ML20030D919
| ML20030D919 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 09/15/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109170154 | |
| Download: ML20030D919 (5) | |
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UNITED STATES-0F AMERICA NUCLEAR REGULATORY COMMISMON BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Itatter of
)
NORTHERN INDIANA PUBLIC SCRVI.CE Docket No. 50-367 (Construction Pemit Extension)
COMPANY -
(Bailly Generating Station,
)
Nuclear-1)
)
NRC STAFF'S RESPONSE TO NORTHERN INDIANA PUBLIC SERVICE COMPANY'S MOTION TO TERf tINATE PROCEEDING I.
BACKGROUND On August 26, 1981, Northern Indiana Public Service Company filed a motion with this Atomic Safety and Licensing Board to teminate all proceedings pending before it regarding Bailly. Atached to the taotion was a letter of the same date from E. ft. Shorb, Executive Vice President and Chief Operating Officer of NIPSCO, to Harold R. Denton advising the NRC Staff that the Board of Directors of NIPSCO had decided not to construct Bailly and, therefore, withdrawing its application for an extension of the construction pennit.
II.
DISCUSSION 4
Two proceedings are pending before the Licensing Board:
the application for a construction pemit extension and the consideration of an amendment authorizing the use of "short" piles in the foundation for O
8109170154 810915 PDR ACOCK 05000367
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2-the Bailly facility.1/ NIPSCO has roved for a tennination of both proceedings.
Although 01PSCO has not formally requested action with respect to its construction permit, the effect of an acceptance of its withdrawal of its extension application and the termination of the extension proceeding would be to allow the construction permit to expire.2/ Prior to granting NIPSCO's motion, the Licensing Board should-require NIPSCO to have completed such onsite restoration as is necessary to preclude future offsite impacts from construction activities which it has conducted.3/ Under 10 C.F.R.li 2.107(a), the Licensing Board has-the authority to condition the withdrawal of NIPSCO's extension application upon "such terms as [it] may prescribe."S/ Such terms would include whatever restoration might be required.5/
l 1/
See Amended Notice of Opportunity for Hearing (Pilings), 46 Fed.
Reg. 43326 (August 27,1981).
2/
The construction permit would have expired on September 1,1979, but for NIPSCO's timely application for extension.
l l
3/
Toledo Edison Co. (Davis-Besse Nuclear Power Station, Units 2 and I
3), Order, dated August 28, 1981, affirmed ALAB-652, September 3, 1981.
4/
Toledo Edison Co. (Davis-Besse Nuclear Power Station, Units 2 and 3), ALAB-622, 12 NRC 667, 669 n. 2 (1980).
5/
Davis-Besse, supra n. 3.
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. The Licensing Board should, therefore, require NISPC0 to submit for approval by the NRC Staff a document describing its restoration pl The Staff would be responsible for reviewing and approving this plan and Upon certifying to the Licensing Board the completion of the restoration.
such certification, the Licensing Board should grant NIPSCO's motion.
III. CONCLUSION As discussed above, the Licensing Board should not grant NIPSCO's motion, until NIPSCO has restored its site so as to preclude future offsite impacts which might result from the condition in which the site is left.
Respectfully submitted, Stephe H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland, this 15th day of Srptember,1981.
If Copies of this plan should be served upon the Board and parties.
6/
the parties wish to comment upon the plan, they should do so in writing to the Staff.
.Mn si
-UNITED STATES OF AMERICA.
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
~
NORTHERN INDIANA PJBLIC SERVICE
)
Docket No. 50-367 h) (Construction Permit Extension)
. COMPANY (Bailly Generating Station, h
Nuclear-1
)
CERTIFICATE OF SERVICE I hereby certify that copies of "flRC STAFF'S RESP 0flSE T0 f!0RTHERN If!DIAtlA PUBLIC
' SERVICE COMPANY'S fiOTION TO TEf21!NATE PROCEEDING" in the above-captioned proceeding have been served on the following by d u sit 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 15th day of September,1981:
- Herbert Grossman, Esq., Chairman, Robert L. Graham, Esq.
Administrative Judge One IBM Plaza Atomic Safety and Licensing. Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Robert L. Holton, Administrative Judge 3820 Ridge Road School of Oceanography Highland, Indiana 46322 Oregon State Universitj 4
Corvallis, Oregon 97331 John Van Vranken, Esq., Chief Northern Region i
J. Venn Leeds,. Administrative Judge Environmental Control Division 188 West Randolph Street 10807 Atwell Houston, Texas 77096 Chicago, Illinois 606.01
^
Kathleen H. Shea, Esq.
Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad Local 1010 and Toll United Steelworkers of America i
1025 Connecticut Avenue, N.'W.
3703 Euclid Avenue Washington, D.C.
20036 East Chicago, Indiana 46312 Robert J. Vollen, Esq.
William H. Eichhorn, Esq.
c/o BPI Eichhorr, Morrow & Eichhorn 109 North Dearborn Street 5243 Hohman Avenue Chicago, Illinois 60602 Hamond, Indiana 46320 Edward W. Osann, Jr., Esq.
Atomic Safety and Licensing Suite 4600 Board Panel One IBM Plaza U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555
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c 2-e Atomic Safety and licensing A.ppeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. ' Nuclear Regulatory Comission Washington, D.C.
20555
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a 8. M Stept n R. Lewis Counsel for NRC Staff e
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