ML20052G828
| ML20052G828 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 05/13/1982 |
| From: | Kodner J PRAIRIE ALLIANCE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8205190037 | |
| Download: ML20052G828 (7) | |
Text
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Cp UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
_...s BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF:
)
)
ILLINOIS POWER COMPANY, et a1
) Docket No. 50-461 OL
)
(Clinton Power Station, Unit 1)
)
PRAIRIE ALLIANCE'S ANSWER TO APPLICANTS' MOTION THAT EVIDENTIARY HEARINGS BE HELD IN CLINTON, ILLINOIS On May 4, 1982, during the second special prehearing conference, Applicants served upon the parties a Motion for evidentiary hearings in the above proceedings to be held in Clinton, Illinois.
For reasons described below, Intervenor PRAIRIE ALLIANCE vigorously opposes said Motion, and submits that the primary. reason for the Motion is to cause and. maximize inconvenience to the Intervenor.
Most of the construction permit hearings and all special prehearing conferences at the operating license stage have been held in Champaign, Illinois.
Suddenly, Applicants feel it would be 'more appropriate that the hearing (s) be held in Clinton, or Decatur.
anywhere but Champaign.
Seven purported reasons are advanced by Applicants for the proposed shift.
All are
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without merit.
Applicants correctly state that the Rules of
- .7.%ND KODNER Practice provide:
- i. umuoN.mn "UITE 1004 "The time and place of hearing will be fixed with a m n' ao'o*
due regard for the convenience of the parties or 71DHONE their representatives, the nature of the. proceed-ing and the public interest."
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10 C.F.R. Section 2.703(b).
10 C.F.R. Part 2, Appendix A I l
states:
It is the Commission's policy and practice to begin the evidentiary hearing in the vicinity of the site of the proposed facility."
Nowhere do the regulations define what is meant by " vicinity of i
the site".
Apparently the issue has never been discussed by a Licensing or Appeals Board.
Persons residing within 40 miles of a nuclear plant are held to be within the zone of interest, conferring upon them standing to intervene.
Virginia Electric G Power Co. (North Anna Power Station, Units 1 6 2), ALAB-146, 6 AEC 631 (1973).
This zone of interest clearly is in the vicinity of the site.
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Within said zone are the metropolitan areas of Champaign-Urbana and Clinton.
This Board and the Construction Permit Board im-plicitly have recognized that Champaign-Urbana is within the vicinity of the site, by holding most of the proceedings therein.
The question then becomes which metropolitan area (Champaign-Urbana vs Clinton) is preferable.
All members of the j
PRAIRIE ALLIANCE reside and work in Champaign-Urbana, not l
Clinton.
It would cause severe hardship upon PRAIRIE ALLIANCE l
to require its members to commute to Clinton and back each day during the lengthy hearings at hand, and could wreak havoc with their respective employment situations.
With proceedings in ha$so$rnYEr, Champaign-Urbana, PRAIRIE ALLIANCE members would retain greater CUITE 1004 l C HICAGO. lLL SO601 flex bility and Would therefore be better equipped to participate '
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in the proceedings.
All parties would be greatly inconvenienced a
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If the hearings are held in Clinton.
Parties, representatives and witnesses will need adequate transportation, lodging and dining facilities.
Clinton clearly is not equipped, nor de-sirable, on any of these counts, especially since the hearings may last for several weeks.
With a population of 92,000, and the University of Illinois therein, Champaign-Urbana enjoys an airport, numerous hotels and motels, restaurants, recrectional and cultural facilities simply not available at Clinton or any other metropolitan area in the vicinity.
See e.g. 1981 Mobil Travel Guide.
Champaign-Urbana is unquestionably preferable in terms of the convenience of the parties and their representatives.
The public interest will also be better served if the hearings are held in Champaign-Urbana.
Much of the electronic and print media in the area is located in Champaign-Urbana.
The public depends greatly on these sources.to be nade aware of the hearings and for information as to the testimony therein.
Many environmental groups (e.g. local chapters of Isaac Walton League, Audobon Society, Students for Environmental Concern, Sierra Club, Physician's for Social Responsibility, anti nuclear weapons groups, National Lawyers Build) and concerned individuals (e.g.
PRAIRIE ALLIANCE approximate mailing list of 300) are located in Champaign-Urbana, and at the University, and would undoubtedly be keenly interested in the proceedings.
'The ability of same u,,,,,c,,
$UTT AND KODNER to follow, and to participate through limited appearances, in U W. M AYlSON STREET CUITE 1004
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the hearings would be greatly dimished if the hearings would be TELEPHON E
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held in Clinton.
Applicants have produced five letters from,
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Clinton civic organizations and governmental bodies in support of their Motion.
Due to the brief period of time within which' the parties have to respond to the Motion, PRAIRIE ALLIANCE has not attempted to "line up" as many, if not more, letters from organizations to support Champaign-Urbana as a location.
Be-cause the hearings have not yet been scheduled and appear to be several months off, it would in any event be premature and meaningless to engage in a numbers game of this sort with Applicants.
Other points raised by Applicants are without merit.
