ML20126D511

Notice of Opportunity for Hearing on CP Extension.Amended Application Requests Extension Until 871201.Amend Does Not Involve Significant Hazards Consideration.Certificate of Svc & Newspaper Notice Encl

ML20126D511
Person / Time
Site:	05000363, Bailly
Issue date:	11/26/1979
From:	Rubenstein L Office of Nuclear Reactor Regulation
To:
Shared Package
ML20126D493	List: ML20126D490 ML20126D496 ML20126D505 ML20126D507 ML20126D511
References
NUDOCS 8005020153
Download: ML20126D511 (8)

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80050,30

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UNITED STATES OF AMER!CA NUCLEAR REGU' ATCRY COMMISSION IN THE MA (ER OF )

) Oceket No. 50-367 NCRTHERN IN0!ANA PCELIC SERVICE CCMPANY )

(Sailly Generating Station, Nuclear 1) )

NOTICE OF OPPORTUNITY FOR FEARING ON CCNSTRUCTION PERMIT EXTENSION The Nuclear Regulatory Ccmission (the Cenmission) has under consideration \

issuance of an amendment to Construction Permit No. CPMt-104 issued to Northern j Inciana Public Service Ccmpany (the Pennittee) for construction of the Sailly Generating Station, Nuclear 1 (the facility), a boiling water reactor to be located twelve miles northeast of Gary, Indiana. I The Permittee has requested, by an amended application for an amendment of the permit, that the latest date for completion of the construction of the f acility be extended from Septem er 1,1979 to Cecember 1,1987.

' Prior ;c the issuance of the acencment, the Caission must make the findings required by the Atomic Energy Act cf 1954, as aciehced, and the Cermission's rules and regulations, including 10 CFR sE0.55(b) which requires a showing of seed cause for extension of the cc:$pletion date for a reasenable period of time.

The Permittee filed the applicatien for extensica of the completion date core than thirty (30) days prior to the date for expiration of the p

. ermit. Pursuant to the Administrative Procedure Act and 10 CFR {2.T09 of ,he Cennission's regulations, the ccnstruction per::it will not be deemec te have expirec until the application has been 'inally determined.

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2 Pursuant to 10 CFR 550.91 of the Cc=issico's regulations, the .

Cemission has found that the amenc=ent dces net involve a significant I ha:ards consideration. Pursuant tc 10 CFR (2.105(a)(4) of the Ccmissior.'s regulations, the Director of Nuclear Reactor Regulation has, in the exercise ,

of his discretion, detemined, in the circt.mstances cbtaining here, that an opportunity for'a public hearing shculd be affordeo, particularly in light of recent expressions of citizen interest in this matter.

Accordingly, notice is hereoy given tEtat, by December 31,1979, the Pemittee may file a request for a hearing and any person whose interes: i may i I

be affected by this proceeding may file a request for a hearing in the fom i i

of a petition for leave to intervene with respect to whether, pursuant to j 10 CFR j50.55(b), good cause has been shown fer extension of the completion de:e for Constructicn Pemit No. CPPR-104 for a reascnable period of time;  !

1.e., with respect to whe:her, pursuant to 10 CFR 550.55( ), the causes put ferward by the Pemittee are anong thosa whic[1 the C0 mission will j reccgni:e as bases for extending the comple:f on date. Petitions for 1cava 1 i

to intervene must be filed in accordance with the provisiens of this FE0EF.:' i l

i REG lSTE?. Notice and 10 CFR 62.714 of the Comissien's regulations. A pett:fon  !

for leave to intervene must se fer:n with particulari:y the interest. cf

. the petitioner in the pr:ceeding and hcw that interest may be affected by

he results of the proceeding, including the reasons why pe:itioner shouid

'te permittec to intervene with particular reference to the factors in~ ;aragraph

( d) of 10 CFR j2.714 The ;etition should also identify the specific aspec:(s)

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t of the subjec matter of the proceeding as to which the petitioner wishes to j k

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3 intervene. Such petitio ; must ce filec witn the Secretary of the Commission, U. S. Nuclear Regulat:ry Comnission, Washington, C. C. 20555, g

A*.t ent i on : Docketing and Service Secticn, by the above date.

