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| EXECUTIVE OFFICE OF THE PRESIDENT | | EXECUTIVE OFFICE OF THE PRESIDENT |
| ; COUNCIL ON ENVIRONMENTAL QU ALITY 722 JAcMSON PLACE. N W. | | ; COUNCIL ON ENVIRONMENTAL QU ALITY 722 JAcMSON PLACE. N W. |
| WASHtNGToN. D. C. 20006 *- | | WASHtNGToN. D. C. 20006 *- |
| August 12, 1980 , , | | August 12, 1980 , , |
| m Honorable Tyrone C. Fahner E- A'3 g | | m Honorable Tyrone C. Fahner E- A'3 g C |
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| | Attorney General C ONg af kg 9 Staee of Illinois DC3;;27..t;,;- ;,7 g# th gE. |
| C Attorney General C ONg af kg 9 Staee of Illinois DC3;;27..t;,;- ;,7 g# th gE.
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| I Chicago, Ill. 60601 Pfl0D.a U JL,A g , Q g g fj. | | I Chicago, Ill. 60601 Pfl0D.a U JL,A g , Q g g fj. |
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| ==Dear Attorney General Fahner:== | | ==Dear Attorney General Fahner:== |
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| The Council has reviewed your office's letter, dated May 27, 1980, regarding the application of the National Environmental Policy Act | | The Council has reviewed your office's letter, dated May 27, 1980, regarding the application of the National Environmental Policy Act |
| ("NEPA") to the future decisions concerning the Bailly Generating Station, Nuclear-1 ("Bailly-1"). | | ("NEPA") to the future decisions concerning the Bailly Generating Station, Nuclear-1 ("Bailly-1"). |
| Our review of the matter indicates that the initial construction permit for Bailly-1 was issued on May 1, 1974. Since that time virtually no construction has taken place, and the construction permit has expired. | | Our review of the matter indicates that the initial construction permit for Bailly-1 was issued on May 1, 1974. Since that time virtually no construction has taken place, and the construction permit has expired. |
| Pursuant to the intent of the Atomic Energy Act, unless the permit is extended by order of the Nuclear Regulatory Commission ("NRC"), the Northern Indiana Public Service Company ("NIPSC0") will forfeit all | | Pursuant to the intent of the Atomic Energy Act, unless the permit is extended by order of the Nuclear Regulatory Commission ("NRC"), the Northern Indiana Public Service Company ("NIPSC0") will forfeit all rights to construct Bailly-l. |
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| rights to construct Bailly-l. | |
| Your office has suggested that there have been certain significant new developments since the final EIS on Bailly-l's construction permit was issued in 1973, such as: | | Your office has suggested that there have been certain significant new developments since the final EIS on Bailly-l's construction permit was issued in 1973, such as: |
| : 1. The issuance of WASH-1400, The Reactor Safety Study (October, 1975) and its reevaluation by H. Lewis' Risk Assessment Review Group in NUREC/CR-0400 (1978). | | : 1. The issuance of WASH-1400, The Reactor Safety Study (October, 1975) and its reevaluation by H. Lewis' Risk Assessment Review Group in NUREC/CR-0400 (1978). |
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| : 4. The Council's letter of March 20, 1980, to the NRC and the Council's report entitled, NRC's Environmental Analysis of Naclear Accidents: Is it Adequate? | | : 4. The Council's letter of March 20, 1980, to the NRC and the Council's report entitled, NRC's Environmental Analysis of Naclear Accidents: Is it Adequate? |
| In our letter of March 20, 1980, we urged the Commission to move quickly to revise its policy on accident analysis in environmental impact state- g ments. The review of NRC EISs by the Environmental Law Institute for gO 9g \ 1 8U08260 gg g | | In our letter of March 20, 1980, we urged the Commission to move quickly to revise its policy on accident analysis in environmental impact state- g ments. The review of NRC EISs by the Environmental Law Institute for gO 9g \ 1 8U08260 gg g |
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| | 2 the Council had revealed that none of the EISs prepared to date by the NRC for land based reactors has included an analysis of what were formerly known as " Class 9" or worst case accidents. We stated our conclusion that the NRC's new accident analysis policy should require discussion in EIS's of the environmental and other consequences of the full range of accidents that might occur at nuclear reactors, including core melt events. Such analyses.we noted, could improve the Commission's siting, design, licensing, and emergency planning decisions. |
