in accordance with our established procedures, set forth in 10 CFR & 2.206 of the Corraission's Rules of Practice, and the
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NRC staff will respond to them.
If the Commission can provide any additional assistance to you, please do not hesitate to contact us.
Sincerely.
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Marcus A. Rowden Chairman n,
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REF:
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