ML20010C503

Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear

ML20010C503
Person / Time
Site:	Bailly
Issue date:	08/14/1981
From:	Rapkin A ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010C493	List: ML20010C492 ML20010C497 ML20010C500 ML20010C503 ML20010C507 ML20010C511
References
NUDOCS 8108200145
Download: ML20010C503 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction (Bailly Generating ) Permit Extension)

Station, Nuclear-1) )

STATE OF ILLINOIS' SECOND APPLICATION PURSUANT TO 10 C.F.R. S2. 720 (h) (2) (i)

People of the State of Illinois by Tyrone C. Fahner, Attorney General, State of Illinois, hereby applies to the Board pursuant to 10 C.F.R. S2. 720 (h) (2) (1) for an order requiring the attendance and testimony at their depositions of L.M. Bykoski and L.G. Hulman in accordance with the State of Illinois' Notice of Deposition of L.M. Bykoski and L.G. Hulman being filed simultaneously with this application.

According to the July 17, 1981 Staff documents, Mr. Hulman and Mr. Lykoski contributed to the. preparation of the Environmental Impact Appraisal ( " EI A" ) which discussed, among other things, the U.S.G.S. studies and the adequacy of NIPSCO'r nonitoring and mitiga-tion program. The potential for groundwater drawdown in the Indiana Dunes National Lakeshore and the adequacy of NIPSCO's program for preventing or mitigating such drawdown are central questions in this proceeding, and the Staff's view on these issues will, of l 1

course, bear significantly on its outcome.

Mr. Lynch, whom the Staff , sill produce for a deposition in mid -August , is not a specialist in the subject areas involved in the dewatering issue, viz., hydrogeolegy and stratigraphy. Because 8108200145 010811 PDR ADOCK 050003o7 O PDR

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, individuals with expertise in these areas must have contributed to the EIA, Illinois assumes that Mr. Hulman and Mr. Bykoski are the persons with such expertise. Their~ testimony will therefore be e.ssential for preparation of Illinois' case with respect to the dewatering issue.

Illinois also-notes that, under the Board's August 3 order, revised contentions on the need for an Environmental Impact Statement ("EIS") must be filed on August 28, 1981. In order to prepare these revised contentions, Illinois needs to understand in detail the scientific basis for the Staff's conclusion that a new or supplemental EIS is not needed.

For the foregoing reasons, a finding of exceptional circumstances under 10 C.F.R. S2.720 (h) (2) (i) should be made, and Mr. Bykoski and Mr. Hulman should be required to' appear for their depositions.

Respectfully submitted, TYRONE C. FAHNER Attorney General

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State o llinois BY: - /

AN E RAPKIN

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OF COUNSEL:

ANNE RAPKIN MARY JO MURRAY Assistant Attorneys General Environmental Control Division 188 West Randolph Street -

Suite 2315 Chicago, Illinois 60601 (312) 793-2491 DATED: . August 11, 1981