ML20004D089
| ML20004D089 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 06/01/1981 |
| From: | Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106080343 | |
| Download: ML20004D089 (6) | |
Text
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NUCLEAR REGULATORY COMMISSION N
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atter of
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Docket No. 50-367
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NORTHERN INDIANA PUBLIC
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(Construction Permit
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SERVICE COMPANY
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Extension)
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(Bailly Generating Station,
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June 1, 1981 Nuclear-1)
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NORTHERN INDIANA PUBLIC SERVICE COMPANY'S MOTION FOR ESTABLISHMENT OF SCHEDULE Northern Indiana Public Service Company (NIPSCO) hereby requests that the Licensing Board establish a schedule for future activities in this proceeding.
NIPSCO's application for extension of Construction Permit No. CPPR-104 was filed in February 1979.
The special prehearing conference was held in March 1980.
Parties and contentions were admitted almost ten months ago; / discovery has been underway since then.
It therefore appears appropriate to determine the schedule for finishing discovery and other prehearing activities and for the convening of the hearing.
We recognize that the NRC Staff has not completed its evaluation of NIPSCO's application; the Staff has not adopted a position as to whether " good cause" exists or whether an environmental impact statement is to be prepared.
Although dates
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Order Following Special Prehearing Conference (August 7, 1980); see also Order Supplementing Order Following Special Prehearing Conference (August 25, 1980).
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for completion of these evaluations have been identified in the past, the documents have not yet been produced.
Without intending to imply criticism cf the Staff's performance, we nevertheless respectfully suggest that the time has come for the Board to establish a schedule (after consultation with the parties, of course) and at least exhort the Staff to meet it.
The Board is charged with responsibility for conduct of this proceeding which should not be allowed to drift interminably awaiting the uncertain date for completion of the Staff's work.
This motion is being filed on June 1, 1981.
Allowing time for responses by other parties and for Board consideration, it would appear that the earliest date upon which a schedule could be established is July 1.
The Staff's most recent estimate for completion of its environmental assessment and evaluation of
" good cause" is "early June."
Our suggssted schedule has been developed with that timing in mind.
We also note that,'under NRC regulations, testimony is to be filed at least 15 days before the session of the hearing at which it is to be presented.
(10 C.F.R.
S 2.743 (b). )
We respectfully suggest the following schedule:
July 31 /
Close discovery
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By "close discovery" we mean that the final responses to discovery requests would be filed on July 31, the last depositions could be taken that date, etc.
Parties could also be required to itpdate all responses to discovery requests on that date as suggested in the Board's May 20, 1981 Order.
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. File testimony August 31 Begin hearing /
September 15 Ruling on admissibility of some contentions suggested by Intervenors PCCI and Illinois was previously deferred, pending publication of the Staff's environmental evaluation.
There is thus the possibility that additional contentions might be admitted.
However, that possibility exists in every NRC licensing proceeding and, in our view, the possibility should not prevent setting the schedule for proceeding with respect to contentions which were admitted in August 1980.
The hearings may of course be h51d in several separate sessions.
Such " segmentation" need not be detrimental to the interests of any party and, in fact, may be essential to efficient scheduling.
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If appropriate, a final prehearing conference could be held on the date scheduled for beginning the hearing or at an earlier date convenient for the Board and parties.
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j 4 We suggest that the Board may wish to arrange for discussion of the schedule via a conference call after receipt of responses to this motion.
Respectfully submitted, i
EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By:
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William H. Ei~chhorn Attorneys for Northern Indiana 3
Public Service Company i
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I LOWENSTEIN, NEWMAN, REIS
& AXELRAD 1025 Connecticut Avenue, N.W.
Washington, D.C.
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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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Docket No. 50-367
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NORTHERN INDIANA PUBLIC
)
(Construction Permit SERVICE COMPANY
)
Extension)
)
(Bailly Generating Station,
)
June 1, 1981 Nuclear-1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Northern Indiana Public Service Company's Motion for Establishment of Schedule were served on the following by deposit in the United States mail, postage prepaid, on this 1st 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 Oceanograpby Oregon State Universi':y Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge 10807 Atwell Houston, Texas 77096 l
Docker.ing and Service Section Office of the Secratary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 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 Local 1010 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322
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D WfLLIAM H.
EICHHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company l
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