ML19296B533
| ML19296B533 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 02/07/1980 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8002210008 | |
| Download: ML19296B533 (5) | |
Text
..
UNITED STATES OF AMERICA N
NUCLEAR REGULATORY COMMISSION O
o
,7 u
Atomic Safety and Licensing Board 8 @
i, 2
m cg seentan Herbert Grossman, Chairman q
OGC f,t,tsc*
Glenn O. Bright, Member 05 cc
/.
Dr. Richard F. Cole, Member g
gy s-v In the Matter of
)
)
NORTHERN INDIANA PUBLIC SERVICE
)
Docket No. 50-367 COMPANY
)
)
(Construction Permit Extension)
(Bailly Generating Station,
)
Nuclear 1
)
ORDER SETTING SPECIAL PRE-HEARING CONFERENCE Cn November 30, 1979, the Nuclear Regulatory Commission published in the Federal Register a Notice of Opportunity for Hearing on a proposed amendment to Construction Permit No. CPPR-104 issued to Northern Indiana Public Service Company (the permittee) for the construction of the Bailly Generating Station, Nuclear 1 (the facility), a boiling water reactor to be located 12 miles north-east of Gary, Indiana.
The proposed amendment of the permit would extend the latest date for completion of the facility from September 1, 1979 to December 1, 1987.
The notice provided that the permittee might file a request for a hearing and that any person whose interest might be affected by the proceeding might 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.
S50.55(b),
good cause has been shown for the extension of the completion date of the facility.
The notice required that all petitions for leave to intervene be filed by 8002210
. December 31, 1979, in accordance with the provisions of the notice and 10 C.F.R. 52.714.
By that date, petitions to intervene were received from Dr. George Schultz, joint petitioners (Porter County Chapter of the Izaac Walton League of America, Inc.; Concerned Citi-zens Against Bailly Nuclear Site; Businessmen for the Public Inter-est, Inc.; James E. Newman; and Mildred Warner), Local 1010 of the United Steelworkers of America, the Lake Michigan Federation, Stephen Laudig, the City of Gary, Local 6787 of the United Steel-workers of America, the Bailly Alliance, Save the Dunes Council, the Critical thss Energy Proj ect, George and Anna Grabowski, and the State of Illinois (by its Attorney General), who wish to inter-vene as parties under 10 C.F.R. 52.714.
The State of Illinois also sought intervention as an interested State under 10 C.F.R. 52.715(c).
Certain of the petitioners also petitioned for a waiver, or an exception to, 10 C.F.R. 550.55(b), to the extent that it might be interpreted so as to limit matters to be considered in this pro-ceeding to the reasons why construction was not completed by the latest date in the construction permit.
The staff and permittee opposed the petitions to intervene as interested parties under 10 C.F.R.
S 2.714 and the petitions for waiver of, or exception to, 10 C.F.R. 550.55(b), although neither opposed the State of Illinois' petition to intervene as an interested State under 10 C.F.R. S 2.715(c) if a hearing uere to be granted to a petitioner under S 2.714.
. An Atomic Safety and Licensing Board (Board) was desig-nated to rule upon intervention petitions and requests for hearing, and to preside over the proceeding in the event that a hearing is ordered.
The members of the Board are Nb. Glenn O. Bright, Dr.
Richard F. Cole and Mr. Herbert Grossman, who will serve as Chair-man of the Board.
44 Fed. Reg.1711 (January 8,1980).
Pursuant to the provisions of 10 C.F.R. S 2.751(a) the Board will conduct a special prehearing conference beginning at 9:30 a.m. on March 12, 1980 and continuing through March 13, 1980, if necessary, at the public hearing room, Porter County Courthouse Annex, 1401 North Calumet Street, Valparaiso, Indiana 46383.
All prospective parties to this proceeding, or their respective council, are directed to attend.
At the special prehearing conference, in addition to discussing all of the issues raised with regard to the intervention petitions and the request for waiver of or exception to C.F.R.
S 50.55(b), the parties should be prepared to discuss si'cific issues that might be considered at an evidentiary hearing an,possible further scheduling in the proceeding.
The petitioners shall file supplements to their petitions not later than 15 days prior to the special prehearing conference which shall include a list of specific contentions sought to be litigated in this proceeding.
The petitioners and permittee are directed to arrange for the permittee to pick up the supplemented p,etitions on that date (February 26, 1980), including copies to be hand-delivered to the Board and staff, to avoid delays that would otherwise be occasioned by a mailing of the filings.
The permittee and staff are requested to file any responses to the supplemented petitions by March 7, 1980 and deliver copies to the Board on that date.
We note the objections of the joint petitioners and the State of Illinois to the Board's scheduling a special pre-hearing conference under 10 C.F.R.
$ 2.751a(a) because no Notice of Hearing has been issued.
Section 2.751a(a) not only provides for a confer-ence within 90 days after the Notice of Hearing is published but also for "such other time as the Commission or the preeiding offi-cer may deem appropriate."
In additio" 10 C.F.R. 5 2.718 (h) permits the presiding officer to hold conferences for "any*** proper purpose."
While the petitioners insist upon the issuance of a Notice of Hearing prior to the holding of a special pre-hearing con-ference, the permittee and staff have raised substantial objections to the petitions and, therefore, to the need to ever hold a hearing.
Under those circumstances, it would appear inappropriate to pre-judge the issue involVi'ng the adequacy of the intervention petitions without affording the participants an opportunity to argue their positions. See Cincinnati Gas and Electric Company (William H.
Zimmer Nuclear Power Station), ALAB-305, 3 N.R.C. 8 (1976).
. Consequently, the Board determines that holding the special pre-hearing conferenec at this time is for a " proper purpose" under 5 2.718 and " appropriate" under 5 2.751a(a).
The public is invited to attend the special prehearing conference.
No oral limited appearance statements will be permitted at this conference.
If a hearing is granted, opportunity for limited appearance statements will be afforded at subsequent evidentiary hearings near the site of the facility.
Written limited appearance statements may be mailed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D. C. 20555 or submitted at any subsequent conferences or sessions of the evidentiary hearing.
Board members Glenn O. Bright and Richard F. Cole concur in this order.
BY ORDER OF THE BOARD FOR THE ATOMIC SAFETY AND LICENSING BOARD
.b^ttoo m b
Herbert Grossman, Chairman Dated at Bethesda, Maryland this 7th day of February, 1980