ML20064H086

Ack Receipt of 781101 & 781120 Petitions W/ Respect to Short Pilings Proposal. Requests Opportunity to Comment on Petitions on Behalf of N in Pwr Svc

ML20064H086
Person / Time
Site:	Bailly
Issue date:	12/01/1978
From:	Eichhorn W EICHHORN, MORROW & EICHHORN
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 7812180111
Download: ML20064H086 (2)

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07:- e9' Mr. Samuel J. Chilk, Secretarv i

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di Re: Northern Indiana Public Service Company gj/

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Bailly Generating Station, Nuclear 1 Nii

• Docket No. 50-367

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Dear Mr. Chilk:

We have received copies of the following documents filed in the referenced docket:

(1) A document entitled " Petition with Respect to Short Pilings Proposal" dated November 1, 1978, which was filed by several petitioners who have previously sought or participated in proceedings in this docket; and (2) A substantially identical document also entitled " Petition with Respect to Short Pilings Proposal" dated November 20, 1978, which was filed by William Andrews, President, Local 1010, United Steelworkers of America.

There is no pending licensing proceeding involving the Bailly Generating Station, Nuclear 1, and neither petition identifies any provision of the Commissions regulations that provides for the requested direct action by the Commission. On the basis of the Commission's regulations and precedents, it appears to us that these petitions would be handled procedurally by referral to the Director of Nuclear Reactor Regulation for action pursuant to 10 C.F.R. 52.206. See, e.g., letter in this docket frcm Mr. Case, Acting Director of Nuclear Reactor Regulation, to Mr. Vollen, dated November 17, 1977.

Since the petitions urge adoption of erroneous factual and legal conclusions and since Northern Indiana Public Service 9

781218011( c c

EXCHHORN, MORROW & ElCHHORN Mr. Samuel J. Chilk Page 2 December 1, 1978 Ccmpany would be adversely affected by the grant of any of the recuests in the petitions, we will appreciate being informed of referral of the petitions to the Director of Nuclear Reactor Regulation so that we may communicate our views to him.

If our assumption that the petitions will be referred to the Director of Nuclear Reactor Regulation is mistaken and the Commission intends to consider these petitions itself, we would appreciate receiving notice of such intent and an opportunity to provide to the Commission our ccaments covering the procedural and substantive aspects of the petitions. See, e.c., In the Matter of Petition for Emergency and Remedial Action (Union of Concerned Scientists), Order of the Commission (November 9, 1977);

In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear 1), Order of the Commission (May 10, 1977).

Thank you for your courtesy in this matter.

Yours very truly, EICHHORN, MORROW & EICHHORN hL By: _, j /

William H. Eichhorn Attorney for Northern Indiana Public Service Company WHE/dgg cc: Joseph Hendrie Victor Gilinsky Richard Kennedy Peter Eradford John Ahearne James Kelly .

Ecward K. Shapar Harold R. Denton Chief, Public Proceedings Branch, Office of Secret ry of the Commission Robert J. Vollen Edward W. Osann, Jr.

Robert L. Graham Richard L. Robbins Russell R. Eggert Michael I. Swygern William Andrews Meredith Hemphill, Jr.