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| the Council had revealed that none of the EISs prepared to date by the NRC for land based reactors has included an analysis of what were formerly known as " Class 9" or worst case accidents. We stated our conclusion that the NRC's new accident analysis policy should require discussion in EIS's of the environmental and other consequences of the full range of accidents that might occur at nuclear reactors, including core melt events. Such analyses.we noted, could improve the Commission's siting, design, licensing, and emergency planning decisions. | |
| On June 13, 1980, the Commission published a new Interim Policy for the consideration of environmental consequences of nuclear accidents under NEPA. The NRC concluded that there is a need to include in EISs a dis- | | On June 13, 1980, the Commission published a new Interim Policy for the consideration of environmental consequences of nuclear accidents under NEPA. The NRC concluded that there is a need to include in EISs a dis- |
| ! cussion of the " site specific environmental impacts attributable to l accident sequences that lead to releases of radiation and/or radioactive materials, including sequences that can result in the . . . melting of the reactor core." 45 Fed. Reg. 40101. The Interim Policy was ambiguous on whether supplements must be prepared for existing EISs that have already been issued for construction permits. However, the Commission stated: | | ! cussion of the " site specific environmental impacts attributable to l accident sequences that lead to releases of radiation and/or radioactive materials, including sequences that can result in the . . . melting of the reactor core." 45 Fed. Reg. 40101. The Interim Policy was ambiguous on whether supplements must be prepared for existing EISs that have already been issued for construction permits. However, the Commission stated: |
| ". . . it is the intent of the Commission that the staff take steps to identify additional cases that might warrant early consid-eration of either additional features or other actions which would prevent or mitigate the consequences of serious accidents. Cases for such consideration are those for which a Final Environmental Statement has already been issued at the Construction Permit stage but for which the Operating License review stage has not yet been reached." 45 Fed. Reg. 40101, 40103. | | ". . . it is the intent of the Commission that the staff take steps to identify additional cases that might warrant early consid-eration of either additional features or other actions which would prevent or mitigate the consequences of serious accidents. Cases for such consideration are those for which a Final Environmental Statement has already been issued at the Construction Permit stage but for which the Operating License review stage has not yet been reached." 45 Fed. Reg. 40101, 40103. |
| The NRC acknowledged that substantive changes in plant design features as a result of such analyses "may be more easily incorporated in plants when construction has not yet progressed very far." Id. | | The NRC acknowledged that substantive changes in plant design features as a result of such analyses "may be more easily incorporated in plants when construction has not yet progressed very far." Id. |
| As indicated in the memorandum enclosed with this letter from our General Counsel's Office, in determining whether to act to extend NIPSCO's construction permit, the NRC's responsibilities under the Atomic Energy Act are supplemented by the National Environmental Policy Act. NEPA requires the NRC to consider environmental factors to the fullest extent possible in its new decision about Bailly-l. The Council is of the view that for this decision, the NRC may simply adopt all or portions of its I prior final EIS pursuant to 40 CFR $1506.3 and prepare a supplement | | As indicated in the memorandum enclosed with this letter from our General Counsel's Office, in determining whether to act to extend NIPSCO's construction permit, the NRC's responsibilities under the Atomic Energy Act are supplemented by the National Environmental Policy Act. NEPA requires the NRC to consider environmental factors to the fullest extent possible in its new decision about Bailly-l. The Council is of the view that for this decision, the NRC may simply adopt all or portions of its I prior final EIS pursuant to 40 CFR $1506.3 and prepare a supplement dealing with the developments indicated above. Consideration of this new infor=ation might indicate, among other things, the need to modify plant design, select an alternative site, implement certain emergency preparedness measures, or reconsider the construction permit altogether. |
