Contentions Submitted as Suppl to Petition to Intervene. Safety & Environ Issues Are Not Resolved or Investigated Fully.Certificate of Svc & Notices of Appearance of Sn Sekuler & Jv Vranken EnclML19209C380 |
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05000599, 05000600 |
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09/04/1979 |
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From: |
Bennett N, Scott W ILLINOIS, STATE OF |
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NUDOCS 7910150214 |
Download: ML19209C380 (16) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20062C2351990-10-22022 October 1990 NRC Staff & Applicant Joint Quarterly Status Rept & Motion to Withdraw Application for Construction Permit & Terminate Proceeding for Carroll County Site.* W/Certificate of Svc. Page Count Encl ML20055F5811990-07-0505 July 1990 NRC Staff & Applicant Joint Status Rept on Carroll County Site in Response to Licensing Board 900612 Memorandum.* NRC Will Rept on Status of Site in Appropriate Joint Quarterly Rept.W/Certificate of Svc ML19351A7301989-12-11011 December 1989 Applicant Response to Memorandum of Aslb.* Advises That Applicant Will Seek to Withdraw Application for CP Due to Cancellation of Plans to Build Facility.W/Supporting Info & Svc List ML20054L9521982-07-0707 July 1982 Memorandum & Order Directing Util Notify ASLB by 820730 Re Util Plans to Continue Early Site Review.Lack of Response Will Result in ASLB Sua Sponte Dismissal of Application W/O Prejudice ML19337A1911980-08-29029 August 1980 Response in Opposition to Citizens Against Nuclear Power,J J Runyon & E Gogol Petition for Review of Aslab 800729 Order Affirming ASLB 800530 Dismissal of Contentions.Const Will Not Be Allowed Prior to Environ Review.W/Certificate of Svc ML19344A7591980-08-15015 August 1980 Petition for Review of Aslab 800729 Decision Affirming ASLB 800530 Denial of Joint Petition to Intervene.Questions Whether Early Site Review Is Major Federal Action Per NEPA & Existing Case Law.Certification of Svc Encl ML19320A6471980-06-27027 June 1980 Brief in Opposition to Citizens Against Nuclear Power Et Al Appeal from ASLB 800530 Order Re Denial of Contentions 1,2, 4-11 & 13.Early Site Review Need Not Include Full Review Required Under Nepa.W/Contentions & Certificate of Svc ML19310A4451980-06-12012 June 1980 Notice of Appeal from ASLB 800530 Order Denying Petition to Intervene ML19310A4521980-06-12012 June 1980 Brief in Form of Pleading in Support of Appeal from ASLB 800530 Order Denying Petition to Intervene.Case Law Demonstrates That Early Site Suitability & Need for Power Are Warranted as Issues.Certification of Svc Encl ML19262B5531979-12-10010 December 1979 Opposes Citizens Against Nuclear Power,Inc 791123 Request to File Second Amended Petition to Intervene.Inexperience Is No Cause for Filing Late Contentions Nor Is Withdrawal of Two Proposed Findings ML19262B5631979-12-10010 December 1979 Opposes Intervenor Jo Daviess County Request to Reconsider Rejected Contentions.Contentions 1b,III & V(a)(1)(2) & Amended Contention Iii(G) Re Fuel & Radwaste Onsite Storage Should Be Dismissed.Certificate of Svc Encl ML19210E8391979-11-28028 November 1979 Requests for Reconsideration of ASLB 791010 Order Re Rejected Contentions.Requests Acceptance of Contentions I (B),Iii (2),III (C) & (G),Iv (6),V (a) (1) & (2).Submits Amended Contentions III (J) & VI ML19253D0561979-11-26026 November 1979 Request for Reconsideration of ASLB 791010 Order for Enlargement of Hearing Scope & for Acceptance of Previously Filed Contentions.Aslb Should Consider Modified Adjudicatory Procedures & Facts in Case ML19210E8761979-11-26026 November 1979 Brief in Lieu of Pleading in Support of E Gogol Standing & Rejected Contentions.Urges Reinstatement of Rejected Contentions 1,2,4,5,7,8,10,11 & 13 Per NEPA Requirements ML19210E8701979-11-26026 November 1979 Second Amended Petition to Intervene.Applicants Failed to Establish That Plum River Fault & Proximity to Stansky Airport & Savanna Army Depot Will Not Affect Site Geologic & Safety Suitability ML19290B8721979-11-26026 November 1979 Petition for Reconsideration of Intervenors 791107 Oral Motion to Defer Further Consideration of Applicants' Request Re Early Site Review Until President'S Commission Results Are known.Radiation-related Issues Should Be Insured ML19210E8691979-11-26026 November 1979 Memorandum in Support of Motion to