ML20129G272

Response to ASLB 850621 Order Reconsidering Admission of Neiner Farms Contention 4 Re Railroad Explosion.Modified Wording of Neiner Contentions 4(a) & (B) Provided. Certificate of Svc Encl

ML20129G272
Person / Time
Site:	Braidwood
Issue date:	07/11/1985
From:	Chan E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML20129F691	List: ML20129F687 ML20129F705 ML20129F725 ML20129G272
References
OL, NUDOCS 8507170624
Download: ML20129G272 (4)

Text

.

July 11, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY ANi) LICENSING BOARD In the Matter of COMMONWEALTH EDIS0N COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwood Nuclear Power Station, )

Units 1 and 2) )

NRC STAFF RESPONSE TO JUNE 21, 1985 ORDER RECONSIDERING ADMISSION OF NEINER FARMS CONTENTION 4 (RAILROAD EXPLOSION) 7 BACKGROUND In its June 21, 1985 Order Reconsidering Admission of Neiner Fanns Contention 4 (Railroad Explosion) (" Order") the Board reiected Neiner Contention 4(c) leaving parts 4(a) and 4(b) as issues in controversy.

The Board expressed concern that the present wording of Contention 4(a) and (b) did not accurately identify what is truly in controversy and suggested if a settlement was not reached that the wording of the contention be modified.

II. DISCUSSION Victor Copeland, Counsel for Applicant, Allen Bock, Counsel for Neiner Fanns, Inc. and NRC Staff Counsel reached a mutual agreement by telephone concerning modified wording for Neiner Contention 4(a) and (b). Pursuant to the Board's Order, the Staff submits on behalf of the parties the modified wording for Neiner Contention 4(a) and (b).

lDR 56 g PDR

e MODIFIED NEINER CONTENTION 4(a) AND (b)

4. Intervenors contend that the proximity of the Illinois Central Railroad line to the Braidwood Station site and the use of that rail line to transport munitions from the Joilet Army Amunition Plant, including the potential transport of RDX and HMX explosives which may be manufactured at that facility in the future, create an unacceptably hazardous condition. The condition is hazardous in the following respects:

a. The probability of an accident involving an explosion of munitions on the rail line is not so low as to preclude its consideration as a design basis accident; and

b. The design of the Braidwood Station is such that the facility could not withstand the occurrence of an explosion of munitions on the rail line without endangering the public health and safety.

Respectfully submitted, f09  :, -

Elaine I. Chan Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of July,1985

DB. METED LNC UNITED STATES OF AMERICA '85 JJL 16 P3:19 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING B0AlftigE ( ' M [.?

SRA!CH In the Matter of )

)

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwood Nuclear Power Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION OF C0FMON-WEALTH EDISON COMPANY FOR

SUMMARY

DISPOSITION ON PLEADINGS OF B0B N?INER FARMS, INC. CONTENTION 1 AND BRIDGET LITTLE ROREM ET AL. CONTENTION 1(c)"

and "NRC STAFF RESPONSE TO JUNE 21, 1985 ORDER RECONSIDERING ADMISS:0N OF NEINER FARMS CONTENTION 4 (RAILROAD EXPL0SION)" in the above-captio*ed proceeding have been served on the following by deposit in the Unitad States mail, first class, or, as indicated by (*) through deposit in the Nuclear Regulatory Commission's internal mail system, or (**) by osarnight or express Mail delivery this lith day of July,1985, (***) by hane delivery on the 12th day of July, 1985:

Lawrence Brenner, Esq., Chairman *** Commonwealth Edison Compan-Administrative Judge ATTN: Cordell Reed Atomic Safety and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Contrission P.O. Box 767 Washington, DC 20555 Chicago, IL 60690 Dr. A. Dixon Callihan** Thomas J. Gordon, Esq.

Administrative Judge Waller, Evans & Gordo" 102 Oak Lane 2503 S. Neil Oak Ridge, TN 37830 Champaign, IL 6182r Dr. Richard F. Cole *** Region III Administrative Judge U.S. Nuclear RegtGatory Commission Atomic Safety and Licensing Board Office of Inspection & Enforcement U.S. Nuclear Regulatory Commission 799 Roosevelt R',ad Washington, DC 20555 Glen Ellyn, IL 60137 Rebecca J. Lauer, Esq. Joseph Gallo. Esq.***

Isham, Lincoln & Beale Isham, Linco;n & Beale Three First National Plaza Suite 840 Suite 5200 1120 Connecticut Avenue, N.W.

Chicago, IL 60602 Washington, DC 20036

Ms. Bridget Little Rorem** C. Allen Bock, Esq.**

117 North Linden Street 151 Bevier Hall, 905 South Goodwin Essex, IL 60935 Urbana, Il 61801 Douglass W. Cassel, Jr. , Esq. Atomic Safety and Licensing Board Timothy Wright, Esq. Panel

• 109 North Dearborn Street ..S. Nuclear Regulatory Commission Suite 1300 Washington, DC 20555 Chicago, IL 60602 Atomic Safety and Licensing Appeal Erie Jones, Director Board Panel

• Illinois Emergency Services U.S. Nuclear Regulatory Coinmission and Disaster Agency Washington, DC 20555 110 East Adams Springfield, IL 62705 Docketing and Service Section*

Office of the Secretary Lorraine Creek U.S. Nuclear Regulatory Commission Route 1, Box 182 Washingten, DC 20555 Manteno, IL 60950 Elaine I. Chan Counsel for NRC Staff 4