ML19350E211

Answers to Util Second Set of Interrogatories Re Dewatering from Date Natural Water Table Was Exposed as Result of Const Activity.Certificate of Svc Encl.Related Correspondence

ML19350E211
Person / Time
Site:	Bailly
Issue date:	06/09/1981
From:	Rapkin A ILLINOIS, STATE OF
To:	NORTHERN INDIANA PUBLIC SERVICE CO.
References
NUDOCS 8106170167
Download: ML19350E211 (13)

Text

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NUCLEAR REGCLATRY C2@1ISSICN 3 ,[s[ . 'p

__. Ca k-BEEORE THE ATCMIC SAFErl AND LICE:: SING BOARD -

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\\ p i I' j In the Matter of Docket No. 50-367

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ANSWERS OF THE PEOPLE OF THE STATE EY'8%

OF IIII! DIS TD NIPSCD'S V SECDND SEI OF INN" DRIES c3 &

The People of the State of Illinois, through its attorray, Tyrene C. Fahner, Attorney General, hereby answer NIPSCD's Second Set of Interroga-l tories.

l Each answer is based upon such infor:naticn as is kncwn as of the

( date of service hereof and is subject to change as further or other infor:na-tien beames avn'bble throtsh discovery er otherwise.

As used herein, "AEC" neans Atmic Energy Ccan:Lssion; "mC" neans Nuclear Regulatory Cmmissien; "IDI" reans Departrent of the Interior; and MN

";cRS" neans ;dvisory C'armittee on Beactor Safeguards. f//

ADP:

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8. (a) Illinois cbjects to this Interrogatory en the ground that it is Loit 7p 8'"

vague, in that the phrase " extended Mcd of ecnstruction" is not defined. rash /p:

Tec 5;/45 (b) Illinois centends that for the period between May 1, 1974 and Sep-teelf 1979Fthe-Bailly site was dewatered centinuously frcm the date that the natural water table was exposed as the result of construction activity.

(c) Illinois objects to this Interrogatory en the ground that it is vague, in that the te :a " assessed" is not defined nor is it stated by whcm an 8106170 /lv 7 G

assessant was made.

(d) Inapplicable.

(e) The basis of Illinois' answer to Interrogatorf 8(b) is the cpinion of Barbart Pead.

9. (a) Illinois cbjects to 'Ais Interrogatorf on the ground that it is vague, in that the phrase "ex+andad paM of construction" is act defined.

(b) Illinois does not know.

(c) Illircis objects to this Interrogatorf en tne grounc thu. It is vague,in that the term " assessed" is not defined nor is it stated by whcm an assessment was made.

(d) Inapplicable.

(e) Inapplicable.

10. (a) Imnois cbjects to this Interrogatory on the ground that it is vague, in that it is not stated whose "envi.mtal assesment" is being re-

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ferred to.

I (b) Inapplicable.

(c) Inapplicable.

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11. (a) Inapplicable.

(b) Inapplicable.

(c) Inapplicable.

12. Inapplicable.

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13. Inapplicable.

14. (a) Illinois objects to this Interrogatorf en the grotmd that it is vague, l

in that the phrases "increnantal enyLm.tal i:: pact" and " extended period of cx21struction" are not dafinad. Furthernere, this Interrogatory is inapplicable because of Illinois' re&cas to Interrogatories 8(d) and 9(d) .

(b) Inapplicable.

15. Inapplicable.

16. Inapplicable.

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17. Inapplicable.

18. (a) Illinois cbjects to this Interrogatory cn the ground that it is vague, in that the phrase "eWandad pariod of ccnsteh" is not defined.

(b) Illinois objects to this Interrogatory en the ground that it is vague, in that the phrase "ex*andad padM of ccnstructicn" is not defined.

(c) I11innis objects to this Interrogatory an the ground that it is vague, in that the phrase " extended paHna of consteh" is not defined.

(d) I11%ois objects to this Interrogatory on the ground that i.t is vague, in that the -> " extended period of construction" is not defined.

(e) Inapplicable.

(f) Inapplicable.

19. (a) T11innic objects to this Interrogatory cn the ground that it is inccx:orehensible and cn the ground that it is vague, in that the phrases

" extra period of dewatering," "ex+anaad pericd of ccnstruction," and "incre-

rental envuu= ental igact" are not defined.

(b) Inapplicable.

, 20. (a) Illinois cbjects en the grotnd that the identity of rare species existing in the Indiana Dunes National Lakeshore is provided in literature

which is just as available to NIPSCO as it is to Illinois.

(b) Illinnia does not know.

