ML20126C184

Informs of Porter County,In 800317 Public Hearing Re Encl Petition Concerning Improvement Location Permit 74-290. Intends to Show That Permit Is Invalid

ML20126C184
Person / Time
Site:	Bailly
Issue date:	02/27/1980
From:	Eng J AFFILIATION NOT ASSIGNED
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 8003280063
Download: ML20126C184 (4)

Text

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Valparaiso Citizens Concerned About Bailly l 90h Monroe Street Valparaiso, Ind19na h6383 February 27, 1980 gr s N

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Secretary of the Comnission < 4 7 TTo gs Muclear Reculatory Commission

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URmo

'dashington, D.C. ggyg ~

In the Matter oft Office cf th ree,en

\'Q Ccch W : ?, egg g ~ 7 UORTHERN IMDI AMA PUBLIC SSR7IC3 COMPANY

( Bailly Generating Station, Euclear 1) 9

, k p juip Docket No. 50-367 The Boald of Zoning Appeals of Porter County, Indinna, will conduct a public hearing March 17, 1980, in the natter of the enclosed petition relative to Improvement Location Permit 74-290, a copy of which may have been subnitted to the Atomic Energy Commission as evidence that Bailly Nuclear i satisfies local requirements.

de will show that Imorovement Location Permit 7h-290 is invalid and that Bailly Nuclear 1 does not meet the requirement e of the Soning Ordinance of Porter County.

The public hearing will be conducted during their regular monthly meeting the third Monday of the month, bacinning at 7:45 p.m. at the Porter County Courthouse Annex, 1401 North Calumet Avenue, Valparaiso.

incerely,

/ $WW Y(/

! James 3. Sng conies: -

Robert J. Vollen Diane B. Cohen Business and Professional Suite 700 Peoole for the Public Interest 2000 P Street, M.w.

109' North

Dearborn Street Jashington,

D.C. 20036 Suite 1300 Chicago, Illinois 60602

{

' Hon. William Scott Dean Hansell ,

Attorney General Office of the Attorney General State of Illinois State of Illinois 160 North LaSalle 188 West Randolph Chicago, Illinois 60601 Chicago, Illinois 60601 8 0082 8 0 060D

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Valparaiso Citizens Concerned About Bailly i 804 Monroe Street i Valparaico, Indinna h6383 l February 25, 1980 Porter County Eoard of Zoning Appeals 1401 North Calumet Avenue Valparaiso, Indiana  !

h6383

Dear Members of the Board of Zoning Appeals:

As a citizen of Porter County, I appeal to the Porter County Board of Zoning Aopeals, because construction of a nuclear plant in Westchester Township was incorrectly authorized in such a way as to prevent consideration of issues pertinent to such authorization. -

Improvement Location Permit 74-290 was issued by the Executive Secretary of the Plan Commission on May 20, 1974 The applicant, Northern Indiana Public Service Company, did not apply for a Special Exception, which was and is required to issue an Improvement Location Permit for the intended use. Since the structures and use do not conform in all respects to the Mnster Plan and Ordinances of the County, as required by Section 2 of ordinance No, 1959-2, the Executive Secretary had no authority to issue an Improvement Location Permit.

" Nuclear fuels, fissionable naterials and products, and reactor elements such as Uranium 235 and Plutonium 239" are considered explosive materials, according to Section i'7 of the Zoning Ordinance of Porter County, Indiana - 1959. " Manufacturing, storage and use of explosives" are permitted at .ndustrially zoned sites in the County only when approved by the Board of Zoning Appeals as a Special Exception, according to Section 13 5 (Table 1) and Section 20 (Table 19) of the Zoning Ordinance.

To grant a Special Exception requires an affirmative finding by the Board that Bailly Nuclear 1 would not adversely affect any of the followin'g, under Section 20, Paragraphs B and C, of the Zoning Qrdinance s ...

1) " potential use of adjoining lands,"

2) " current trends of development of lands in the vicinity',"

3) " natural features of the site and adjoining lands," and

4) " quality and capacity of access roads (existing or to be provided by the applicant) to accomodate traffic generated by the proposed use."

