ML20052C835
| ML20052C835 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 04/16/1982 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton, Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20052C836 | List: |
| References | |
| NUDOCS 8205060006 | |
| Download: ML20052C835 (2) | |
Text
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April 16,1982 4m i
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'O n:O.g932.# C Note to:
Harold R. Denton, Director 9
ji Office of Nuclear Reactor Regulation Richard C. DeYoung, Director D
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Office of Inspection & Enforcement (l
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From:
Guy H. Cunningham, III Executive Legal Director
SUBJECT:
BAILLY " MEMORANDUM AND ORDER (ISSUING PROPOSED ORDER TERMINATING PROCEEDING)"
3 The Licensing Board sitting on the Bailly construction permit extension pro-ceeding issued on April 12, 1982, a proposed order (copy attached) which would terminate the proceeding with certain conditions for site restoration.
The proposed Order substantially adopts the positions argued by the staff, specifically:
1.
The proceeding should be terminated at this time, rather than remain pending until site restoration has been completed; 2.
The acceptance of the licensee's withdrawal of its application to extend the latest construction completion date has the effect of letting the construction permit expire; i
3.
The expiration of Construction Permit No. CPPR-104 is without prejudice to NIPSCO's applying at some future time for a new construction permit for a facility at the Bailly site; and i
i 4.
The Board does not have the authority to require NIPSCO to pay Porter County Chapter Intervenors' (PCCI) costs of litigatirig this proceeding and, in any event, the circumstances of this case do not establish the basis for the award of fees.
The Board proposes to impose certain conditions upon the order of termination to assure.NIPSCO's timely completion of site restoration. Among other things, these conditions would impose upon the staff the obligation (either jointly with NIPSCO or separately) to report quarterly (starting June 1,1982) to persons on the service list with regard to the status of' site restoration.
If the site restoration is not complete by the date established by the Board (September 1,1983), the staff will also be obligated to file with the NRC 4
Commissioners a report making recommendations for future NRC actions.
Whfo A
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i In addition to the obligations which would be placed upon the staff, the order would also place the following obligations on NIPSCO:
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- 1) commence implementation of site restoration by August 1,1982; l
- 2) complete restoration by September 1,1983; and
- 3) secure PCCI's approval of any modification to the approved site
' restoration plan.
j The Board has provided that any objections to or requests for modification of the proposed order must be filed by April 29, 1982.
Staff counsel on the Bailly case will be contacting your offices to ascertain your views on the proposed order.
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1 Guy H. Cunningham, III j
Executive Legal Director i
P.ttachments cc w/ attachments William J. Dircks DISTRIBUTION:
Rutberg 4
Lewis Hodgdon 4
Chandler Schwencer MDLynch Chron.
J 5
IOFC DELD OELD
!NAME:ECt-::t^-'*=yGCunningham (DATE : 4/15/8? amb 4/15/82
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