File Second Amended Petition to Intervene.Petitioner Standing Was Confirmed by ASLB Following 790919 Prehearing Conference ML19210E8671979-11-26026 November 1979 Motion to File Second Amended Petition to Intervene ML19211A0051979-11-23023 November 1979 Response to ASLB 791010 Memorandum & Order Re Special Prehearing Conference.Requests Dismissal or Mod of Some of Intervenors' Contentions Due to Noncompliance W/Regulations. Certificate of Svc Encl ML19276H6411979-11-23023 November 1979 Notice of 791123 Filing of Motion to File Second Amended Petition,Memorandum in Support of Second Amended Petition Filing,Second Amended Petition,Brief in Support of E Gogol Standing & Petition for Reconsideration of Motion to Defer ML19210E8581979-11-14014 November 1979 Supplementary Brief for Contention 9 Re Solar Energy.Details Geographical & Meteorological Basis to Establish Credibility & Gain Admissibility for Early Site Review.Certificate of Svc Encl ML19291B8951979-11-14014 November 1979 Supplementary Brief in Lieu of Pleading Re Contention 9. Submits Detailed Geographical & Meteorological Basis for Contention Re Feasibility Studies of Solar Energy. Certificate of Svc Encl ML19210E1371979-11-0606 November 1979 Motion for Extension Until 791123 to File Brief in Support of Contentions Rejected at 790919 Prehearing Conference. Intervenor Atty Unable to Perform Duties Due to Illness & Another Commitment.W/Affiidavit & Certificate of Svc ML19254F8121979-10-22022 October 1979 Brief Per ASLB Order on Special Prehearing Conference. Requests Reinstatement of Contentions 3(a) & 3(c).Also Requests Advance Notice of Applicants' Negotiations for Property & right-of-way.Certificate of Svc Encl ML19209C5091979-09-10010 September 1979 Amended Petition to Intervene & Request for Hearing. Applicant Did Not Adequately Account for Decreased Need for Electricity Due to Use of Alternative Energy Sources by Customers.Unsigned Affidavits & Certificate of Svc Encl ML19259D2891979-09-10010 September 1979 Response to Supplemental Contentions Filed by State of Il, IA Pirg,Jo Daviess County Ad Hoc Committee on Nuclear Energy Info,Ia Socialist Party,Catholic Worker & Other Petitioners. Certificate of Svc Encl ML19253B3441979-09-10010 September 1979 Suppl to Petition to Intervene Per ASLB Order.Applicant Failed to Meet Environ & Safety Aspect Requirements,Failed to Consider Alternative Sources of Energy & Other Pertinent Factors & Did Not Demonstrate Financial Qualifications ML19209C3801979-09-0404 September 1979 Contentions Submitted as Suppl to Petition to Intervene. Safety & Environ Issues Are Not Resolved or Investigated Fully.Certificate of Svc & Notices of Appearance of Sn Sekuler & Jv Vranken Encl ML19312B6411979-09-0303 September 1979 List of Contentions.Applicant Has Not Sufficiently Examined Environ matters,long-term Local Economic Effects & Has Failed to Provide Sufficient Data Re Agricultural Concerns & Other Related Matters.Certificate of Svc Encl ML19275A3041979-08-13013 August 1979 Answer to IA Pirg 790806 Motion Advising of Schedule Conflict W/Second Day of Special Prehearing Conference,On 790920.Urges ASLB to Maintain Schedule;Ia Pirg Interests Can Be Concluded on First Day.Certificate of Svc Encl ML19209A2151979-08-0606 August 1979 Motion to Defer 790919-20 Special Prehearing Conference Because of Conflicting Commitment.Requests Postponement or Changing Second Day of Conference to 790921.Certificate of Svc Encl ML19253A7051979-07-25025 July 1979 Motion to Defer Special Prehearing Conference Scheduled on 790815-16 by ASLB 790710 Order.Deferral Is Requested Until Early Sept.Discovery of Vital Info Has Begun & Delay Will Allow Refinement of Contentions.W/Certificate of Svc ML19247B2301979-07-12012 July 1979 Petition for Intervention & Request for Hearing Filed Pro Se & as Representatives of Citizens Against Nuclear Power. Affidavits Encl ML19247B2011979-07-12012 July 1979 Applicant Answer to J Runyon,E Goge & Citizens Against Nuclear Power 790706 & Jl Priske 790625 Petition to Intervene.Suggests Limited Participation of J Runyon Et Al & Denial of J Priske.W/Certificate of Svc ML19247B2061979-07-0303 July 1979 Applicant Response to State of Il 790615 Brief Opposing Early Site Review.Urges Rejection of Il Request That Review Not Be Undertaken at This Time.Certificate of Svc Encl ML19246C0051979-06-20020 June 1979 Comm Ed Answers to Petitions to Intervene Filed by People of