ML19344F123
| ML19344F123 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 09/08/1980 |
| From: | Vollen R IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, VOLLEN, R.J. & WHICHER, J.M. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19344F087 | List: |
| References | |
| ISSUANCES-CPA, NUDOCS 8009120445 | |
| Download: ML19344F123 (6) | |
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UNITED STATES OF AMERICA D?vs NUCLEAR REGULATORY COMMISSION grp mfg
,g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD {_
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f, NORTHERN INDIANA PUBLIC
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Docket No. 50-367
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SERVICE COMPANY (Bailly Generating Station,
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(Construction Permit Nuclear-1)
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Extension)
PORTER COUNTY CHAPTER INTERVENORS' REPLY TO STAFF POSITION ON NEWLY-FILED CONTENTIONS AND ANSWER TO STAFF MOTION TO CONSOLIDATE Porter County Chapter of the Izaak Walton League of America, Inc., Concerned Citizens Against Bailly Nuclear Site, Businessmen for the Public Interest, Inc., James E. Newman and Mildred Warner (" Porter County Chapter Intervenors"), by their attorneys, hereby reply to the "NRC Staff Position on Newly-Filed Contentions and Motion to Consolidate," dated August 22, 1980.
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The Staff's objections to the admissibility of all of Porter County Chapter Intervenors' newly-filed contentions are completely lacking in specificity.
Its entire argument consists
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of assertions of general precepts (p. 3) and general matters (p. 3),
and claims about "many of these matters" (p. 4) and the " regulatory s cheme" (p. 4).
Because the Staff fails to deal specifically with the contentions and fails to explain from what defects it claims each suffers, there is little in its statement of " position" to which l
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a meaningful response can be made.
Of course, a contention must be
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within the scope of a hearing, as the Staff asserts (p. 3), but the Staff has made no effort to show that the newly-filed contentions are outside the scope of this proceeding.
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The Staff has offered no specific arguments against the As to its admissibility of any of the newly-filed contentions.
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None of these contentions general arguments, the Staff is simply wrong.
I has ever been considered in any hearing with regard to the licensing or construction of Bailly.
Each involves a matter that arose after the construction permit was issued and presents a significant safety or environmental issue, which the public interest and intervenors' interest requires be heard before the operating license review, if any, for Bailly.
Contrary to the Staff's bald assertion, the subject matter of each of these newly-filed contentions is directly relevant to the required " good cause" criteria under 10 CFR 550.55(b) and the Appeal Board decision in Cook.
The admission of these contentions would not frus trate the two-stage licensing process.
It would, rather, reccgnize that a " good cause" hearing to consider whether the Bailly construction permit is to be extended, must be a meaningful hearing As to the Staff's claim that we have made no prima facie showing that the subject of the safety issue will not be satisfactorily resolved by the new requested latest completion date, the Staff conveniently ignores the facts that no discovery has been completed To and no evidence has been presented yet in this proceeding.
the extent that the Board intended to require any such showing we submit that the uncontro-prior to the commencement of the hearing,d in the contentions verted facts, reports and studies asserte satisfy that requirement. 4
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and not ignore the realities that have occurred since 1974.0 Porter County Chapter Intervenors oppose the motion made by the Staff to consolidate prosecution of newly-filed contentions admitted by the Board.
Under 10 CFR 52.715a, consolidation is improper where the rights of any party would be prejudiced.
Consolidation under $2.715a is only for the purposes of
" presentation of evidence, cross-examination, briefs, proposed findings of fact, and conclusions of law and argument."
The It intervenors in this proceeding have only just begun discov'ery.
is too early in the litigation to be able to determine whether the-positions of Porter County Chapter Intervenors and the State of Illinois will be consistent at the time contemplated by the regulation.
Thus, consolidation is premature, if proper at all.
It is clear from the State of Illinois Response to Provisional Order Following Special Prehearing Conference, dated June 30,1980, at p. 9, that Illinois' adoption of Porter County Chapter-Intervenors ' reworded contentions R-I 1 through R-I 15 was done solely "for the sake of convenience and to simplify the Board's task in ruling on contentions."
