ML20009H237
| ML20009H237 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 08/03/1981 |
| From: | Osann E, Vollen R PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M. |
| To: | NORTHERN INDIANA PUBLIC SERVICE CO. |
| References | |
| NUDOCS 8108070083 | |
| Download: ML20009H237 (16) | |
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MLATEu coluGSPONDE9CF UNITED STATES OF AMERICA O 'hpS NUCLEAR REGULATORY COMMISSION p ,
,e BEFORE THE ATOMIC SAFETY AND LICENSING BOARD b-
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\o@,, 9 In the Matter of b I NORTHERN INDIANA PUBLIC ) Docket No. 50-36]
SERVICE COMPANY ) (Construction Pertnit '
Extension)
(Bailly Generating Station, )
Nuclea r- 1) ) , of
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3 ANSWERS AND OBJECTIONS OF PORTER COUNTY CHAPTER OF THE IZAAK WALTON LEAGUE OF [gg_
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AMERICA, INC.; CONCERNED CITIZENS AGAINS - gg -5 BAILLY NUCLEAR SITE; BUSINESSFEN FOR THE ' ' n DC PUBLIC INTEREST, INC . ; JAFES E . NEUMAN % E.
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- . 8@' ,6 AND MILDRED WARNER TO NIPSCO'S TH1 dD SETS ' /,
0F INTERROGATORIES co 2 a) e Porter County Chapter of the Izaak Ualton League of America, Inc.; Concerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc . ; J amc s E . Newman and Mildred Warner, by their attorneys and agent, each hereby answer and object to NIPSCO's Third Set of Interrogatories directed to each of them. NIPSCO provided the identical interrogatories to each of these parties and the answers and objections of each are identical. Therefore, this one document is being submitted on behalf of all five parties, who are sometimc' hereinafter referred to collectively at "PCCI". Each of these answers is based upon such information as is known to the answering parties, their attorneys, and their agent as of the date hereof and is subj ect to change as further or other informntion becomes ,
available through discovery or otherwise. go3 5
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8108070083 810803 PDR ADOCK 05000367 G PDR
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28(a). The specific adverse impacts will be a function of the specific periods and levels of construction dewatering, which are not known to us. However, at least those it acts which are specified in Porter County Chapter Intervenors' Contention 4 and in the Answers of Porter County Chapter of the Izaak Ualton League of America, Inc.; Concerned Citizens Against Bailly Nuclear Si te ; Businessmen for the Public Interest, Inc.; James E. Newman and Mildred Warner to N1PSCO's Second Sets of Interrogatories in response to Interrogatory 21(b), at pp. 7-8 are threatened from any extended period of construction dewatering.
(b) Yes.
29(a). The " point (s) of introduction" are those points of introduction described in N1PSCO's mitigation plan.
(b) Those water levels within the interdunal ponds and Cowles' Bog basin, and ground water table levels within the Indiana Dune's National Lakeshore, which would have existed had there been no l excavation at the Bailly site, no dewatering of the Bailly site, I
L no effec' sf ash pond seepage, no effects of ash pond sealing and no ou r impacts resulting from activities of NIPSCO.
! (c) A " dry excavation" is an excavation in which the water table is sufficiently below the lowest elevation of the excavation j to pernit construction.
l (d) Our current understanding of the " depth needed" is that depth testified to by Herbert Read during the Bailly construction
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permit proceeding, which testinony was based upon drawings supplied by NIPSCO.
(e) That length of time during which dewatering will be carried out beyond the amount of time during which NIPSCO had represented in the construction permit proceeding dewateri.,g would be carried out.
( f) (1) All areas of the Indidna Dunes National Lakeshore, with :he possible exception of the Hoosier Prairie and Pinhook Bog areas.
(2) Our knowledge and understanding of the hydraulic connections and/or relationships between the Bailly site and all areas of the Indiana Dunes National Lakeshore.
(3) Those water levels which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site, no affects of ash pond scenage, no effects of ash pond sealing and no other impacts resulting from activities of NIPSCO.
(4) The basis for determining the " natural water levels" iden-tified in the answer to Interrogatory 29(f)(3) is our position that
" natural water levels" are those which would have occurred in the absence of any NIPSCO activities at the Bailly site.
(g)
Yes.
30(a). (1) Those interdunal pond levels which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site , no effects cf ash pond seepage, no effects of ash pond sealing and no other impacts resulting from activities of NIPSCO.
