ML20009B482

Suppl to 810321 Notice of Intention to Seek Stay.Porter County Chapter Intervenors Will Seek Order Preventing Facility Const Upon Receipt of Util Notice of Intention to Commence Const

ML20009B482
Person / Time
Site:	Bailly
Issue date:	07/08/1981
From:	Vollen R PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:
Shared Package
ML20009B483	List: ML20009B482 ML20009B485
References
NUDOCS 8107160119
Download: ML20009B482 (3)

Text

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< 4, UNITED STATES OF AMERICA Docxrrio NUCLEAR REGULATORY COMMISSION  % tm"- "j-p BEFORE THE ATCMIC SAFETY AND LICENSING BOARD E

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In the Matter of ,f j- , .

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COMPANY-(Bailly .k Jut 15)g81> T (Construction Permit Generating Station, 3 *S%,w sa y Extension)

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, SUPPLEMENT TO NOT NTENTION TO SEEK STAY On March 31, 1981, Porter County Chapter Intervenors i

(PCCI), by their attorneys, filed their " Notice of Intention to Seek Stay" in which they served notice of their Intention to seek, if necessary and when appropriate, an order preventing the comenc.ement of construction of the proposed Bailly nuclear plant, unless and until NIPSCO receives a valid extension of the latest completion date in the Bailly construction permit, and until all legal proceedings in connection therewith are fully resolved. At the time the Notice was filed, NIPSCO had committed that it would not attempt to comence construction before September 5,1981, and PCCI gave notice that it might seek an appropriate order in advance of that time.

Since that Notice was filed, significant developments have occurred which are directly relevant both to the illegality and the timing of the possible commencement of

' construction of Bailly, which by this supplement we bring to the attention of the Board.

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O lhM05000367 PDR

On July 1, 1981, the United States Court of Appeals for the District of Columbia Circuit rendered its judgment reversing a prior decision of the Nuclear Regulatory Commission and directing that a hearing be held on NIPSCO's short pilings proposal. Pursuant to the decision that proposal requires an amendment to the Bailly construction permit, concerning which a hearing is to be held under the Atomic Energy Act. Implementation of the short pilings plan prior to NIPSCO's receipt of c valid construction permit amendment would be in violation of law. (A copy of the Court of Appeals' JudgmentandMemorandumisattachedheretoandmarkedEx{ibit A.")

On June 12, 1981, at the deposition of Edmund A. Schroer, President, Chief Executive Officer and Chairman of the Board of NIPSCO in this proceeding, counsel for NIPSCO agreed that

! 911 parties would be notified in writing on the date that NIPSCO makes the decision that it intends to commence

! construction of Bailly, before the decision is implemented.

(A copy of the pertinent pages of the transcript of Mr.

Schroer's deposition is attached hereto, and marked " Exhibit B".)

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Accordingly, the September 5, 1981, date referred to in PCCI's March 31, 1981, Notice of Intention to Seek Stay is no longer dispositive with respect to a possible stay.

PCCI hereby supplement that notice and notify the Board and all parties that they intend to seek an order preventing the commencement of construction of Bailly upon receipt of notice of NIPSCO's intention to commence construction, if such relief is then necessary and appropriate. -

DATED: July 8, 1981 Respectfully submitted, Robert J. Vollen Jane M. Whicher s

by: N '

Robert J. Vollen Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher l c/o BPI 109 North Dearborn l Suite 1300 Chicago, IL 60602 (312) 641-5570 E i

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