ML20008G236

Response to Northern in Public Svc Co (NIPSCO) First Set of Interrogatories Re CP Extension.Good Cause Shown That NIPSCO & Contractors Contributed to Failure to Complete Const by 790901.W/Certificate of Svc.Related Correspondence

ML20008G236
Person / Time
Site:	Bailly
Issue date:	05/01/1981
From:	Fahner T, Marc-Anthony Murray, Rapkin A ILLINOIS, STATE OF
To:	ILLINOIS, STATE OF
References
NUDOCS 8107020511
Download: ML20008G236 (10)

Text

--

MCD ~~r2:57.m.- ,'

l_ ~~:

CNITED STATES OF AMGICA.

NUCLEAR EEGUWORY C1'HISSICN BEECRE TEE A'ICMIC SAFETY AND LINING BCAIO In the Matter of ) Docket No. 50-367

)

NORIHEFN INDIANA PGLIC ) (Ccnst.6 Pernit

• p/IC CG! PRE ) Extension) A

)

(Bailly Generating Station, )

D Nuclear-1) ) D@

2 4 hW5% ,.4 -

ANSWERS OF TEE PECPIE OF 'IFE STATE q.- @'t sectisif CF IIIINOIS IO NIPSCO'S 0 .

& St$a /g FIRST SET OF INTERPOGA'IORIES 1; Br&d

' ;G

'Ibe Pecole of the State of Illinois, through its attorney, Tyr r4 C. Fahrar, Attorney General, hereby answr NIPS &s First Set of Interrogatories.

Each answr is based upcn such infornaticn as is kncWn as of the date of service hereof and is subject to change as further or other informa-ticn beccces available thrcugh discovery or otMrsise.

As used herein, "AEC" means Atomic Energy Ccernssicn; "NPC" means Nuclear aegulatory Ccmnssion; " DOI" means Depart::ent of the Interior; and "ACS" means Mrisory Ccrr::ittee cn Beactor SafeguarJ.s.

l

! 1. (a) Illinois ccntends that the follcwing ecntributed to l

NIPSCD's failure to ecmplete a:nstructicn of Bailly by Septenter 1,1979:

i. the umduct of NIPSCD and its contractors; ii. the ecnduct of cppenents of the ccnstructicn of Bailly; iii. the cx:nduct of gover:nent agencies and officials; p$

iv. the cx:nduct of the Chited States Ccurt of Appek for the bi Seventh Circuit; \ \

v. the omduct of NIPSCO's cus*m; vi. the c::nduct of nenbers of the public. --

81070205//4 G .

-- ._. , , -. , ,y .

n.-- .---,-- -,-, -n- . , . , _ . . , . . , , _ , , , , , , . , , , . _ . ,

. i (b) (1) ta ccmduct of NIPSCD and its centracecrs centributed to tra failure to cocplete cx:nstruction of Bailly by Septecoer 1,1979 in at least the following resFJ: NIPSCO cnose to seek to build a nuclear powr plant at one of the worst sites ever ccmsidered for such a plant in this country.

NIPSCD failed to ccnstruct Bailly in accordance with the PSAR insofar as found-l l

aticn design and slurry wall are a:noerned. NIPSCD failed to subnit a PSAR l

which ccr:pletely and adequately dass had the foundatica plan or plans for a slurry wall. NIPSCD failed to design a workable and safe foundaticn plan for Bailly. NIPSCD underestimated the cost of building Bailly. NIPSCD cwresti-mated the need for the power to be generated by the Bailly facility. NIPSCD

\

entered into a centract with General Electric Cct:pany for a centainant strm-ture which cannot be safely operated. NIPSCD en*ared into a centract with DOI i

to seal the ash ponds. NIPSCD failed to find means to premt i:: pact en the Indiana Duras Naticnal Lakeshcre as the result of constructing Bailly. NIPSCD i

i failed te deselcp an adequate program for evacuating perscns in the vicinity of Bailly in the event of an accident. NIPSCO failed to do things which might haw been dcne to enable it to explete ccnsthen by Septecter 1,1979.

l NIPSCO engaged in no castructicn after Septaier 1977.