1 (2) All natural interdunal pond levels with the possible exception of those of the Hoosier Prairie and Pinhook Bog hreas.
(3) The basis for determining the " natural interdunal pond ... levels" identified in the answer to Interrogatory 30(a)(2) is our position that the natutal wetland levels are those which would have occurred in the absence of NIPSCO activities at the Bailly site.
, (b) (1) Those wetland levels which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site, no effects of ash pond seepage, no effects of ash pond sealing and no other impacts resulting from activities of NIPSCO.
(2) All natural wetland levels with the possible exception of those of the Hoosier Prairie and Pinhook Bog areas.
(3) The basis for determining the " natural . . wetland levels" identified in the answer to Interrogatory 30(b)(2) is our position that the natural wetland levels are those which would have occurred in the absence of NIPSCO activities at the Bailly site.
(c) (1) Those water table levels which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site, and in the absence of any effects of ash pond seepage and of ash pond sealing and of any other impacts result-ing from activities of NIPSCO.
(2) All natural water table levels with the possible exception of those in the lioosier Prairie and Pinhook Bog areas.
(3) The basis for determining the " natural water levels"
- identified in the answer to Interrogatory 30(c)(2) is our position that the natural water levels are those which would have occurred in the absence of NIPSCO activir.ies at the Bailly site.
(d) (1) We do not know.
(2) We do not know.
d (3) We do not know.
(e) (1) We do not know.
(2) We do not know.
(3) We do not know.
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(f) (1) The water table levels will be different from what the natural water table levels would have been without NIPSCO's activities at the Bailly site. Some of the additional probable environmental consequences are described in PCCI Contention 4 and in our response to Interrogatory 21(b)
(2) The interdunal pond levels will be different from what !
l the natural interdunal pond levels would have been without NIPSCO's j activities at the Bailly site. Some of the additional probable environmental consequences are described in PCCI Contention 4 and i in our response to Ir ;rrogatory 21(b) .
(3) The wetland levels will be different from wha't the natural wetland levels would have been without NIPSCO's activities at the Bailly site. Some of the additional probable environmental consequences are described in PCCI Contention 4 and in our
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response to Interrogatory 21(b) .
(g) The impacts described in PCCI Contention 4 and our answer to Interrogatory 21(b'.,
(h) The impacts described in PCCI's Contention 4 and in our answer to Interrogatory 21(b).
(i) Our legal position; the knowledge, opinions and observations of Herbert P. Read; Joint In te rve no rs ' evidence during the construction permit proceeding; Report on the Special Vegetation of the Indiana Dunes National Lakeshore, NPS Report 80-01; Final Panel Report " Effects of Dewatering on the IDNL", dated November 26, 1980.
31(a). Those secsonal cycles which occur naturally.
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(b) Those water levels which alledgedly would be achieved under NIPSCO's proposed replacement program.
(c) The basis is NIPSCO's proposed water replacement program which, from the information presently known to us does not assure that the water levels in the Indiana Dunes National Lakeshore will rise and fall consistent with, and coinciding with, the seasonal rises and falls which would have occurred naturally in the abseace of any construction activity by NIPSCO.
32(a). We do not know the characteristics of the proposed replace-ment water. Ilovever, the removal of groundwater results in a change in the characteristics of the remaining water, no twiths tanding the characteristics of the replacement water. Fur the r, even if the water. removed from the excavation is used as replacement water, it would have different characteristics than the natural water of the interdunal ponds, bogs, and groundwater of the Indiana Dunes National Lakeshore.
(b) No . response is required in view of our response to Inter-rogatory 32(a).
33(a). That water within the interdunal ponds and Cowles' Bog basin, and groundwater within the Indiana Dunes National Lakeshore, which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site, no effects of ash pond seepage, no effects of ash pond seali:,g, and no other impacts resulting from activities of NIPSCO.
(b) We do not know.
(c) We do not know.
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'd) We do not know the flow rate of the replacement water, but we contend that the replacement water and its flow rate will differ from the natural water and its flow rate.
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(e) No answer is required in view of our answer to 33(d) .
(f) No answer is required in vies of our answer to 33(d).
(g) It is not fully understood by the scientific community why water in a depression will become an alkaline marsh on one hand, or an acid bog on the other, because all of the natural processes which result in a bog-type environ are not known. The degree of circulation is another of the known natural processes.
