ML20003A449

Requests Opportunity to Present Documentary Evidence If Public Hearing on Facility Held.Util & Nuclear Contractor Relationship Should Be Thoroughly Investigated.Certificate of Svc Encl

ML20003A449
Person / Time
Site:	Bailly
Issue date:	01/21/1981
From:	Crumpacker O AFFILIATION NOT ASSIGNED
To:	Ahearne J NRC COMMISSION (OCM)
References
NUDOCS 8102040002
Download: ML20003A449 (8)

Text

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OWEN W. CRUM PACKER & ASSOCIATES SSSSMOMMAN Av C N u t lf//c !Tc ". ~l'!!.' "."e l 'i.' ' 'Il. .

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> mon D, IN DI AN A 46324 tcLepwone wtstmonc a-osas January 21, le.81 y

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Mr. John F. Ahearne r.,

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• Nuclear Regulatory Commission D.) # ' S"' '>y *r / s Washington, D.C. 20555 .

Q Daar Mr. Ahearne:

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My attention has been called to the enclosed article appearing in the Saturday, January 17, 1981 edition of the Chicago Sun Times.

l i My wife, Mary Eleanor M. Crumpacker, 17 Glendale Park, Hammond, and I are the owners in fee simple of an 80 acre rectangular tract of lanc lying in the Town of Dune Acres, West Chester Township, Porter County, Indiana.

occupied by Thethe tract is immediately Bailly fossil fueladjacent to the NIPSCO tract nuclear plant. plant and the proposed Bailly l

' My grandfath'er and great uncles owned, at one time,.2,000 acres of Dune land on Lake Michigan in N orthern Porter County.

Duri

.g World War II, l

Commanding Officer, Manhattan Engineer District,I Oakserved Ridge,as legal officer to C Tennessee.

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! As attorney for the New York Central Rail Road I acted as a purchasing l agent along with Henry Coffman or the industrial development department l of the by rail road inSteel the Bethlehem assembling Company. the Burns Harbor tract presently occupied 52 separate tracts. My wife and I purchased as agents, After clearing the titles, we convey,ed the lands to the FarmersState Bank of Valparaiso as trustee. I participated in transactions with the NIPSCO and others in exchanging various tracts of land for the proposed industrial development.

Through my participation in various condemnation cases wherein I have l represented Indiana State the land owners Highway Commission against the Indiana Port Commission, i

United States of America (Indiana (Tederal Bureau of Roads), and the Dunes National Lake Shore), I believe that I have developed a complete familiarity with the problems t

confronting the Nuclear Regulatory Commission.

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!' < OwEN W. CRUMPACKER Page,2 Mr. John F. Ahearne January 21, 1981 1

I am in thorough accord with the views expressed by James G. Keppler as summarized in the news item by Bruce Ingersoll.

If and in the event there is a public hearing, I would appreciate the opportunity of being present for the purpose of presenting l

documentary evidence.

It is extremely important to the health and welfare of the citizens

and residents of Northern Indiana and Chicago, Illinois that the relationship between NIPSCO's officerc, purchasing agents, and attorneys forDedelow, Inc., its primary nuclear contract, be l thoroughly investigated by the proper governmental agency, including

the Nuclear Regulatory Commission.

I am awaiting your further word in the matter.

Very truly yours, h

Owen W. Crumpacker OWC:jl , ,

cc: Hon. Richard G. Lugar, U.S. Senator from Ind.

Hon. Dan Quayle, U.S. Senator from Ind.

Hon. William Roth, Chairman, Permanent Sub Committee on Investigations, Governmental Affairs ,

Secretary of the Interior y BruceIngersoll,ChicagoSunTimesf.onalOffice James G. Keppler, Director NRC Reg f

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00CKET NU!CER PRO D. & UTIL FAC.. . . . .....

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OwEN W. CRU M PACKER & ASSOCI ATES en s no--.~ ave nue C 'c'o". .*,*[."['c*.'w'.".S'e'. 'c".' *,'.*[. . . . . , H AM M oN D,1N oI AN A 46324 owtw w c.wwp* Cat" TC6t**04t WCSfwo.t3-0 35 January 21, 1981 g/ .,

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James G. Watts, Esq. '

f* U D. . ggI.Ak Q Secretary of the Interior

i. h' O D C Street B: tween 18th and 19th Streets Washington, D.C. 20240

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Daar Secretary Watts:

Lot me congratulate you upon your appointment and confirmation as Secretary of the Interior.

By way '.f background information, I graduated from the University of Colorado. Law School and have spent many pleasant days in Aspen, Pitkin County. In 1968 my wife and purchased a 6-1/2 acre lot in the Starwood Subdivision and built a home. For a number of years Rev Fox lived near to us. We spent a great deal of time on the slopes in the winter and fishing in the summer.