A copy of the petition and/cr request for hearing should be sent to the Executive Legal

0) rector, U. S. Nuclear Regulatory Ccemissien, Washington, O. C. 20555 and to Willien H. Eichhorn, Esq., 5243 Hohman Avenue, Hammond, Indiana 46262, the attorney for the Permittee.

Not later than fifteen (15) days prier to the first prehearing conference schedulec in the proceeding, the pctitioner shall file a sucplement to the petition to intervene which must include a list of the contenti:ns which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable speci!!ci*y. A petitioner who fails to file tuch a supplement which sat.isfies these requirements with res:ect to at 'least ene contention will not be permitted te participate as a party.

All petitions will be acted u;on by the coa.ission, or licensing b:ard k

.- e designated 'oy tbc Commissier., or by the Chairman of the

• Atonic S4fety a..4 Licenting Board Panel . Timely petitions will be ccnsidered to deten d ne f

r wnether a hearing should be noticed or another appropriate order issued "

regarding the petitions.

In the event that a hearing is held anc a persen is perritted to iatervene, that person becomes a party to the pr:ceeding and has a rign: ~

partici; ate fully in the conduct of the hearing. For example, a party may present evidence and exanine a.-d cress.etari.ne witnessas.

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4 For further details with :.gect to this catter, see the applica:fon for amendment dated February 9,1979, and amendment thereto dated August 31, 1979, wnich are availacie for public inspection at the CO. mission's Public Occr.ent Room,1717 H Street , N. W., Washington, D. C., and at the Westchester Township Public Library,125 South Second Street, Chesterton, Indiana.

FOR THE NUCLEAR REGULATORY CCRMISSICN

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L. S. enstein, Acting Chief Light Water Reactors Branch 4 Dated at Bethasda, Maryland, this 26th day of November 1979 S

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NOTICE OF OPPORTUNITY FOR PUBLIC PAP.TICIPAT!ON IN PROPOSED NRC LICENSING ACTION FOR : .2LLY GENE?.ATinG STATION, NUCLEAR 1 The United States Nuclear Regulatory Comission is giving public notice that it is considering issuance of an amendment to Construction Permit No. -

CPPR-104 issued to Northern Indiana Public Service Company for construction of the Bailly Generating Station, Nuclear 1, ' located near Gary, Indiana.

Tne notice provides that within 30 days after publication of notice in the FEDERAL REGISTER on November 30, 1979, any member cf the public whose interest may be affected by the proceeding may file a recuest for a public hearing in the form of a petition for leave to intervene with respect to whether, pursuant to 10 CFR {50.55(b), good cause has been shown fer extension of the ccapletion date for Construction Permit No. CPPR-104 f:e a reasonable period of time.

Petitions for leave to intervene must se: ,forth the interest of the petitioner in the proceeding, how that interest may be ,affected by the results of the proceedir.g, and the specific aspect (s) Of the sNbjec. matter of the proceeding as to which petitioner wishes to intervene with particular reference to the f. actors in paragraph (d)'of 10 CFR 32.714. Such petitiens must be filed in accordance with the above-referencec FEDERAL REG STER Motice and must be filed with the Secretary of the Comission, U. S. Nuclear Regulatory Cc.missien, Washingten, D. C. 20555, Attention: Occket.ing and Service Section, by December 31, 1979. A copy of the petition and/or request fer ,

hearing should be sent to the Executive Legal Director, t, S. Nuclear -

Regalatcry Ccmissicn, Washing :n, D. C. 20555, and to Will f a:a M. Eichhorn,

( Esq., Eicnhcr.,.vor ow 1 Eichher , 5243 Fehman Avenue, Harrond , :ndiana ac32.0,

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attorney for the applicant. Any questions or - quests for additional infcr=ati:n regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Ccemission , Washingten', D. C. 20555.

All petitions will be acted upon by the Commission or Licensing Board designated by the Commission, or by the Chairman of the A:cmic Safety and 1 Licensing Board Panel. Timely petitions will be considered to deter =ine whether a hearing should be noticed or another appropriate order issued regarding the disposition of the petitions.