Il,State of Ia,J Davies County Ad Hoc Committee on Nuclear Energy Info,Ia Pirg,Et Al & IA Socialist Party. Certificate of Svc Encl ML19225A6271979-06-15015 June 1979 Notification of Filing of State of Il 790615 Brief in Support of Il Opposition to Early Site Review ML19225A6711979-06-15015 June 1979 State of Il Brief in Support of Il Opposition to Early Site Review.Review Is Unnecessary,Untimely & Unwarranted. Affidavit & Certificate of Svc Encl ML19241B0571979-06-0505 June 1979 Petition to Intervene in Hearings Re CP Application & Request for Early Site Review.Plant Would Have Negative Land Use Effort on Area & Would Harm Local Economy ML19225A4411979-06-0404 June 1979 Notification of Appearance on Behalf of State of Il ML19246B4411979-06-0404 June 1979 Notice of Filing of State of Il Opposition to Early Site Review ML19246B4471979-06-0404 June 1979 State of Il Opposition to Early Site Review.Necessity of Present & Future Const Is Being Investigated by Il Commerce Commission.Affidavit & Certificate of Svc Encl ML19276G5691979-06-0101 June 1979 Petition to Intervene.Catholic Worker of Dubuque,Dubuque Fellowship of Reconciliation,Environ Coordinating Organization & Carroll County Environ Coalition Join in Petition.Affidavits & Certificate of Svc Encl ML19269E3841979-06-0101 June 1979 Petition to Intervene Re CP Application.Seeks to Present Evidence Re Safety Issues,Geology,Hydrology,Weather Conditions,Aesthetics & Other Considerations.Affidavit & Certificate of Svc Encl ML19263E8831979-05-30030 May 1979 Notifies of Limited Appearance,Per 10CFR2 & 790501 Hearing Notice.Reserves Right to Intervene If Interests Are Adversely Affected ML19269D9891979-05-24024 May 1979 Answer by Applicant to 790504 Fr Notice Re Hearing for Early Site Review.Seeks Inclusion of Seismology,Environ & Safety Findings,Heat Dissipation Sys & Site Alternatives. Notices of Appearance & Certificate of Svc Encl 1990-07-05
[Table view] Category:PLEADINGS
MONTHYEARML20062C2351990-10-22022 October 1990 NRC Staff & Applicant Joint Quarterly Status Rept & Motion to Withdraw Application for Construction Permit & Terminate Proceeding for Carroll County Site.* W/Certificate of Svc. Page Count Encl ML20055F5811990-07-0505 July 1990 NRC Staff & Applicant Joint Status Rept on Carroll County Site in Response to Licensing Board 900612 Memorandum.* NRC Will Rept on Status of Site in Appropriate Joint Quarterly Rept.W/Certificate of Svc ML19351A7301989-12-11011 December 1989 Applicant Response to Memorandum of Aslb.* Advises That Applicant Will Seek to Withdraw Application for CP Due to Cancellation of Plans to Build Facility.W/Supporting Info & Svc List ML19337A1911980-08-29029 August 1980 Response in Opposition to Citizens Against Nuclear Power,J J Runyon & E Gogol Petition for Review of Aslab 800729 Order Affirming ASLB 800530 Dismissal of Contentions.Const Will Not Be Allowed Prior to Environ Review.W/Certificate of Svc ML19344A7591980-08-15015 August 1980 Petition for Review of Aslab 800729 Decision Affirming ASLB 800530 Denial of Joint Petition to Intervene.Questions Whether Early Site Review Is Major Federal Action Per NEPA & Existing Case Law.Certification of Svc Encl ML19310A4521980-06-12012 June 1980 Brief in Form of Pleading in Support of Appeal from ASLB 800530 Order Denying Petition to Intervene.Case Law Demonstrates That Early Site Suitability & Need for Power Are Warranted as Issues.Certification of Svc Encl ML19262B5531979-12-10010 December 1979 Opposes Citizens Against Nuclear Power,Inc 791123 Request to File Second Amended Petition to Intervene.Inexperience Is No Cause for Filing Late Contentions Nor Is Withdrawal of Two Proposed Findings ML19262B5631979-12-10010 December 1979 Opposes Intervenor Jo Daviess County Request to Reconsider Rejected Contentions.Contentions 1b,III & V(a)(1)(2) & Amended Contention Iii(G) Re Fuel & Radwaste Onsite Storage Should Be Dismissed.Certificate of Svc Encl ML19210E8391979-11-28028 November 1979 Requests for Reconsideration of ASLB 791010 Order Re Rejected Contentions.Requests Acceptance of Contentions I (B),Iii (2),III (C) & (G),Iv (6),V (a) (1) & (2).Submits Amended Contentions III (J) & VI ML19210E8671979-11-26026 November 1979 Motion to File Second Amended Petition to Intervene ML19210E8761979-11-26026 November 1979 Brief in Lieu of Pleading in Support of E Gogol Standing & Rejected Contentions.Urges Reinstatement of Rejected Contentions 