ML19290C020

Request to Intervene.Petitioner Interests May Be Affected by Proceedings.Membership of Lake Mi Federation Consists of 700 Individuals & 100 Civil & Environ Organizations in In,Il,Mi & Wi.Cert of Svc Encl

ML19290C020
Person / Time
Site:	Bailly
Issue date:	12/28/1979
From:	Robbins R LAKE MICHIGAN FEDERATION
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001090043
Download: ML19290C020 (5)

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UNITED STATES OF AMERICA ry 4 NUCLEAR PEGULATORY COMMISSION qisW

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) ..a s IN THE MATTER OF ) De.cgf Yl

) DOCKET NO. 50-367 -

NORTHERN INDIANA PUBLIC ) g'/ 8 SERVICE COMPANY ) Nd fl&

(Bailly Generating Station, )

Nuclear 1) )

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PETITION FOR LEAVE TO INTERVENE AND ADOPTION __OF OTHER PETITIONS The Lake Michigan Federation by its attorney, Richard L.

Robbins, hereby (1) petitions for leave to intervene in the pro-ceeding concerning the request of Northern Indiana Public Service Company ("NIPSCO") for issuance of an amendment to Construction Permit No. CPPR-104 (the " construction permit") extending the latest date for completion of construction of the proposed Bailly Genera-ting Station, Nuclear 1 ("Bailly"), notice of which was published in the Federal Register on November 30, 1979 (4 4 F.R. 6 9061) ( the

" proceeding"), and (2) adopts and incorporates by reference herein the following documents Petition for Leave to Intervene, Petition for Waiver of or Exception to 10 CFR 550.55(b), and the Petition for Rule Making, filed by those identified therein as Joint Inter-venors and by the State of Illinois, all dated December 20, 1979.

In support of this petition, the Lake Michigan Federaticn states as follows:

1. The Lake Michigan Federation is a person whose interest may be affected by this proceeding and thus is entitled to be 1729 336 6 800109004,3

made a party to the proceeding as a matter of riaht pursuant to Section 189(a) of the Atomic Energy Act of 1954, as amended.

2. The Lake Michigan Federation is a non-profit corporation organized and existing under the laws of the State of Illinois with its principal place of business in the City of Chicago, County of Cook, State of Illinois. The Federation is a citizens' organization serving individual and civic and environmental organizations in Indiana, Illinois, Michigan and Wisconsin.

Among the Federation's principal purposes are the facilitation and leadership of citizen participation in important public policy decisions affecting the existence and quality of Lake Michigan and the quality of the lives of the Federation's members. The Federation's efforts in this regard are directed, inter alia, toward decisions concerning power plant siting, energy conserva-tion, alternate sources of energy to fossil and nuclear fuels, coastal and shoreline management and protection, the preserva-tion and expansion of parks, beaches and other areas of public recreation, enjoyment, and relaxation, and the water quality of Lake Michigan and its surrounding areas, all of which decisions being based upon the facts, evidence, and legal standards and requirements as they are presently known and understood.

3. The membership of the Federation consists of cver 700 individuals and over 100 ci nc and environmental organizat ions in the above mentioned four states. Members of the Federation 1729 337

own property and reside near the Bailly plant. Members of the Federation use and enjoy the many environmental, economic, recreational, and aesthetic benefits provided by the Indiana Dunes National Lakeshore, Cowles Bog National Landmark, Lake Michigan, and the beaches and other public areas adjacent or proximate to the Bailly plant. Members of the Federation use Lake Michigan as a source of drinking water, for fishing, swimming, boating, and other recreational, environmental, and economic activities and aesthetic purposes, adjacent or proximate to the Bailly palnt. This petition is submitted on behalf of the Federation and its individual members and does not constitute or imply representation of its member organizations.

4. The Federation and its individual members have a substantial interest herein in opposition to the construction and operation of the Bailly plant at the proposed site:

(a) The Federation has an interest in preserving and improving the environmental, economic, recreational, and aesthetic benefits of the Indiana Dunes National Lakeshore, Cowles Bog National Landmark, Lake Michigan, and surroundinc; beach, park, fishing, boating, and public access areas, which interest has been, is being, and will continue to be adversely affected by the construction and operation of the Bailly plant; and (b) The Federation's individual members have the same interest as the Federation, specified in (a) above, and the Federation has an obligation to support, 1729 338 protect, and represent said interest of its individual members, which interest and obligation have been, are being, and will continue to be adversely affected by the construction and operation of the Bailly plant.

5. The Lake Michigan Federation wishes to intervene as to all respects of the subject matter of the proceeding.

DATED: December 28, 1979 Respectfully subai ted,

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ard L.I obbin

, f (,i Attorney for thd Lake Michigan Federation 53 West Jackson Boulevard Chicago, Illinois 60604 (312) 427-5121 CERTIFICATE OF SERVICE I hereby certify that I served copies of the foregoing Petition for Leave to Intervene and Adoption of Other Petitions upon each of the following persons, by causing copies to be deposited in the United States mail, first class postage prepaid this 28th day of December, 1979.

John Ahearne Richard Kennedy Chairman Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 1729 339 Peter Bradford Victor Gilinsky Commissioner Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Joseph Hendrie Director of Nuclear Reactor Commissioner Regulation U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission

.1a s hing ton , D.C. 20555 Washington, D.C. 20555 Samuel J. Chilk Secretary of the Commission Secretary of the Commission Att: Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 William H. Eichhorn, Esq. Jack R. Newman, Esq.

Eichhorn, Morrow & Eichhorn Newman, Reis & Axelrad 5243 Hohman Avenue 1025 Connecticut Avenue, N.W.

Hammond, Indiana 4632U Washington, D.C. 20036 Executive Legal Director General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Steven C. Goldberg Dean Hansell Coonsel for the NRC Assistant Attorney General Regulatory Staff 188 West Randolph Street U.S. Nuclear Regulatory Chicago, Illinois 60601 Commission Washington, D.C. 20555 Robert J. Vollen c/o BPI Edward W. Osann, Jr. 109 North Dearborn Street One IBM Plaza Suite 1300 46th Fioor Chicago, Illinois 60602 Chicago, Illinois 60611 Robert L. Graham One IBM Plaza

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Attorney 1729 340