ML19323H086

City of Gary,In,United Steelworkers of America,Local 6787, Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project Join State of Il Request Under 10CFR2.206 for Suspension or Revocation of Cp.Certificate of Svc Encl

ML19323H086
Person / Time
Site:	Bailly
Issue date:	06/05/1980
From:	Cohn D PUBLIC CITIZEN LITIGATION GROUP
To:	NRC COMMISSION (OCM)
Shared Package
ML19323H085	List: ML19323H084 ML19323H086 ML19323H087 ML19323H088
References
NUDOCS 8006110376
Download: ML19323H086 (7)

Text

,

..t . .

~T BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

)

NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Request for Action)

(BAILLY GENERATING STATION, ) 10 C.F.R. 2.206 -

NUCLEAR -1) )

REQUEST FOR ACTION TO SUSPEND OR REVOKE CONSTRUCTION PERMIT Pursuant to 10 C.F.R. 2.206, the City of Gary, Indiana, United Steelworkers of America Local 6787, the Bailly Alliance, Save the Dunes Council and the Critical Mass Energy Project hereby join in the State of Illinois' request for action to suspend or revoke the construction permit for the Bailly Nuclear Power Plant. In particular, the City of Gary, et al., submit that construction should not be resumed at the Bailly site until the Commission considers whether.the surrounding populations can be evacuated in case of a nuclear accident.

The City of Gary, et al. petitioned to intervene in,the construction permit extension proceeding pending before the Atomic Safety and Licensing ~ Board, 3clely for the purpose of litigating the question of whether realistic evacuation and emergency plans can be implemented to protect the populations surrounding the Bailly site. By Order dated May 30, 1980, the Board denied their petition to intervene on the ground that the question of the suitability of the Bailly site, and in particular whether adequate evacuation plans could ever be devised, was outside the scope of the extension proceeding (Docket No. 50-367). The Board stated that while a reconsideration of the Bailly site would be appro-8 006110 Sit \p Cr

priate at some point, it concluded that the Commission's re-quirements for siting and emergency planning were still suf-ficiently in flux so as to make it inappropriate for the Licensing Board, as opposed to the Commission, to attempt to resolve this issue at this time. As the Board stated:

Petitioners have made a persuasive argument for reconsidering the suitability of the Bailly site before further resources are committed to construction in the event that site suitability standards are changed. We can only recommend in this Order that the Staff and Commission consider the Bailly site in particular when the new rules are formulated, as we are certain they will and as NUREG-0625 suggests they are doing. However, in the absence of a final statement of policy by the Commission on new siting requirements which ,

suggest the unsuitability of the Bailly site, we do not deem it appropriate to authorize a re-litigation of a matter that was already deter-mined by a licensing board in the construction permit proceeding.on the standards in 10 C.F.R. Part 100 that have not yet been finally changed.

We disagree with the Licensing Board's conclusion that the Commission's change in policy is not sufficiently clear as to require a reevaluation of the Bailly site at the present time.

As demonstrated in the City of Gary's,et al. petition to inter-vene and supplement thereto, which are attached to and incorporated in this request, the siting and evacuation planning criteria upon which Bailly was approved have been unanimously rejected by the Commission in its interim rules (44 F.R. 75168 (Dec. 19,-1979)),

'by the GAO, by a joint NRC-EPA task force on emergency planning, by the House Government Operations Qommittee, and by the Rogovin Report. Given the high population density surrounding the Bailly site, it is clear that Bailly cannot meet the Commission's current rules requiring workable plans for evacuation within a 10-mile emergency planning zone as a condition for operation. See 44 F.R.

75168 (Dec. 19, 1979). Indeed, Bailly is the only nuclear plant, operating or under construction, that failed to meet all 6 siting criteria recommended in the Report of the Siting Policy Task Force (NUREG-0625).1/

Since Bailly is now only 1% complete, the public health and safety demand a reevaluation of the Bailly site before substantial resources are committed to its construction. In view of the Board's decision.to defer to the Commission, and the Commission's recent statement that it will give its personal attention to emergency planning matters in individual proceedings, 44 F.R.

