ML19344A771

Motion for Extension Until 800911 to File Arguments Re State of Il Contentions in Response to ASLB 800808 Order.Sn Sekuler,Replacing D Hansell Who Formulated Contentions,Is Involved in Other Actions.Certificate of Svc Encl

ML19344A771
Person / Time
Site:	Bailly
Issue date:	08/15/1980
From:	Fahner T, Sekuler S ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CPA, NUDOCS 8008220176
Download: ML19344A771 (5)

Text

_-

'O .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board h

In the Matter of )

)

NORTHERN INDIANA PUBLIC ) Docket No. 50-367  ;

SERVICE COMPANY )

)

(Bailly Generating Station, )

Nuclear 1) )

MOTION FOR EXTENSION OF TIME On August 13, 1980 the State of Illinois (Illinois) received service on this Board's Order of August 8, 1980, which order authorized a hearing in this cause of action and admitted Illinois as an Intervenor in this proceeding. This same order set a schedule for additional submissions to the Board (order of 8/8/80 at 69). As part of that schedule, arguments in regard to Illinois' contentions previously incorporated by reference are due to be filed on August 28, 1980. Illinois hereby moves this Board for an extension of time to September ll, in which to file its response. The following facts are submitted in support of Illinois' motion:

1. Dean Hansell, the Assistant Attorney General who i

originally filed the petitions in this case, and the attorney l l

who formulated the contentions at issue,is no longer associated with Illinois.

4

- 8 0 082 2 0/ 7b' G

m

2. The attorney now associated with this case is Susan N. Sekuler.

3. Ms. Sekuler is also lead counsel for several other actions which require immediate attention. They include People of the State of Illinois v. U.S. Department of Energy, on Appeal in the U.S. Court of Appeals for the Seventh Circuit, Docket No. 80-1962 (Brief due August 25, 1980), and in the Matter of Commonwealth Edison, (Dresden Spent Fuel Pool Expansion) NRC Docket No. 50-237 and 50-249, (Prehearing conference schedulei August 19, 1980).

4. To meet the schedule set in this proceeding it will be necessary to file responses on August 18, 1980, August 25, 1980, August 28, 1980 and September 9, 1980.

5. Ms. Sekuler has previously scheduled a vacation for August 25 to September 2, 1980.

6. As both Mr. Hansell and Ms. Sekuler will be unavailable l

to prepare and file the August 28, 1980 respon..e, and as there is no other attorney presently familiar with the issues in this action, Illinois will be unable to meet the August 28, 1980 filing date.

WHEREFORE, Illinois moves this honorable Board to extend the time for filing.until September 11, 1980.

Respectfully submitted, TYRONE C. FAHNER Attorney General State of Illinois

< e' 3Y: -

SUSAN N. SEKULER I Assistant Attorney General Environmental Control Division i l

188 West Randolph, Suite 2315 l l

Chicago, Illinois 60601

~

CERTIFICATION I, SUSAN N. SEKULER, an assistant attorney general in the Environmental Control Division of the Illinois Attorney General' hereby certify that all facts asserted in the attached Motion for Extension of Time are true to the best of my knowledge and belief.

i

'Ki t ,

Susan N. Sekuler DATED: August 15, 1980 4

4 y,--w w wr.w -p , - + - -

w -m -

7-CERTIFICATE OF SERVICE I hereby certify that on this 18th day of August, 1980 I served copies of the foregoing Motion for Extension of Time dated August 18, 1980 upon each of the persons named on the attached Service List, by causing copies to be deposited in the U.S. Mail, in envelopes properly addressed and sealed, first. class, postage prepaid.

pA

• / f , ** *

• g , ', .'w Susan N. Sekule r 1

J i l I

l

r

' o SERVICE LIST CERTIFICATE OF SERVICE (cont ' d)

Herbert Grossman, Esq. Michael I. Swygert, Esq.

Chairman 25 East Jackson Blvd.

Atomic Safety & Licensing Chicago, Illinois 60604 Board Panel U.S. Nuclear Regulatory Comm. Wiliam H. Eichhorn, Esq.

Washington, D.C. 20555 Eichhorn, Morrow & Eichhorn 5243 Hohmvn Avenue Dr. Richard F. Cole Hammond, Indiana 46329 Atomic Safety & Licensing Board Panel Stephen Laudig, Esq.

U.S. Nuclear Regulatory Com. 445 N. Pennsylvania, Indiana Washington, D.C. 20555 46204 Mr. Glenn O. Bright Diana B. Cohn Atomic Safety & Licensing Suite 700 Board Panel 2000 P Street, N.W.

U.S. Nuclear Regulatory Com. Washington, D.C. 20036 Washington, D.C. 20555 Richard L. Robbins, Esq.

Edward Ossan, Jr., Esq. Lake Michigan Federation Suite 4600 53 West Jackson Blvd.

One IBM Plaza Chicago, Illinois 60604 Chicago, Illinois 60611 Steven Goldberg Robert Graham, Esq. Counsel for the NRC Staff One IBM Plaza U.S. Nuclear Regulatory Com.

44th Floor Washington, D.C. 20555 Chicago, Illinois 60611 Atomic Safety & Licensing Loard George and Anna Grobowski Panel 7413 W. 136th Lane U.S. Nuclear Regulatory Comm.

Cedar Lake, Indiana 46303 Washington, D.C. 20555 Dr. George Schultz Atomic Safety & Licensing 110 California Street Appeal Board Panel Michigan City, Indiana 46360 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 l Kathleen H. Shea, Esq. ,

Lowenstein, Newman, Reis Docketing & Service Section Axelrad & Toll Office of the Secretary 1025 Connecticut Ave., N.W. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20036 Washington, D.C. 20555 Robert J. Vollen, Esq.

c/o BPI 109 North Dearborn Chicago, Illinois 60602 9

l i

u.