1,2,4,5,7,8,10,11 & 13 Per NEPA Requirements ML19210E8701979-11-26026 November 1979 Second Amended Petition to Intervene.Applicants Failed to Establish That Plum River Fault & Proximity to Stansky Airport & Savanna Army Depot Will Not Affect Site Geologic & Safety Suitability ML19290B8721979-11-26026 November 1979 Petition for Reconsideration of Intervenors 791107 Oral Motion to Defer Further Consideration of Applicants' Request Re Early Site Review Until President'S Commission Results Are known.Radiation-related Issues Should Be Insured ML19253D0561979-11-26026 November 1979 Request for Reconsideration of ASLB 791010 Order for Enlargement of Hearing Scope & for Acceptance of Previously Filed Contentions.Aslb Should Consider Modified Adjudicatory Procedures & Facts in Case ML19210E8691979-11-26026 November 1979 Memorandum in Support of Motion to File Second Amended Petition to Intervene.Petitioner Standing Was Confirmed by ASLB Following 790919 Prehearing Conference ML19211A0051979-11-23023 November 1979 Response to ASLB 791010 Memorandum & Order Re Special Prehearing Conference.Requests Dismissal or Mod of Some of Intervenors' Contentions Due to Noncompliance W/Regulations. Certificate of Svc Encl ML19291B8951979-11-14014 November 1979 Supplementary Brief in Lieu of Pleading Re Contention 9. Submits Detailed Geographical & Meteorological Basis for Contention Re Feasibility Studies of Solar Energy. Certificate of Svc Encl ML19210E1371979-11-0606 November 1979 Motion for Extension Until 791123 to File Brief in Support of Contentions Rejected at 790919 Prehearing Conference. Intervenor Atty Unable to Perform Duties Due to Illness & Another Commitment.W/Affiidavit & Certificate of Svc ML19254F8121979-10-22022 October 1979 Brief Per ASLB Order on Special Prehearing Conference. Requests Reinstatement of Contentions 3(a) & 3(c).Also Requests Advance Notice of Applicants' Negotiations for Property & right-of-way.Certificate of Svc Encl ML19259D2891979-09-10010 September 1979 Response to Supplemental Contentions Filed by State of Il, IA Pirg,Jo Daviess County Ad Hoc Committee on Nuclear Energy Info,Ia Socialist Party,Catholic Worker & Other Petitioners. Certificate of Svc Encl ML19253B3441979-09-10010 September 1979 Suppl to Petition to Intervene Per ASLB Order.Applicant Failed to Meet Environ & Safety Aspect Requirements,Failed to Consider Alternative Sources of Energy & Other Pertinent Factors & Did Not Demonstrate Financial Qualifications ML19209C5091979-09-10010 September 1979 Amended Petition to Intervene & Request for Hearing. Applicant Did Not Adequately Account for Decreased Need for Electricity Due to Use of Alternative Energy Sources by Customers.Unsigned Affidavits & Certificate of Svc Encl ML19209C3801979-09-0404 September 1979 Contentions Submitted as Suppl to Petition to Intervene. Safety & Environ Issues Are Not Resolved or Investigated Fully.Certificate of Svc & Notices of Appearance of Sn Sekuler & Jv Vranken Encl ML19312B6411979-09-0303 September 1979 List of Contentions.Applicant Has Not Sufficiently Examined Environ matters,long-term Local Economic Effects & Has Failed to Provide Sufficient Data Re Agricultural Concerns & Other Related Matters.Certificate of Svc Encl ML19275A3041979-08-13013 August 1979 Answer to IA Pirg 790806 Motion Advising of Schedule Conflict W/Second Day of Special Prehearing Conference,On 790920.Urges ASLB to Maintain Schedule;Ia Pirg Interests Can Be Concluded on First Day.Certificate of Svc Encl ML19209A2151979-08-0606 August 1979 Motion to Defer 790919-20 Special Prehearing Conference Because of Conflicting Commitment.Requests Postponement or Changing Second Day of Conference to 790921.Certificate of Svc Encl ML19253A7051979-07-25025 July 1979 Motion to Defer Special Prehearing Conference Scheduled on 790815-16 by ASLB 790710 Order.Deferral Is Requested Until Early Sept.Discovery of Vital Info Has Begun & Delay Will Allow Refinement of Contentions.W/Certificate of Svc ML19247B2301979-07-12012 July 1979 Petition for Intervention & Request for Hearing Filed Pro Se & as Representatives of Citizens Against Nuclear Power. Affidavits Encl ML19247B2011979-07-12012 July 1979 Applicant Answer to J Runyon,E Goge & Citizens Against Nuclear Power 790706 & Jl Priske 790625 Petition to Intervene.Suggests Limited Participation of J Runyon Et Al & Denial of J Priske.W/Certificate of Svc ML19247B2061979-07-0303 July 1979 