ML19290E167

Response in Opposition to Porter County Chapter of Izaak Walton League of America,Inc 800220 Motion for Reconsideration of State of Il Request for Continuance.Urges Compliance W/Aslb 800207 Order.W/Certificate of Svc

ML19290E167
Person / Time
Site:	Bailly
Issue date:	02/25/1980
From:	Axelrad M, Eichhorn W EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003050001
Download: ML19290E167 (6)

Text

/ O' _, S UNITED STATES OF AMERICA

. 'A 6 ,. s \. x/ .l\ @ .i ~J BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367 ) NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension) ) (Bailly Generating Station, ) February 25, 1980 Nuclear 1) ) NIPSCO'S RESPONSE TO " MOTION FOR (1) RECONSIDERATION OF DENIAL OF STATE OF ILLINOIS MOTION FOR CONTINUANCE, AND (2) CONTINUANCE" On February 20, 1980, petitioners Porter County Chapter of the Izaak Walton League of America, Inc., et al. filed a Motion which requests the Board to reconsider its denial of Illinois' Motion for Continuance and also requests a continuance on behalf of the Porter County Chapter peti-tioners. Since no time for the continuance is specified, we assume these petitioners seek the same period requested by Illinois (i.e., prehearing conference on March 27-28 with supplemental petitions to be filed 15 days in advance). NIPSCO opposes these requests and reiterates the position taken in our Response to Illinois' Motion for Continuance -- i.e., "the best course may be to adhere to the schedule" established in the Board's order dated February 7, 1980. 800303 0oo; First, there is no merit to Porter County's claim that the February 26 date set for it to file the supplement to their petition is inadequate. The fact is that petitioners have long sought a hearing on this matter which included their participation and have been on notice at least since November 30, 1979, that they must file contentions and supplement their petitions. They can scarcely be heard to complain now of inadequate time. Indeed, it does not seem credible that they would have relied on the motion for an extension filed by another party -- rather than filing one themselves -- if they regarded the burden to be serious. Second, the claim that the procedures followed in denying the State of Illinois' motion were " unfair," "inap-propriate" or " improper" is even more lacking in merit. Discussions of the type referred to in the motion are not barred by the NRC's regulations. 10 CFR S 2.780(a) bars only discussion of "any evidence, explanation, analysis or advice . . . regarding any substantive matter at issue in [the] proceeding . . . ." There has been no suggestion that any such matter was discussed. Moreover, discussions between Board Chairmen and one counsel limited to problems relating to their schedules and possible conflicts are in fact conducted as a matter of practice. See, e.o., Florida Power & Light Co. (St. Lucie Unit No. 2), ALAB-537, 9 NRC 407, 409 (1979). The motion should be denied. Respectfully submitted, William II. Eichhorn EICrIHORN , EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 Maurice Axelrad Kathleen H. Shea LOWENSTEIN, NEh11AN , REIS, AXELRAD & TOLL 1025 Connecticut Avenue, NW Washington, DC 20036 BY: hL%- L O bd' MAURICE AXELRAD UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367 ) NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension) ) (Bailly Generating Station, ) February 25, 1980 Nuclear 1) ) CERTIFICATE OF SERVICE I hereby certify that a copy of "NIPSCO's Response to ' Motion for (1) Reconsideration of Denial of State of Illinois Motion for Continuance, and (2) Continuance'" was served on the following by deposit in the United States mail, postage prepaid, or by hand delivery on this 25th day of February, 1980. Herbert Grossman, Esquire-*/ U.S. Nuclear Regulatory Commission Washington, DC 20555 Glenn O. Bright-*/ U.S. Nuclear Regulatory Commission Washington, DC 20555 Richard F. Cole-*/ U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20553 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Wz.shington, DC 20555 Steven Goldberg, Esquire-*/ Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555

• / By messenger

e 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 W. 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, DC 20036 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 Stephen Laudig, Esquire 445 N. Pennsylvania Street Suite 815-816 Indianapolis, Indiana 46204 e Dr. George Schultz 110 California Michigan City, Indiana 46360

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N MAURICE AXELRIW Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, NW Washington, DC 20036