|
|
Line 42: |
Line 42: |
| & Light Company, 7 NRC 939949 (1978). | | & Light Company, 7 NRC 939949 (1978). |
|
| |
|
| ; ,
| |
| s The Federation also has engineering and natural science capacity to . | | s The Federation also has engineering and natural science capacity to . |
| - work with the dewatering issue and to bring substantial and credible information . | | - work with the dewatering issue and to bring substantial and credible information . |
Line 129: |
Line 128: |
|
| |
|
| u, | | u, |
| ;
| |
| (- j CERTIFICATE OF SERVICE ! | | (- j CERTIFICATE OF SERVICE ! |
| l L | | l L |
| I hereby certify that on this 28th day of March, 1980, I served copies of the foregoing Notice of Service, dated March 28, -[ | | I hereby certify that on this 28th day of March, 1980, I served copies of the foregoing Notice of Service, dated March 28, -[ |
| 1980, upon each of the persons named on the attached Service List ; | | 1980, upon each of the persons named on the attached Service List ; |
| ;
| |
| and copies of the documents described in the foregoing Notice upon the members of the Atomic Safety and Licensing Board and those persons on the attached Service List, by causing copies to be deposited in the U.S. mail, in envelopes properly addressed and sealed, first class postage prepaid. | | and copies of the documents described in the foregoing Notice upon the members of the Atomic Safety and Licensing Board and those persons on the attached Service List, by causing copies to be deposited in the U.S. mail, in envelopes properly addressed and sealed, first class postage prepaid. |
| ,; [_ | | ,; [_ |
Motion for Addl Time to File Contentions & First Suppl to Intervention Petition in CP Extension Proceeding.Dewatering Info Should Be Reconsidered at 5-yr Interval.Affidavit, Motion & Certificate of Svc EnclML19305E143 |
Person / Time |
---|
Site: |
Bailly |
---|
Issue date: |
03/28/1980 |
---|
From: |
Robbins R LAKE MICHIGAN FEDERATION |
---|
To: |
|
---|
References |
---|
NUDOCS 8004230028 |
Download: ML19305E143 (11) |
|
|
---|
Category:INTERVENTION PETITIONS
MONTHYEARML20009H4981981-07-31031 July 1981 Sixth Request for Production of Documents Directed to Util. Related Correspondence ML20003H7441981-04-24024 April 1981 Motion to Intervene as Respondent in Proceeding.Certificate of Svc Encl.Related Correspondence ML20008D9361980-10-22022 October 1980 Corrections to State of Il Reply Re NRC & Util Responses on Newly Filed Contentions ML19347C1861980-10-10010 October 1980 Response in Opposition to Util 800828 Response to Porter County Chapter Revised Contentions.Contentions Raise Issues Re Delay.Contentions R-I 1 Through R-I 9 & R-I 13 Should Be Admitted.Certificate of Svc Encl ML19337A3771980-06-0505 June 1980 Petition to Intervene & Request for Hearing Submitted on Behalf of City of Gary,In,United Steelworkers of America Local 6787,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project ML19309H5851980-04-14014 April 1980 Response to Various Filings.States No Objection to State of Il & Intervenors Grabowski Participation as Parties.All Other Petitioners Failed to Establish Right to Participate Re Contention,Interest & Standing.Certificate of Svc Encl ML19309G0141980-04-0202 April 1980 Second Suppl to Petition to Intervene.Contends That Psychological Stress Is within NEPA Zone of Interest.Urges That Hearing Be Held to Consider Totality of Circumstances. Certificate of Svc Encl ML19305E1431980-03-28028 March 1980 Motion for Addl Time to File Contentions & First Suppl to Intervention Petition in CP Extension Proceeding.Dewatering Info Should Be Reconsidered at 5-yr Interval.Affidavit, Motion & Certificate of Svc Encl ML19309F6011980-03-26026 March 1980 Supplemental Statement Re Standing.Contends That Members of United Steel Workers of America Local 1010 Are Users of in Dunes Natl Lakeshore in Which Site Dewatering Will Take Place Due to