ML19290B991

Request for Extension Until 800118 to Respond to Petitions Received on 791220.Response Period Includes Two Major Holidays.Nrc Does Not Object to Extension.Certificate of Svc Encl

ML19290B991
Person / Time
Site:	Bailly
Issue date:	12/28/1979
From:	Shea K LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001090018
Download: ML19290B991 (5)

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1. 6 UNITED STATES OF AMERICA

% A CD NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket No. 50-367

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

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December 28, 1979 (Bailly Generating Station, Nuclear 1) )

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REQUEST FOR EXTENSION OF TIME FOR FILING RESPONSES Licensee Northern Indiana Public Service Company (NIPSCO) has requested that Construction Permit No. CPPR-104, which author-izes construction of the Bailly Generating Station, Nuclear 1, be extended. On November 30, 1979, the Commission published a notice offering members of the public the opportunity to request that a hearing be held with respect to whether good cause has been shown for extension of the completion date for a reasonable period of time. (44 Fed. Reg. 69061.)

Licensee has received a number of petitions filed by the State of Illinois, Porter County Chapter of the Isaak Walton League of America, Inc., et al., and Local 1010 of the United Steelworkers of America. Illinois and Porter County, et al., have each filed separate petitions requesting " waiver of or exception to" 10 C.F.R.

S50.55 (b) .

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Certificates recite that the petitions were served on December 20 and 21, 1979, and under NRC regulations (10 C.F.R.

S2.714(c)) NIPSCO is required to respond by January 4 and 7, 1980. In addition to matters, such as standing, which are usually raised in connection with petitions for leave to inter-vene, the instant petitions raise numerous substantive and pro-cedural questions which require detailed and careful responsive pleadings. Those pleadings are impossible to complete within the period fixed by the regulations. We note in particular that the period includes two major holidays, Christmas and New Year's Days, which in 1979, have effectively been converted into two four-day weekends during which periods technical personnel who should be consulted in connection with preparation of ti.e plead-ings are unavailable. ,

NIPSCO therefore respectfully requests an extension to January 18, 1980, of time within which to respond to the petitions

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dated December 20, 1979. Counsel for the NRC Staff has advised us that the Staff has no objection to this request provided that, consistent with 10 C.F.R. 52. 714 (c) , it not be required to file Mr. Hansell, its responses until five days after NIPSCO's filing.

Counsel for the State of Illinois, also stated that he has no objection to this request. Counsel for NIPSCO has attempted to reach counsel or representatives for each of the other petitioners.

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Mr. Vollen, counsel for Porter County, et al., is out of town until Wednesday, January 2. Representatives authorized to speak for Local 1010 were unavailable at the time this Request is filed.

Respectfully submitted, William H. Eichhorn, Esquire EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 Maurice Axelrad, Esquire Kathleen H. Shea, Esquire LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 BY: b dk -

N_

KATHLEEN H. SHEA 1729 097 P

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY A'JD LICENSING BOARD In the Matter of ) Docket No. 50-3#7

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NORTHERN INDIANA PUBLIC SERVICE ) (Constructior. Permit COMPANY ) Extension)

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(Bailly Generating Station, )

December 28, 1979 Nuclear 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of a " Request for Extension of Time for Filing Responses", has been served upon the following, in person or by deposit in the United States mail, first class or air mail this 28th day of December, 1979.

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commicsion Washington, D.C. 20555 William J. Scott, Esquire 1729 098 John Van Vraken, Esquire 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 W. Oscnn, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esqaire One IBM Plaza 44th Floor Chicago, Illinois 60611 It. Mike Olszanski Mr. Clifford Mezo '

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United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Resp ctfully submitted, 1

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kathleenH. Shea, Esquire LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 1729 099