Se ccnduct of the oppcrants of the cTatrxticn of Bailly ccntributed to the failure to c::cplete cx:nstructicn of Bailly by SW M er 1,1979 in at least l

the follcring respects: tey engaged in litigaticn. tey obtained orders of

! the thited States Court of ea1= for the Seventh Circuit wh.ich interfered with crnstruction activity, tey may have caused gowtanental agencies to take longer to perform studies and reviews than such agencies would have taken in the absen of cppesiticn to Railly.

te conduct of govem.t agencies and officials crndt.ed to the failure to cer:plete c=nstruction of Baillv by Septml.ar 1,1979 in at least tra --

1 l

l l

s following respects: 2e AEC issued a construc"J.cn pennit en May 1,1979 for a nuclear power plant to be built at cra of the wrst sites ewr censidered for such a plant in this country. te NBC instructed NIPSCD not to engage in any ccostructicn after Septeuiar 1977. He NBC reviewd NIPSCO's shcrt pilings propesal. te NFC referred NIPSCD's shcrt pilings pIrposal to the ACRS ard the L-71 Corps of Engir.eers. Ce ACPS and the A'.ny Corps of Engineers locked at NIPSCD's short pilings prcposal. Se EDI has taken the official pcsiticn that Bailly shculd not be built at the site selec'ad by NIPSCD and approwd by tie AEC. We EDI entered into a ccntract with NIPSCO .Whg NIPSCD to seal the ash pcrds. t e EDI has made efforts and taken s+aps to fulfill i*a duty to protect the Irdiana Dunes Naticnal Lakeshcre frcm activities at the Bailly site. Ccngressmen haw made irquiries and expressicns of interest ard ccn-cern about Baill3 which may haw resulted in gowrr. ment agencies' perfonnirs studies and reviews and taking steps they might etParaise rot haw performed ard taken. Covernmental agencies ard officials resp <nded to the accident at

'Ihree Mile Island, thereby affecting the entire nuclear industry.

De ccrduct of the thited States Court of App =als for the Seventh Circuit centributed to the failure to ccnple*a Bailly by Sept.euiar 1,1979 in at least the follcwing respects: 2e Ccurt stayed cmstrx:ticn of 94'y perding review of the AEC's issuance of a ccnstr c*h pernit. 2 e Court set aside the A$C's decisien granting a ccnstrrticn Fernit for Bailly.

De ccrduct of NIPSCD's custcrnrs ccntributed to the failure to c:2rplete Sailly by Septe er 1,1979 in at least the follcuing respects: tey failed to create the need for power which nailly had predicted they muld c=eate. tey expressed cppositicn to the censtructicn of Bailly.

Be ccndx c of meters of he public centributtI to the failure

.u, , , - - -. ~.y--,ym

to cor:plete Bailly by September 1,1979 in at least the follesing .w:

tey cmated a political and emoticnal at=csphere of cp,cesiticn to cx:nstruc-tien of Bailly, particularly after the a cir* ant at 2.ree Mile Island.

(2) Id1 dec:rmnts which art contaired in IEC, NPC, and DOI files with respect to Bailly; all documents which are contaired in file no. 74-1741 in the United States Ccurt of Appa=1= for the Semnth Circuit; all gewrmental issuances, studies, and reports with respect to the am W nt at Three Mile Island and its afte:rath and significance; all dccats which have been fur-ni.= Pad by NIPSCD in discovery Perein.

(3) te State of Illinois cannot identify the lengtPs of delay nricusly attributable to the wasons identified abcve.

(4) Yes.

(5) Man =a good cause does not exist for extensicn of Bailly's constructicn permit, ncne of the reasons for the delay can ecntribute to such a conclusicn.

2. Yes.

Ra<i a : Lecause good cause does not exist for extension of Bailly's ccnstrrticn permit. the matter referred to cannot centribute to such a ccnclusicn.

3. (a) (1) te State of Illinois makes no ccntanticn ahcut whether NIPSC) shculd have ccrmenced remchilizaticn of its centractors prior to ccztpletien of judicial review of the issuanm of the etnstruct_icn per:ric f x Bailly.

(2) Not applica11e.

(b) (1) te State of Illmcis makes no cententien abcut the period of tine which shculd reascnably haw been required for recchilizaticn of NIPSC)'s crntractors after NIPSCO decided to proceed with cxnstruction follcwing cxmple-m --r -+- m- -w ,p ---e un-ew g--s --g y e--m-=--- --sny -m a- < - , ,,w--e,,- ,- we,, --,--m,,,,, w we - . - - -4,a- r,--,y-ww --

g - ,,-w -ye,- --mr

tion of judicial review of the issuance of the construc-J.cn pdt for Bailly.

