ML20054E723

Reply to Prairie Alliance 820513 Answer to Applicant 820505 Motion That Hearings Be Held in Clinton,Il.Lists Blatant Inaccuracies & Omissions in Prairie Alliance Answer That Must Be Corrected.Certificate of Svc Encl

ML20054E723
Person / Time
Site:	Clinton
Issue date:	06/07/1982
From:	Fox C ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:	NRC COMMISSION (OCM)
Shared Package
ML20054E721	List: ML20054E720 ML20054E723
References
ISSUANCES-OL, NUDOCS 8206140108
Download: ML20054E723 (9)

Text

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-:n UNITED STATES OF AMERICA , 2 ' IT 9 :'

NUCLEAR REGULATORY COMMISSION

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IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Unit 1) )

REPLY OF APPLICANTS TO PRAIRIE ALLIANCE'S ANSWER TO APPLICANTS' MOTIUW THAT EVIDENTIARY HEARINGS BE HELD IN CLIN,0N,-ILLINOIS Illinois Power Company (" Illinois Power") , Soyland Power Cooperative, Inc., and Western Illinois Power Coopera-tive, Inc. (" Applicants"), pursuant to the permission of the presiding officer of the Atomic Safety and Licensing Board (the " Board") which is sought by motion of even date herewith under Section 2.730(c) of the Rules of Practice of the Nuclear Regulatory Commission ("NRC") , hereby reply to Prairie Alliance's Answer to Applicants' Motion That Evidentiary Hearings Be Held In Clinton, Illinois of May 13, a

1982 (" Answer") as follows:

1. On May 4, 1982, at the Third Special Prehearing Conference, Applicants submitted their Motion That Evidentiary Hearings Be Held In Clinton, Illinois (" Motion"). The Motion was filed with the NRC on May 5, 1982. Prairie Alliance 8206140100 020607 gDRADOCK 05000461 PDR 1

responded to Applicants' Motion in its Answer of May 13, 1982.

Upon review of Prairie Alliance's Answer, Applicants found several blatant inaccuracies and omissions as noted below in paragraphs 2 to 4. The Board will be unable to reach an in-formed decision on Applicants' Motion unless it is aware of the inaccuracies and omissions.

2. Prairie Alliance's Answer states on page 1 that Applicants suddenly wish to hold hearings in Clinton.

This assertion is apparently based on Prairie Alliance's belief that Illinois Power willingly acceded at the con-struction permit stage to holding hearings in Champaign-Urbana. However, even a cursory review of the record at the construction permit stage indicates that Illinois Power con-sistently urged that all hearings be held in Clinton.- See, e.g. Transcript of First Prehearing Conference (C. P. Stage),

April 4, 1974, pp. 61-63 and Transcript of Second Prehearing

Conference (C. P. Stage), April 29, 1975, pp. 76, 143.

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3. On page 2 of its Answer, Prairie Alliance states that all members of Prairie Alliance live in Champaign-Urbana.

l Applicants, admittedly, do not have access to current member-I ship rosters of Prairie Alliance. Applicants would note that two of the six individuals listed as members of Prairie Alliance in Prairie Alliance's Petition for Leave to Intervene and Request for Hearing of October 24, 1980 (Stanley Elsasser 1

• i and Rebecca Elsasser), stated in affidavits attached to that petition that they resided in Clinton. Also, as part of the initial intervention process, the Bloomington-Normal Chapter of Prairie Alliance requested to intervene as a separate party (Handwritten Petition from Jeff Urish, Vice-President, Bloomington-Normal Chapter, dated october 29, 1980). Upon discussions with the Board and the other participants, the Bloomington-Normal Chapter agreed to withdraw its request with the understanding that Prairie Alliance would represent the interests of the Bloomington-Normal Chapter members, who presumably live in the Bloomingto;-dormal area.

4. Prairie Alliance, in its Answer, draws a com-parison between only Clinton and Champaign-Urbana. Con-spicuous by Prairie Alliance's failure to mention them are Decatur and Bloomington-Normal. Both of these localities are closer to the Clinton Power Station than Champaign-Urbana. Both localities are of the same approximate size and offer facilities (such as meeting places, lodging, and 1

transportation) on a par both in quality and quantity with Champaign-Urbana. The inhabitants of both Decatur and Bloomington-Normal will be just as affected by the opera-tion of the Clinton Power Station as the inhabitants of Champaign-Urbana. Moreover, as Prairie Alliance notes on page 1 of its Answer, Champaign has already been the site l

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l of hearings at both the construction permit and operating license stages. Although Prairie Alliance in its Answer fails to offer any factually-supported reasons for not holding the evidentiary hearings in Clinton, if the Board decides not to hold hearings in Clinton, then fundamental fairness and the ultimate responsibility of the Board for the health and safety of all individuals living in the vicinity of the Clinton Power Station (and not just a particular segment of the surrounding population) mandate that the hearings should be held in Decatur or Bloomington-Normal.

5. Applicants can advance only one reason for the inaccuracies and omissions in Prairie Alliance's Answer, the failure of Prairie Alliance's Counsel to review the record and conduct the research necessary to file an accurate plead-ing. Such a failure is inexcusable. Counsel for Prairie Alliance may believe that his late entry into the proceedings excuses the errors. If anything, Counsel's late entry and consequent unfamiliarity with the proceedings should en-courage Counsel to be doubly careful in checking facts be-fore making broad assertions such as those in the Answer.

The only result of such unfamiliarity and the resulting inaccuracies and misstatements will be unnecessary confusion and delay imposing additional burdens on the other parties and the Board.

. o WHEREFORE, Applicants, for the reasons stated here-in and for the reasons stated in their Motion, move again that the evidentiary hearings on the operating license for the Clinton Power Station, Unit 1, be held in Clinton, Illinois.

Respectfully submitted,

( (ikc 3 l -fT h-One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: June 7, 1982 f

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CERTIFICATE OF SERVICE I hereby certify that an original and two conformed copies of each of the foregoing documents were served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch and that one copy of each of the foregoing documents was served upon each of the following:

Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Jan L. Kodner Tutt and Kodner 173 W. Madison Street Suite 1004 Chicago, Illinois 60602 l

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Prairie Alliance Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission Clinton Nuclear Power Station RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 in each case by deposit in the United States Mail, postage prepaid on June 7, 1982.

. W\ f S . WS One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

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IN THE MATTER OF ) "

ILLINOIS POWER COMPANY, ) ~

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50-461 OL

)

(Operating License for Clinton )

Power Station, Unit 1) )

NOTICE TO: Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Jan L. Kodner Tutt and Kodner 173 U. Madison Street (}

Suite 1004 h Chicago, Illinois 60602

Prairie Alliance Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission Clinton Nuclear Power Station RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washingttn, D.C. 20555 PLEASE TAKE NOTICE that I have today served upon the Secretary of the United States Nuclear Regulatory Commission REQUEST OF APPLICANTS TO FILE REPLY TO PRAIRIE ALLIANCE'S ANSWER TO APPLICANTS' MOTION THAT EVIDENTIARY HEARINGS BE HELD IN CLINTON, ILLINOIS and REPLY OF APPLICANTS TO PRAIRIE ALLIANCE'S ANSWER TO APPLICANTS' MOTION THAT EVIDENTIARY HEARINGS BE HELD IN CLINTON, ILLINOIS in the above-captioned matter. A copy of these documents is attached hereto and hereby served upon you.

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One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Cha'rlos D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: June 7, 1982

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