ML19332A429
| ML19332A429 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 09/08/1980 |
| From: | Fahner T, Sekuler S ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CPA, NUDOCS 8009150400 | |
| Download: ML19332A429 (3) | |
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/g BEFORE THE' ATOMIC SAFETY AND LICENSING BOA A
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In the Matter of
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NORTHERN INDIANA FUBLIC
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Docket No. 50-367 SERVICE COMPANY
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(Bailly Generating Station,
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(Construction' Permit Nuclear-1)
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Extension)
STATE OF ILLINOIS' RESPONSE TO NRC STAFF MOTION TO CONSOLIDATE The State of Illinois, by its attorney, TYRONE C.
FAHNER, Attorney General of Illinois, objects to the NRr Staff Motion'To Consolidate.the prosecution of any of the contentions filed in their proceedings in its "NRC Position on Newly Filed Contentions and Motion To Consolidate" of August 22, 1980.
The State has been admitted as an intervenor both as an interested state under 10 C.F.R.
S2.715 and as a party under 10 C.F.R. 52.714.
In each of these positions.the State maintains an in-terest clearly separate from that of any intervenor: the interest which is based'on the State's sovereign responsibility to protect the h'ealth and safety of its citizens.
Therefore consolidation with any other party would deprive the state and each other party with which-it was consolidated from full, active participation in this-proceeding, and thus to prejudice of each party's interests.
The motion for consolidation is also premature.
As consolidation.under the NRC Rules and Regulations applies only to "S009150460 g
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elements involved.in the actual hearing and post hearing processes, it would be inappropriate to grant such a motion at this_ time. Un-til discovery has progressed,'it will be impossible to know pre-cisely whether or not the various parties-to their proceedings have interests which are so undistinguishable as to make any in-dividual prosecution unwarranted.
WHEREFORE the State of Illinois prays that this Board deny the Staff Motion To Consolidate.
Respectfully submitted, TYRONE C. FAHNER Attorney General.
State of Illinois
-m BY:
SUSAN N.
SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312)793-2491 DATED:
September 8, 1980 1
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aI'harcby cartify that copics of tha"Stato of Illinois R2;ponC3 to tha NRC Motion to Conrolidato " attach d hsrsto and datnd S$ptemb;I 8. 1980 in the Matter of Nothern Indiana Public Service Company (Bailly Construction Permit Extension) have been filed with the docketing and service section of the NRC and have been served to the service list attached by deposit in the United States Mail, first class postage pre-paid, this 8th day of Seeptember, 1980.
.n Susan N.
Skuler, Assistant Attorney General Ha"ha" Grossman, Esf. Ch=4 man Robert J. Vollen, Esq.
Atcrnic Safety and Licensi
!Atomic Safety & Licensing c/o BPI Appeal Board Panel Board Panel 109 lbrth non-5,rn U.S. Nuclear Regulatory U,S. Nn-lam Ibgulatory a mi =sion Chicago, T114nois 60602 n,mi=sion Washington, D.C. 20555 Washington, D.C. 20555 --
Dr. Richard F. Cole Michael I. Swygert, Esq.
Docketing & Service Secti htomic Safety & Licensing 25 East Jackson Blvd.
Office of the Secretary Board Panel Clicago, T114ncis 60604 U.S. Nn~1aa" Regulatory W=sian U.S. Nuclear Reculatory Washington, D.C. 20555 W =sion Washington, D.C. 20555
- t. Glenn O. Bright William H. Eichhorn, Esq.
4tomic Safety & Lice =ing Sichirrn, Ibr:w & Eichhorn Ibard Panel 5243 Hohmvn Avenue LS. Nuclear Regulatory Cam.
Hannond, Indiana 46329
- .shington, D.C. 20555 pite4600rard Ossan, Jr., Esq.
Atomic Safety and Licensing Kathleen F.' Shea, Esq Board Panel
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au gg3g be IBM Plaza U.S. Nuclear Regulatory Comm. i Wa=h,ngton, D.C. 20555 1025 Cbnne:ticut Ave.
N.W.
2u';ngo, Illinois 60611 i
Washington, D.C. 20036--
bbert Graham, Esq.
re IBM Plaza B. &
Suite 700 L4th Fir.'r714, -is 60611
- hicago, 2000 P Street, N.W.
Washington, D.C. 20036
'crge and Anna Grobowski Richard L. Phkins, Esq.
e 413 W. 136th Lane Lake Michigan m deration edar Iake, Indiana 46303 53 West Jackson Blvd.
Chicago, T114 mis 60604
- p. George Schult:
Stewn Goldhaq 10 California Street Counsel for the NRC Staff Lichigan City, Indiana 46360 U.S. Nn-laa" Regulatory Cam.
Washington, D.C. 20555 Tl P D "AA a
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