Consideration of these issues will show that a special Exception for Bailly Nuclear i is not consistent with the spirit, purpose or intent of the Zoning Ordinance, may substantially and permanently injure the appropriate uses of neighboring properties, and will not serve the public convenience or welfare.

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NIPSCO has excavated a large hole, carried on extens'.ve and continuous site de-watering, placed nearly two thousand foundation piles, and erected. an office Ttructure .to house their nuclear staff, all with the daclared int ention of building a nuclear nower plant , without anplying for or obtaining an Imorovement Location Permit for a Special Exception, as required by Sections 13 5 and 20 of the Zoning Ordinance.

As a resident of Porter County who would be adversely affected by the decision to build a nuclear plant in the County, I appeal to the Board of Zonin6 Appeals to determine that improvements and alterations have been cade, that structures have been erected and that the land and premises on the Bailly site are being used in violation of Section 1 of Ordinance Ec. 1959-2 and Sections 13 5, 17 and 20 of the Zoning Ordinance of Porter County; to declare the structures, land and precises to be nuisances; and to order the use abated and the structures and improvements removed, under the authority granted to the Board under Section 26, Para 6raphs B, C and D of the Zoning Ordinance.

Respectfully submitted, f/NW NW ames R. Eng 804 Monroe Str'eet

• Valparaiso, Indiana 46383 copiest Allen Anderson Shirley Anderson Route i Box 363 164 East 550 South

- Chesterton, Indiana 46304 Kouts, In 46347 Michael Aylesworth Johnnie Bechler 171 West State Road 8 648 East 1300 South

' Hebron, In 46341 Kouts, In 46347 ...

James Brown Kenneth Cool -

PO Box 308 Route i Valparaiso, IN 46383 Hobart, In 46342  !

Robert Funke Duane Faulkner -e-262 Arbor Drive Route 1 Anthony Drive Chesterton, In h6304 Hobart, In h6342 Elizabeth Marshall Joseph Simatovich 267 West 100 North 3h8 North 375 West . .

Valparaiso, In h6383 Valparaiso, In 46383

• Dougins Justus John Lyons PO Box 582 55 Franklin Street Chesterton, In 46304 Valparaiso, In 46383

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copies (continued):

Walter Campbell William Carmichael 424 East Morgan Avenue 505 Calumet Avenue Chesterton, In 46304 Valparaiso, In h6383 Timothy Montania Brian'Gesse 67_ West 900. South 2553 Hamstrom Road Kouts, In 46347 Portage, In 46368 Jack Clem Vernon Dinse 1931 Jackson 55 South 325 East Portage, In h6383 Valparaiso, In 46383 Pauline Ahlgrim Ralph D. Ayres-602 Washington PO Box 869 Valparaiso, In 46383 Chesterton, In 46304 l

Charles Polarek William Tanke 1060 Coolwood Drive Courthouse Valparaiso, In h6383 Valparaiso, In h6383 Steven Laudig Robert J. Vollen Attorney-at-Law 109 North De.orborn, Suite 1300 1810 East 62nd Street . Chicago, IL 60602 Indianapolis, IN h6220 George Wilson Charlotte Read -

Local 6787 - USWA Save the Dunes Council Rural Route 3 Box '52 Po Box 11h Chesterton, IN h6304 Beverly Shores, IN 46301 Dave Wilborn Cristal Stineback Local 6787 - US4A Bailly Alliance Rural Route 3 Box 352 Po Box 8h7 .

Chesterton, IU h630) Chesterton, IN 46304 Hanus J. Steiner Don Evans '

Porter County Isaak Walton American Friends Service Committee 1451 Hawleywood Road 107 North Morgan Boulevard Chesterton, In h6304 Valparaiso, In 46383 Edward Osann, Jr. Secretary of the Commission 92 West Road Dunes Acres Nuclear Regulatory Commission Chesterton, In h6304 - Washington, DC 20555 Hon. Adam Benjamin Hon. Floyd Fithian House of Representatives House of Representatives .

Washington, DC Washington, DC l