ML20003B526
| ML20003B526 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 02/09/1981 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102120348 | |
| Download: ML20003B526 (4) | |
Text
02/09/81 e
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2 ** 4 B j b ISSf g 5
- 8 UNITED STATES OF AMERICA O
4,g%,fjg, NUCLEAR REGULATORY COMMISSION g
9 BEFORE THE ATOMIC SAFETY AND LICENSING BOADD t
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In the Matter of
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NORTHERN INDIANA PUBLIC Docket No. 50- M 7 SERVICE COMPANY
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(Construction Pen..it Extension)
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(Bailly Generating Station,
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Nuclea r-1)
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NRC STAFF RESPONSE TO PORTER COUNTY CHAPTER INTERVENORS' REQUEST TO ADMIT CONTENTION CONCERNING NIPSCO'S LETTER OF NOVEMBER 26, 1980 On January 27, 1981, the Porter County Chapter Intervenors (PCCI) requested the admission of a new contention, denominated Contention 13, concerning the Applicant's November 26, 1980 letter amendment of its con-struction permit extension request. The amendment in question extends the t
latest date requested for completion of construction until December 1,1989.
The amendment does not identify any additional reasons why the plant was not completed by the original completion date (September 1,1979) set forth in the construction permit. Those reasons were advanced in the Applicant's l
February 7,1979 initial extension application.
Proposed contention 13 l
l challenges the factors and assertions set forth in the amendment and the reasonableness of the extension date requested therein.
The Staff opposes the admission of this contention.
l 8102120 M 3
. The intervenors' pleading fails to address the factors contained in 10 C.F.R. @ 2.714(a) relative to late-filed contentions.1 In any event, the introduction of the newly proposed contention is unnecessarily duplica-tive of previously admitted contentions.
Specifically, PCCI contentions 1 and 3 were admitted by the Board for the proposition that "the reasons for i
the delay are other than offered by Permittee, that the actual reasons do not constitute good cause for the extension, and that the period of extension requestedisunreasonable.'E As is evident, the reasonableness of the extension period requested, whatever its duration (now December 1,1989), is already a matter in controversy and the justification therefore litigable within the context cf existing contentions. Therefore, the admission of proposed contention 13 would serve no useful purpose.
Accordingly, the Staff opposes the admission of proposed Contention 13.
Respectfully submitted, d
Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of February
, 1981.
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10 C.F.R. 9 2.714(a)(3); Louisiana Power and Light Co. (Waterford Steam Electric Station, Unit 3), LBP-73-31, 6 AEC 717, appeal dismissed as interlocutory, ALAB-186, 6 AEC 1155 (1973).
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Order Following Special Prehearing Conference, dated August 7,1980, at $2.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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NORTHERN INDIANA PUBLIC
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Docket No. 50-367 SERVICE COMPANY
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(Construction Permit Extension)
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(Bailly Generating Station,
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Nuclear-1)
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CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO PORTER COUNTY CHAPTER INTERVENORS' REQUEST TO ADMIT CONTENTION CONCERNING NIPSCO'S LETTER OF NOVEMBER 26, 1980 in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system this 9th day of February,1981.
- Herbert Grossman, Esq., Chairman Edward W. Osann, Jr., Esq.
Atomic Safety and Licensing Board Panel Suite 4600 U.S. Nuclear Regulatory Commission One IBM Plaza Washington, D.C.
20555 Chicago, Illinois 60611
- Dr. Richard F. Cole Robert L. Graham, Esq.
Atomic Safety and Licensing Board Panel One IBM Plaza U.S. Nuclear Regulatory Commission 44th Floor Washington, D.C.
20555 Chicago, Illinois 60611
- Mr. Glenn 0. Bright George and Anna Grabowski Atomic Safety and Licensing Board Panel 7413 W. 136th Lane U.S. Nuclear Regulatory Comission Cedar Lake, Indiana 46303 Washington, D.C.
20555 Diane B. Cohn, Esq.
Kathleen H. Shea, Esq.
Suite 700 Lowenstein, Newman, Reis, Axelrad 2000 P Street, N.W.
and Toll Washington, D.C.
20036 1025 Connecticut Avenue, N.W.
Washingtqn, D.C.
20036 gobertJ.Vollen,Esq.
/o BPI 109 North Dearborn Street Chicago, Illinois 60602
. John Van Vranken, Esq., Chief
- Atomic Safety and Licensing Northern Region Board Panel Environmental Control Division U.S. Nuclear Regulatory Commission 188 West Randolph Street Washington, D.C.
20555 Chicago, Illinois 60601
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Clifford Mezo, Acting President
- Docketing and Service Section Local 1010 Office of the Secretary United Steelworkers of America U.S. Nuclear Regulatory Comission 3703 Euclid Avenue Washington, D.C.
20555 East Chica;^. Indiana 46312 William H. Eichhorn, Esq.
Eichhorn, Morrow & Eichhorn 5243 Hohman Avenue Hamond, Indiana 46320 AY Steven C. Goldberg Counsel for NRC Staff 1
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