ML19345A832

Requests Opportunity Per 10CFR2.206 to File Response to Northern in Public Svc Co 801120 Opposition to Issuance of Show Cause Order.Refs Aslab 801120 Order Ruling That 2.206 Proceeding Exclusive Forum for Evacuation Question

ML19345A832
Person / Time
Site:	Bailly
Issue date:	11/21/1980
From:	Cohn D GARY, IN
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8011250310
Download: ML19345A832 (1)

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DIANE B. COHN 4 ATTORNEY AT LAW ,

2000 P STREET, N. W., Syl7E 700 WASHINGTON, D. C. 20036 (202) 785 3704 November 21, 1980 Mr. Harold Denton Director, Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Request for Action under 10 C.F.R. S 2.206, Bailly Generating Station, Nuclear 1

Dear Mr. Denton:

On June 5, 1980, the City of Gary, Indiana, et al., joined in che State of Illinois' pending request to suspend or. revoke the construction permit for the Bailly plant pending a decision as to whether the site remains feasible from an evacuation perspective. The City of Gary, et al., have alternatively sought to have this issue litigated in the pending construction permit extension proceeding.

By Order dated November 20, 1980, the Appeal Board ruled that a 2.206 proceeding is the exclusive forum for raising the

-question of whether Bailly is being built at an evacuable site.

On the same day, NIPSCO submitted comments addressed to your office, opposing the issuance of a show cause order..

Because a S 2.206 proceeding may now be the only-vehicle whereby the question of evacuation can be considered before Dailly is built, the City of Gary,et al. request the opportunity to file a response to NIPSCO's submis5 Ion and to file supplemental comments of their own. This lecter is to inform you that they intend ~to do so within 10 days.

Sincerely, br-----

Diane B. Cohn DBC/ee cc: Service List eg.

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