ML20011A239

Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl

ML20011A239
Person / Time
Site:	Bailly
Issue date:	10/01/1981
From:	Vollen R, Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8110080355
Download: ML20011A239 (5)

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UNITED STATES OF AMERICA &

NUCLEAR REGULATORY COMMISSION -

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARE M8f In the Matter of )

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)  % m NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Bailly Generati'ng Station, ) Extension)

Nuclear-1) )

' PORTER COUNTY CHAPTER INTERVENORS' MOTION CONCERNING EXCAVATION Porter County Chapter Intervenors ("PCCI"), by their attorneys, hereby move the Board to enter an Order directing that NIPSCO submit to the Board its plans concerning the excavation at the Bailly site.

• 1he construction permit for the Bailly plant was issued on May 1, 1974 and shortly thereaf ter the site was :avated to the level of the underlying ground water. Since then, dewatering of i

the site has occurred either through the existence of the excavation or through pumping. PCCI's position throughout all proceedings involving Bailly has been, and continues to be, that l the existence of the open excavation itself, at an elevation

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below that of the natural level of the groundwater, results in dowatering which threatens the adjacent Indiana Dunes National Lakesh ore . *'

In "PCCI's Response to N1PSCO's Motion to Terminate Proceeding", filed September 10, 1981, PCCI stated that their counsel were hopeful of reaching agreement with NIPSCO on ,,the issue of what is to be done with the Bailly excavation. While counsel for NIPSCC has lot yet stated NIPSCO's pohition on the matter, counsel for PCCI retain hope for agreement.

• • The staff has also indicated similar concern about the impacts on the Lakeshore from NIPSCO's construction activities.

Sc. "NRC Staff's Response to Northern Indiana Public Service Company's Motion to Terminate Proceeding" filed September 15, 1981, at pp. 2,3.

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Inasmuch as NIPSCO has now cancelled all plans to build the Bailly plant, there remains no reason to risk harm to the Lakeshore by reason of the existence of the excavation. PCCI e

submit that the excavation should be filled with material ecmparable to that which was removed f rom the excavation, in order to preclude the possibility of harm to the National Lakeshore due to the effect of the excavation. See 10 CFR

{2.107(a); Toledo Edison Company (Davis-Besse Nuclear Power Station, Units 2 & 3), ALAB-652 (September 3, 1981); Toledo Edison Company (Davis-Besse Nuclear Power Station, Units 2 & 3),

ALAB-622, 12 NRC 677 (1980).

?CCI propose the following procedure:

• The Board should order NIPSCO to submit its plan for filling the excavation.

After submittal and an opportunity for comment by all parties, dae Board should order NIPSCO to fill the excavation, eith er according to NIPSCO's plan as submitted or as modified pursuant to suggestions of the parties, as appropriate. Once the Board determines, upon notification by NIPSCO and further opportunity for comment by parties, th a t the matter of the excavation has j

been satisfactorily resolved, the proceedings should be terminated with prejudice.

The staf f suggests (Staff Response of September 15, 1981 at p.3) that it be responsible for " approving" dae plan and

" certifying" completion of site restoration to th e Board. The staff's suggestions are inappropriate and without a u th ority .

These are adjudicatory decisions for the Boa rd to make, and furdier should be made only af ter all parties have had an opportunity to submit their views to th e Boa rd .

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f Accordingly, the } oard should enter an rder requiring NIPSCO to submit within ( . reasonable specified time its plan for fillir.g the Bailly excavation, and all parties should be given a re:.Jonable ' opportunity to comment upon the plan before approval or- modification by the _ Board and implementation by NIPSCO.

DATED: October--1, 1981 Respectfully submitted,

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' Robert J. 'Vollen a::L -

Jane M. Whicheb

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Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 North Dearborn Suite 1300 Chicago, IL 60602 (312) 641-5570

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o UNITED STATES OF AMERICA

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. BEFORE Tile ' ATOMIC SAFETY AND LICENSING BOARD -

JIn ' the Matter of- )

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NORTHERN' INDIANA PUBLIC ) Docket-No. 50-367

-SERVICE COMPANY ) (Construction Permit

'(Bailly Generating Station, ) Extension)

Nuclear-1) )

' CERTIFICATE OF SE.RVICE I hereby certify that I served copies of Porter County

. Chapter Intervenors* Motion concern ng Excavation on each person L

1 on the attached servico list by' causing them to be deposited in th e - U . S . mail, first clau postage prepaid, this 1st day of-October, 1981.

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l. Robert J. Vollen Jane M. Whicher .

by _.

Jane M. Whichpr

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Attorneys for Porter County Chapter Intervenors ~ .

Robert J. Vollen t Jane-M. Whicher 109 North Dearborn Suite 1300 Chicago, IL 60602-(312) 641-5570 v.

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.- , . . - . H SERVICE LIST LHerbertiGrcssman, Esq. George & Anna Grabowski

AdministrativeLJudge 3820 Ridge Road

Atomic Safety & Licensing. Highland, Indiana 46322

' Board Panel' U.S. Nuclear. Regulatory Dr. George Schultz Commission . 807 E. Coolspring Road Washington,,D.C. 20555 . Michigan City, Indiana 46360

~Dr. Robert L. Holton Administrative Judge School-of.0ceanography.

Oregon' State University Corvallis , Oregon. 97331 Mr. Mike Olszanski Mr. Clifford Mezo Local 1010 - United Steelworkers Dr. J. Venn Leeds . of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East-Chicago, Indiana 46312 Houston, Texas- 77096-Stephen H. Lewis, Esq.

. Office of the Executive Legal Director-U.S. Nuclear Regulatory Commissio

-Maurice Axelrad, Esq. Washington, D.C. 20555 Kathleen H. Shea, Ee.g.

Lowenstein, Newman, Reis, Anne Rapkin, Asst. Attorney Gener Axelrad and Toll John Van Vranken, Environmental 1025. Connecticut Ave., N.W. Control Division

^ Washington, D.C. 20036 188 W. Randolph - Suite 2315 Chicago, Illinois 60601 William H. Eichhorn, Esq.

Eichhorn, Eichhorn & Link Docketing & Service Section (3) 5243 Hohman Avenue Hammond,' Indiana 46320 Office of the Secretary'Conmissio U.S. Nuclear Regulatory Washington, D.C. 20555 Diane'B. Cohn, Esq.

William P. Schultz, Esq. Stephen Laudig, Esq.

Suite 700 21010 Cumberland Road 2000 P Street,'N.W. Noblesville, Indiana 46060 Washington, D.C. 20036 Atomic Safety & Licensing Board Panel-J.S. Nuclear Regulatory Commission 5.

' Washington, D.C. 20555 ,

Atomic Safety and Licensing Appeal Board Pancl-

-U.S. Nuclear Regulatory Commission Washington, D.C. 20555 8

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