As Applicants indicate in their Motion, Clinton is pretty much centrally located as between Champaign-Urbana, Bloomington-Normal and Decatur.
However, Champaign-Urbana is easily acces-sible to all areas because of interstate super highways 72 and 74, whereas Clinton is serviced only by two lane local roads, making traffic much slower.
Applicants therefore incorrectly assert that Champaign-Urbana would be "much less convenient"'
than Clinton for the persons living within the 50-mile radius of the station.
Applicants have had no trouble producing documents and personnel relative to the proceedings at any other point therein.
They cannot now complain of inconvenience in returning to Champaign-Urbana once again for the hearings.
While Clinton or i.aw orricE.
- TUTT AND KODNER jn w. was son orarer Decatur may be more convenient to Applicants, its superior cuit ioo4 l c uicaoo. itt..o.
- resources make it easily able to participate in hearings located TELEPHON E o*/* m '**
l in Champaign-Urbana.
With the obvious disparity in resources as
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i between Applicants and PRAIRIE ALLIANCE, and the hardships a Clinton hearing would work upon PRAIRIE ALLIANCE, fundamental fairness requires that the hearings be held in Champaign-Urbana.
For reasons aforesaid, PRAIRIE ALLIANCE respectfully requests that Applicants' Motion be denied.
DATED:
May 13, 1982 Respectfully Submitted
.nn JA Ftf XODNER, Attorney for' PRAIRIE ALLIANCE LAW OFFICES TU TT AND KODNER D7D W. MAT;tSON STREET CUITE 1004 f HITACO. ILL. 60601 TELEPHONE C11/ZO 1938,
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'I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ll BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l IN THE MATTER OF:
)
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)
',i ILLIN0IS POWER COMPANY, et a1
)
Docket No. 50-461 OL i'
)
ll (Clinton Power Station, Unit 1)
)
ti NOTICE OF FILING
! TO:
SEE ATTACHED SERVICE LIST d
PLEASE TAKE NOTICE that on this date, May 13, 1982 INC.
an ori inal and I am filing on behalf of PRAIRIE ALLIANCEPRAIRIE ALLIANCE'S ABSWER 'IO APPL,ICANTS
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]j;twocopiesof THAT EVIDENTIARY HEARINGS BE HELD IN CLINTON, ILLINOIS, ll with the Secretary of the United States of America Nuclear Regu-latory Commission, a copy of which is attached hereto and is
- herewith served upon you.
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If. KODNER, Atto'r'n"ey for RAIRIE ALLIANCE, INC.
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!STATEOFILLINOIS
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SS.
ll COUNTY OF COOK
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i II PROOF OF SERVICE O
d The undersigned certifies that he caused a copy of d PRAIRIE ALLIANCE'S ANSWER TO APPLICANTS' MOTION THAT EVIDENTIARY
[jHEARINGSBEHELDINCLINTON, ILLINOIS, d filed on behalf of PRAIRIE ALLIANCE, INC., to be served upon:
'l SEE ATTACHED SERVICE LIST l
.;j by depositing in the U.S. Mail at 173 West Madison Street, t
Chicago,3, Illinois, with proper. postage prepaid, on j
i May 1
, 1982.
l LAW OFFICES l TUTT AND KODNER
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l 173 W. M ACISON STREET l Subscribed and Sworn to before m cuirrico4 CHICASO. lLt 4080 this 13th day of
,May
,L1 82.
TELEPHONE g,
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N6%aftf Public d
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SERVICE LIST b ilugh K. Clark, Esq., Chairman Sheldon Zabel, Esq.
' Administrative Judge Schiff, liardin G Waite P. O.
Box 127A 7200 Sears Tower l Kennedyville, Maryland 21645 233 South Wacker Drive Chicago, IL 60606 1 Dr. George A. Ferguson Administrative Judge Philip L. Willman, Esq.
School of Engineering Assistant Attorney General
- lloward University Environmental Control
'1' 2300 Sixth Street, N.W.
Division
" Washington, DC 20059 188 W. Randolph St.,
4 Suite 2315 Dr. Oscar 11. Parish Chicago, IL 60601
'tAdministrative Judge
] Atomic Safety and Licensing Dick Goddard, Esq.
Board Office of the Executive U U.S. Nuclear Regulatory Legal Director
'i Commission U.S. Nuclear Regulatory iWashington, DC 20555 Commission ll Washington, DC 20555 I Prairie Alliance P. O. Box 2424 Atomic Safety and Licensing l; Station A Appeal Board Panel h Champaign, IL 61820 U.S. Nuclear Regulatory 4
Commission
!i Atomic Safety and Licensing Washington, DC 20555 Board Panel llU.S. Nuclear Regulatory Docketing and Service j
Commission Section
, Washington, DC 20555 Office of the Secretary ij U.S. Nuclear Regulatory k flerbert II. Livermore Commission l; U.S. Nuclear Regulatory Washington, DC 20555 3
Commission I,Clinton Nuclear Power Station R.R. 3, Box 229 A k,Clinton, IL 61727 5
1.AW OFFICES TUTT AND KODNER 173 W. M AEISON STREE1!
CUIT31004 CHICAGO. ILI 60801 TELEPHONE 6
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