ML19254F311
| ML19254F311 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 10/23/1979 |
| From: | Mulkey M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7911090015 | |
| Download: ML19254F311 (4) | |
Text
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4 P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 10/23/79 BEFORE THE COMMISSION
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In the Matter of
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Docket No. 50-367 N)
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(Bailly Generating Station,
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NRC STAFF RESPONSE TO MOTION TO CONSOLIDATE FILED BY REQUESTERS PORTER COUNTY CHAPTER OF IZAAK WALTON LEAGUE OF AMERICA, INC., ET AL.
On October 3, 1979, a " Motion to Consolidate Requests for Hearing" was filed by all those petitioners who has previously filed (on November 1, 1978) a request that the Commission institute hearings on the Permittee's March 28, 1978 report relating to the technique for installation of pile foundations for the Bailly facility. The Commission, on December 11, 1978, posed certain questions to the Staff and Permittee regarding that request, responses to which were timely filed.
In the intervening period, the Cormission has also requested ACRS consideration of certain issues in this matter. Letter from Joseph Hendrie to Max W. Carbon (June 8, 1979) and letter from Max W. Carbon to Joseph Hendrie (July 16,1979).
The Com-mission thereafter permitted comments on the ACRS response,-Order of July 25, 1979, and all participants filed comments.
1303 352 The second request involved in this " Motion to Consolidate Requests" was filed by these same petitioners on February 29, 1979, March 5, 1979, and March 27, 1979, and sought an opportunity for a hearing on the Permittee's 7911090 Ob
. application to extend the latest date for completion of construction.
The petitioners jointly amended their requests for hearing to reflect an amendment by the Permittee altering its projected latest completion date.
The requests for a hearing on the extension of the construction permit have bee considered by the Director of Nuclear Reactor Regulations (NRR),
as such requests are customarily handled.
In fact, the Director of NRR has determined that, in the unique circumstances of this case, he will shortly issue a notice of opportunity for hearing in the construction per-mit extension matter, and both petitioners and Permittee were so informed prior to the filing of the present " Request for Consolidation."
In light of the totally disparate nature of these matters and in light of the fact that the Commission is itself considering the request relating to the pilings matter while the Director of NRR will act on the Construction Permit extension matter, we feel that the motion to consolidate requests is wholly inappropriate and should be denied.
Respectfully submitted, qm L2/k.7 LL c u Marcia E. Mulkey Counsel for NRC 5taff Dated at Bethesda, Maryland this 23rd day of October, 1979.
1303 353
UN'ItiD STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Natter of
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NORTHERN INDIANA PUBLIC
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Docket No. 50-367 SERVICE COMPANY
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(Bailly Generating Station,
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Nuclear ;)
j CERTIFICATE 0F SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION TO CONSOLIDATE FILED BY REQUESTERS PORTER COUNTY CHAPTER OF IZAAK WALTON LEAGUE OF AMERICA, INC., ET AL.", in the above-captioned proceed, q have been served on the followTngly deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 23rd day of October, 1979:
- Mr. Samuel J. Chilk, Secretary Richard L. Robbins, Esq.
U. S. Nuclear Regulatory Commission Lake Michigan Federation Washington, D.C.
205S5 53 West Jackson Boulevard Chicago, Illinois 60604 Maurice Axelrad, Esq.
Susan N. Sekuler, Esq.
Lowenstein, fjewman, Reis, Axelrad & Toll Assistant Attorney General 1025 Connecticut Avenue, N.W.
Environmental Control Division Washington, D.C.
20036 188 West Randolph Street Robert J. Vollen, Esq.
109 North Dearborn Street Michael I. Swygert, Esq.
Chicago, Illinois 60602 25 East Jackson Boulevard Chicago, Illinois 60604 Edward W. Osann, Jr., Esq.
Wolfe, Hubbard, Leydid, Voit William Andrews, President
& Osann, Ltd.
Local 1010 Suite 4600 United Steelworkers of America Lne IBM Plaza 3703 Euclid Cnicago, Illinois 60611 East Chicago, Indiana 46312 Robert L. Graham, Esq.
William H. Eichhorn, Esq.
One IBM Plaza Eichhorn, Morrow & Eichhorn 44th Floor 5243 Hohman Avenue Chicago, Illinois 60611 Hammond, Indiana 46320 1303 354
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- Atomic Safety and Licensing Mr. J. R. Whitehouse Board Panel Indiana Dunes National Lakeshore U.S. Nuclear Regulatory Commission National Park Service Washington, D.C.
20555 U.S. Dept. of the Interior Route 2, Box 139A
- Atomic Safety and Licensin9 Chesterton, Indiana 46304 Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Leonard Biclwit, :sq.
Office of tie General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 fh. ~. S li x..
Marcia E. Mulkey
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Counsel for IRC Staff 1303 355