ML20128P740

Response to Applicant Motion to Terminate Proceeding.No Objections Offered.Method Applicant Proposed for Remediating Unit 2 Excavation Area Questioned.Certificate of Svc Encl

ML20128P740
Person / Time
Site:	Clinton
Issue date:	05/29/1985
From:	Hartigan N, Samelson A ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20128P733	List: ML20128P731 ML20128P740
References
OL, NUDOCS 8506030629
Download: ML20128P740 (4)

Text

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h UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF ILLINOIS )

POWER COMPANY, SOYLAND POWER ) 00LKETED COOPERATIVE, INC. and WESTERN ) Docket No. 50-462 0'gNRC ILLINOIS POWER COOPERATIVE, INC. )

(Clinton Power Station Unit 2) )

,85 JW -3 N1 :37 ANSWER TO APPLICANT'S MOTION TO TERMINATE PROCEEDING 0FF'CE CF SECRETAa 00C4ETING & SERVICI.

Comes now PEOPLE OF THE STATE OF ILLINOIS, by nee 1AYU Hartigan, Attorney General of Illinois, and pursuant to 10 C.F.R.

sec. 2.730, answers Applicant's Motion to Terminate Proceeding, as follows:

1. People of the State of Illinois have no objection to the termination of this operating license proceeding, per se, since Unit 2 has in fact been cancelled. (See Exhibit 1 to Applicant's Motion.)

2. However, People of the State of Illinois question the method Applicant has proposed for remediating the Unit 2 excavation area. Approval of this remediation plan is part of Applicant's request in the instant motion that this ASLB authorize the Director, Office of Nuclear Reactor Regulation to rescind the Unit 2 Construction Permit no. CPPR-138 on the terms stated in Exhibit 2 to Applicant's motion. In Exhibit 2, Applicant states that "no actions beyond those already taken are necessary for stabilization of the Unit 2 excavation."

3. More specifically, Applicant intends to leave the Unit 2 excavation area unfilled, with the addition of a revetment on the slopes of the backfill adjacent to the Unit 1 structures, 8506030629 850603 PDR 0 ADOCK 05000462 PDR f,

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a berm around the perimeter of the area and a drainage system.

(See FSAR subsection 2.5.4.'14.4.) The Unit 2 excavation area is approximately 40 feet deep, 1,050 feet in length and over 300 feet wide. (See FSAR Figure 2.5-484.)

4. People of the State of Illinois question the environmental, safety and financial impacts of leaving an excavated area of these dimensions unfilled for an indefinite period of time.

For these reasons, People of the State of Illinois request that this ASLB:

A. Deny that portion of Applicant's motion which requests authorization for the Director of Nuclear Reactor Regulation to rescind the Unit 2 Construction Permit no. CPPR-138 on the terms proposed by Applicant; and B. Order that a detailed environmental, safety and cost assessment be conducted of Applicant's proposed method for remediating the Unit 2 excavation area, before that method is approved.

Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS BY: NEIL F. HARTIGAN ATTORNEY GEN ,RAL BY: 6 (W 01 One of Che Attorneys for the People of the State of Illinois John McCaffrey Allen Samelson Office of the Attorney General 500 South Second Street Springfield, IL 62706 (217) 782-9031 .

DATED: May 29, 1985

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

Secretary of the Commission -

00th{C uS United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch 16 JM -3 M1 :37 and that one copy of the foregoing document was sery g upo,n ga g 00CKETING & SE8vlCf.

of the following: BRANCH 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 Sheldon A. Zabel

. Charles D. Fox, IV Sara L.-Johnson Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 Maurice Axelrad George Edgar Newman & Holtzinger, P.C.

Suite 1000 1615 L Street, N.W.

Washington, D.C. 20036

! Jean Foy 511 W. Nevada Urbana, IL 61808 L

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s' Prairie-Alliance Box 2424 i Station A Champaign, IL 61820 l Herbert H. Livermore U.S. Nuclear Regulatory Commission Clinton Nuclear Power Station i R. R. 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 l U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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by deposit in the United States Mail, postage prepaid on May 29,

.1985. l PEOPLE OF THE STATE OF ILLINOIS BY: NEIL F. HARTIGAN I ATTORNEY GENERAL BY: M ft 94 7'} j One of the Attorneys for the i People of the State of Illinois l

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John McCaffrey Allen Samelson Office of the Attorney General l 500. South Second Street Springfield, IL 62706 (217) 782-9031

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