Applicant Response to State of Il 790615 Brief Opposing Early Site Review.Urges Rejection of Il Request That Review Not Be Undertaken at This Time.Certificate of Svc Encl ML19246C0051979-06-20020 June 1979 Comm Ed Answers to Petitions to Intervene Filed by People of Il,State of Ia,J Davies County Ad Hoc Committee on Nuclear Energy Info,Ia Pirg,Et Al & IA Socialist Party. Certificate of Svc Encl ML19241B0571979-06-0505 June 1979 Petition to Intervene in Hearings Re CP Application & Request for Early Site Review.Plant Would Have Negative Land Use Effort on Area & Would Harm Local Economy ML19246B4471979-06-0404 June 1979 State of Il Opposition to Early Site Review.Necessity of Present & Future Const Is Being Investigated by Il Commerce Commission.Affidavit & Certificate of Svc Encl ML19269E3841979-06-0101 June 1979 Petition to Intervene Re CP Application.Seeks to Present Evidence Re Safety Issues,Geology,Hydrology,Weather Conditions,Aesthetics & Other Considerations.Affidavit & Certificate of Svc Encl ML19276G5691979-06-0101 June 1979 Petition to Intervene.Catholic Worker of Dubuque,Dubuque Fellowship of Reconciliation,Environ Coordinating Organization & Carroll County Environ Coalition Join in Petition.Affidavits & Certificate of Svc Encl ML19269D9891979-05-24024 May 1979 Answer by Applicant to 790504 Fr Notice Re Hearing for Early Site Review.Seeks Inclusion of Seismology,Environ & Safety Findings,Heat Dissipation Sys & Site Alternatives. Notices of Appearance & Certificate of Svc Encl 1990-07-05
[Table view] |
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'./ '-UNITED STATES OE_ AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING LOARD IN THE MATTER OF:
))COMMONWEALTH EDISON COMPANY,)Docket Nos. SS0-599 et al.,)S50-600)(Carroll County Site)
)CONTENTION.G a The PEOPLE OF THE STATE OF ILLINOIS, by WILLIAM J.
SCOTT, Attorney General of the State of Illinois, herein supplement their Petition for Leave to Intervene and set forth the following contentions:
1.Approval of the suitability of the proposed site and the subsequent construction permit application will be major ac-ions of the Commission significantly affecting the cuality of the human environment of Illinois.
The National Environmental Policy Act of 1969, as amended, requires the Commission to submit an environmental impact statement with respect to the proposed site suitability review and construction permit applica i.on.
.=1146 235 214 7010150 , G 2....2 The requested early site review is premature, unnecessary, unwarranted, and contrary to the public interest, health and safety.(a)Applicant's Table 1.1-32 CCS-SS-ER, p.
1.1-50, fails to show a need for the two unit Carroll County Station.(b)In January, 1979 Commonwealth Edison reduced its estimate of peak load growth downward, from 5.1% to 4.5%
over the next ten years.
Commonwealth has experienced reserve margins of energy capacity substantially beyond what has been necessary for the past five years and according to its projections will do so until at le ast 1985.(c)Applicant's projection of need for the Carroll County Stations by 1987 is speculative.
Past inaccurate predictions indicate no basis to rely upon the present projection.which fails to adequately factor in (1) the affect of implementation of conservation measures upon energy demand levels; (2) the impact of governmental i e 1146 236
..-3-policies regarding energy sources and pricing upon energy demand; and (3)the current general declining trend in energy demand growth levels in Illinois and Iowa.(d)The Applicant's need projection fails to adequately consider: i.possible continued use of existing facilities due to improved technology or lessened environmental standards.
ii.alternative energy sources.(e)The Illinois Commerce Commission which regulates Commonwealth Edison's rates, will investigate the need for and the reasonableness of Carroll County construction (I.C.C., No. 78-0646) this Fall, and may order delay of construction, and can also refuse the request for a rate increase to help finance the construction.(f)NRC Staff has admitted that Carroll County Construction cannot reasonably occur until at least 1981 and that, therefore," [i] r. short, there is no reason to proceed with haste given the above circun7,tances. NRC Staff's Motion for Reconsideration of Licensing Board's Denial of NRC Staff's Motion to Defer Special Prehearing Conference, July 23, 1979, p.