Although I was born and raised in Lake County, Indiana, and took a major part in assembling the industrial tract at Burns Harbor, I am an environmentalist at heart. In 1916, my grandfather and great uncles t owned 2,000 acres bordering on Lake Michigan in Northern Porter County.

l They wer,e unsuccessful in their efforts to have the Secretary of Interior

j. convert the lands into a National Park. The late Senator Douglas from i Illinois and the late Mayor Daley of Chicago put through the Indiana National Lake Shore bill on November 1, 1966 for the purpose of halting the rapid development of the steel industry in Northern Indiana. A substantial amount of industrial property occupied by the Wisconsin Steel, Carnegie-Illinois steel works, and the Republic Steel plant might have beentaken off the tax duplicates in Cook County if they built modern, integrated steel mills in Northern Indiana. (Experts have testified in condemnation cases that the Burns Harbor area was the only location in the Middle West for the growth of our vital steel industry).

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OwEN W. CRUMPACKER '

James G. Watts, Esq.

Page 2 January 21, 1981 Be that as it may, it will be utter fally to permit the Northern Indiana Public Service Company to proceed ~with the construction of the Bailly A-Plant at this stage of the game. The truth of the matter is that their officers and attorneys copped out so to speak.

To permit an incompetent public utility to install and operate an atomic energy power plant at the present location wil1 put the citizens and residents of Northern Indiana and Chicago in constant fear -- and justifiably so.

If the NIPSCO desires to build a nuclear plant, they can~ follow the example of the American Electric Power Company at the Cook plant further up the shore on Lake Michigan. New management might be able to comply with the safety regulations established by the Nuclear Regulatory Commission.

I am enclosing for your information a copy of my letter to Chairman John Ahaarne and a news item appearing in the Chicago Sun Times under date of Saturday, January 17, 1981.

Very truly Sours, Q,. 24l -

Owen W. Crumpidker OWC:jl I

cc: Mrs. William B. Hall Amy Knight l John Ahearne, Chairman, Nuclear Regulatory Commission Hon., Richard G. Lugar, U.S. Senator from Ind.

Hon. Dan Quayle, U.S. Senator from Ind.

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Sun-Times Chicago. Saturday, January 17, 1981

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1 Scuttle the Bailly A-platil5, NRC Midwest chief urges! dedsson to halt the Bailly proket would be a sranJ By Bruce Ingersoll flannetal setback. It !s only I percent complete-g ,. g, nothing more thap a large boie la tlie ground-but the WASHINGTON-The highest ranking Nuclear Resu- tempany already has spent tnere than 3188 mil 5cn on. ,

latory Commission official in the Midwest has notified (osineering, excavating, eqelpment ri h and lessi

• his superiors that he favors scuttling the $1 billion *Res. Major pieces of reactor hardware are settlag in a 2*

Bailly nuclear power project near Gary. waterfront warehouse at Burns Harbor, Ind. .

In an extraordinary Jan. 8 letter, James G. Keppler. During the serial surveys of Bailly, Keppler and his director of the NRC regional office in west aburban aides also informed the commdssioners of their concerns Glen Ellyn, declared his personal conviction that the about the age of the Bailly reactofs design and the ...

Bailly nuclear reactor site on 1.ske Mich!gan is simply likellbood that it would have to be modified significant #

too close to Chicago, ty at considerable cost..

Kepplefs concerns about Bality, moreover, are shared They also expressedW ts whether NIPSCO has by his deputy, Bert Davis, and William Axelson, an enough "over-all competen:e" to meet the. NRC's emergency planning specialist, according to the letter, a current standards for building.and operating a reactor.

copy of which was obtained by the Sun Times Friday. " Collectively, all the concema.resulted in our viewJ They first voiced their misgivings to NRC Chairman that the [Bailly) project should not. continue,""

Keppler-John F. Ahearne last Oct.10 on a helicopter flight over wrote to Sniezek.

the controversial site and then repeated them to Comr. Kepplefs letter is unpiKeta.ted. Reglocal,NRC Victor Galinsky on another flight Dec.12. officials of his rank are known to confide their-

"We expressed our view that . . . we did not believe misgivings orally to higher-ups, but Keppler put his tai i; was appropriate with today's public and political writing because, as he put it, of "the uniqueness w- of the..

• attitudes to build a new plant this close to a ma}or issues surrounding Baf!!y."

city," Keppler reported in his letter to James M. From the company's standpoint, it could nonisve Sniezek. director of reactor inspection in Washington. happened at a. worse time. NIPSCOTurn has to asked PageJSthe For Northern Indiana Public Service Co., an NRC. ep l

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Scuttling '

of~Bailly,

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A-plant

• js urged Continued from Page 2 commission to renew its construction permit, which expired last year An anti Bailly alli-ance, led by CNeago's Business and Profee-i stonal People for the Public Interest, has been l

latens!fying pressure on the commienfon.

Only last week the Critica! Maas Energy Project, a Washington. based group affli.'ated with consumer advocate Ralph Nader, d'e closed that the Bailly site did not meet any of the population-density criteria recommended by the NRC's sit!ng policy task force and that it was too close to several ell tanks and natural gas pipelines.

In his letter. Keppler acknowledged that seven! nuclear reattors are operating in areas perr fnore densely populated than Chicago.

