ML20031G539
| ML20031G539 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 10/21/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110230194 | |
| Download: ML20031G539 (5) | |
Text
.
10/21/81
// g UNITED STATES OF AMERICA f
NUCLEAR REGULATORY COMMISSION
[ /7
'p l
?%
k 00'7 8@
~
'4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Ofz 11,
In the Matter of
)
U
)
7 NORTHERN INDIANA PUBLIC SERVICE
)
Docket No. 50-367 lb COMPANY
)
(Construction Permit Extension (Bailly Generating Station, Nuclear-1)
)
NRC STAFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PORTER COUNTY CHAPTER INTERVENORS' MOTION CONCERNING EXCAVATION INTRODUCTION Restoration of the Bailly Generating Station, Nuclear-1 site is the subject of a plan submitted by NIPSCO on October 8,1981 to the NRC Staff and served upon the Licensing Board and parties to this proceeding. The Staff has been in contact with Porter County Chapter Intervenors ("PCCI")
and NIPSCO and believes that agreement can be reached among PCCI, NIPSCO and the Staff as to an acceptable site restoration plan.
Staff is also in the process of soliciting the views of the National Park Service on the acceptability of the plan from the perspective of rrotection of the Indiana Dunes National Lakeshore.
Pending before the Licensing Board is a " Motion Concerning Excavation" filed by FCCI on October 1,1981 which asks the Board to establish certain procedures for the review and implementation D
d' s eI j,.
,;J D m 1L 8110230194 811021
~
cbi. _ __ _ _.
PDR ADOCK 05000367 O
PDFt
y, of NIPSCO's plan.M The NRC Staff requests an extension of two weeks to respond to PCCI's motion to enable the parties to continue the discussions among them aimed at achieving agreement on a restoration plan.
(
DISCUSSION The procedures for reviewing NIPSCO's plan proposed by PCCI differ in some respects from those proposed by the Staff in its " Response to Northern Indiana Public Service Company's Motion to Tenninate Proceeding" (September 15,1981,at3). The Staff's proposed procedure provides that the NIPSCO plan should be submitted to it for review, that the other parties (and the National Park Service) should submit their comments to it, that the Staff would approve the plan taking into consideration the comments received, and that the Staff would assure completion of the activities under the plan and certify their accomplishment to the Licensing Board.
PCCI takes the position that the plan should have been filed with the Board, that comments of the parties should be addressed to the Board, that the Board should then order NIPSCO to fill the excavation, and that the Board should determire that the restoration has been satisfactorily completed.U y
PCLi also asks the Board to order NIPSCO to submit a plan for filling the excavation. That aspect of the motion has been mooted by NIPSCO's submittal of its report.
y Motion, at 2.
. ~ _
PCCIE, the Staff, and NIPSCO have conferred and are all of the view that a two week extension for the Staff's response to NIPSCO's motion would be appropriate to allow the parties an opportunity to reach agreement on a restoration plan. The expectation is that the parties would at the end of the two week period be able to present to the Board a' jointly-proposed order for approval of the agreed-upon plan.
CONCLUSION For the reasons set forth above, the Staff respectfully requests a two week extension of time to re: pond to PCCI's " Motion Concerning Excavation".
Respectfully subnitted, H. G
\\
s Stephe H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of October, 1981 l
y The Staff has not received comments cn NIPSCO's plan frcm any party to the proceeding other than PCCI, but counsel for PCCI has advised the Staff that he believes the views of PCCI reflect those of the other Intervenors.
If this is not the case, the Staff requestn the other Intervenors to communicate to it any comments they may h <e 6n the plan.
.=
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of f
NORTHERN INDIANA PUBLIC SERVICE
)
Docket No. 50-367 COMPANY (Construction Permit Extension)
(BaillyGeneratingStation,
)
Nuclear-l
)
CERTIFICAiE OF SERVICE I hereby certify that copies of "NRC STAFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PORTER COUNTY CHAPTER INTERVENORS' MOT!ON CONCERNING EXCAVATION" in the above-captioned proceeding have been served on the following by deposit 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 21st day of October,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 University Corvallis, Oregon 97331 John Van Vranken, Esq., Chief Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 10807 Atwell 188 West Randolph Street Houston, Texas 77096 Chicago, Illinois 60601 Kathleen H. Shea, Esq.
Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad Local 1010 and Toll United Steelworkers of America 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 Eichhorn, Morrow & Eichhorn 109 North Dearborn Street 5243 Hohman Avenue Chicago, Illinois 60602 Hammond, 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
- i i
-O'm
+
g 4
Atotnic Safety and Licensing Appeal Board Panel U.S. fluclear Regulatory Comission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. fluclear Regulatory Comission Washington, D.C.
20555
- Stephen
. Lewis Counsel for NRC Staff l
1 l
l l