34(a). Temperature, chemical makeup, pH, amount and type of suspended and dissolved sclids, degree of aeration, the existence or absence of any element or compound, bacteria types and levels, benthos analysis, specific conductance, sulphate, anions, cations, nutrients, minerals, chlcrides, fluorides, bicarbonates, ammonia, nitrates, trace elements, hardness, salts, minerals and nutrients, including the identification of all of the substances.
(b) All characteristics.
(c) Tempe rature , chemical makeup, pH, amount and ty'pe of suspended and dissolved solids, degree of aeration, the existence l or absence of any element or compound, bacteria types and levels, benthos analysis , specific conductanc e, sulphate , anions , cations, 1
l nutrients, minerals, chlorides, fluo ides, bicarbonates, ammonia, nitrates, trace elements, hardness,ealts, minerals and nutrients, including the identification of all of the substanc es.
(d) All characteristics. .
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. 1 (e) Temperature, chemical makeup, EpH, amount and type of suspended and dissolved solids, degree of aeration, the existence or absence of any element or compound, bacteria types and levels, benthos analysis,, specific conductance, sulphate, anions, cations, nutrients, minerals, chlorides, fluorides, bicarbonates, ammonia, nitrates, trace elements, hardness, salts, minerals and nutrients, including the identification of all of the substances.
(f) All characteristics.
(g) We do not know.
35(a). This quoted phrase is from Contention SD, not SE as stated in note */ on p. 11 of each of NIPSCO's sets of interrogatories.
We do not know the precise rates, but we do know that it will be
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different from th. natural rate of groundwater novement.
(b) That groundwater which would have existed had there been no excavation at the Bailly site, no dewatering of the Bailly site, no effects of ash pond seepage, no effects of ash pond sealing, and no othdr impacts resulting from activities of NIPSCO.
(c) We are unable to answer the interrogatory because we do not know the characteristics of the water as it presently exists, nor do we know the characteristics of the water which NIPSCO plans to introduce into the system, nor do we know the characteristics i
i of the water as it existed in its ' natural state be fore NIPSCO's i
i construction activities at the Bailly site.
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l 36(a). The recent study referred to in Contention SE is USGS l report 78-138, " Effects of Seepage from Fly-Ash Settling Ponds and Construction Dewatering on Ground-water Levels in Cowles I
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Unit, Indiana Dunes National Laiteshore , Indiana" (Meyer and Tucci).
Insofar as the interrogatory seeks a listing of studies relied upon or referred to in drafting Contention SE, it is objectionable on the grounds that it seeks information as to the work product and mental processes of the attorneys for Porter County Chapter Intervenors who drafted the contention and on the 3round that information about the process of " drafting" a contention is irrelevant.
(b) Those sections titled " Geology", "Vartical Movement Between Units 1 and 3", "Model Simulater of Construction Dewatering",
" Summary and Conclusions".
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aquifer tererred to in USGS reports78-138 and 80-1105 as " Unit 3". Ue are presently unable to describe the precise
" location,' depth, and physical dimensions" of Unit 3.
(b) One of the direct connections is in the white cedar area of the spring mire within the Cowles Bog basin, also known as the Great Marsh. There are others along the northern edge of the Cowles " Bog basin and elsewhere within the Great Marsh complex, the e vidence of which may have disappeared due to NIPSCO's interference with the groundwater system.
(c) Dewatering will decrease the hydraulic head, or lower the upward pressure , of the water in Unit 3. We do not know the rate of dewatering which NIPSCO claims will be necessary, nor the rate of dewatering which actually would be necessary if MIPSCO is permitted to engage in dewatering, and therefore we cannot answer the remainder of the Interrogatory
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(d) Removal of water from the aquifer will reduce the inflow of water from Unit 3 to Unit 1, including the Cowles' Bog area, reduce the upward pressure in the " Spring Mire" portion of the Bog, and make the Indiana Dunes National Lakeshore drier than it would have been'had no water been removed from the aquifer. Some additional environmental consequences are described in our Contention 4 and in our answer to NIPSCO's Interrogatory 21(b) .
- 38. Objection. Contention 5 was formulated by the attorneys for Porter County Chapter Intervenors . The Interrogatory seeks information as to the work product and mental processes of those attorneys in drafting a contention. Moreover, information about the process of " formulating" a contention is irrelevant.
- 39. Objection. Contention 5 was formulated by the attorneys for Porter County Chapter Intervenors . The Interrogatory seeks information as to the mental processes and work product of those cttorneys. Moreover, information concerning the process of
" formulas ng" a contention is irre le van t'.
