ML19339B170

Responds to 801028 Order Inviting City of Gary to Comment on NRC Position Re Delegated Authority of LS Rubenstein to Issue Notice of Opportunity for Hearing.No Position Taken Pending Further Clarification of Issues to Be Addressed

ML19339B170
Person / Time
Site:	Bailly
Issue date:	11/04/1980
From:	Cohn D COHN, D.B.
To:	Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8011060446
Download: ML19339B170 (1)

Text

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Ms. C. Jean Bishop, Secretary 251" 2 Atomic Safety and Licensing Appeal Board QS :n 3

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U.S. Nuclear Regulatory Commission $ .x "$

Washington, D.C. 20555 0 3 j u

Re: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station -

Nuclear - 1) Docket No. 50-367 -

Dear Ms. Bishop:

I am in receipt of the Appeal Board's Memorandum and Order of October 28, 1980, which invites the City of Gary, e al. to commant on the NRC Staff's position with respect j

to the delegated authority of Mr. L.S. Rubenstein to issue the notice of opportunity for hearing in this proceeding. As the Board's Order indicates, the issue of Mr. Rubenstein's authority was raised by the Board sua sponte, and after oral argument in these appeals.

Because this matter was not discussed in any of the parties' briefs or by the Board at oral argument, it is un-clear to the Gary petitioners what issues the Board wishes the parties to address. We are thus hesitant to take any position without further clarification from the Board.

Accordingly, at this time, the City of Gary, et al.

are not in a position to respond to the Staff's subiEission. '

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