Const.W/Affidavit & Certificate of Svc ML19354C2991980-03-0707 March 1980 Response in Opposition to G Schultz,A & G Grabowski,State of Il,City of Gary & Porter County Chapter Supplemented Petitions to Intervene Filed in Response to ASLB 800207 Order.Urges Denial of Hearing Requests.W/Certificate of Svc ML19296D7891980-02-27027 February 1980 Suppl to 800223 Petition to Intervene.New Developments Since Original CP Granted Give Cuase for Hearing to Update CP ML19337A3801980-02-26026 February 1980 Response,Submitted on Behalf of City of Gary,In,United Steelworkers of America Local 6787,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project,To NRC & Util Opposition to Petition to Intervene.Draft Affidavits Encl ML19309A7661980-02-26026 February 1980 Reply in Opposition to NRC & Northern in Public Svc Commission Responses to Petition to Intervene Re CP Extension.Supporting Affidavits & Certificate of Svc Encl ML19309A7601980-02-26026 February 1980 Contention by City of Gary,In,United Steelworkers of America,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project.Questions Whether Realistic Evacuation & Emergency Plans May Be Implemented Adequately ML20126B9961980-02-25025 February 1980 Amended Petition to Intervene Opposing Extension of Facility Cp.Nrc & Util Must Consider Safety Issues Before Facility Reaches OL Stage.Nrc Is Unlikely to Deny OL for Safety Reasons After Money Has Been Spent on Const of Facility ML19305E1951979-02-27027 February 1979 Request for Hearing Re CP Amend Extending Completion to 850901.Certificate of Svc Encl ML19305E1831976-11-24024 November 1976 Requests to Institute Proceeding & to Suspend or Revoke Cp. Urges Admittance of Porter County Chapter of Izaak Walton League of America,Concerned Citizens Against Bailly Nuclear Site,Et Al,As Parties.W/Certificate of Svc & Documentation 1981-07-31
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20009H4981981-07-31031 July 1981 Sixth Request for Production of Documents Directed to Util. Related Correspondence ML20003H7441981-04-24024 April 1981 Motion to Intervene as Respondent in Proceeding.Certificate of Svc Encl.Related Correspondence ML20008D9361980-10-22022 October 1980 Corrections to State of Il Reply Re NRC & Util Responses on Newly Filed Contentions ML19347C1861980-10-10010 October 1980 Response in Opposition to Util 800828 Response to Porter County Chapter Revised Contentions.Contentions Raise Issues Re Delay.Contentions R-I 1 Through R-I 9 & R-I 13 Should Be Admitted.Certificate of Svc Encl ML19337A3771980-06-0505 June 1980 Petition to Intervene & Request for Hearing Submitted on Behalf of City of Gary,In,United Steelworkers of America Local 6787,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project ML19309H5851980-04-14014 April 1980 Response to Various Filings.States No Objection to State of Il & Intervenors Grabowski Participation as Parties.All Other Petitioners Failed to Establish Right to Participate Re Contention,Interest & Standing.Certificate of Svc Encl ML19309G0141980-04-0202 April 1980 Second Suppl to Petition to Intervene.Contends That Psychological Stress Is within NEPA Zone of Interest.Urges That Hearing Be Held to Consider Totality of Circumstances. Certificate of Svc Encl ML19305E1431980-03-28028 March 1980 Motion for Addl Time to File Contentions & First Suppl to Intervention Petition in CP Extension Proceeding.Dewatering Info Should Be Reconsidered at 5-yr Interval.Affidavit, Motion & Certificate of Svc Encl ML19309F6011980-03-26026 March 1980 Supplemental Statement Re Standing.Contends That Members of United Steel Workers of America Local 1010 Are Users of in Dunes Natl Lakeshore in Which Site Dewatering Will Take Place Due to Const.W/Affidavit & Certificate of Svc ML19354C2991980-03-0707 March 1980 Response in Opposition to G Schultz,A & G Grabowski,State of Il,City of Gary & Porter County Chapter Supplemented