ML20003H744

Motion to Intervene as Respondent in Proceeding.Certificate of Svc Encl.Related Correspondence

ML20003H744
Person / Time
Site:	Bailly
Issue date:	04/24/1981
From:	Eichhorn W, Horsky C COVINGTON & BURLING, EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
References
NUDOCS 8105070382
Download: ML20003H744 (6)

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UNITED STATES COURT OF APPEALS y FOR THE DISTRICT OF COLCMBIA CIRCUIT 9 APR 2 8198F

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\ Dxtrf:g42xe W."%3 CITY OF GARY, INDIANA, et al., ) Nk d

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v. ) No. 81-1429 NUCLEAR REGULATORY CCMMISSION,

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Respondent. )

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(%t,Ay06pg7,@> 7 MOTION TO INTERVENE AS RESPONDENT b

• b j Northern Indiana Public Service Company (NIP K.

an Indiana corporation, moves the Court, pursuant to 28 U.S.C. S2348 and Rule 15(d) of the Federal Rules of Appellate Procedure, for leave to intervene as a respondent in this action. This motion is being made within 30 days frcm the date of the filing of tae petition for review.

In support of this motion, NIPSCO states that:

1. It is a public utility duly organized and existing under the laws of the State of Indiana with charter authority to furnish electrical energy ar.d gas to the cities, towns and,public in general of the State of Indiana.

2. On August 27, 1970, in furtherance of its corporate purposes, NIPSCO filed an application with the Atomic Energy Cct=tission (now the Nuclear Regulatory 8$

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2 Commission (NRC)), for a permit to construct a nuclear-powered electrical generating plant at ita Bailly Generating Station, Porter County, Indiana, which application was assigned Docket No. 50-367.

l 3. On April 5, 1974, after extensive hearings i

l before the Atomic Safety and Licensing Board (Licensing Board), the Atomic Energy Commission through the Licensing Board authorized the issuance of a construction permit to NIPSCO for its proposed plant (7 A.E.C. 557), and the con-struction permit was issued on May 1, 1974.

4. On August 29, 1974, the AEC's Atomic Safety and Licensing Appeal Board (Appeal Board) affirmed the decision of the Licensing Board and denied a request for a stay, and for a remand to the Licensing Board as requested by various intervenors.

5. On review of the Appeal Board's decision in the United States Court of Appeals for the Seventh Circuit the decision of the Appeal Board was reversed and a stay granted (Porter County Chapter of the Izaak Walton League of America, et al. v. Atomic Energy Commission, et al.,

515 F. 2d 513) , but that decision was summarily reversed by the Supreme Court (423 U.S. 12), and on remand the decision of the AEC was affirmed (533 F.2d 1011) and a petition for a writ of certiorari was denied (429 U.S. 945).

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6. In the same month that the weit of certiorari was denied, many of the same parties now petitioners in the instant proceeding petitioned the NRC to suspend 7tnd revoke the construction permit and requested a hearing to review alleged changes in factual circumstances rince the original issuance of the permit. After detailed review, the request was denied 'by the staff of the Commission, and its action was upheld by the Commission. 7 N.R.C. 429 (1978). On review of that decision by this Court, the decision was affirmed (Porter County Chapter of the Izaak Wal_ ton League of America, et al. v. T_he Nuclear Regulatory Commission, et al., 606 F.2d 1363 (1979)).

7. While the prior proceeding was pending deci-ion, a further petition for review was filed in this Court (People of the State of Illinois, et al. v. The Nuclear Regulatory Commission and the United States of America, No. 80-1163. The case was argued orally on April 9, 1981.

3. The instant proceeding challenges the deci-sion by the Commission's Appeal Board refusing to permit intervention by petitioners in a proceeding involving extension of the time within which to complete construc-tion of the proposed plant.

9. The interests of NIPSCO as holder of the construction permit will be .affected by the order of l

4 judgment of this Court with respect to the petition filed herein.

Respectfully submitted,

/ ,/ J.1/- . kl Charles A. Horsky 888 - 16th Street, N. W.

Washington, D. C. 20006 s n 1)u *N ( L Y ys p.y .' s. '

William H. Eichhorn '

5243 Holanan Avenue Hammond, Indiana 46320

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Maurice Axelrad 1025 Connecticut Avenue Washington, D. C. 20036 Of Counsel:

Covington & Burling 888 - 16th Street, N. W.

Washington, D. C. 20006 Eichhorn, Eichhorn & Link 5243 Hohman Avenue 46320

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Hammond, Indiana Dated: April 24, 1981

IN THE UNI.ED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT CITY OF GARY, INDIANA, et al., )

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Petitioners, )

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v. ) No. 81-1429

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NUCLEAR REGULATORY COMMISSION, )

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Respondent. )

CERTIFICATE OF SERVICE I hereby certify, this 24th day of April, 1981, -- -

~~ that copies of the motion for leave to intervene were- served- -

by mail, first class and postage prepaid, upon- the following:

Diane B. Cohn, Esq. Director of Nuclear Reactor William B. Schultz, Esq. Regulation Attorneys for Detitioners Nuclear Regulatory Commission Suite 700 Washington, D.-C. -20555- ---

2000 P Strest, N. W.

Washington, D. C. 20036 John Ahaarne- - -

Cnmm4ssioner l Nuclear Regulatory Coremission Joseph Hendrie l

Chairman Washington, D. C. 20555

! Nuclear Regulatory Commission Washington, D. C. 20555 Victor Gilinsky Commissioner Peter Bradford Nuclear Regulatory Commission Cnmmissioner Washington, D. C. 20555 Nuclear Regulatory Commission Washington, D. C. 23555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Nuclear Regulatory Commission Appeal Board Panel Washington, D. C. 20555 l Nuclear Regulatory Commission Washington, D. C. 20555

2 Steven Goldberg, Esq. Tyrone C. Fahner Office of the Executive Legal Attorney General Director State of Illinois Nuclear Regulatory Commission Environmental Control Division Washington, D. C. 20555 188 West Pandolph Street Suite 1215 Docketing and Service Section Chicago, Illinois 60601 Office of the Secretary Nuclear Regulatory Commission Edward W. Osann, Jr., Esq.

___.~_ashington, W D. C. 20555 One IBM Plaza Robert J. Vollen, Esq. Chicago, Illinois 60611 c/o BPI 109 North Dearborn Streat Dr. George Schultz Suite 1300 807 East Coalspring Chicago, Illinois 60602 Michigan City, Indiana 46360

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y, ' lf b. , ' V' Charles A. Horsky 888 - 16th Street, N. W.

Washington, D. C. 20006 Attorney for Intervenor l

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