2.l146 237 (g)Early site review is contrary to the public interest because there is no imminent need for the Carroll County site; delays, whether self imposed or involuntary, are probable; and decisions on site suitability which are conclusive and remain in effect for five years may not adequately cover all problems regarding the site when the construction permit is sought.
Later site review will allow newer technologies and information regarding nuclear plant construction to be incorporated into the site suitability review to assure greater compliance with 10 CFR Parts 50, 51 and 100.(h)Later site suitability review will allow for more accurate analysis of the actual cost effectiveness of nuclear power and more accurate deternination of the cost benefit analysis required by NEPA and the NRC regulations,10 CFR Parts 2, 50, 51.(i)The continuing NRC administrative stay on consider-ation of construction permits for new nuclear facilities announced by Harold Denton, Director of the NRC Office of Nuclear Reactor Regulation on August 26, 1979 draws into question the wisdom and the legality of an early site review.
3.Applicants have not considered cost benefit balancing
(" Proposed Findings, " paragraph 117) .
Cost benefit balancing is necessary and desirable before conclusive decisions of site suita-bility and irreversible and irretrievable commitments to this proposed expansion of nuclear power are made.
Furthermore cost benefit balancing is necessary in order to comply with the National Environmental T olicy Act, and 10 CFR Part 2, 52.101(a-1), Part 50, 55 0. 30 (f) and Part 51, 551.20 (b) .
I146 238 4.10 CFR SSI.20 (a) (5) requires that the Applicant's Environmental Report be "sufficiently complete to aid the Commission in developing and exploring - pursuant to Section 102(2) (E) of National Environmental Policy Act - appropriaLe alternatives Applicant's, in CCS-SS-ER Ch. 9.1,have not met the required stan-dard in that they have failed to provide adequate discussion of , alternative energy sources and alternative sites.
5..Applicants have failed to adequately show that the Plum River fault, which runs withir 5.5 miles of the sit e, is not a capable fault in determining site geologic suitability and necessary safety measures for the proposed reacters
.6.Applicants have failed to adequately account for and evaluate the effects of the proposed reactors upon terrestri l a and aquatic life in the area, and specifically in the Upper Mi ssissippi River Fish and Wildlife Refuge.(a)Applicants have not adngeately shown that the birds considered endangered species, including the bald eagle, which inhabit the proposed site will be able to relocate with out signi-ficant increaser in competition or significant effect o n their populations.(b)Applicants have failed to adequately evaluate the effects of the noise, dust, vibration and vehicular traffic during construction on wildlife and the ecology of the area
.(c)Applicants have failed to adequately evaluate the effects of the proposed water intake system which will cros s the Refuge on terrestrial and aquatic habitats Specifically they
.have not adequately considered the effects of the intak e on spawning grounds of the Upper Mississippi, among other possible effe t c s.1146 239 (d)Applicants have failed to adequately evaluate the effects of radioact.ive water discharge upon the terrestrial and aquath.c life in the vicinity of the site, and in particular, the spawning grounds of the Upper Mississippi.
7 .-Applicants have failed to establish that operation of the proposed station 2.3 miles from Stansky Airport does not present an undue risk to the public's health and safety.
8.In determining public health and safety, applicants have failed to adequately consider or take into account the effect on the proposed reactor of explosions which could occur at the Savanna Army Depot, which is 13.2 miles from the proposed site and is used for the storage of artillery ammunition, bombs and their components, grenades, rockets, mine and engineering explosives, riot control agents, fuses, primers , pyrotechnics , and :nissile warheads. (CCS-SS-SSR S2. 2. 2. 2 ) .
9.In determining public health and safety, applicants have failed to adequately consider or take into account the effects on the proposed reactors of explosions which could occur during the transportation of such ammunitions as mentioned above on either the Burlington Northern Railway or on Illinois Route 84.kb 10. Applicants have failed to sufficiently detenstrate their financial qualifications to carry cut their preposed construction in accordarre with acplicable regulations, as required in early site suihhility reviews by 10 CFR SS2.101(a-1) (2) and 50.33(f) . Comnonw alth Edison, the major owner of the proposed station, and the one responsible for design, licensing and construction, is incapable of suf-ficiently showing that it is finarmally qualified to carrf our the construction since its current request for a rate increase, a substantmal portion of which would be devoted to construction, is pending before the Illinois Ccrimerce Ccrtmission. 11.Applicants have failed to discuss the transportation of uranium fuels to the proposed site, its effect on public health and safety, and the effects of transportation of spent fuels from the site.Such analysis is necessary in order to comply with the National Environmental Policy Act, and 10 CPR Parts 2, 50 and 51.