Gary. These include Commonwealth Edison's I

' ion units I and 2 in north suberban Zion and Consolidated Edison's Indian Point units 1,2 '

and 3 north of New York City. But Keppler emphasized that he and his aides were not recommending their shutdown.

Implicit in his remarks was the message that the NRC and the nuclear industry must take a fresh look at the question of reactor siting. After the close call at Three Mile Island, the public is demanding a more strin-gent approach. "

Noting that little work has been done on Bailly, Keppler urged tN NRC to broeden its assessment of the Indi.na cc:rpany's bid for permit renewk! and consider these issues:

• Tne n'

• for modifying the Genera! Electric-desigma reactor.

• The need for impftriing the company's qua!-

ity control program.

• The company's shortage of " people with nuclear experience." *

"We believe the over.a!! competence of the ut!!!ty to construct and operate the facility may not the match the standards which the NRC staff would expect if a utility were submitting a new applicatic 1 today," Keppler wrote.

_ In another development, the NRC set dead-lines for 14 major utilities to complete modiff.

cations on 22 reactors now in operation.

The commission ordered the work in 1975 after General Electric discovered so-called suppression pools beneath the reactors needed upgrading to meet design standards. These i pools are designed to absorb steam in the event of a loss of cooling water.

Commonwealth Edison has until July,1982.'

to finish the work on Quad Cities unit 2 and Dresden unit 3: until December,1982, on Quad Citics unit 1 and until January,1983, ,'

on Dresden unit 2. The entire cost will be 381 million, said Edison spokesman Linda Scott.

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CERTIFICATE OF SEFIICE I hereby certify that each persen designatedI en have thethis day o*.*<e-..,e served the foregoing docune"* s) se ... - upon u

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o. t,e Secretarv Iequirements of the of'Section 2.712 Co-*ssio-of .IO ? <ar kl 2 4

.iuc. ear Regulatory Cc=nission's Rules and Regulations.

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• o ' "5 Dated at '4ashington, D.C. this day of c b' 193

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Office /of he Secretiry of the Consfission

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UNITEL STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter cf )

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NORTEERN INDIANA PUBLIC SERVICE ) Dceket No. (s) 50-367 COMPANY )

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(Bailly Generating Station, Unit 19)

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SERVICE LIST Herbert Grossman, Esc., Chair =an Jack R. Newman, E s c, .

Atonic Safety and Licensing Board Nevran, Reis, Anelrad & Toll U.S. Nuclear Regulatory Comnission 1925 Connecticut Avenue, N.W.

Washington, D.C. 20555 Washington, D.C. 20036 Dr. Richard F. Cole Mr. John van Vranhen, Chief Ato ic Safety and Licensing Board Environmental Control Division U.S. Nuclear Regulatory Commission Northern Region Washington, D.C. 20555 188 West Randolph Street, Suite 2315 Chicago, Illinois 60601 Mr. Glenn O. Eri E ht Atonic Safety and Licensing Board Mr. Mike Olszanski, Chairman U.S. Nuclear Regulatory Comnission Environmental Comnittee Local 1910 Washincton, D.C. 20555 United Stec1rorkers of Anerica 3703 Euclid Avenue Counsel for N2C Staff East Chicago, Indiana 46312 Office of the Executive Legal Director U.S. Nuclear Rerulatory Comnission Eduard W. Osann, Jr., Esc.

Uashington, D.C. 20555 One ID" Plaza, Suite 4600 Northern Indiana Public Service Co.

ATTN: Mr. H.P. Lyle Robert J. Vollen, Esc.

Vice President - Electric e/o 3pI -

Pro (.uction & Eng i r. c e r in t 109 North Dearborn Street 5I65 Echmaa Avenue Suite 1301 Harrond, Indiana 46325 Chicaro, Illinois 60612 Uillian H. Eichhorn, Esq. Robert L. Grahar, E s c. . _

Eichhorn, Eichhorn and Link One IBM Pla::a , 44th Floor 52t3 nohnan Avenue Chicaro, Illinois 60611 dannond, Indiana 46325

__Ecard and parties -

continued 50-367 Richar'd L. Robbins, Esq.

Lake Michigan Federation 53 West Jackson Soulevard Chicago, Illinois 60604 Diane 3. Cohn, Esq.

Willia = E. Schultz, E s. c .

2000 P Street, N,W., Suite 700 Washington, D.C. 20036 Stephen Laudig, Esq.

21010 Cu=berland Road Noblesville, Indiana 46060 Kevin P. Gallen, Esq.

George L. Edgar, Esq.

.trgan, Lewis 6 Bockius 1800 M Street, N.W. , Suite 700 Washington, D.C. 20036

r. 5 "rs. George Grabowski 7 413 t'e s t 136th Lane Cedar Lake, Indiana 46303 Susan Sekuler, Esq.

Assistant Attornc, General 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Edward A. Firesteone, Esq.

General Electric Company 175 Curtner Avenue - M/C 823 San Jose, California 95125