ML19305E143

Motion for Addl Time to File Contentions & First Suppl to Intervention Petition in CP Extension Proceeding.Dewatering Info Should Be Reconsidered at 5-yr Interval.Affidavit, Motion & Certificate of Svc Encl

ML19305E143
Person / Time
Site:	Bailly
Issue date:	03/28/1980
From:	Robbins R LAKE MICHIGAN FEDERATION
To:
References
NUDOCS 8004230028
Download: ML19305E143 (11)

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY-AND LICENSING BOARD In the Matter of )

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NORTHERN INDIANA PUBLIC ) DOCKET No. 50-367 SERVICE COMPANY )

(Bailly Generating Station, ) (Construction Permit Extension)

Nuclear 1) )

LAKE MICHIGAN FEDERATION MOTION FOR ADDITIONAL TIME TO FILE CONTENTIONS AND FIRST SUPPLEMENT TO PETITION FOR LEAVE TO INTERVENE WITH ADDITIONAL CONTENTION The Board having directed that the petitioners shall file supplements to their petitions fif teen days prior to the prehearing conference the Lake Michigan Federation requests, based upon good cause and other bases, that the Board consider the Federation to have adopted Contention #8 of the Joint Intervenors (Transcript, March 13, Prehearing Conference Page 269) and that the Federation has adopted all of the Contentions except Contention #2 of the Joint Intervenors and the Federation has adopted Contention #4 of the State of Illinois (Transcript, March 13, Prehearing Conference, Page 367, as it should read to reflect statements) and grant additional time to file contentions.

The Federation also requests that the Board consider additional Contentions described below.

1. Under 10 C.F.R. 2.714 the Federation should be permitted to adopt Contentions and state an additional Contention since the Federation has shown good cause, there are no other means or parties whereby petitioners unique interest will be._ protected, the petitioner can reasonably be expected to assist in the development of a sound record, no delay will occur from granting this request and petitioner's participation will improve the consideration of critical issues.

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The petitioner also has a unique position as an intervenor and any order seriously affect petitioner's interest.

The petition to intervene filed December 28, 1979 describes fully the Federation's interest in this proceeding. The Federation serves to represent the interests of individual (s) and civic and environmental organizations ,

in Indiana, Illinois, Michigan and Wisconsin.

Members of the Federation not only utilize recreational and drinking water facilities near the Bailly Plant site but they use all of Lake Michigan for recreational, environmental and economic and aesthetic purposes.

Lake Michigan is a lake serving many millions of people with drinking water. Unlike many other water bodies serving such a population the lake has a flow through period of about 100 years. Any major alterations in the water or water quality will affect a substantial number of people for a long period of time.

Citizens at Sheboygan, Wisconsin; Northern Wisconsin; Spring Lake, Michigan; llolland, Michigan; Milwaukee and other locations look to the Federation to protect and preserve Lake Michigan.

No other parties or intervenors in this action represent such at interest. The interest will add a unique dimension to each of the Contentions considered.

The Federation has alsa had a un!que and particular interest in the Indiana Dunes and in the deuatering controversy. In March of 1980 the Federation -

published a definitive fourteen page report on the issue after months of research.

That the Federation will provide a " complete picture" of dewatering and will make

" apparent" the concerns is supportive of granting additional time. Florida Power

& Light Company, 7 NRC 939949 (1978).

s The Federation also has engineering and natural science capacity to .

- work with the dewatering issue and to bring substantial and credible information .

to the Board for decision.

The Executive Director of the Federation is an engineer. The Federation's Lake Michigan Science Task Force has the skills of biologists, chemists and others who provide technical assistance to the staff and the public.

The Federation also has good cause for the delay. The Federation has only a single lawyer in a staff of five. The timing of the hearings appeared at a time of surgery for that single lawyer which took place during January, February, and March. During that time there were substantial absences from the office and shortened ~ working days. Since the lawyer is also the administrator and was leading the effort to compile information on the Bailly plant site these activities could not all be completed simultaneously.

A major cause of the delay was that substantial effort was undertaken to analyze the dewatering issue. Federation staff spent over 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> on the issue -

during the three month span. Such work was necessary before the Federation could present Contentions. In addition *the Federation had to closely examine the Three Mile Island incident and the various reports and agency actions resulting from the incident.

Study of these issues was not completed. until March 13. . At that po'nt I

Contentions could be considered by the staff of the Federation.

These constitute good cause as the delay was beyond the control of the petitioner, was aggravated by the short time period for Contentions, (which other

-parties raised as well), and the creation of Contentions required substantial research activity.

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m This study and research will permit the Federation to " assist constructively in developing a sound record" and will contribute to a sound decision.

The participation of the Federation will not dilay the proceedings since all but one Contention have already been considered at the prehearing conference. The issues will be broadened slightly to con ider the lakewide interest in each of ths - ontentions but such a broadenint could be expected from the original petition of the Federation which mentionco a"ch interests.

This will be no surprise to any party.

Petitioner has stated at least one Contention that meets requirements of particularity under 10 C.F.R.F. 5 2.714. In addition at Transcript p. 269 there were no objections to the Federation concurvf lg and adopting Contention 8 of the Joint Intervenors.

2. The Federation requests that the following Contention be considered ,

at the hearing.

a. The original construction permit was issued for a period of five years. In LSc construction permit process the parties, intervenors and nonparty observers and others who did not intervene may have been v.111rg to rely upon assiduous research into the state of the art an a factual issties concerning the con-struction permit. Decisions were made on participation in the proceedings, furth2r study, actual facts considered based upon.

those decisions.

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S-Some parties and the Commission understood that many .ssues could not be reconsidered for at most five years when an operating license hearing 'would consider further issues. In fact when individuals old bring matters to the attention of the Commission during the interim they were generally relegated to the operating process.