12.Applicants have not sufficiently considered all things necessary to insure that they will be able to meet their obligations to carry out decommissioning activities upon termination of the Carroll County Stations useful life as required by the Atomic Energy Act and the regulations of the NRC 10 CFR 550.82.(a)With regard to decommissioning Applicants state norely that " full scope of the final disposition...cannot be developed at this early date," and that a plan will be developed during the life of the station.
Therefore, applicants have failed to demonstrate and are incapable of presently demonstrating that decommissioning of the stations and disposal of its nuclear wastes will result in little" adverse impact upon the environment" or that they will not be " inimical to the common defense and security or health and safety of the public" (Proposed Findings, #131; CCS-SS-ER 55.8).(b)Applicants have failed to include in their cost / benefit analysi. any consideration of the costs which will be incurred by decommissioning and decontamination of the Carroll County Station.
11146241 (c)Applicants have failed to demonstrate that they will be financially capable to decommission the Carroll County Station.(d)Applicants have failed to demonstrate that they will be technically capable to decommission the Carroll County Station.13.In determining site envircamental suitability applicants have failed to adequately consider the extent and type of effects of transmission lines from the proposed site, on the ecology of the right-of-ways which will Le crossed.
14.Neither Chapter 3 nor 5 of the CCS-SS-ER discuss the impact on the environment of "non-routine" or accidental radiological emissions into the ground water.(a)There is no discussion of control mechanisms to prevent leaks of radioactive materials from being absorbed into the ground water.(b)There is no calculation of the effects of a "non-routine" release of radioactivity into the ground water on:
i.drinking water sources ii.recreation areas on the Mississippi River lii.grazing lands surrounding the plant i146 242.
.-9-iv.the Mississippi River fish and Wildlife Refuge v.local agriculture vi.local flora and fauna 15.The proposed Carroll County Station is located in a unique part of Illinois.
It is topographically unique (CCS-SS-ER 2. 6-6) and ' istorically significant.(CCS-SS-ER 2. 6) .
Therefore there is considerable use of the area for vacationine and recreation.
.(a)The Galena area, just north of the proposed Station has been preserved as an historical monument.
It relies on tourists for much of its economic support and provides tourists with an historical and educational experience which is unobtainable in any other area of the state.
There has been no consideration of the effect of the Carroll County Station will have on the tourist population and economic well being of areas relying on tourist trade.(b)The Galena Territory and Apple Canyon situated north of the proposed station are "second home communities".
Residents have been attracted to the area because of its aesthetic and historical attributes.
There has been no consideration of the effect of the Carroll County Station on real estate values of communities which are dependent on preservation of the aesthetic quality of the region.
.I146 243
.- 10 -(c)Mississippi Palisades State park just north of Savanna provides natural woodlands for recreation and camping.
There has been no consideration of the effect the proposed Carroll County Station on the use of this facility as a source of recreatioh.
16.Potential areas of archeological value were not investigated in Site Suitability Environment report (CCS-SS-ER
- 8. 3-29) .
The Sauk and Fox Indian Tribes occupied Carroll County along the Mississippi River until the last century and the final retreat following the Blackhawk War.
Many artifacts of Indian civilization are extant.
There has been no consideration of whether utilization of the Carroll County Site will cause disturbance of Indian Burial grounds and loss or destruction of archeological knowledge and artifacts significant to past and present Native American Culture.
17.The Applicants have not discussed how this application and site suitability review have been affected by and must be altered to conform to the more stringent NRC standards which are being adopted in light of the Three Mile Island event.(a)Applicant does not indicate how it will utilize the NRC staff and ACRS reactor safety recommendations contained in " Interim Reports on Three Mile Island Nuclear Station Unit 2", NUREG-0560 an?
NUREG-0578.
'4 g44
'..- 11 -(b)There is no assessment of how implementation of lessons learned from TMI-2 will effect the following:
i.- additional capital investment li'.delay in construction start-up
.iii.design changes iv.plant operation and maintenance v.emergency evacuation plans vi.environmental monitoring
~vii.reduction in capacity factor (c)The TMI-2 event and the NRC disavowel of the Rasmussen report, WASH-1400, illustrate the need for a more realistic assessment of risks in nuclear facility reviews.
Applicants have applied the old standard in compiling the Carroll County Station Report and have therefore not discussed a " Class 9" hypothetical.
Applicants should revise 57.1-22 of the CCS-SS-ER to include a realistic assessIrient of credible severe failures.
