ML19225A671

State of Il Brief in Support of Il Opposition to Early Site Review.Review Is Unnecessary,Untimely & Unwarranted. Affidavit & Certificate of Svc Encl

ML19225A671
Person / Time
Site:	05000599, 05000600
Issue date:	06/15/1979
From:	Bennett N ILLINOIS, STATE OF
To:
Shared Package
ML19225A628	List: ML19225A627 ML19225A671
References
NUDOCS 7907190784
Download: ML19225A671 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN TEE MATTER OF : )

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COMMO5 WEALTH EDISON COMPANY, )

INTER-3 TATE POWER COMPANY, ) DOCKET NOS. 550-599 ICWA-ILL:NOIS GAS AND ) S50-500 ELECTRIC COMPANY, Carroll )

County Site. )

ERIEF IN SUPPORT OF COMMENTS IN OPPOSITION TO

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EARLY SITE REVIEW The Peaple of the State of Illinois (hereinafter the " People")

by WILLIAM J. SCOTT, Attorney General of the State of Illinois, hereby submit a brief supporting their comments in opposition to an early site review with regard to the proposed Carroll County nuclear generating stations.

BASES FOR DENYING EARLY SITE REVIEW The People contend that an early site review would be un-warranted, untimely and unnecessary for the following rcasons:

A. The need for expansion of energy generation capacity at this point in Illinois is highly questionable. Currently, Commonwealth Edison's construction program and proposals are under invr n by the Illinois Commerce Commission.1 Phase one of the procee .!s is i"In the Matter of Investigation of the Plant Construction Program of Commor. wealth Edison Company", ICC No. 78-0646.

Aside from the hearings which have already begun the Illinois Commerc- Commission has also granted a request for hearings under the same docket number in Ogle County, Illinois.

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considering the reasonableness of continuing or delaying the construct-ion schedule of Byron and/or Braidwood. Phase two which will begin this summer will cons aer planned construction after 1984, which would i

ncluda Carroll County prcposals.

The hearings were ordered pursuant to Illinois Commerce Commission's findings that " Edison has experienced reserve marg 1 substantially in excess of its target for the Tast five years ar' according to its proposed projections will continue to experience high reserve margins through 1985." (Emphasis added).2 Commonwealth Edison has already admitted that their peak load growth rate has not increased as predicted, and that they have now revised their prediction of growth downward for the next ten years.

They have also stated that if construction continues as currently planned they will continue to have excess margins of raserve power (beyond the recommended 14%, which is probably already a liberal reserve margin),

and that reliable service could be proviced to their customers with delay in Byron construction of one year, and in Braldwood construction of three years.3 In fact- n June 1, 1979 Commonwealth arnounced a two year delay in their Carroll County plans, mainly because of transfer of NRC resources and employees from normal work priorities to investi-

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gation of the Harrisburg incident.4 4 / lj 3 4, y 2

ICC Docket No. 78-0045, December 13, 1978 Order, p. 16.

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' Written Direct testimony of John C. Bukovski, p. 2, and written direct testimony of Hubert H. Nexon, p. 7, ICC No. 78-0646 4

Commonwealth has also testified that this NRC action will cause a one vear delav in the Bvron aqd Braidwood units. Written;testimon?g of Svron

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Lee, Jr.,'p. 8, ICC No. 74h f46..rsW -

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Therefore, since the Carroll County stations ma2 result in unneeded generating capacity, since Commonwealth has already delayed the project two years, and since the Illinois Commerce Commission may yet order fr. ther delay in the project, early site review is unwarranted and unnecessary.

B. Furthermore, the Three Mile Island incident has prompted numerous investigations, legislative proposals regarding nuclear power safety, design modification possibilities, and the evaluation of the adequacy of emergency and evacuation planning. In fact, it is the understanding of the People of I)' nois that the NRC is currently reevaluating " siting" policy (an evaluation which began even before the Three Mile Island incident, and which involves extraordinarily complex problems according to Ro be r t B .. Minogue, Director of Standards Development for the Commission, and which will incorporate Three Mile Island evaluation and lessons.)

