ML19352B336

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Requests That Util 810619 Answer Opposing Porter County Chapter Intervenors' Motion for Extension to File Answers to Interrogatories Be Noted as Request for Reconsideration of Granting of Extension.W/Certificate of Svc
ML19352B336
Person / Time
Site: Bailly
Issue date: 06/25/1981
From: Shea K
LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To: Grossman H, Holton R, Leeds J
Atomic Safety and Licensing Board Panel
References
NUDOCS 8107020269
Download: ML19352B336 (4)


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.m Herbert Grossman, Esq. Dr. Robert L. Holton Administrative Judge Administrative Judge Atomic Safety & Licensing School of Oceanography Board Panel Oregon State University U.S. Nuclear Regulatory Corvallis, Oregon 97331 Commission Washington, D.C. 20555 Dr. J. Venn Leeds Administrative Judge 10807 3twell Houston, Texas 77096 i In the matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1)

Docket No. 50-367 (Construction Permit Extension)

Gentlemen:

We have received the Board's " Order (Granting Extensions)"

dated June 19, 1981, and served by the Docketing and Service t

Branch on June 22. That order states, inter alia, "That the

motion of PCCIs fcr an extension of time until June 8, 1981 to respond to NIPSCO's second set of interrogatories is granted

. . . . As indicated in a telephone ernversation with Mr.

Grossman's secretary, it appears that the Order was intended to rule on.PCCIs' "Mccion to Extend Time to File Answers or Objections to Interrogatories" which requested an extension until July 8, 1981. That " Motion" was filed on June 15, 1981;

, accordingly, under NRC regulations, answers were due on June 30.

I NIPSCO filed its " Answer in Opposition" on June 19, the same

! day as the' Board's " Order" referred to above was signed.

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Wrwazzx, Nzwwor, Rz!D & Ax01mn Atomic Safety & Licensing Board Panel l U.S. Nuclear Regulatory June 25, 1981 Commission Page Two We regret that the Board acted upon a motion without per-mitting responses from other parties. Please consider our June 19 Answer as a request for reconsideration of the granting of the extension.

If the Board wishes to make expeditious rulings on pro-cedural matters in the future, we respectfully request that the parties be so advised by telephone and offered a brief opportunity to respond.

Very truly yours, LOWENSTEIN, NEWMC , REIS

& AXELRAD Counsel for Northern Indiana Public S2rvice Company By: O M J.

Ka'thleen H. Shea KHS:vd

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367

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NORTHERN INDIANA PUBLIC SERVICE ) (Construction Permit COMPANY ) Extension)

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(Bailly Generating Station, ) June 25, 1981 Nuclear-1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of a letter dated June 25, 1981 from Kathleen H. Shea to the members of the Atomic Safety and Licensing Boarl re Board Order of June 19, 1981 in the above-captioned proceeding were served en the following by de-posit in the United States mail, postage prepaid, or by hand delivery, this 25th day of June, 1981:

Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission

- Washington, D.C. 20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge 10807 Atwell Houston, Texas 77096 Oncketing and Service Section '

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20553 1

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Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen H. Lewis, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 S [$dA- -

Kdthleen H. Shea LOWENSTEIN, NEWMAN, REIS

& AXELRAL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20336 .

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