ML19257C952

Motion for Issuance of Order Scheduling 800228-29 Prehearing Conference & for Filing Supplemental Petitions to Intervene. Action Will Facititate Expeditious Disposition of Issues.W/ Notices of Appearance & Certificate of Svc

ML19257C952
Person / Time
Site:	Bailly
Issue date:	01/18/1980
From:	Eichhorn W, Shea K EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19257C942	List: ML19257C941 ML19257C944 ML19257C950 ML19257C952
References
NUDOCS 8001310127
Download: ML19257C952 (11)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC SERVICE ) (Construction Permit COMPANY ) Extension)

)

(Bailly Generating Station, ) Januarj 18, 1980 Nuclear 1) )

MOTION FOR ESTABLISHMENT OF SCHEDULE FOP.

PREHEARING CONFERENCE AND RELATED FILINGS Northern Indiana Public Service Company (NIPSCO) here-by requests that the Atomic Safety and Licensing Loard (Board),

pursuant to the provisions of 10 C.F.R. S 2.714 (b) and S 2.751a issue an order establishing a schedule for a pre-hearing conference and for the filing of supplemental peti-tions to intervene and responses thereto. The requested action will facilitate orderly and expeditious disposition of the matters set forth in the " Notice of Opportunity for Hearing on Construction Permit Extension" published No-vember 30, 1979 (44 Fed. Reg. 69061), with respect to NIPSCO's request for an amendment to Construction Permit No. CPPR-104 to extend the latest date for completion of the construc-tion of the Bailly Generating Station, Nuclear 1 (the fa-cility) from Septs.. >r 1,1979 7 to December 1, 1987. The order is requested for the following reasons.

The " Notice of Opportunity for Hearing" invited "any person whose interest may be affected" by the proceeding to 1844 049 8 0 01 a1o / M .

file a request for a hearing in the form of a petition for leave to intervene "with respect to whether, pursuant to 10 C.F.R. 50.55(b), good cause has been shown for ex-tension of the completion date for Construction Permit No.

CPPR-104 for a reasonable period of time; i.e., with respect to whether, pursuant to 10 C.F.R. 50.55(b), the causes put forward by the Permittee are among those which the Commission will recognize as bases for extending the com-pletion date."

Between December 20 and December 31, five petitions to intervene ! were filed on behalf of a dozen individuals and organizations and the State of Illinois. Pursuant to orders of the Board dated December 31, 1979, and January 8, 1980, NIPSCO responded to the petitions on January 18, 1980, urging that all petitions be denied for the reasons set forth in NIPSCO's Response to Petitions Filed in Response to Notice of Opportunity for Hearing.--/

It is obvious from the petitions and NIPSCO's response

-*/ Local 1010 of the United Steelworkers of America filed a document entitled " Petition to Deny Permit." We assume that this document will be treated as a petition for leave to intervene pursuant to 10 C.F.R. S 2.714.

~~**/ A number of letters were also written to the NRC in apparent response to the Notice. Most of them are clearly not requests for hearing or petitions for leave to intervene. Several might be interpreted as such requests or petitions and we have responded to them in MIPSCO's Response to Letters Filed by Citizens Grabowski, Laudig, and Schultz (Jan. 18, 1980).

1844 050

that the views of the Petitioners differ widely from NIPSCO's views with respect to the permissible scope of any hearing which might be held regarding the r quested n rosumably, the se views construction permit extension.

will be reflected in the parties' rositions n garding the admissibility of contentions.

Indeed, some of the Petitioners apparently even dis-pute whether they are required to file contentions before they begin discovery. In Paragraph 11 of the petitions filed by Illinois and Porter County Chapter, / Petitioners take the position that they will identify the specific contentions which they wish to litigate at some future date "following discovery and other appropriate procedures."

This position conflicts with the provisions of 10 C.F.R.

S 2.714(b) and 10 C.F.R. S 2.740(b) which clearly provide that, not later than 15 days prior to the prehearing con-forence, Petitioners must supplement their petitions to include a list of the contentions which they wish to liti-gate and that discovery shall not begin until af ter the Board has identified the matters in controversy follow-ing the prehearing conference.

-*/ Porter County Chapter of the Izaak Walton League of America, Inc.; Col.cerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.; James E. Newman and Mildred Warner.

1844 051

It is because of this apparent conflict with Commis-sion regulations and the widely divergent views regarding the permissible scope of this proceeding that NIPSCO be-lieves it essential to require the filing of amended peti-tions, including specific contentions, by a specific date.

We assume that the Board will follow the usual prehearing practice provided by 10 C.F.R. S 2.751a, convening a pre-hearing conference within 90 days after publication of the notice and permitting Petitioners to file amendments to their petitions, including specific contentions, up to 15 days before the prehearing conference.

Moreover, in order to facilitate an effective pre-hearing conference which is more carefully focused, the filing of contentions should be required to be completed by a date certain, which enables UIPSCO and the NRC Staff to respond in writing, so that the positions of all partic-ipants are known to the Board and others before the pre-hearing conference.