(2) Not applicable.

(3) Yes.

Basis: Because good cause does rot exist for extensicn of Bailly's constmeticn pmtit, the matter referred to cannot centribute to such a cxxiclusicn. I t

(c) (1) The State of Illinois dces not kncw what period of delay is j attrHn.itable to the stay issmd by the thited States Ocurt of Apceals for the Sew. nth Citcuit.

(2) Not applicable.

(3) Yes.

1

. Basis: Because gocd cause does not exist for e.ca.nsim of Bailly's cmstructicn pemit, the matter referred to cannot ccntribute to such a conclusicn.

i 4. (a) Yes.

l (b) te State of Illinois does not know whether NIPSCD knew before issu-ance of the censtruction permit for Bailly thet a slurry wall cculd be built for Bailly. De Stace of I114mic .nakes no cententicn alrut whethr NIPSCD t

! shculd have kncwn before issuance of the ccnstrt.cticn permit for Bailly that l

a slurry wall could be built for Bailly.

(c) The State of im cis makes no cententicn atcut steps NIPSCD could haw taken prior to da issuance of Constructicn Permit No. CPPR-104 to learn

! of the concept of a slurry wall.

5. (a) (1) t e term "need to construct a slurry wall" refers to such need as was identified and acted axn by NIPSCD and the Atcmic E:wrgy Ccmissicn.

, , , , , , , , , - - , . , -n,- --, - - -,-- ,- - - , --.-

(2) te term "raed to c=nstruct a slu=y wall" refers to such raed as was identified and acted upcn by NIPSCO and the Atanic Erargy Ca:rissicn.

(3) Not applicable.

(b) (1) te State of Illinois does not kra whether the NPC .%M NIPSCD to ecnstruct the slurry wall after discxwering that NIPSCD's assessment of the envirrr. mental inpacts of dewatering was inadequate.

(2) te State of Illinois does not kncw @ather NIPSCO voluntarily constructed the slurry wall after discovering that its assess::ent of the envir-cnt: ental irpacts of dewatering was inadequzte.

(3) te State of Illinois dces not krm why NIPSCD ccnstructed the slurry wall.

(4) NI?SCD's assessment of the envircomental i:: pacts of dewaterity vas inadequate because it did net acrrectly identify the effects of construction dewatering on the Indiana Duras National Iakeshore and in particular cn the Chwles Bog Wetland Ctrplex.

(c) (1) te State of Illinois objects to this interrogatcrf b-9 i' is based cn an assu:ption that NIPSCD did not learn about em ccncept of a slurry wall before issuan of the constructicn perrit, and the State of Illinois dces not kncw *.en NIPSC learrad about r.he ccncept of a slurry wall.

(d) (1)- Be tern "rm sparf to reestsider its criginal design" refers to cLwnstancas identified ana acted upon by NIPSC and the Atanic Erargy Cat- l missicn.

(2) te tarm "rm ssarf to recensider its original design" refers to circunstan s it'a*4 #4ed and acted upcn by NIPSQ ard the Atcraic Energy Ctm-missiCn.

(3) Not applicable.

7 , __ .. - _ - .m-... - ,  %  % .wo-.. _-.4 ,, - __-. -_- , , .-- -

i

)

.. l l

(e) (1) 'Ihe State of IT14 mis does not knew whether the preposal to build the slurry wall was voluntary al NIPSCD's part.

(2) Not applicable.

(3) Not applicable.

(4) Yes.

Basis: Because good cause does not exist for extemien of Bailly's ccnstn:ction pennit, the matter referred to cannot cent _hta to such a conclusion.

6. (a) Yes.

Basis: Because good mm does not exist for extension of Bailly's cons +M-cn per: nit, the matter referred to cannet centribute to such a ccnclu-sicn.

(b) te State of Illinois objects to this interrogatory because it is vague as to the ti:ne period involved.

(c) At the present tim the State of Illinois has irsufficient krowledge to answer this interrogatory.

(d) The State of Illinois makes no contention about wPat NIPSCD sPould have submitted or was _W to stimit.

7. (a) Chder the circur: stances of this case, any extensien of the ccnstn:cd.cn permit for hilly is unreascnable.

(b) Under the circumstances of this case, any extension of the ccnstruction f

permit fcr Bailly is unreascnable.

