ML20003J313

Local 1010 Response to Util First Set of Interrogatories Re Dewatering & Ecology of Dunes Wetlands & Adjoining Areas. Certificate of Svc Encl.Related Correspondence

ML20003J313
Person / Time
Site:	Bailly
Issue date:	04/29/1981
From:	Olszanski M UNITED STEELWORKERS OF AMERICA
To:	NORTHERN INDIANA PUBLIC SERVICE CO.
References
NUDOCS 8105110249
Download: ML20003J313 (6)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t' MAY 11981

• 3 0% eMhe secretary i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD q cc:ue: & service f Eranch In the Matter of ) Docket No. 50-367 U p

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• NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) .

Extension)

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Dated:- , April 29,7 19 d. Q ,f .

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g t' m m .. d a UNITED STEELWORKERS OF AMERICA, LOCAL 1010'S O ,f;(Q$1931 %

RESPONSE TO NORTHERN INDIANA PUBLIC SERVICE - , . ,wc4(.s COMPANY'S FIRST SET OF INTERROGATORIES =~*m ca '

UnitedSteelworkersofAmerica, Local 1010isnotrepresenteh in this matter by legal counsel, nor is it certain at this time whether or not legal counsel will be retained. Under the Constitution and By-Laws of the Organization, such decisioni must be gpproved by The Executive Board and membership of the Organization.

In spite of the difficulties implicit'in this situation, Local 1010 fully intends to maintain its status in the above captioned case,

, and'will endeavor, through its officers, to support to the best of

'" our ability our contention 10.B., the only contention still recognized

'and admitted by the Board.

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In no way does Local 1010 relinquish its right to represent the interests of our 18,000 members.in the matter of NIPSCO's request for a construction permit extension, nor do we intend to do so.

In no way does Local 1010 recognize the mors1, ethical or legal right of the Board to exclude from consideration the very real threat to the health, safety, lives, jobs, economic, social and psychological well-being of our members posed by further construction of Bailly I.

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There is not, nor can there ever be, any legal excuse for the NRC's or the Board's failure to do all in its power to fulfill its primary responsibility to protect the public, and nothing in this response should in any way be construed as concurrence by Local 1010 with such past, present or future moral, ethical or legal failures on the part of the Board or any of the other parties.

Our concern is for the total welfare of our 18,000 members, most of whom live, work and recreate near the Indiana Dunes National Lake-shore and the site of Bailly I.

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2-While our urgent priorities as expressed in contentions rejected (for unknown, and to us, unconscionable reasons) by the Board are for the immediate safety, health and economic welfare of our members, we also place a high priority upon the need for our members to enjoy the natural environment of the Dunes National Lakeshore and maintain firmly our contention that construction of Bailly I will seriously and irreparably damage the Dunes.

Fellowing is our attempt, given limited time and facilities I- -

presently available to us, to answer NIPSCO's Interrogatories.-

G LOCAL 1010'S ANSWERS TO

'. NIPSCO' S INTERROGATORIES .u c.

I.

1. Local 1010 contends that dewatering conducted since 1974 has had a negative effect on the Lakeshore. [ [

2. Dewatering, through lowering of the water table and consequent changes in average soil moisture content affects many species of plant, animal and marine life, and subtle changes in the total

~r ecology of the Dunes, especially wetlands can already be noted by observation.

3. While it is impossible (for us) to predict future effects with a high degree of accuracy, it should be obvious that an extended period of dewatering will irreversibly change the kind of animal, plant and marine life, and consequently the total ecolo-gical system of the Dunes.

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4. .The geographic area in question is the Dunes National Lakeshore and adjoining natural areas.

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! 5. We are unable to speculate with any accuracy as to how long dewatering will take to ruin the ecology of' the Dunes wetlands or adjoining areas.

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6. Our belief is that effects will be permanent unless i

some future science can find a way to bring back species in danger of being wiped out through drying due to dewatering or the loss of species indirectly affected by such loss of moisture.

3-I. Continued

. 7. Local 1010's 18,000 members have no other natural area with features remotely resembling those of the Dunes locally available to them. The uniqueness of the flora, fauna. and total environment of the Dunes is, according to reports, unmatched anywhere .-

else in the country. After long hours Vf work in - -- -

heavy industry, the soothing effect of-the Dunes - --

on a steelworker are something difficult to quantify , -,

but I can testify from personal experience that ._,-

' workers too, greatly enjoy and benefit from and would .

suffer great emotional and psychological harm from the ""

loss of such a beautiful environment.

. 8. No studies have thus far been undertaken.

9. No studies are yet available to us.

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II.

1. No expert witnesses are at this time available to us.

2. See 1. above.

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3. See 1. above.

4. See 1. above.

5. See 1. above.

III.

1. Local 1010 has at this time not compiled a list of which of our 18,000 members regularly visit and could comment on effects to the Dunes. It is expected at this point that officers of the Local will be available as witnesses, including Cliff Mezo, Line Cohen, Rudy Schneider, Joe Frantz, and Mike 01szanski.

2. No formal consultations have been made; however, the above-named officers are able to state their experiences relative to the Dunes.

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4 .O I 4-III. Continued

3. Local 1010 does not expect at this time to call witnesses and does not have in its possession at this time documents relative to such testimony.

IV. Local 1010 does not have any such documents,in its ' possession li .

at this time. __ .

It is not inconceivable to Local 1010 that several hundred or "

-' even more of our members might want to be present to indicate to the

_ Board what the ecology of the Dunes means to steelworkers. It is

.. not, however, contemplated at this time by Local 1010 to call any number of witnesses. It would seem that the NIPSCO attorneys might be willing to stipulate for the record that Steelworkers do use and greatly value the Dunes and would suffer greatly from its loss, alteration, or defoliation. / /

It might, indeed, prove difficult if not impossible to keep that many steelworkers from discussing " forbidden" topics such as the economic, health, safety and environmental impacts upon their lives of Bailly I.

LL Respectfully submitted, LOCAL 1010, USWA 3703 Euc id Avenue East Ch*cago, I' 6312 By l

' Mike Ols:ans ', Chair Environment Committee Ao 0

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CoaaESPO.yD n c3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367

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NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) .

Extension)

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April 29r 1931.

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(Bailly Generating Station, ) .

Nuclear-I) ) .. _

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CERTIFICATE OF SERVICE

_a I hereby certify that copies of United Steelworkers of America, Local 1010's Response to NIPSCO's First Set of Interrogatories were served on the following by deposit in the United States mail, postage prepaid, on this 29th day of April, 1981:

I I Herbert Gressinan, fisquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commissian Washington, D.C. 20555 e r-. Dr. Robert L. Holton /'

Administrative Judge <

School of Oceanography DasrmD Oregon State University -

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Corvallis, Oregon 97331 g)y 1 19 0 ,

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Dr. J. Venn Leeds DN'f'.

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Administrative Judge 4 t -

10807 Atwell .

Houston, Texas 77096

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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 Stever C. Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 9

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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 -

f Edward W. Osann, Jr., Esquire -L One IBM Plaza E'

Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor / [

{hitsgo, I114T1013 40611 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane

. Cedar Lake, Indiana 46303 -

William H. Eichhorn Eichhorn, Eichhorn 6 Link 5243 Hohman Avenue Hammond, Indiana 46320 R/ M S. Michael Ols:anski Local 1010 United Steelworkers of America 3703 Euclid Avenue East Chicago, IN 46312 Chair, Environmental Committee i

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