Therefore, if the need for Carrol County Stations is not as immi r.ca t as prior projecuions had determined, it would be in the public interest to dalay site suitability determination until as many as possible of the lessons to be learned from Three Mile Island may be incorporated into the decision, and until NRC siting policy is more settled and sophisticated. It would also be wise to delay until the need for site suitability determination is indeed imminent, so that any new knowledge with regara to nuclear power generation gained from growing experience with the industry may be incorporated into the decision. m ,_

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C. An early determination of site suitabi'Aty will quite probably commit part of the companc.es' resources, fature energy planning and oresent contracting so as to be irre/ersible or at least quite castly and quite burdensome

• reverso. (Only the companies themselves wc uld know e::actly what commitments would be made with regard to a particular site subsequent to site review, and prior to further legal permitting of the site, and their degrees of reversibility) .

Even though early site review decisions may not be conclusive, it would be in the public interest and in the interest of the par *ies

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not to make site suitability determinations, causing the companies' reliance until it is determited that the energy will be needed at the proposed date of operation, that the proposed station will not subsequently merely be delayed by the Illinois Commerce Commission, the Nuclear Regulatory Commissic. or by newly imposed standards on the construction or cn siting requirements themselves.

D. Furthermore, an early site review will not allow intervenors adequate time to fully explore the issues which will be considered. They will not be able to adequately examine whether the proposed Carroll County design will be environmentally and safely suited to the site with respect to geology, hydrology, meteorology, terrestrial and aquatic ecology, water use, regional demography, community characteristics, economi, historical and national landmarks, land use, noise consicaration and aesthetics.

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CCNCLUSION THE REFO RE , since the necessity for immediate Carroll County planning is questionable, since more thorough and wiser deter ainations of site suitability will probably be possible at the complet.on of Three Mile Island investigations, and since early site determination will be a significant step toward thorough (and perhaps irreversible) commitment to the Carroll County nuclear station proposal, the People of the State of Illinois suggest that early site review is unnecessary, untimely ar.d unwarranted.

RESPECTFULLY SUBMITTED, W1LLIAM J. SCOTT Attorney General State of Illinois

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NANCY J. BENNETT Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 i'9

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STATE OF ILLINOIS )

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COUNTY OF COOK )

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFI DAVI T I, NANCY J. BENNETT, an attorney hereby certify the following in support of the foregoing Brief in Support of Comments In Opposition to Early Site Review:

1. That I am an Assistant Attorney General with the Environmental Control Division of the Office of the Attorney General of Illinois;

2. That I am of counsel for the State of Illinois in the matter of Commonwealth Edison Company, Inte. . ate Power Company, Iowa-Illinois Gas & Electric Company, Carroll County Site, 550-599, S50-600;

3. That all facts alleged in this Brief in Support of Comments in Opposition to Early Site Review attacaed hereto are true to the best of my knowledge and belief.

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. .x SUBSCRIBED AND SWORN TO BCFORE ME THIS 15TH DAY 42ij 3[} b OF JUNE, 1979.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: )

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COMMONWEALTH EDISON COMPANY )

INTERSTATE POWER COMPANY, ) DOCKET NOS. S50-599 IOWA-ILLINOIS GAS & ELECTRIC ) S50-600 COMPANY, Carroll County Site. )

CERTIFICATE OF SERVICE I, NANCY J. BENNETT, hereby certify that I have this 15th day of June, 1979 served copies of the foregoing Jrief in Support of Comments in Opposition to Early Site Review on each of the following persons by causing same to be deposited in envelopes addressed to said persons, first class, postage prepaid, and deposited wit.1 the United States Postal Service at 160 North LaSalle Street, Chicago, Illinois 60601.

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Chlef, Docketing and Service Section Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Richard E. Powell, Esq.

Isham, Lincoln and Beale One First National Plaza Chicago, Illinois 60603

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NANCY J. BENNETT Assistant Attorney General Environnental Control Division 183 West Randolph Street Su2te 2315 Chicago, Illinois 6060' , ,

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