- 40. To the best of our recollection, the documents specifically referred to ur relied upon are the following: "Ef fects of Seepage From Fly-Ash Settling Ponds and Construction Dewatering on Ground-Water Levels in :he Cowles Unit, Indiana Dunes National Lakeshore, Indiana" USGS78-138; " Reassessment of the Effects of Construction Dewatering on Groundwater Levels in the Cowles Unit, Indiana Dunes National Lakeshore, Indiana," USGS 80-1105;
" Final Panel Report ' Effects of Dewatering on the Indiana Dunes National Lakeshore,'" U.S. Department of the Interior National Park forvice, Nevember 26, 1980, Joint Intervenors' testimony in Bailly construction permit proceeding; "How the Bailly
Nuclear Plant Could Dry Up the Dunes National Lakeshore" (Lake Michi-gan Federation, March 1980);" Report on the Special Vegetation of the Indiana Dunes National Lakeshore',' NPS Report 80-01; " Relationship Between Some Physical Properties and the Vegetation Found in Cowles BogNatio$alLandmark, Indiana" (Paper presented at the Second Conference on Scientific Research in the National Parks, 26-30 Nov-embe r 19 79, San Francisco, California) ; " Soil Parameters Used in USGS Report 78-138" (D'Appolonia, May 1980); NIPSCO nemo dated June 22, 1977, Attn: Russell J. Bohn re interdunal pond levels and makeup criteria.
- 41. In addition to the attorneys for Porter County Chapter Inter-venors, the following person was consulted:
(a) Herbert P. Read (b) 70 East State Park Boundary Road, Chesterton, Indiat.a 46304; (c) Chicago Housing Authority; Senior Engineer, Construction; (d) Each interrogatory; (e) technical, historical and observational information and aid.
DATED: Auguer 3, 1981 Porter County Chapter of the Izaak Walton League o f America, Inc.;
Concerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.; James E.
Newman and Mildred Unrner by: A"-
Robert J. Vollen Edward W. Osann, Jr., age..tIf Jane M. Whicher ach of the above parties e/o BPI 109 North Dearborn R bert J. Vollen Suite 1300 Jane M. Whicher Chicago, Illinois 60602 -,
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(312) 641-5570 l~
by:
Robert J. Vo'lle n , one of the attorneys for each of the above parties
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AFFlRMATION I,_ Edward W. Osann, Jr. , hereby affirm that I am an attorney for Porter County Chapter c f the Izaak Walton League of Americe Inc.; Concerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.; James E. Newman and Mildred Warner; that I- have the authority as agent for each of those parties to s ubmit their respective answers to Northern Indiana Public Service Company's Third Set of Interrot atories to Porter County Chapter of the Izaak Walton League of America, Inc.; Northern Indian,a Public Serrice Company's Third Set of Interrogatories to Concerned Citizens Against Bailly Nuclear Site; Nortnern Indiana Public Service Company's Third Set of Interrogatories to Businessmen for the Public Interest, Inc. ; Northern Indiana Public Service Company's Third Set of Interrogatories to James E. Newman; and Northern Indiana Public Service Company's Third Set of Interrogatories to Mildred Warner, ,
dated June 22, 1981, and do so as agent; that I have read the fore-going Answers and Objections of Porter County Chapter of the Izaak Walton League of America, Inc. ; Concerned Citiz, ens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.;
James E. Newman and Mildred Warner to NIPSCO's Third Sets of Interrogatories and have conferred with other attorneys for these
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a parties concerning them and that they are true and correct to the best of ng kr.?wledge and beliet drt/ f .
Edward W. Osann, Jr., as[ agent Robe rt J. Vollen Jane M. Whicher 109 North Dearborn Suite 1300 Chicago, Illinois 6C602 Attorneys for Porter County Chapter Intervenors
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BPI ---
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Business and Professional People for the Public Interest 109 North
Dearborn Street. Suite 1300 Chicago,
Illinois 60602 Te' ^ phone: (312) 641-5570
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CN 2 AUG S 1981 > z A'
Mr. William H. Eichhorn, Esq. ' cmc Nd &--.%.j-F; J; Eichhorn, Eichhorn & Link 3 &nd s 5243 Hohman Avenue O Hammond, Indiar.a 46320 4, -.a RE: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1)
Dacket No. 50-367 (Construction Permit Extension) ,
Dear Bill:
According to news reports appearing on August 1, 2 , and 3, 1981 in at leas t the Chicago Tribune, the Wall Street Journal, and the Gary Post-Tribune, N1PSCO has released new financial reports 'which apparently have been qualified because of the status of the Bailly plant. We would appreciate your furnishing to us copies of such financia' statements at your earliest convenience.