In fact the construction permit findings and the issues raised are considered as tes ,judicara--for at most five years in the Bailly situation. Even issues not raised are ao considered by the Commission. The Federation maintains five years is the limit of such an estoppel and the public interest, must permit reopening of prior issues and addition of new issues at the termination of the five year period or the consideration of an operating license whichever comes first.

The public should be bound to r is k the development of new facts or the reconsideration of previously determined facts for a period longer than five years.

The dewatering issue presents this type of concern perfectly.

For five years many have worked to discover more information about the dewatering situation.

It seems cicar to us that this information should be reconsidered at a five year interval -- that the operating licenses process was expected to occur prior to that time and that we cannot wait to utilize this new knowledge for a longer period of time, t

Therefore all Contentions applicabic should consider all new issues which have arisen since the construction permit process.

3. Therefore the petitioner request that the Board rule that the Federation has adopted the Contentions herein stated and that additional time will be granted.

P DATED: March 28, 1980 Respectfully..submipted,

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e,/ Ord (A t RTC11ARD L. ROBBINS Attorney for the Lake Michigan Federation 53 W. Jackson Blvd., Suite 1710 Chicago, Illinois 60604 312/427-5121 L

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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NORTilERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY )

(Bailly Generating Station, ) (Construction Permit Nuclear 1) ) Extension)

AFFIDAVIT OF JAMES D. GRIFFITII James D. Griffith declares and states as follows:

1. I reside at 636 Ilunter Rd., in the City of Glenview, Illinais.

2. I am a member of the Lake Michigan Federation, a coalition of individuals and groups in the four states surrounding Lake Michigan.

I authorize the Lake Michigan Federation to represent my interest in this proceeding on my behalf.

3. Because I utilize Lake Michigan as a sailor, swimmer and fisherman, with a boat moored in Wilmete liarbor my health and safety

'will be jeopardized in the event that the waters of Lake Michigan are adversely impacted by construction of the plant at the Bailly site.

4. For this reason I have authorized the Lake Michigan Federation to intervene in this proceeding to oppose extension of the construction permit.

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t In accordance with 28 U.S.C. 8 1746, I declare under penalty of perjury that the foregoing is true and correct.

Executed on TYts,q O_ {, , J 9 88

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The deponent first being put upon oath swears that the following is true to the best of his knowl~cdge and Telie

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Sworn and subscribed before me on this day M FI u 5 /,/fb , Y/ Q Y

1. "" '"'0" Notary Public. My commission expires on U Pires Op. 3, ; p63 e

March 28, 1980 UNITED STATE OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF )

)

NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY )

(Bailly Generating Station, )

Nuclear 1) )

NOTICE OF SERVICE Pursuant to the request of the Chairman of the Board at the March 12, 1980 Special Prehearing Conference in the above-captioned matter, counsel for the Lake Michigan Federation hereby give notice that they are serving herewith copies of the following documents upon the members of the Board and upon those persors on the attached Service List:

1. Affidavit of James D. Griffith

2. Lake Michigan Federation Motion For Additional Time to File Contentions and First Supplement to Petition for Leave to Intervene with Additional Contention.

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DATED: March 28, 1980 -

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NJ1 chard L. Robbins Attorney, Lake Michigan Federation Richard L. Robbins Lake Michigan Federation 53 W. Jackson Blvd., Suite 1710 Chicago, IL 60604

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(- j CERTIFICATE OF SERVICE  !

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I hereby certify that on this 28th day of March, 1980, I served copies of the foregoing Notice of Service, dated March 28, -[

1980, upon each of the persons named on the attached Service List  ;

and copies of the documents described in the foregoing Notice upon the members of the Atomic Safety and Licensing Board and those persons on the attached Service List, by causing copies to be deposited in the U.S. mail, in envelopes properly addressed and sealed, first class postage prepaid.

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SERVICE LIST lierbert Grossman, Esq., Chairman George and Anna Grabowski Atomic Safety and Licensing, 7413 W. 136th Lane Board Panel Cedar Lake, Indiana U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George Schultz 110 California St.

Dr Richard F. Cole Michigan City, Indiana 46360 Atomic Safety and Licensing Board Panel Richard L. Robbins, Esq.

U.S. Nucicar Regulatory Commission Lake Michigan Federation Washington, D.C. 20555 53 W. Jackson Blvd.

Chicago, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike Olszanski Board Panel. Mr. Clifford Mezo U.S. Nuclear Regulatory Commission United Steelworkers of America Washington, D.C. 20555 3703 Euclid Ave.

Maurice Axelrad, Esq.

Kathleen 11. Shea , Esq . Steven C. Goldberg, Esq.

Lowenstein, Newman, Reis, Office of the Executive Axelrad and Toll Legal Director

• 1025 Connecticut Ave., N.W. U.S. Nuclear Regulatory Commissioi Washington, D.C. 20036 Washington, D.C. 20555 Wil1iam H. Eichhorn, Esq. Dean llannell, Esq.

Eichhorn, Eichhorn & Link Assistant Attorney General 5243 llohman Avenue John Van Vranken, Esq.

Ilammond, Indiana 46320

' Environmental Control Division 188 W. Randolph St. - Suite 2315 Diane B. Cohn, Esq. Chicago, IL 60601 William P. Schultz, Esq.

Suite 700 Stephen Laudig, Esq.

2000 P Street, N.W. 445 N. Pennsylvania Ave.

Washington, D.C. 20555 Indianapolis, IN. 46204 Atomic Safety and Licensing Docketing and Service Station Board Panel Office of the Secretary ll . S . Nuclear Regulatory Commission U.S. Nuclear Regulatory Uashington, D.C. 20555 Commission Atomic Safety and Licensing Appeal Board Panel I!.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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