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| dealing with the developments indicated above. Consideration of this new infor=ation might indicate, among other things, the need to modify plant design, select an alternative site, implement certain emergency preparedness measures, or reconsider the construction permit altogether. | |
| As stated by the U.S. Court of Appeals for the Second Circuit: | | As stated by the U.S. Court of Appeals for the Second Circuit: |
| "Although an EIS may be supple =ented, the critical agency decision must, of course, be made after the supplement has been circulated, | | "Although an EIS may be supple =ented, the critical agency decision must, of course, be made after the supplement has been circulated, |
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| 3 considered and discussed in the light of alternatives, not before. | | 3 considered and discussed in the light of alternatives, not before. |
| Otherwise, the process becomes a useless ritual, defeating the purpose of NEPA, and rather making a mockery of it." NRDC v. | | Otherwise, the process becomes a useless ritual, defeating the purpose of NEPA, and rather making a mockery of it." NRDC v. |
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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20058M0361993-04-12012 April 1993 Partial Response to FOIA Request for Documents.Forwards Records in App L Which Are Being Withheld Partially for Listed Reasons,(Ref FOIA Exemptions 5) IR 05000367/19870211987-09-29029 September 1987 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-367/87-21 & 50-370/87-21 ML20235M4251987-07-13013 July 1987 Partial Response to FOIA Request for Documents Re Acrs. Forwards Documents for Categories One & Three of FOIA Request.Review of 21 Addl ACRS Documents Continuing ML20234E4571987-06-23023 June 1987 Partial Response to FOIA Request for 771026 Minutes of ACRS Subcommittee on Fluid/Hydraulic Dynamic Effects Meeting in Portland,Or & Addl ACRS Documentation.Documents Identified on App H & Addl ACRS Documents Encl ML20212H6601987-01-20020 January 1987 Final Response to FOIA Request.App F Documents Re Marviken II Project Encl & Available in PDR ML20140F3691986-01-14014 January 1986 Further Response to FOIA Request for Several Categories of Documents Re Pressure Suppression Containment.Fsar & SER for Limerick Only Documentation Re 4x4 Tests.Encl Apps D-G Documents Responsive to Item 4 Also Available in PDR ML20138H0481985-12-0606 December 1985 Responds to FOIA Request for SECY-85-152 & Commission 850523 Order.Forwards App Documents.Commission Order & Attachment 1 to Secy Placed in Pdr.Portions of SECY-85-152 Being Withheld (Ref FOIA Exemption 5) ML20138Q8301985-12-0303 December 1985 Further Response to FOIA Request for Records Re Voluntary or Required Redress of Sites Where Const Was Terminated, Including Crbr & Legal Analysis.Forwards App E Documents.App D & E Documents Available in Pdr.Photographs Also Available ML20095G7811984-08-22022 August 1984 Requests Response Re Resolution of 820604 Application for Fees & Expenses Under Equal Access to Justice Act.Payment Clearly Authorized by 5USC504(d)(1).No Issue Exists to Commission Granting Petition.Related Correspondence ML20084P3501984-03-14014 March 1984 Requests Response to Encl W & V Smelser 840210 Inquiry Into NRC Attitude Toward Utils.Concerns Include Marble Hill & Bailly Cancellation,Withdrawal of Util Application for Zimmer & Denial of License for Byron Facility ML20080R2831984-02-22022 February 1984 Requests Ruling on 820604 Application for Award of Attys Fees Under Equal Access to Justice Act in Light of Comptroller General 830929 Ruling.Related Correspondence ML20078F9881983-10-0505 October 1983 Requests Status Rept on Author Fee Petition ML20077N5691983-09-0909 September 1983 Requests Status Rept of Application for Award of Fees & Expenses Under Equal Access to Justice Act (Filed 15 Months Ago).Matter Delayed Well Beyond Reasonable Time for No Apparent Reason ML20072D6841983-06-0909 June 1983 Requests Status of Business & Prof People for Public Interest 820604 Application for Fees Under Equal Access to Justice Act ML20066H7941982-11-17017 November 1982 Forwards Final Rept on Completion of Site Restoration Program,Per ASLB 820506 Order ML20027D6631982-11-0202 November 1982 Forwards Notice of Final Insp to Be Conducted on 821116 Following