ML19337A122

Motion for Extension Until 800915 to Respond to City of Gary,In Notice of Appeal & Supporting Brief.Counsel Contemporaneously Involved in Other Pleadings.Certificate of Svc Encl

ML19337A122
Person / Time
Site:	Bailly
Issue date:	09/03/1980
From:	Eichhorn W, Shea K EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CPA, NUDOCS 8009080509
Download: ML19337A122 (5)

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Ik UNITED STATES OF AMERICA ,: 'i NUCLEAR REGULATORY COMMISSION .

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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD T

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In the Matter of N s ..: . . e ./

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

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(Bailly Generating Station, ) September 3, 1980 Nuclear-1) )

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NIPSCO'S REQUEST FOR LEAVE TO FILE ITS RESPONSE TO GARY APPEAL ON SEPTEMBER 15, 1980 Late on Friday afternoon, August 29, 1980, copies of the Notice of Appeal and supporting Brief filed by the City of Gary, et al.

were delivered to the receptionist of this law firm. As you know, that was the eve of the three-day Labor Day weekend.

If the Notice and Brief were served by mail, the due date for responsive pleadings would be September 15. Since they were personally served, the due date is September 8, which provides five business days for preparation of a response. This period is extremely short, par-ticularly since work must be done by counsel contemporaneously on a number of other pleadings in this proceeding. E.g., replies to arguments on contentions are due September 12 and 26, responses to motions concerning the Staff determinations on preparation of an en-vironmental impact statement are due September 9 and 10. In addition, discovery has begun and NIPSCO mast respond to a document request by September 26 and depositions of company personnel are scheduled for September 9 and 30.

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NIPSCO therefore requests permission to file its response to Gary's Noti.ce and Brief on September 15, the date fixed by NRC regulations for responses to such pleadings if served by mail.

We believe this will not unreasonably delay action by the Appeal Board in this proceeding since this is also the date for respond-ing to the appeal of Dr. George Schultz which was served by mail on August 29 and well in advance of the October 2 date reserved for oral argument.

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

Washington, D. C. 20036 By f4L k Kathleen H. Shea i

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mf UNITED STATES OF AMERICA ,

t NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD j

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In the Matter of ) Docket No. 50-367  ;

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

) i (Bailly Generating Station, ) September 3, 1980 i Nuclear-1) )  !

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CERTIFICATE OF SERVICE i i

I hereby certify that a copy of NIPSCO's Request for Leave l to File Its Response to Gary Appeal on September 15, 1980 was served on the following by deposit in the United States mail, l postage prepaid, on this 3rd day of September, 1980:

4 Alan S. Rosenthal, Chairman '

{ Atomic Safety and Licensing Appeal Board ,

j U.S. Nuclear Regulatory Commission i j Washington, D. C. 20555  !

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Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 7 Washington, D. C. 20555 1

Thomas S. Moore, Esquire

, Atomic Safety and Licensing Appeal Board l U.S. Nuclear Regulatory Commission Washington, D. C. 20535 Herbert Grossman, Esquire 4

U.S. Nuclear Regulatory Commission Washington, D. C. 20555

) Glenn O. Bright

, U.S. Nuclear Regulatory Commission 4

i Washington, D. C. 20555 Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D. C. 20555

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555 f

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s 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 Commission Washington, D. C. 20555 Susan Sekuler, 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. 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, D. C. 20036 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604  :

1 Mr. George Grabowski Ms. Anna Grabowski l 7413 W. 136th Lane l Cedar Lake, Indiana 46303

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Dr. George Schultz 115 California Michigan City, Indiana 46360 Ll eel 4 -

KATHEEEN H. SHEA Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 1

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