Ve ry truly yours,
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Robert J. Vollen One of the Attorneys for Porter County Chapter Intervenors RJV: beg cc: Service List b or _,.,. Jame. . .sm., -a, e,,, s. . _ .. s a,, _,_s g JOh4 C BaOPmaq Martin Haggman A!ewander Pohuff g Ju2 tan Berman Fh,nenCa HettPf A'esare }er FV6cff Affome A The -
HufWph S Hav" f ent,ve Onecto, Haugmg Agenda Ceco C Gute Peter Hunt Jeremy Wanta.n f uso o,annt. L s.,mt,.r George Coh n A
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E m,Li,verne,J oe amn .'rtes James A '# c.ru o.m s.m<s., "'f2 J fc*- -
b o ,m rector or tw,etcoment a om g Dora Wariares Lws E Diat Peret Joseph Kenrwy, H u Seger f xnsf ass W Cauel. Jr t wce Pres
- dents Caro 4 Y Faraen Edeot Lenm,,n ceni J fro, Ccmmuneft fenpment M o'r Gado*ar James g,gf 1 Steve Forer Aa herre Larntwt 4: tert J w a i hear +t't t Lassw Hg eard P K4 mart Leon D Finney ,
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- dents 7;pcrer3ry OPMefd OO#dO" OMier A Ne'$d MI M Fil Gordon ($ 9 erm e E l ICT Lehftlan
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- N Y A, REISfED C01U1ESPO.NDENCI-t\
UNITED STATES OF AMERICA AUG 7 ~5198f >
NUCLEAR REGUI.ATORY COMMISSION ~ )I 3'
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ro . .tJ
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NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Bailly Generating Station, ) Extension) i Nuclear-1:. )
CERTIFICATE OF SERVICE I hereby certify that I served copies of:
Answers and Objections of Porter County Chapter of the Izaak Walton League of America, Inc.; Concerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.; James E. Newman and Mildred Warner to .
NIPSCO's Third Sets of Interrogatories;'and letter to William H. Eichhorn from Robert J. Vollen, dated August 3, 1981 on all persons on the attached service list, by causing them to be deposited in the U.S. mail, first class postage prepaid, on this 3rd day of August, 1981. ,
i DATED: August 3, 1981 Robert J. Vollen
! Jane M. Whicher i
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Jane M. Whicher Robert J. Vollen Attorneys for Porter County Chapter Jane M. Whicher Intervenors c/o BPI 109 North Dearborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570
SERVICE LIST Herbert Grossman, Esq. Gecrge & Anna Grabowski Administrative Judge 3820 Ridge Road Atomic Safety & Licensing Highland, Indiana 46322 Board,fanel U.S. Nuclear Regulatory Dr. George Schultz Commission 807 E. Coolspring Road Washington, D.C. 20555 Michigan City, Indiana 46360 Dr. Dobert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Mr. Mike Olszanski Mr. Clifford Mezo Local 1010 - United Steelworkers Dr. J. Venn Leeds of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East Chicago, Indiana 46312 Houston, Texas 77096 Stephen H. Lewis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission
- iaurice Axelrad, Esq. Washington, D.C. 20555 Kathleen Shea, Esq.
Lowenstein, Newman, Reis, Anne Rapkin, Asst. Attorney General Axelrad and Toll John Van tranken, Environmental 1025 Connecticut Ave., N.W. Control Division
'Jas hington, D . C . 20036 188 W. Randolph - Suite 2115 .
Chicago, Illinois 60601 William H. Eichhorn, Esq.
Eichhorn, Eichhorn & Link Docketing & Setvice Section (3) 5243 Hohman Avenue Office of the So~cretary Hammond, Indiana 46320 U.S. Nuc'l' ear Regulatory Cc aission Washington, D.C. 20555 Diane B. Cohn, Esq. .
William P. Schultz, Esq. Stephen Laudig, Esq.
Suite 700 21010 Cumberland Road 2000 P Street, N.W. Noblesville, Indiana 46060 Washington, D.C. 20036 Atomic Safety & Liet.ising 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
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