Completion of Site Restoration Work,Per 820506 Order Terminating Proceedings on Extension of CPPR-104 ML20065H5221982-10-0101 October 1982 Forwards Notice of Site Insp to Be Conducted on 821018 in Conjunction W/Ongoing Restoration Work,Per ASLB 820506 Order Terminating Proceedings on Application for CP Extension ML20063L1511982-09-0101 September 1982 Forwards Second Rept on Progress of Site Restoration Plan, Per ASLB 820506 Order ML20058J5371982-08-0606 August 1982 Requests Comptroller General Opinion Re Availability of Funds to Pay Awards by Us Agency to Intervenors Under Equal Access to Justice Act (Eaja).Eaja Conflicts W/Nrc FY82 Appropriations Act ML20054L9191982-07-0606 July 1982 Informs That No Questions Eliminated Re Existence of ASLB to Rule on Application for Award of Fees & Expenses Since 820624 Notice of ASLB Reconstitution Issued ML20054K9751982-06-25025 June 1982 Forwards Evaluation of First Quarterly Rept Re Progress on Site Restoration.Util Made Reasonable Progress in Restoring Site.Evaluation Forwarded to Parties Per ASLB 820506 Order ML20054G5791982-06-18018 June 1982 Advises That NRC Will File No Response to Business & Prof People for Public Interest 820604 Application for Award of Fees Until Commission Secretary Renders Advice on Procedure to Be Followed & Schedule Established ML20053D2381982-06-0101 June 1982 Forwards Quarterly Progress Rept Re Site Restoration Plan, Per 820506 Order ML20053E5851982-06-0101 June 1982 Forwards Util Rept on Site Restoration Plan as of 820601 ML20052C6031982-04-29029 April 1982 Advises That Util Will Not File Objections &/Or Requested Mods to ASLB 820412 Memorandum & Order.Certificate of Svc Encl ML20050B5621982-03-30030 March 1982 Responds to NRC 820304 Ltr Re Natl Park Svc 811223 Ltr Commenting on Util Proposed Restoration Plan for Excavation Site.Procedures to Be Undertaken by Util for Sealing & Capping of Wells Adequately Address Concerns ML20049J5861982-03-11011 March 1982 Requests Status Rept on Util Implementation of Revised Restoration Plan ML20039D6151981-12-23023 December 1981 Comments on Facility Site Restoration Plan,In Response to NRC 811120 Ltr.Monitoring Wells Outside Excavation Necessary for Future Monitoring Should Not Be Capped ML20039A8461981-12-15015 December 1981 Comments on Facility Site.Site Endangers Safety of Wildlife & Welfare of Public ML20038B1611981-11-19019 November 1981 Forwards Revised Rept on Resolution of All Const Activities Undertaken at Bailly Site. Rept Incorporates NRC & Porter County Chapter Intervenor Comments ML20010G1211981-08-20020 August 1981 Forwards Spring 1981 Quarterly Rept,Bailly Nuclear-1 Site Encompassing Apr-June 1981. Contains Analyses & Interpretations of Data for Terrestrial & Aquatic Monitoring Efforts ML20010D1901981-08-17017 August 1981 Ack Receipt of 810813 Ltr Requesting Rescheduling of Osann Deposition.Lists Available Dates for Rescheduling.Related Correspondence ML20010B8491981-08-12012 August 1981 Forwards Well Charts for 810729-0805,Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings,Usgs Wells,Chart Recorder Calibr Results for 810805 & Rainfall Data for 810601-0731 ML20010B4131981-08-0606 August 1981 Responds to Rj Vollen 810803 Ltr Re 810731 Press Releases on Util Financial Repts.Qualified Audit Rept Will Be Available on or Before 810831.Press Release Encl ML19247E6511981-08-0404 August 1981 Continues Correspondence Re Const Dewatering & CP Extension for Facility.Requests Latest Info on CP Renewal Hearing, Including Official Orders Issued Since 800807 Order,Current List of Intervenors & All Interrogatories & Depositions ML20010B1271981-08-0303 August 1981 Forwards Well Charts for 810722-29 & Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings & USGS Wells for 810729 ML20009G9301981-07-31031 July 1981 Opposes Licensing of Facilities ML20009H4181981-07-31031 July 1981 Ack Receipt of Two 810724 Ltrs.Requests Addl Documents Responsive to Porter County Chapter Intervenors 810519 Second Request & 810609 Third Request for Production of Documents.Related Correspondence ML20009H4201981-07-31031 July 1981 Confirms That Rj Bohn Deposition Will Continue on 810814 & AP Severance Depositon Will Commence on 810821,per 810730 Telcon.Related Correspondence ML20009G3661981-07-29029 July 1981 Forwards Well Charts for 810715-22 & Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings & USGS Wells for 810722 ML20009G9751981-07-28028 July 1981 Opposes Licensing of Facilities ML20009E1881981-07-23023 July 1981 Forwards Well Charts for 810708-15 & Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings & USGS Wells for 810715 ML20009E0931981-07-21021 July 1981 Forwards Bohn Deposition Exhibit 2.W/o Encl ML20009E2121981-07-21021 July 1981 Forwards Proposed Agreement Per ASLB 810522 Memorandum & Order Granting Protective Order to Ge,For Review & Reply. Relevant Documents Available for Insp ML20009D4501981-07-21021 July 1981 Opposes Licensing of Facilities ML20009C0581981-07-15015 July 1981 Forwards Well Charts for 810701-08 & Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings & USGS Wells for 810708.Pen Off Paper for Well 14 ML20009B1701981-07-10010 July 1981 Package of Two Ltrs Opposing Licensing of Facilities ML20009B2171981-07-10010 July 1981 Responds to Generic Ltr 81-01, Qualification of Insp Exam & Testing & Audit Personnel. Util Commits to Comply W/Regulatory Positions Contained in Reg Guides 1.58 & 1.146 ML20009B7871981-07-0808 July 1981 Requests That ASLB Withhold State of Il 810623 Requested Subpoenas Until General Relevance of Testimony Demonstrated ML20009A9921981-07-0808 July 1981 Forwards Well Charts for 810624-0701 & Bailly Wells W/O Recorders,Pond Levels,Pneumatic Pressure Transducers,Water Meter Readings & USGS Wells for 810701 1993-04-12
[Table view] Category:EXTERNAL CORRESPONDENCE
MONTHYEARML20049J5861982-03-11011 March 1982 Requests Status Rept on Util Implementation of Revised Restoration Plan ML20010D1901981-08-17017 August 1981 Ack Receipt of 810813 Ltr Requesting Rescheduling of Osann Deposition.Lists Available Dates for Rescheduling.Related Correspondence ML20010B4131981-08-0606 August 1981 Responds to Rj Vollen 810803 Ltr Re 810731 Press Releases on Util Financial Repts.Qualified Audit Rept Will Be Available on or Before 810831.Press Release Encl ML20009H4201981-07-31031 July 1981 Confirms That Rj Bohn Deposition Will Continue on 810814 & AP Severance Depositon Will Commence on 810821,per 810730 Telcon.Related Correspondence ML20009E2121981-07-21021 July 1981 Forwards Proposed Agreement Per ASLB 810522 Memorandum & Order Granting Protective Order to Ge,For Review & Reply. Relevant Documents Available for Insp ML20009E0931981-07-21021 July 1981 Forwards Bohn Deposition Exhibit 2.W/o Encl ML20009B7951981-07-0808 July 1981 Ack Receipt of Ah Petersen,Fg Hiple & CR Kulawinski 810629 Notice of Depositions.Util Pending Motion Suggests Depositions Not Be Scheduled After 810731.Earlier Date Requested ML20008G1091981-06-24024 June 1981 Ack Receipt of Wh Eichhorn 810623 Response to Porter County Chapter Intervenors' 810615 Request for Documents Filed W/ NRC Per Generic Ltr 81-23.Requests Documents When & If Available.Related Correspondence ML20004F7691981-06-15015 June 1981 Requests That Any Repts from Facility Submitted to NRC Per Generic Ltr 81-23 Also Be Submitted to Porter County Chapter Intervenors.Related Correspondence ML20004F6351981-06-15015 June 1981 Informs That Wh Eichhorn Furnished Copy of Answers of People of State of Il to Licensee Second Set of Interrogatories. Requests Correction of Svc List Used by Il.Certificate of Svc Encl.Related Correspondence ML20004C6491981-05-29029 May 1981 Forwards Northern in Public Svc Co Latest Cost Estimate & Documents in Supplementary Response to Item 6(a) of Third Request for Production of Documents.Requests Prompt Return of Documents.Related Correspondence.W/O Encl ML19346A0531981-05-28028 May 1981 Poses Addl Questions Re Const Permit Extension to Obtain Info Omitted from First Set of Interrogatories.First Set of Answers Were Not Sufficiently Detailed.Related Correspondence ML20004B7021981-05-19019 May 1981 Responds to 810428 Ltr Re Motion to Compel Answers to Porter County Chapter Intervenors' First Set of Interrogatories to Util.Ltr Is Not Proper Substitute for Answer to Interrogatory ML19345H5851981-05-0707 May 1981 Ack Receipt of 810505 Ltr Demanding Documents.Documents Requested Will Be Delivered During Week of 810511.Two Documents Beyond Discovery Scope,One Proprietary Document & One Other Document Removed.Related Correspondence ML20008G1201981-05-0505 May 1981 Requests Prompt Delivery of Documents Per Porter County Chapter Intervenors Second & Third Requests to Produce Directed to Util ML20003J3781981-04-28028 April 1981 Discusses Concerns Re Util Answers to Porter County Chapter Intervenors' First Set of Interrogatories.Prefers Settling Differences W/O ASLB Ruling ML20126H9761981-04-10010 April 1981 Forwards Util 810410 First Set of Interrogatories Re Dewatering Effects on Lakeshore,Expert Witnesses to Be Called & Documents to Be Introduced Into Evidence or Used in cross-examination.Related Correspondence ML20126H9441981-04-10010 