(c) Literature inc1 Ming that listed in the Envimtal I@act State-mant for Sailly, Februar/ 1973, and the Final Panel Seport sulritted to tPA National Park Service, Noverser 26, 1980.

21. (a) All grotmd water and surface water in, under, and adjacent to tra TMiana Dunes National Iakeshcre.

(b) Illinois uses as a reference any change frcm what would occur in the absence of dewatering at the Bailly site ard seepace frcra NIPSC)'s ash ponds.

(c) i. Deficiencies of water aculd reduce tra water in tra Indiana Dmes National Lakeshore.

I ii. Surpluses of water would make tra Indiana Dunes Na-ticnal Iakesbare too wet.

i iii. C1anges in water charact. eristics may result in changes t

in growth rates and in the presence of different I

species of plants in the Indiana Dunes National Iake-shore.

( iv. C:anges in water flow direction may result in differ-ent water charactmstics and different water lewis.

v. Changes in water ficw rates may result in different water characteristics and different water levels.

vi. Changes in dilution may result in different water enaracteristics and different water levels.

(d) No ntmerical values were W #ied in the answer to Interrogatory 21(b); however, any ccnditiens other than those which would occur naturally will result in an aderse iw cn tra Irdiana Duras Naticnal Iakeshcre.

(e) No numerical values were spaci#iM in tra ans'er to Intet2wa terf 21(b); further::cre, T11inois objects tc this Interrogatory en the ground that it is vague, in that the phrase " extended period of amstructicn" is not defired.

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(f) Inapplicable.

(g) Herbert Read; Final Panel Beport sutznitted to the National Park Service, Novater 26, 1980; U.S.G.S. Reports78-138 and.80-1105; Env.trarmen-tal I:rpact Statement for Bailly, February 1973; record in the Bailly ccnstruc-tien permit pW4ng.  ;

(h) L*w answers to Interrogatories 21(b)-(h) are not based on calcu-lations.

22. (a) Icngwell, Flint & Sanders, Physical Geology.

(b) (1) This Interrogatory apparently requests a tere definite and par +4< ilar statement of (bntenticn 3E in Illinois' supplemntal-~petiticn, February 26, 1980. For the limited purpose of making Contention 3E mo's definite and particular, Illinois ansers: Yes.

(2) At the present time, Illinois does not know.

(3) At the present time, Illinois does not know.

(4) At the present tim, none other than .that idanti fied in answer to Interrogatory 22(a) .

(c) (1) 9 tis Interrogatory apparently requests a ::cre definite and par *3lar stateroent of C:ntenticn 3E in Illinois' supplemental petition, February 26, 1980. For the limited purpcse of making Contention 3E nere definite and particular, 7114 mis answers: Yes.

(2) Icngwell, Flint & Sanders, Physical Geology.

(3) At the present time, Illinois cannot specify such effects.

(4) InaEplicable.

(5) At tP.: present time, I114 mis cannot specify such effects.'

(6) M plicable.

(d) (1) Inapplicable.

(2) At the present tim, Illinois cannot spr.ify such sys-tems, stzwtures, or ww.5:nts.

(3) Inapplicable.

(e) (1) Inapplicabla.

(2) At the present time, Illinois cannot specify such sys-tems, structures, or e - :-ymts.

(3) Inapplicable.

(f) (1) 21s Interrogatory apparently requests a :: ore definite and paz+dcular statment of Cbntential 3E in Illinois' supplemental petition, February 26, 1980. For the limited purpose of making Contenticn 3E nere definite and parti.:ular, Illinois armers: Yes.

(2) Iongwell, Flint & Sanders, Pnysical Geolocy.

(3) At the present time, Illinois cannot speciff such effect.

(4) Inapplicable.

(g) (1) Inapplicable.

(2) At the present time, Illinois cannot speciff such strac-tures, systems, or 1_-. -x%ts, (3) Inapplicable.

(h) (1) Diis Interrogatory apparently reqmsts a acre definite and particular statement of Contention 3E in Illinois' supplemental petition, February 26, 1980. For the limited purpose of making Contentien 3E nore definite and particular, Illinois answers: Yes.

(2) Iangwell, Flint & Sanders, Physical Geology.

(3) At the present time, Illinois cannot specify such effects.

(4) Inapplicable.

(i) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable. _

(j) (1) Illinois objects to this Interrogatory cn ha ground that it is vague, in that the phrase " extended period of dewatering" is not defined.

(2) Inapplicable.

(3) Inapplicable.

(4) Inapplicable.

(k) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable.

l (4) Inapplicable.

(5) marlicable.

l (6) Inapplicable.

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! (1) (1) Inapplicable.