(c) 'Ibe State of Illinois makes no ocntentien about the i .erage tim re- ,

quired for ccostructicn of a nuclear pcw.r plant, either ncw or in 1974.

(d) The State of Illinois does not centeed that a requested extensicn for 1 a period lenger than the constructicn WM scecified in the criginal ccnstruc:-

j s

)

.. 1 8- I I

tien pe_dt or longer than the actual period of delay is emw.able under all circumstances; the State of Illinois contends that e. der the ciremstances of this case, any extensicn of the axstructica pemit for Bailly in unreasen-able.

(e) No.

(2) Ltder the circunstan s of this case any extension is unrea-scnable and therefore thers is no r===able provision for ccntingencies.

(f) At the present tim the State of Illinois has insufficient :caledge to for:nulate a position cn the estimates of ccnstructicn time in the bar c: hart at*2+M to the letter of August 31, 1979 fran E.M. Sherb to Harold R. Denten.

PECPIE OF THE STA'IE OF III.rOIS TYFCNE C. FAENER Atto mey General State of Illinois

/ , \

BY:

R2E PAPKIN i

ANNE PAPKIN MARY JO MURPAY Assistant Attorneys General Envi m.a.tal Centrol Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312] 793-2491 AFFIPM CICN I, M2E PAPKIN, hervirf affir:n that I am an Assistant Attomey General in the Emrim".tal Ccntrol Division of the Office of the Illincis Attorney

- ., .---as y &.,- - wm. , ,.- e. ---,..,we-

-g-General; that the Illinois Attorray General represents Interwner People of l l'

the State of Illinois; that I have authority to suirit answers en be.h21f of the People of the State of Illinois to NIPS (D's First Set of Interrogatories; that I have read the foregoing Answers of the People of the State of T11i'ris to NIPSCD's First Set of Interrogatories and that they are true and correct to the best of my krmledge ard belief.

\ . , G r_ L/

~

ANNE BAPKIN 4

4

u: w.LCA'IE CF SERVICE I, ELAINE C. 'IHOMAS, having been swom and under oath, do state that I have this 1st day of May 1981, served the foregoing Answers Of The 4

People Of 'Ihe State Of Illinois 'Ib NIPSCD's First Set Of Interrogatories upcn the following persons, by placing sa m in envelopes addressed to said persons, by first class mail, postage prepaid, with tM thited States Postal Service leatM at 160 North r.m17e Street, Chicago, Illinois 60601.

Herbert Grossman, Esquim, Chair. nan William H. Eichhom A<iministratiw Judge Eichhorn, Eichhorn & Link ,

U.S. Nuclear Begulatory Carmissian 5243 Hohnan Avenue Washingtcn, D.C. 20555 Hartrand, Irdiara 46320 Dr. Itbert L. Holton Bobert J. Vollen, Esglire Administrative Judge c/o BPI School of Ocearkvat.hy 109 North Dearbom Street Oregon State thiversity Suite 1300 Corvallis, Oregon 97331 Chicago, Illinois 60602 Dr. J. Venn Ieeds Edward W. Osann, Jr., Esquire Admhtistrative Judge One IBM Plaza 10807 Atwell Suite 4600 Houstcn, Texas 77096 Chicago, Illinois 6C611 Docketing anc 3ervice Section Ibbert L. Graham, EsquLm Office of the Secretary One IBM Plaza U.S. Nuclear 1%gulatory Ccmnissicn 44th Floor Washingtcn, D.C. 20555 Chicago, Illinois 60611 Howard K. Shapar, Esquire Mr. Mike Olszarski Ezecctive Iagal Director Mr. Citfford Mezo U.S. Nnt-1m aegulatory Neiesien thited .'teeworkers of Amrica Washingtcm, D.C. 20555 3703 E*x lid Awnue Ecst Chicago, Irdiara 46312 Steven Goldberg, Esquire Office of the Executive Iagal Director Mr. G%rge Grab:wski U.S. Nuclear Regulatory Ccanissicn Ms. Anra Gracowski Washi p , D.C. 20555 7413 W. 136th Lane Ccdar Lake, Irdiara 46303 EIAINE C. 'IHCbSS SCBSCRIBED AND SWOIN 'IO BEFORE FE 'IHIS DAY CF ,1981. '

1 NCT R" PCBLIC

_- . . , - . - . - . . _ . - .---- - - . - .- - . - . - . . - . - . - - , _ . .