Furthermore, the State of Illinois is admitted in these proceedings both as an interested State under 10 CFR 52.715(c) and as a party under 10 CFR 52.714.
Illinois and
- In the event that the Staff seeks to assert further arguments concerning those of the newly-filed contentions which deal with the requirements for a new or supplemental environmental impact statement, we reserve the right to respond to them at a later date.
Moreover, in the event the Board rulas against the admissibility of these contentions on technical grounds of language specificity or basis, we reserve the right to file amended contentions satis-fying any such technical deficiencies. -
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Porter County Chapter Intervenors have been and continue to be separate parties alth separate interests to protect in this proceeding.
CONCLUSION PorterCountyCNapterIntervenors' newly-filedcontentions should be admitted in this proceeding.
The Staff's motion to consolidate should be denied.
DATED:
September 8, 1980 Respectfully submitted, Robert J. Vollen Jane M. Wh her f
By
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7 obert J. Vgglen Attorneys f5r Porter Cou'nty Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 N. Dearborn St.
Chicago, IL.60602 (312) 641-5570
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NBC UNITED STATES OF AMERICA fg NUCLEAR REGULATORY COMMISSION 7
BEFOPE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket No. 50-367 NORTHERN INDIANA PUBLIC SERVICE CCMPANY
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(Construction Permit (Bailly Generating Station,
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Extension)
Nuclear-1)
)
CERTIFICATE OF SERVICE I hereby certify that I served copies of the Porter County Chapter Intervenors' Response to NIPSCO's Request for Consolidation of Replies, and Request for Extension of Time to File Reply, and of the Porter County Chapter Intervenors' Reply to Staff Position on Newly-Filed Contentions and Answer to Staff Motion to Consolidate, each dated September 8,1980, on all persons on the attached Service List, by causing them to be deposited in the U. S. mail on September 8, 1980, first class postage prepaid.
xs Robert J. VoKen c
4 SERVICE LIST Herbert Grossman, Esq., Chairman George and Anna Grabowski Atomic Safety and Licensing 7413 W. 136th Lane Board Panel Cedar Lake, Indiana 46303 U.S. ' Nuclear Regulatory Commission Washington, D.C.
20555 Dr. George Schultz 807 E. Coolsprim Rd.
Dr. Richard F. Cole Michigan City, mdiana 46360
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Atonde Safety and -Licensing Board Panel Richard L. Robbins, Esq.
U.S. Nuclear Regulatory Commission Lake Michigan Federation Washington, D.C.
20555 53 W. Jackson Blvd.
Chicagc, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike Olszanski Board Panel Mr. Clifford Meco U.S. Nuclear, Regulatory Commission Local 1010 Washington, D.C.
20555 United Steelworkers-of America 3703 Euclid Ave.
Maurice'Axelrad, Esq.
East Chicago, Indiana 46312 Kathleen H. Shea, Esq.
Lowenstein, Newman, Reis, Steven C. Goldberg, Esq.
Axelrad and Toll Office of the Executive 1025 Connecticut Ave., N.W.
Legal Director Washington, D.C.
20036 U.S. Nuclear Regulatory Commissiot Washington, D.c.
20555 William H. Eichhorn, Esq Eichhorn, Eichhorn & Link Susan Sekuler, Esq.
5243 Hohman Avenue A7.sistant Attorney Gengral Hammond, Indiana 46320 John Van Vranken, Esq, Environmental Control Division Diane B. Cohn, Esq.
188 W. Randolph St. - Suite 2315 William P. Schultz, Esq.
Chicago, IL 60601 Suite 700 2000 P Street, N. W.
Stephen Laudig, Esq.
Washington, D.C.
20555 1810 E. 62nd St.
Indianapolis, IN 46220 Atomic Safety and Licensing Board Panel Docketing and Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Panel U.S. Nuc1 car Regulatory Commission Washington, D.C.
20555
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