1 In the event that a hearing is held and a person is permitted to intervene, '

that person becomes a party to the preceeding and has a right to participate fully in the conduct of the hearing. For exa:ple, that person may present evidence and cross-exam'ine witnesses.

A copy of the FEDERAL REGISTER Notice is available for public insoection at Nestchester Township Public Licrary,125 South Second Street, Chesterte ,

Indiana 46304 between the hcurs of 7:00 dan. anc 9:30 p'.I.. weekdays anc 10':00 a.m. and 3:00 p.m. on Saturcay, and the Cermissibn has arranged 'or ,

ther documents and correspondence rela-ing to the licensing of this f acility te kept at tne same location.

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i CERTIFICATE OF SERVICE l I, Keith A. Onsdorff, hereby certify that I have served copies .

t of the foregoing Request for Hearing upon each of the following persons  ;

by deposit in the United States mail, first class postage prepaid, this i '

I 4th day of January,1980:

Joseph Hendrie Chief Public Proceedings Branch Chaiman Office of the Secretary of the

, U.S. Nuclear Regulatory Comission Comission .

. Washington,D.C. 20555 U.S. Nuclear Regulatory Comission ,

Washington, D. C. 20555 [

. Peter Bradford  !

Comissioner Mr. Ivu R. Finfrock, Jr. I U.S. Nuclear Regulatory Comission Vice President  !

Washington, D. C. 20555 Jersey Central Power and Light Company j Madison Avenue at Punch Bowl Road  ;

. John Ahearne Morristown, M 07960 f Comissioner ",

U.S. Nuclear Regulatory Comission M. Kenneth Pastor, Project Manager Washington, D.. C. 20555 GPU Service Corporation l 260 Cherry Hill Road j Samuel J. Chilk .

Parsippany, M 07054 l Secretary of the Comission i U.S. Nuclear Regulatory Comission Mr. E. G. Wallace l Washington, D.C. 20555 '

Licensing Manager  !

GPU Service Corporation i Guy H. Cunningham, III ,

260 Cherry Hill Road i Assistant Chief Hearing Counsel Parsippany, NJ 07054 i U.S. Nuclear Regulatory Comission i Nashington, D.C. 20555 George F. Trowbridge, Esq. i Shaw, Pittman, Potts 4 Trowbridge i Mathew Cutchin, Esquire -

1800 M Street, N.W. i Counsel for the NRC Regulatory Washington, D. C. 20036 Staff U.S Nuclear Regulatory Comission George H. Barbour, President Washington, D. C. 20555 Depart:nent of Public. Utilities

. 1100 Raymond Boulevard Richard Kennedy Newark, M 07102 Comissioner U.S. Nuclear Regulatory Comission Richard B. McGlynn, Washington, D. C. 20555 Comissioner Depart:nent .of Public Utilities Victor Gilinsky 1100 Raymond Boulevard Comissioner Newark, M 07102 U.S. Nuclear Regulatory Comission '

Washington,-D. C. 20555 Sdward H. Hynes, Comissioner

• j Department of Public Utilities Director of Nuclear Reactor Regulation 1100 Raynond Boulevard ,

U.S. Nuclear Regulatory Comission Newark, E 07102 Washington, D. C. 20555 I

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Al Nardelli, Esquire Division of Rate Counsel  :

10 Cc m erce Court, Rs. 411 4 Newark, W I Joel Jacobson Comissioner !l 1

Department of Energy ,

i 101 Comerce Street . 4 Newark, NJ 07102 -

George Tyler, Esq.

Director Division of Environmental Quality Department of Environmental Protection John Fitch Plaza Trenton, W

' I Jerry Fit: gerald English I Ccmissioner b Department of Environmental Protection l John Fitch Pla:a Trenten, NJ l g.

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/ hYf IGITH A. ON5DORFF / j- )

Assistant Deputy Public Adyctate' *li

. Deparment of the Public Advocate -

.I Division of Public Interest Advocacy i 520 East State Street i Trenton, NJ OS625  !

(609) 292-1692 l-i i