ML19339A781

Petition to Intervene as Interested State in OL Proceedings. States Interest & Reserves Right to Submit Issues to Be Litigated.Certificate of Svc & Notice of Filing Encl

ML19339A781
Person / Time
Site:	Clinton
Issue date:	10/29/1980
From:	Fahner T, Neuman R, Sekuler S, Willman P ILLINOIS, STATE OF
To:	NRC COMMISSION (OCM)
References
NUDOCS 8011050211
Download: ML19339A781 (7)

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• QC.L3 b&. rY, 0 NUCLEAR-REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPArY, SOY- )

LAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) '

) Docket Nos. 50-461 i ) 50-462 Operating Licenses for )

Clinton Power Station, Units )

1 and 2 )

PETITION FOR LEAVE TO INTERVENE The PEOPLE OF THE STATE OF ILLINOIS (Illinois), by TYRONE C. FAHNER, Attorney General of the State of Illinois, move the United States Nuclear Regulatory Commission (the Commission) for leave to intervene with respect tc the Commission's consideration of issuing facility operator licenses to Illinois Power Company, et al. (the Applicants) , which would authorize them to possess, use and operate Clinton Power Station, Units 1 and 2.

This petition is filed pursuant to the Commission's Rules of Practice for Domestic Licensing Proceedings, 10 C.F.R. 52.715(c) (1980), and to 45 Fed. Reg. . 64,307 (1980).

Illinois requests that the Commissicn grant a hearing on this application and that it and any other interested individuals and organizations be allowed to participate fully in such proceedings.

These requests are made pursuant to 42 U.S.C. 52239 and such

- other statutes and regulations as may be applicable. The facts that constitute the basis'for this Petition are as follows: ,

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INTEREST CF ILLINOIS The People of the State of Illinois are citizens of a state of the United States, and are represented in this action by Tyrone C. Fahner, Attorney General of the State of Illinois, who i

represents the-People of the State of Illinois in all cases in which they are interested. Illinois Constitution of 1970, Art. V, Sec. 15; Ill.Rev. Stat., ch. 14, par. 4 (1979).

Illinois has a substantial interest in the application 1

in.that:

A. Clinton Power Station, Units 1 and 2 (the Station) , is located in Harp Township, DeWitt County, in the midst of a populated 4

area in east-central Illinois. The cities of Bloomington-Normal, Champaign-Urbana, Decatur and Springfield, each of which has a population ranging from 60,000 to 100,000 people, are all within forty miles of the Station. Illinois has the responsibility for the health and safety of these citizens. Thus, Illinois has an interest in the instant proceedings because operation of the Station may expose these citizens to unreasonable health and safety J

hazards.

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B. Illinois has no assurance that the Station will be operated in a safe manner. At various times since at.least 1978 representatives of the Commission's Office of Inspection and Enforcement have inspected the Station and discovered that certain activities there were not in compliance with the Commission's t

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requirements and the Applicant's design plans. These investi-gations have uncovered problems that raise questions of whether the operation'of the Station will affect public health and safety.

1 C. Illinois questions whether there is need for the 1 d

electricity to be supplied by-the Station. There is uncertainty ,

j about the future demand of electricity by the citizens to be served by the Applicants. In general, the actual growth rate in 1

l electricity demand in Illinois has been lower than what has been

! forecast by the electric utility industry. Illinois has a sub-stantial interest in making sure that the electric supply matches li

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the reasonable energy needs of its citizens.

D. Illinois quections the Applicant's financial capability 1 to finish construction and maintain operation of the Station.

Illinois is concerned about - the costs that may be borne by its

! citizens for the operation of the Station. The Station already has been subject to cost overruns in construction. Illinois has an interest in assuring that the costs of operation to its citizens  ;

are reasonable and fair.

E. Therefore, Illinois has an interest in participating l .

in the instant proceeding and hearing. as regards Clinton Power Station, Units 1 and 2.

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EESERVATIONS 4

I In accord with;the specifications of the notice of this application for: facility. operating licenses,'45 F.R.' 64,307 (1980),

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. Illinois reserves the right to submit issues as Supplements to this Petition for Leave to Intervene up to 15 days prior to the l first prehearing conference scheduled in this proceeding.

As this Petition for Leave to Intervene is in part based l

upon documents which may be superceded, modified or supplemented before or during a hearing on this matter, Illinois respectfully reserves the right to modify, amend, add or delete sections and contentions. .

III.

CONCLUSION The People of the State of Illinois ask that the United States Nuclear Regulatory Commission:

A. Institute a formal proceeding to consider the application of Illinois Power Company, et al., for facility operating licenses to possess, use and operate the Clinton Power Station, Units 1 and 2.

B. Grant Illinois leave to intervene and be admitted as an interested State.

C. Issue no license unless and until all contentions are satisfactorily answered and resolved.

.Further, Illinois asks that the Commission act upon its Petition in an expedient manner, and that the Commission decide.

whether to grant the relief ~ requested in this Petition before any i further consideration of an action on the Applicants' request.

1 Such action, either by Staff or Commission, prior to the Commission's action on this Petition shall be considered a denial of this Petition and final agency action subject to i judicial revie+:.

Illinois further requests that it be given prompt notice of any action taken by the Commission or the Staff on the Applicants' request by contacting either Assistant Attorney General, Reed Neuman or Philip L. Willman, by telephone or telegram on the day such action is taken.

. Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS

, TYRONE C. FAHNER Attorney General State of Illinois By:

PHILIP L. WILLMAN

Assistant Attorney General Environmental Control Division i 188 W. Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL:

Reed Neuman

, Assistant Attorney General i 500 South Second Street Springfield, Illinois 62701 (217)782-1090 i Susan Sekuler.

Assistant Attorney General Environmental Control Division ,

188 W. Randolph St., Suite 2315 i Chicago, Illinois 60601  ;

(312) 793-2491 l t )

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PROOF OF SERVICE I, KAREN McCORMACK, having been sworn and under oath, i do state that I have this 29th day of October, 1980 served the foregoing Notice and Petition For Leave To Intervene, upon the persons to whom said Notice is directed by placing copy of same in envelopes addressed to said persons, first class, postage j prepaid, and depositing said envelopes with the United States Postal Service located at 160 North LaSalle Street, Chicago, Illinois 60601.

SUBSCRIBED AND SWORN TO r

BEFORE ME THIS 29TH DAY OF OCTOBER, 1980.

NOTARY PUBLIC 4

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l gg i NUCLEAR REGULATORY COMMISSION  %

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IN THE MATTER OF )

ILLINOIS POWER COMPANY, SOY- ) 7, 4, 4

LAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) N g ,

COOPERATIVE, INC. ) Decket Nos. 50-461 m

) 50-462 Operating Licenses for )

Clinton Power Station, Units )

1 and 2 )

NOTICE TO: Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Peter V. Fazio, Jr.

Schiff, Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 PLEASE TAKE NOTICE that I have today filed with the Secretary of the Commission of the United States Nuclear Regulatory Commission a Petition for Leave to Intervene in this cause, a copy of which is attached and served upon you.

PEOPLE OF THE STATE OF ILLINOIS TYRONE C. FAHNEk ,

Attorney General i

State of Illinois By:

PHILIP L. RILLMAN Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 DATED: October 29, 1980 i

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