ML20031E715

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Response to Porter County Chapter Intervenors 811001 Motion for Order Directing Util to Submit Plans Re Site Excavation. Motion Moot Due to Util 811008 Rept on Const & Restoration Work.Certificate of Svc Encl
ML20031E715
Person / Time
Site: Bailly
Issue date: 10/12/1981
From: Eichhorn W
EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8110160344
Download: ML20031E715 (4)


Text

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g DOCMTED UNITED STATES OF AMERICIs usung 00 I

NUCLEAR REGULATORY COMMISSION 1861,

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,w tary BEFORE THE ATOMIC SAFETY AND LICENSING BO p

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Docket No. 50-367

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NORTHERN INDIANA PUBLIC

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(Construction Permit

<j;p SERVICE COMPANY

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Extension)

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4 fg (Bailly Generating Station,

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October 12, 1981

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OCT 151981*

NORTHERN INDIANA PUBLIC SERVICE COMPANY'S RESP S g, w a w toss TO PORTER COUNTY CHAPTER INTERVENORS' MOTI N"

CONCERNING EXCAVATION

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On October 1, 1981, Porter County Chapter Intervenor:t (PCCI) filed a Motion Concerning Excavation which Motion requests the Licensing Board "to enter an Order directing that NIPSCO submit to the Board its plans concerning the excavation at the Bailly site."

On October 8, 1981, Northern Indiana Public Service Company (NIPSCO) submitted to Mr. Denton, Director of Nuclear Reactor Regulation, and served upon the Board and parties in the construction permit extension proceeding a report identifying the construction work which has been done at the Bailly site and the restoration work which is planned, The PCCI request has thus been made moot and we recommend that the Board enter a memorandum noting that fact.

PCCI suggests in the footnote on page 2 of-its Motion that there may be confliccing views as to how and by whom a o3 determination is to be made as to the acceptability of site s

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In our view, there is no need to argue this potential problem of legal procedure if there is no dispute concerning the substance of the restoration plans.

We therefore reserve the right to respond at a later date if any comments are filed concerning the plans submitted by NIPSCO on October 8.

Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 e

By:

William H.

Eichhorn Attorneys for Northern Indiana Public Service Company i

i LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connec'ticut Avenue, N.W.

Washington, D.C.

20036

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

Docket No. 50-367

)

NORTHERN INDIANA PUBLIC

)

(Construction Permit SERVICE COMPANY

)

Extension)

)

(Bailly Generating Station,

)

October 12, 1981 Nuclear-1)

)

CERTIFICATE OF SERVICE I hereby certify that copies of Northern Indiana Public Service Company's Response to Porter County Chapter Intervenors' Motion Concerning Excavation were served on the following by deposit in the United States mail, postage prepaid, on this 12th day of October, 1981:

Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge 10807 Atwell Houston, Texas 77096 Docketing and Service Section Office of the Secretary 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

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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 WILLIAM H.

EICHBORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company t

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