. (2) Inapplicable. -

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(3) Inapplicable.

l (m) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable.

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• . . It (n) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable.

(4) Inapplicable.

(c) (1) m=514c=hle. -

(2) Inapplicable. .

(3) Inapplicable.

(p) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable.

(4) Inapplicable.

(q) (1) Inapplicable.

(2) Inapplicable.

(3) Inapplicable.

23. (a) Illinois cbjects to thia Interrogatory en the ground that it is incx:ncrehensible.

(b) Inapplicable.

(c) Inapplicable.

! 24. (a) Illinois cbjects to this Interrogator / cn the ground that it is inccuprehensible.

(b) Inapplicabla.

(c) Inapplicable.

(d) Icad-hearing caracity and integrity of foundations are dependent upon the st m. of the strata underlying the soil. Ancng other things, groundwater supports part of the load of overlying materials. When ground-8-

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water is zer:oved frcm the aquifer, the aquifer is a:mpacted causing serious subsichace of the natariala above the aquifer.

(e) (1) Illinois objects to this Interrogatory en the ground that At is vague, in that it is not specified which Carmu.ssien regulations are being referred to.

(2) Inapplicable.

(3) Inapplicable.

(4) Inapplicable.

(f) 2.e effects of a core melt will be nore severe in ccnditicns of loutred water tables since the priwipal menas of stepping the core ::elt is througn cooling by groundwater.

(g) (1) This Interrogatory apparently requests a nore definite and particular statement of Centention 3E in T11inois' supplemental petition, Febru-ary 26, 1980. For the limited purpose of making Cententien 3E nere definite and particular,. Illinois answers: Yes.

(2) "Beactor Safety Study", WASH-1400, NIEEG 75-014, October 1975, and Apperdices.

25. (a) Choosing other to build a power plant.

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l Choosing what type of power plant to build.

l Crosing where to build a netaar power plant.

l Designing a workable and safe fourdation for Bailly.

Instn114rq a workable and safe fourdation for Bailly.

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Determuung the c=st of b'ilding a nuclear power plant.

l Determuung the cost of b'iidiaq Bailly.

Deter:mning the cost-effectiveness of b'41 ding Bailly.

Financing the cost of building Bailly.

Determining changes in the cost of buildirq Bailly.

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l Deter =ining the need for ;cwer.

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Date mining changes in the need for power.

Select 2ng a safe ocntairment st.e for Bailly.

Evaluating the 4==M of dewatering an the Indiana Dunes National Iakeshore.

Evaluating tPA inpact of dewatering cn the subsoil structure.

Implementing measures to counteract the inpact of dewatering on the Indiana Dunes Naticmal Lakeshore.

Choosing a w tant contractor.

Developing an adequate program for evacuating perscrs in the vicinity of Bailly in the event of an accident.

Evaluating generic safety problems associated with constructicn and operaticn of a nuclear power plant.

(b) (1) T11inois cannot specify the periods of delay variously associated with the particular tasks.

(2) At the present time, Illinois is aware of NIPSCD, Dames &

Moore, Sargent & Lundy, 'Ihatcher Engineering Corp. , C.F. Braun Co.

(3) At the present time, Illinois does not know.

(4) At the present time, Illirois does not krow.

(5) At the present time, Illinois does rot kncw.

(6) At the present time, Illinois does not know.

! (c) Inapplicable.

(d) (1) Illinois does not know whether tbare was a need to repeat acticos associated with the tasks listed in answer to Intew&f 25(a). ,

(2) Illinois does ret know *ather acticns associated with tra tasks listed in answer to Interrogatory 25(a) could have been peihmid nere quickly than they were performed.

26. (a) At the present time T114mia does not know which expezts it expects to call at the hearing.

(b) Inapplicable, e

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(c) Inapplicable.

(d) Inapplicable.

(e) Inapplicable.

27. (a) While the matter is not entirely free frcxn doubt, this Interrogator /

apparently requests the identity of: (1) ncnexper+a whan Illinois expects to call as witnesses at the haa+g, (2) all persons, expert and nonexpert, with whan 711%is has consulted, and (3) all persons, expert and ncnegart, with whczn Illinois expects to conedt.

