ML19339A388
| ML19339A388 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 10/30/1980 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bright G, Cole R, Grossman H Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CPA, NUDOCS 8011030730 | |
| Download: ML19339A388 (2) | |
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g NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 2C555 7i
'%,,,,, #y October 30, 1980 Herbert Grossman, Esq.
Dr. Richard F. Cole Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Mr. Glenn 0. Bright Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555 In the Matter of NORTHERN INDIANA PUBLIC SERVICE COMPANY (Bailly Generating Station, Nuclear-1)
Docket No. 50-367 (Construction Permit Extension)
Gentlemen:
Intervenors in the captioned proceeding have contended that an environmental impact statement must be issued in connection with this construction permit extension proceeding. These intervenors filed separate motions in August, 1980 requesting the Board to order the Staff to promptly inform the Board and parties of whether or not it will prepare an impact statement in this matter.
In its response to these motions, the Staff indicated that it ex-pected to arrive at such a determination in early October, 1980.
The Board denied these separate motions by order of September 26, 1980.
With regard to this matter, the Staff has decided to prepare an environ-mental impact appraisal in connection with the Bailly permit extension action t
before determining whether an impact statement should be prepared in this matter. This appraisal will consider the environmental impacts attributable to the prolonged period of construction requested,*/ including post-extension construction dewatering effects, and alternatives to the proposed action if deemed necessary under Section 102(2)(E) of the National Environmental Policy Act. The Staff is prepared to brief any question regarding the scope of this appraisal if the Board desires.
If it is found that any significant environmental impacts will result from an extension of the overall period of construction, the Staff will prepare
-*/ See Indiana and Michigan Electric Co. (Donald C. Cook Nuclear Plant, ITnTts 1 and 2), ALAB-129, 6 AEC 414, 421 (1973).
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( an additional impact statement or supplement to the existing Bailly Final Environmental Statement as appropriate. The Staff hopes to complete its impact appraisal and furnish copies to the Board and parties in this matter by January 15, 1981.
Separate and apart from this matter, in its " Statement of Interim Policy" regarding accident considerations published in the Federal Register on June 13, 1930, the Commission directed the Staff to identify any plants which have construction permits that:
"might warrant early consideration of either. additional features or other actions which would prevent or miti-gate the consequences of serious accidents." 45 Fed. Reg. 40101, 40103.
This directive was noted in the Commission's July 29, 1980 advance notice of rulemaking regarding reactor siting criteria (45 Fed. Reg. 50350). A Staff determination on whether Bailly is a plant which warrants the early consideration specified therein will be reached in the near future. The outc%ne # any such consideration will form a part of the Director of Nuclear Reattor Regulation's evaluation of the pending request of the State of Illinois and C'ty of Gary for action regarding Bailly pursuant to 10 C.F.R. 5 2.206.
Sincerely,
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Steven C. Goldberg Counsel for NRC Staff cc: Kathleen H. Shea, Esq.
Robert J. Vollen, Esq.
Edward W. Osann, Jr., Esq.
Robert L. Graham, Esq.
George and Anna Grabowski John Van Vranken, Esq.
Mr. Clifford Mezo William H. Eichhorn Esq.
Dr. George Schultz Dia?.e B. Cohn, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section s
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