April 1981 Forwards Util 810410 First Set of Interrogatories Re Dewatering Effects on Lakeshore,Expert Witnesses to Be Called & Documents to Be Introduced Into Evidence or Used in cross-examination.Related Correspondence ML19345G8861981-04-0808 April 1981 Responds to 810403 Ltr Requesting Addl Info Re Production of Documents.All Documents Produced in Response to Paragraphs 9,10 & 11 Available for Insp.Page Count of Documents to Be Produced Not Available.Related Correspondence ML19347D9601981-04-0303 April 1981 Ack Receipt of 810325 Ltr.Requests to Be Informed of Possibility of Documents from Second Request & Quantity of Addl Info to Be Produced ML19345G5301981-03-25025 March 1981 Responds to 810313 Ltr Re Documents Identified in First & Second Requests for Production of Documents Per ASLB 801120 Order.Documents Tending to Prove or Disprove Any Assertion Not to Be Produced.Related Correspondence ML20003E2071981-03-13013 March 1981 Requests Production by 810406 of CP Extension Documents Requested in ASLB 801120 Discovery Order ML20003E2451981-03-13013 March 1981 Submits Formal Request That Listed Documents Be Produced on or Before 810406,per ASLB 801120 Order Re Discovery ML19347D2341981-02-18018 February 1981 Forwards Response to Util 801208 Ltr Re Site Groundwater Analysis.D'Appolonia Consulting Engineers Rept Criticizing USGS Contains Only Repetition of Known & Ack Methodology Limitations.Internal Doi Memos Encl ML19351G2761981-02-12012 February 1981 Forwards Sargent & Lundy 781030 Rept, Hydrogeologic Evaluation of Const Dewatering,Bailly Generating Station, Nuclear 1. Other Requested Documents Have Already Been Produced.Certificate of Svc Encl.W/O Rept ML20126E7471981-02-0505 February 1981 Ack Receipt of Re Comments on Dewatering Rept. Panel Completed Work.No Plans Made to Reconvene Group. Studies of Cowles Bog & Wetlands & Effects of Dewatering on Lakeshore Will Continue.Certificate of Svc Encl ML19344B3241980-08-12012 August 1980 Informs That Council Has Reviewed 800527 Ltr Re Application of NEPA Future Decisions Concerning Facility.Council Concludes That NRC Should Prepare & Circulate Suppl to EIS on CP Prior to Rendering Decision ML19309A5141980-03-21021 March 1980 Forwards Three Sargent & Lundy Repts & 780413,790629 & 0814 Ltrs,Re H-pile Foundations in Response to NRC Request.W/O Encl ML19322E7941980-02-29029 February 1980 Responds to Eichhorn 800227 Ltr.Arrangements Will Be Made Re Pick Up of Applicant Responses to Supplemental Petitions at Convenient Time.Certificate of Svc Encl 1982-03-11
[Table view] Category:EXTERNAL LETTERS ROUTED TO NRC
MONTHYEARML20049J5861982-03-11011 March 1982 Requests Status Rept on Util Implementation of Revised Restoration Plan ML20010D1901981-08-17017 August 1981 Ack Receipt of 810813 Ltr Requesting Rescheduling of Osann Deposition.Lists Available Dates for Rescheduling.Related Correspondence ML20010B4131981-08-0606 August 1981 Responds to Rj Vollen 810803 Ltr Re 810731 Press Releases on Util Financial Repts.Qualified Audit Rept Will Be Available on or Before 810831.Press Release Encl ML20009H4201981-07-31031 July 1981 Confirms That Rj Bohn Deposition Will Continue on 810814 & AP Severance Depositon Will Commence on 810821,per 810730 Telcon.Related Correspondence ML20009E2121981-07-21021 July 1981 Forwards Proposed Agreement Per ASLB 810522 Memorandum & Order Granting Protective Order to Ge,For Review & Reply. Relevant Documents Available for Insp ML20009E0931981-07-21021 July 1981 Forwards Bohn Deposition Exhibit 2.W/o Encl ML20009B7951981-07-0808 July 1981 Ack Receipt of Ah Petersen,Fg Hiple & CR Kulawinski 810629 Notice of Depositions.Util Pending Motion Suggests Depositions Not Be Scheduled After 810731.Earlier Date Requested ML20008G1091981-06-24024 June 1981 Ack Receipt of Wh Eichhorn 810623 Response to Porter County Chapter Intervenors' 810615 Request for Documents Filed W/ NRC Per Generic Ltr 81-23.Requests Documents When & If Available.Related Correspondence ML20004F7691981-06-15015 June 1981 Requests That Any Repts from Facility Submitted to NRC Per Generic Ltr 81-23 Also Be Submitted to Porter County Chapter Intervenors.Related Correspondence ML20004F6351981-06-15015 June 1981 Informs That Wh Eichhorn Furnished Copy of Answers of People of State of Il to Licensee Second Set of Interrogatories. Requests Correction of Svc List Used by Il.Certificate of Svc Encl.Related Correspondence ML20004C6491981-05-29029 May 1981 Forwards Northern in Public Svc Co Latest Cost Estimate & Documents in Supplementary Response to Item 6(a) of Third Request for Production of