With respect to (1), at the present tiIae Illinois does not know which witnesses it expects to call at the hearing. With respect to (2), Illinois has not consulted with any nonexperts other than attorneys involved in this pro-oseding. Furtherncre, under the NBC's Rules of Practice,10 C.F.R. Part 2, as well as under the rh Rules Of Civil Procedure cn which the NPC's Rules of Practice were patterned, Illinois objects that it is not required to furnish the identity of experts whczn it does not expect to call at the hearing. With re-spect to (3) , Illinois objects that a request for the identity of persons with whczn it expects to cansult is iupe because discovery may be had cnly of facts and certain opinions. Without waiving this objection, Illinois states that at the present tim it does not expect to censult with any particular nonexperts. Fur-thernere, under the NBC's Rules of Practice,10 C.F.R. Part 2, as well as under the Federal Rules Of Civil Procedure cn which the NBC's Rules of Practice were pa*amad, Illinois objects that it is not required to furnish the identity of l

experts whan it does not expect to call at the hearing.

(b) T11inois objects that under the NPC's Rules of Prac 4ce, 10 C.F.R. Part 2, as well as under the Federal Rules Of Civil Practice an which the NBC's Rules of Practice were patterned, it is not requ.tred to fumish tra

identity of experts nor the substance of facts han or opinions held by them when sudt experts are not expected to be called at tM hearig.

(c) Inapplicable.

28. At the present time Illinois does not know which documents it ex-

___- --- - - r pects to introduce into evidence at the hearinfoi = fa dpeachment or -

other cross-examiration purposes.

29. At the present time T111nois relies on no further docments other than those which are in the record of this prairig and r. hose which have already been identified in response to previous Interrogatories.

PEDPLE OF THE STNIE OF ILLHOIS TIIENE C. FAHNER Attorney General State of T11 % is

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2 BY- - b' ANNE PAPKD4 ANNE PAPKIN 1%RY JO MEPAY Assistant Attorneys General .

Envuonmental Cbntrol Division 188 West Pandolph Street Suite 2315 mic m , Illinois 60601

[312] 793-2491-M -

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AFFIR%TICN I, ANNE: RAPKIN, herby af#4 m that I am an Assistant Attorney General in the Envirmmental Q:ntrol Divisicn of the Of.i of the Illinois Attorney General; that the Illinois Attorney General represents Intervenor People of tne State of Illinois; that I have authority to subnit answers cn behalf of the People of the State of Tilincis to NIPSCD's W Set of Interrogatories; that I have read the foregoing Answers of the People of the State of Ill.inois to NIPSCO's Secmd Set of Interrogatories and that they are true and correct to the best of my knowledge and belief.

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/ ANNE: RAPKIN I

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u:.xnnCTIE OF SERVICS I, ELAINE C. 'IHCtGS, having been smrn and t= der oath, do state that I have this 9th day of Jtme 1981, served the foregoing Ansers Of te PeCP l e.Of 2e,S. tate Of Illinois 'Ib NIPS (D's Sec21d Set Of Interrogatories upcn'the followin~g perscns, by placing same in envelopes addressed to said persons, by first class nail, postage prepaid, with t!a LMited States Postal Service Iccated at 160 North LaSa]1e Street, Chicago, Illinois 60601.

Herbert Grossman, Esquim, Chairnan William H. Eichhorn Admin.istratiw Judge Eichhom, Eichhorn & Link U.S. Nnciaar Begulatory Ct:mnission 5243 Echrtan Avenue Washingten, D.C. 20555 Harmend, Indiana 46320 Dr. Pebert L. Holten acbert J. Vollen, Esquim Mminiatratim Judge c/o BPI School of Oceanography 109 North Dearborn Street Oregen State Lhiversity Suite 1300 Corvallis, Oregon 97331 Chicago, Illinois 60602 Dr. J. Venn Iceds Edward W. Osann, Jr. , Esquire Mminiatratiw Judge One IM Plaza 10807 Atwell Suite 4600 5

Houston, Texas 77096 Clicago, Illirois 60611 Dodceting and Service Secticn Pebert L. Graham, Esquire Office of the Secretary One IBM Plaza l

U.S. Nnclaar Iugulatory Camtission 44th Floor l Washington, D.C. 20555 C11cago, Illinois 60611 l

l Ecward K. Shapar, Esquire Mr. Mike Olszanski i Executive Iagal Director Mr. Clifford Mezo UA :,uclear Begulatory Ccmnissicn Chited Steelerkers of Icerica Washingtcn, D.C. 20555 3703 Euclid Avenue East Chicago, Indiana 46312 Steven Goldberg, Esquire Office of the Executive Iagal Di.W. Mr. George Grabowski U.S. Nnclear Begulatory Ccmnissicn Ms. Anna Grabowski l

Washington, D.C. 20555 7413 W. 136th Iane Cedar Iake, Indiana 46303

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ELAINE C. 'LTJ1AS SCBSCRIBED AND SWORN 'IO BEEOPE MS 'IHIS / .' ' CAY _

CF - ,1981.

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,. NOTARY PUBLIC

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