75168 (December 19, 1979), the City of Gary, et al. request that ,

the commission suspend or revoke the construction permit for Bailly pending a decision on whether the Bailly site remains feasible from an evacuation perspective. The C,ity of Gary, et al.

also join in Illinois' request that this matter be' decided by the Commission itself or by an Atomic Safety and Licensing Board and not by the Director of the Office of Nuclear Reactor Regu-

. lation or by his staff, which is acting as an adversary party in the construction permit extension proceeding 2/

Respectfully submitted, 1/See Memorandum from R. Wayne Houston, Chief, Accidents Analysis Branch, Division of Site Safety and Environmental Analysis, to Daniel R. Muller, Acting Director, Division of Site and Safety and Environmental Analysis, attached to Illinois' supplement to its letter of November 21, 1979. The City of Gary, et al. also adopt and incorporate herein the additional factors for con-sideration cited in the state of Illinois' supplement.

2/By making this request, the City of Gary, et al. do not waive the emergency evacuation contention raised in tee extension proceeding or their right to pursue their claim in that proceeding.

I r .

t 4,. -

1 1

i

t t

b* -

Diane B. Cohn i William B. Schultz Suite 700

! 2000 P Street, N.W. '

Washington, D.C. 20036 ,

I '(202) 785-3704 [

t Attorneys for the City of '

I Gary, et al.

1 .

4 i P

! i l

i  !

J f

1 l

t 4

1 1

'l

,1 ,  ;

r i

i 1

b~

l 4-i J

i I

+

4-- '

7' I '

-+s --ev

-,c -.- J... 1 g , ,%

CERTIFICATE OF SERVICE I hereby certify this 5th day of June, 1980 that copies of the foregoing request for action to suspend or revoke construction permit were served by mail, first class and postage prepaid, upon the following:

Herbert Grossman, Esquire

- U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Glenn O. Bright U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director

• J.S. Nuclear Regulatory Commission Washington, D.C. 20555

- Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George Schultz 110 California _

Michigan City, Indiana 46360 Robert J..Vollen, Esquire c/o 9DI 109. North Dearborn Street Suite 1300 Chicago, Illinois 60602

• Edward W. Osann, Jr., Esquire One IBM Plaza Suite.4600 Chicago,-Illinois 60611 Robert L. Graham, Esquire =

One IBM Plaza

'44th. Floor Chicago, Illinois 60611

~

William H. Eichorn, Esquire 5243 Hohman Avenue Hammond, Indiana 46320 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue '

East Chicago, Indiana 46312 William J. Scott Attorney General, State of Illinois Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Richard L. Robbins, Esquire 53 West Jac). son Boulevard Chicago, Illinois 60604 ,

Mr. George Grabowski Ms. Anna Grabowski '

7413 W. 136th Lane Cedar Lake, Indiana 46303 Stephen Laudig, Esquire, 445 N. Pennsylvania Street Suite 815-816 Indianapolis, Indiana 46204 Maurice Axelrad Kathleen Shea Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Robert W. Hammesfahr, Esquire 200 East Randolph Street Suite 7300 Chicago, Illinois 60601 John Ahearne, Chairman U.S. Nuclear. Regulatory Commission Washington, D.C. .20555 Peter Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph Hendrie, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

- em e

d

- Richard Kennedy, Commission'er '

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 % .

1 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission

• F Washington, D.C. 20555

' Director of Nuclear Reactor Regulation i U.S. Nuclear Regulatory Commission i Washington, D.C. 20555 I i

i

• .I,-

J i Diane B. Cohn 1-1 1

1 .

1 1

l 1

$ t i

t T

a f

4 a

f w l,-- a , , .,r,--,_ _n," g , .-+- , -