ML19345B280

Requests Opportunity for City of Gary Et Al to Respond to Util Submittal & to File Supplemental Comments.Action Taken Since Action Per 10CFR2.206 May Be Only Vehicle Whereby Evacuation Issue Is Considered.Related Correspondence

ML19345B280
Person / Time
Site:	Bailly
Issue date:	11/21/1980
From:	Cohn D COHN, D.B.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8011280014
Download: ML19345B280 (1)

Text

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DIANE B. CoHN . . , _

ATTCRNCY AT LAW 2000 P STRCET. N W , SUITE 700 = fJo, - ""

WASHINGTON. O C 20036 f

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l q ,yl November 21, 1980 'O '

66%T MU'I.3P Mr. Harold Denton g gg g FAC,,, . .d.* v

• Director, Nuclear Reactor Regulation gg U.S. Nuclear Regulatory Commission ., li 20555

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Washington, D.C. c. d Re: Request for Action under 10 C.F.R. S 2 . 2.0f , . 9

,7 Bailly Generating Station, Nuclear 1 g;=,,  ;

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Dear Mr. Denton:

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On June 5, 1980, the City of Gary, Indiana, h al.,( joineci in the State of Illinois' pending request to suspend orGrevoke-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 exglusive 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 Bailly is built, the City of Gary,et al. request the opportunity to file a response to NIPSCO's submTssion and to file supplemehtal comments of their own. Thic letter is to inform you that tihey intend to do so within 10 days.

Sincerely, b

Diane B. Cohn DBC/ee cc: Service List pso 9 5 ib t

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