Because of the number of petitions and the apparently wide variety of contentions which the Petitioners seem to believe are appropriate for consideration in this proceeding, it appears prudent to reserve two days for a prehearing conference. NIPo70 therefore requests the Board to establish a schedule (i) providing for a prehearing conference on February 28 and 29; (ii) requiring Petitioners to file, not later than February 12, 1980, a supplement to their 1844 052

petitions to intervene, including a list of contentions which Petitioners seek to have litigated and the bases for each contentioin set forth with rearonable specificity; and (iii) providing fer responses to Petitioners' conten-tions by NIPSCO and the Staff by February 25, 1980.

To avoid delays occasioned by mailing of the required filings, NIPSCO will arrange for pickup from all Petitioners of their supplemented petitions on February 12, 1980, and will deliver copies to the Board and Staff if desired.

NIPSCO will also arrange for hand delivery of its response to any Petitioner to whom the response is directed, to the Board, and to the NRC Staf f on February 25, 1980, and make similar arrangements for Staff responses if desired.

Respectfully submitted, William II. Eichhorn EICIIIIORN , EICIIIIORN & LINK 5243 IIohman Avenue IIammond , Indiana 46320 Maurice A>:elrad, Esquire Kathleen II. Shea, Esquire LOWENSTEIN , NEWMA'!, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

. r 7 j f rf BY: O [hg>VJ ~b/ (M.,,- %m WILLIAIl II . EICIIIIOR'l

/

BY: . [h

} sTIILECN II . SIEA f-1844 053

UNITED STATES OF N1 ERICA NUCLEAR REGULATORY COf*J1ISSION In the !!atter of )

)

NORTHER'I INDIANA PUBLIC ) Docket No. 50-367 SERVICE CO 1PANY )

) (Construction Permit Bailly Generating Static a, ) Extension)

Nuclear 1 i NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with S2.713, 10 C.F.R. Part 2, the following information is provided:

Name -

William II. Eichhorn Address - Eichhorn, Eichhorn & Link 5243 llohman Avenue llammond , Indiana 46320 Telephone Number -

(219) 931-0560 Admission -

U.S. Supreme Court; U.S.

Circuit Court of Appeals Seventh Circuit; U.S. District Court, Northern District of Indiana; Indiana Supreme Court Name of Party -

Northern Indiana Public Service Company 5265 IIohman Avenue IIammond , Indiana 46325 b Y/ s > >n f.e dWn ~

William II. Eichhorn Attorney for Northern Indiana Public Service Company Dated at Washington, D.C. 1844 054 this 15th day of January, 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY )

) (Construction Permit Bailly Generating Station, ) Extension)

Nuclear 1 )

NOTICE OF APPEAPANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with S2.713, 10 C.F.R. Part 2, the following information is provided:

Name -

Maurice Axelrad Address -

Lowenstein, Newman, Feis, Axelrad & Coll 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Telephone Number -

(202) 862-8400 Admission -

U.S. Court of Appeals for the District of Columbia Circuit; and Court of Appeals of New York Name of Party -

Northern Indiana Public Service Company 5265 Hohman Avenue Hammond, Indiana 46325 h.w% [c Aaj Maurice Axelrad Attorney for Northern Indiana Public Service Company Dated at Washington, D.C.

th is 15th day of January, 1980 1844 055

UNITED STATES OF AMERICA NUCLFAR REGULATORY COMMISSION In the Matter of )

)

NORTIIER'I INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY )

) (Construction Permit Bailly Generating Station, ) Extension)

Nuclear 1 )

NOTICE OF APPEARN!CE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with S2.713, 10 C.P.R. Part 2, the following information is provided:

Name Kathleen II. Shea Address - Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Telephone Number -

(202) 862-8400 Admission -

Supreme Court of Kansas; District of Jolumbia Court of Appeals Name of Party - 'Jo r th;t u Indiana Public Service Company 5265 IIohman Avenue llammond , Indiana 46325 1

~

h) 1 b'i l Kathleen II. Shea Attorney for Northern Indiana Public Service Company Dated at Washington, D.C.

this 15th day of January, 1980 1844 056

e f

UNITED STATES OF NEERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket No. 50-367 NORTHEPOI INDIANA PUBLIC )

SERVICE COMPANY ) (Construction Permit

) Extension)

Bailly Generating Station, )

Nuclear 1 )

CERTIFICATE OF SERVICE I hereby certify that copies of UIPSCO'S Response to Petitions Filed in Response to Notice of Opportunity for Hearing; NIPSCO'S Response to Letters Filed by Citizens Grabowski, Laudig, and Schultz; Licensee's Answer to Petitions for Waiver of or Exception to 10 C.F.R. S 50.55(b); Motion for Establishnent of Schedule for Prehearing Conference and Related Filings; and Notices of Appearances were served on the following by deposit .in the United States mail, postage prepaid, or by hand delivery this 18th day of January, 1980.

Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission Washingttn, D.C. 20555 Glenn O. Bright U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nucl_ ear Regulatory Commission Washington, D.C. 20555 Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 057

William J. Scott, Esquire Dean Hansell, Esquire Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Edward U. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Diane B. Cohn, Esquire William B. Schultz, Esquire Suite 700 2000 P Street, N.W.

Washington, D.C. 20036 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Grabouski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 Stephen Laudig, Esquire 445 N. Pennsylvania Street Suite 815-816 Indianapolis, Indiana 46204 1844 059

. c, Dr. George Schultz 110 California Michigan City, Indiana 46360

> een / i ut KAT,llLEEN 11. SilET Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 1844 059