18.The Carroll County Station Site Suitability Site Safety Report (CCS-SS-SSR) does not identify or discuss unresolved safety issues which will affect the plant construction and operation.
Seventeen such issues have been identified by the NRC Staff in NUREG-0410.Of particular significance to the proposed construction permit review are those unresolved safety issues which involve the Westinghous
'i146 245
-.- 12 -Pressurized Water Reactors.
RESPECTFULLY SUBMITTED, PEOPLE OF THE STATE OF ILLINOIS WILLIAM J.
SCOTT Attorney General State of Illinois BY: DNANCY J.BENNETT Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315
.Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL GEORGE WM. WOLFF Chief, Environmental Control Division JOHN VAN VRANKEN Deputy Chief, Northern Region Environmental Control Division SUSAN N.SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph, 3uite 2315 Chicago, Illinois 60601 (312) 793-2491 DATED: , i146 246
.UNITED STATES OF AMERICA NbCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF:
))COMMONWEALTH EDISON COMPANY, et al.)Docket Nos. 550-599 (Carroll County Site)
)S50-600)-CERTIFICATE OF SERVICE I, NANCY J.
BENNETT hereby certify that copies of State of Illinois Contentions in the above-captioned proceeding have been served on the following by deposit in the United States mail first class, this 4th day of September, 1979.
, John F.Wolf, Esq. Chairman 3409 Shepherd Street Mr. James C.
Schwab Chevy Chase, Maryland 20015 State Coordinator Iowa Public Interest Research Mr. Glenn O. Bright Group, Inc.
Atomic Safety and Licensing Board 36 Memorial Union, Iowa State U.S.Nuc?. ear Regulatory Commission University Washing.on, D.C.20555 Ames, Iowa 50010 Dr. Robert L. Holton Mr. Jim Dubert School of Oceanography c/o Iowa Socialist Party Oregon State University 2801 1/2 West Street Corvallis, Oregon 97331 Ames, Iowa 50010 Thomas J. Miller Atomic Safety and Licensing Attorney General of Iowa Board Panel State Capital Complex U.S.Nuclear Regulatory Commission Des Moines, Iowa 50319 Washington, D.C.
20555 Mr. John W. Cox, Jr.
Philip P.Steptoe, Esq.
Jo Daviess County Ad Hoc Committee Isham, Lincoln & Beale
-on Nuclear Energy Information One First National Plaga 906 Cam 42nd Floor Galena,pbell Street Illinois 61036 Chicago, Illinois 60603 1146 2/7 1
.-2-Atomic Safety & Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Edward Gosol 6105 W. Winthrop Chicago, Illinois 60660 Mr. James L.
Runyon 1316 Second Avenue
, P.O. Box 307 Rock Island, Illinois 61201
'T c _we y XN s~wN NANCY J.BENNETT.1i46 248
..UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF:
))COMMONWEALTH EDISON COMPANY
)Docket Nos. S50-599 INTERSTATE POWER COMPANY,)S50-600 IOWA-ILLINOIS GAS AND ELECTRIC
)COMPANY, Carroll County Site.
)NOTICE CF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 52.713 (a) , 10 CFR.Part 2, the following information is provided:
NAME SUSAN N. SEKULER ADDRESS Illinois Attorney General 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 TELEPHONE NUMBER Area Code-312 793-2491 ADMISSIONS Supreme Court of Illinois United States District Court Northern District of Illinois United States Court of Appeals, District of Columbia United States Court of Appeals Seventh Circuit NAME OF PARTY Pecole of the State of Illinois s..-.. J --~ &. -'SUSAN N.SEKULER Assistant Attorney General DATED AT CHICAGO, ILLINOIS THIS 4th DAY OF SEPTEMBER, 1979.
I146 249.
.UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF:
))COMMONWEALTH EDISON COMPANY
)Docket Nos. S50-599 INTERSTATE POWER COMPANY,)S50-600 IOWA-ILLINOIS GAS AND ELECTRIC
)COMPANY, Carroll County Site,)NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an Appearance in the above-captioned matter.
In accordance with S 2. 713 ( a) , 10 CFR Part 2, the following information is provided:
NAME JOHN VAN VRANKEN
, ADDRESS Illinois Attorney General 198 West Randolph Street Suite 2315 Chicago, Illinois 60601 TELEPHONE NUMBER
[312] 793-2491 ADMISSIONS Supreme Court of Illinois United States District Court Central District of Illinois United State Court of Appeals 7th Circuit NAME OF PARTY People of the State of Illinois JOHN VAN VRANKEN Assistant Attorney General DATED AT CHICAGO, ILLINOIS
'THIS 4th DAY OF SEPTEMBER, 1979..I146 250.}}