Documents.Requests Prompt Return of Documents.Related Correspondence.W/O Encl ML19346A0531981-05-28028 May 1981 Poses Addl Questions Re Const Permit Extension to Obtain Info Omitted from First Set of Interrogatories.First Set of Answers Were Not Sufficiently Detailed.Related Correspondence ML20004B7021981-05-19019 May 1981 Responds to 810428 Ltr Re Motion to Compel Answers to Porter County Chapter Intervenors' First Set of Interrogatories to Util.Ltr Is Not Proper Substitute for Answer to Interrogatory ML19345H5851981-05-0707 May 1981 Ack Receipt of 810505 Ltr Demanding Documents.Documents Requested Will Be Delivered During Week of 810511.Two Documents Beyond Discovery Scope,One Proprietary Document & One Other Document Removed.Related Correspondence ML20008G1201981-05-0505 May 1981 Requests Prompt Delivery of Documents Per Porter County Chapter Intervenors Second & Third Requests to Produce Directed to Util ML20003J3781981-04-28028 April 1981 Discusses Concerns Re Util Answers to Porter County Chapter Intervenors' First Set of Interrogatories.Prefers Settling Differences W/O ASLB Ruling ML20126H9761981-04-10010 April 1981 Forwards Util 810410 First Set of Interrogatories Re Dewatering Effects on Lakeshore,Expert Witnesses to Be Called & Documents to Be Introduced Into Evidence or Used in cross-examination.Related Correspondence ML20126H9441981-04-10010 April 1981 Forwards Util 810410 First Set of Interrogatories Re Dewatering Effects on Lakeshore,Expert Witnesses to Be Called & Documents to Be Introduced Into Evidence or Used in cross-examination.Related Correspondence ML19345G8861981-04-0808 April 1981 Responds to 810403 Ltr Requesting Addl Info Re Production of Documents.All Documents Produced in Response to Paragraphs 9,10 & 11 Available for Insp.Page Count of Documents to Be Produced Not Available.Related Correspondence ML19347D9601981-04-0303 April 1981 Ack Receipt of 810325 Ltr.Requests to Be Informed of Possibility of Documents from Second Request & Quantity of Addl Info to Be Produced ML19345G5301981-03-25025 March 1981 Responds to 810313 Ltr Re Documents Identified in First & Second Requests for Production of Documents Per ASLB 801120 Order.Documents Tending to Prove or Disprove Any Assertion Not to Be Produced.Related Correspondence ML20003E2071981-03-13013 March 1981 Requests Production by 810406 of CP Extension Documents Requested in ASLB 801120 Discovery Order ML20003E2451981-03-13013 March 1981 Submits Formal Request That Listed Documents Be Produced on or Before 810406,per ASLB 801120 Order Re Discovery ML19347D2341981-02-18018 February 1981 Forwards Response to Util 801208 Ltr Re Site Groundwater Analysis.D'Appolonia Consulting Engineers Rept Criticizing USGS Contains Only Repetition of Known & Ack Methodology Limitations.Internal Doi Memos Encl ML19351G2761981-02-12012 February 1981 Forwards Sargent & Lundy 781030 Rept, Hydrogeologic Evaluation of Const Dewatering,Bailly Generating Station, Nuclear 1. Other Requested Documents Have Already Been Produced.Certificate of Svc Encl.W/O Rept ML20126E7471981-02-0505 February 1981 Ack Receipt of Re Comments on Dewatering Rept. Panel Completed Work.No Plans Made to Reconvene Group. Studies of Cowles Bog & Wetlands & Effects of Dewatering on Lakeshore Will Continue.Certificate of Svc Encl ML19344B3241980-08-12012 August 1980 Informs That Council Has Reviewed 800527 Ltr Re Application of NEPA Future Decisions Concerning Facility.Council Concludes That NRC Should Prepare & Circulate Suppl to EIS on CP Prior to Rendering Decision ML19309A5141980-03-21021 March 1980 Forwards Three Sargent & Lundy Repts & 780413,790629 & 0814 Ltrs,Re H-pile Foundations in Response to NRC Request.W/O Encl ML19322E7941980-02-29029 February 1980 Responds to Eichhorn 800227 Ltr.Arrangements Will Be Made Re Pick Up of Applicant Responses to Supplemental Petitions at Convenient Time.Certificate of Svc Encl 1982-03-11
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EXECUTIVE OFFICE OF THE PRESIDENT
- COUNCIL ON ENVIRONMENTAL QU ALITY 722 JAcMSON PLACE. N W.
WASHtNGToN. D. C. 20006 *-
August 12, 1980 , ,
m Honorable Tyrone C. Fahner E- A'3 g C
Attorney General C ONg af kg 9 Staee of Illinois DC3;;27..t;,;- ;,7 g# th gE.
I Chicago, Ill. 60601 Pfl0D.a U JL,A g , Q g g fj.
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Dear Attorney General Fahner:
The Council has reviewed your office's letter, dated May 27, 1980, regarding the application of the National Environmental Policy Act
("NEPA") to the future decisions concerning the Bailly Generating Station, Nuclear-1 ("Bailly-1").
Our review of the matter indicates that the initial construction permit for Bailly-1 was issued on May 1, 1974. Since that time virtually no construction has taken place, and the construction permit has expired.
Pursuant to the intent of the Atomic Energy Act, unless the permit is extended by order of the Nuclear Regulatory Commission ("NRC"), the Northern Indiana Public Service Company ("NIPSC0") will forfeit all rights to construct Bailly-l.
Your office has suggested that there have been certain significant new developments since the final EIS on Bailly-l's construction permit was issued in 1973, such as:
- 1. The issuance of WASH-1400, The Reactor Safety Study (October, 1975) and its reevaluation by H. Lewis' Risk Assessment Review Group in NUREC/CR-0400 (1978).
- 2. The accident at Three Mile Island and the subsequent studies of the accident, including the Report by the President's Commission on The Accident At Three Mile Island, and the report of the Special Inquiry Group to the Nuclear Regulatory Commission.
- 3. The September 26, 1979, NRC memorandum from R. W. Houston, Chief of the NRC's Accident Analysis Branch, to Daniel P. Muller, Acting Director of the NRC's Division of Site Safety and Environ-mental Analysis, indicating that the Bailly-1 facility failed to meet proposed siting criteria contained in the report of the NRC Siting Policy Task Force (NUREG-0625)(1979).
- 4. The Council's letter of March 20, 1980, to the NRC and the Council's report entitled, NRC's Environmental Analysis of Naclear Accidents: Is it Adequate?
In our letter of March 20, 1980, we urged the Commission to move quickly to revise its policy on accident analysis in environmental impact state- g ments. The review of NRC EISs by the Environmental Law Institute for gO 9g \ 1 8U08260 gg g
2 the Council had revealed that none of the EISs prepared to date by the NRC for land based reactors has included an analysis of what were formerly known as " Class 9" or worst case accidents. We stated our conclusion that the NRC's new accident analysis policy should require discussion in EIS's of the environmental and other consequences of the full range of accidents that might occur at nuclear reactors, including core melt events. Such analyses.we noted, could improve the Commission's siting, design, licensing, and emergency planning decisions.
On June 13, 1980, the Commission published a new Interim Policy for the consideration of environmental consequences of nuclear accidents under NEPA. The NRC concluded that there is a need to include in EISs a dis-
! cussion of the " site specific environmental impacts attributable to l accident sequences that lead to releases of radiation and/or radioactive materials, including sequences that can result in the . . . melting of the reactor core." 45 Fed. Reg. 40101. The Interim Policy was ambiguous on whether supplements must be prepared for existing EISs that have already been issued for construction permits. However, the Commission stated:
". . . it is the intent of the Commission that the staff take steps to identify additional cases that might warrant early consid-eration of either additional features or other actions which would prevent or mitigate the consequences of serious accidents. Cases for such consideration are those for which a Final Environmental Statement has already been issued at the Construction Permit stage but for which the Operating License review stage has not yet been reached." 45 Fed. Reg. 40101, 40103.
The NRC acknowledged that substantive changes in plant design features as a result of such analyses "may be more easily incorporated in plants when construction has not yet progressed very far." Id.
As indicated in the memorandum enclosed with this letter from our General Counsel's Office, in determining whether to act to extend NIPSCO's construction permit, the NRC's responsibilities under the Atomic Energy Act are supplemented by the National Environmental Policy Act. NEPA requires the NRC to consider environmental factors to the fullest extent possible in its new decision about Bailly-l. The Council is of the view that for this decision, the NRC may simply adopt all or portions of its I prior final EIS pursuant to 40 CFR $1506.3 and prepare a supplement dealing with the developments indicated above. Consideration of this new infor=ation might indicate, among other things, the need to modify plant design, select an alternative site, implement certain emergency preparedness measures, or reconsider the construction permit altogether.
As stated by the U.S. Court of Appeals for the Second Circuit:
"Although an EIS may be supple =ented, the critical agency decision must, of course, be made after the supplement has been circulated,
3 considered and discussed in the light of alternatives, not before.
Otherwise, the process becomes a useless ritual, defeating the purpose of NEPA, and rather making a mockery of it." NRDC v.
Callaway, 524 F.2d 79, 92 (2d Cir., 1975).
In summary, the Council has concluded that the NRC should prepare and circulate a supplement to the EIS on the Bailly-1 construction permit prior to rendering a decision on the pending request for a permit extension. The NRC must also issue a record of its new decision in compliance with 40 CFR 51505.2.
By a copy of this letter, we are providing our conclusions on this issue to the NRC and NIPSCO.
Sincerely, GUS SPETH Chairman Enclosure cc: Members of the Commission President of NIPSCO
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