Petitions to Intervene Filed in Response to ASLB 800207 Order.Urges Denial of Hearing Requests.W/Certificate of Svc ML19296D7891980-02-27027 February 1980 Suppl to 800223 Petition to Intervene.New Developments Since Original CP Granted Give Cuase for Hearing to Update CP ML19337A3801980-02-26026 February 1980 Response,Submitted on Behalf of City of Gary,In,United Steelworkers of America Local 6787,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project,To NRC & Util Opposition to Petition to Intervene.Draft Affidavits Encl ML19309A7661980-02-26026 February 1980 Reply in Opposition to NRC & Northern in Public Svc Commission Responses to Petition to Intervene Re CP Extension.Supporting Affidavits & Certificate of Svc Encl ML19309A7601980-02-26026 February 1980 Contention by City of Gary,In,United Steelworkers of America,Bailly Alliance,Save the Dunes Council & Critical Mass Energy Project.Questions Whether Realistic Evacuation & Emergency Plans May Be Implemented Adequately ML20126B9961980-02-25025 February 1980 Amended Petition to Intervene Opposing Extension of Facility Cp.Nrc & Util Must Consider Safety Issues Before Facility Reaches OL Stage.Nrc Is Unlikely to Deny OL for Safety Reasons After Money Has Been Spent on Const of Facility ML19305E1951979-02-27027 February 1979 Request for Hearing Re CP Amend Extending Completion to 850901.Certificate of Svc Encl ML19305E1831976-11-24024 November 1976 Requests to Institute Proceeding & to Suspend or Revoke Cp. Urges Admittance of Porter County Chapter of Izaak Walton League of America,Concerned Citizens Against Bailly Nuclear Site,Et Al,As Parties.W/Certificate of Svc & Documentation 1981-07-31
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126M8141985-05-23023 May 1985 Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523 ML20058J0861982-08-0606 August 1982 Order Holding Intervenor Business & Prof People for Public Interest Request for Award of Atty Fees & Expenses Under Equal Access to Justice Act Until Question of Availability of Funds Solved.Nrc Will Seek Comptroller General Opinion ML20054J0811982-06-18018 June 1982 Notice of ASLB Reconstitution.H Grossman,Chairman & K Mccollom & Rl Holton,Members ML20054F9471982-06-0707 June 1982 Memorandum Supporting Business & Prof People for Public Interest Application for Award of Atty Fees & Expenses ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20053E6821982-06-0404 June 1982 Affidavit of Rj Vollen Re Costs & Legal Svcs Provided ML20053E6831982-06-0404 June 1982 Affidavit of Jm Vollen Re Costs & Legal Svcs Provided ML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6841982-06-0303 June 1982 Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010B2941981-08-12012 August 1981 Renewed Application for Subpoenas Directed to Rf Brissette, s Dobrijevic & Personnel at Sargent & Lundy,Ground/Water Technology,Inc & Dames & Moore.Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C5001981-08-11011 August 1981 Notice of Lm Bykoski & Lg Hulman 810824 & 26 Depositions, Respectively,Re Theoretical & Empirical Basis of NRC 810717 Eia & Documents,Info & Personnel Used in Preparing Eia ML20010C5071981-08-11011 August 1981 Amended 810720 Notice of MD Lynch Deposition,Including Listed Matters for Exam ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl 1985-05-23
[Table view] |
Text
{{#Wiki_filter:,_
hk * ' .
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY-AND LICENSING BOARD In the Matter of )
)
NORTHERN INDIANA PUBLIC ) DOCKET No. 50-367 SERVICE COMPANY )
(Bailly Generating Station, ) (Construction Permit Extension)
Nuclear 1) )
LAKE MICHIGAN FEDERATION MOTION FOR ADDITIONAL TIME TO FILE CONTENTIONS AND FIRST SUPPLEMENT TO PETITION FOR LEAVE TO INTERVENE WITH ADDITIONAL CONTENTION The Board having directed that the petitioners shall file supplements to their petitions fif teen days prior to the prehearing conference the Lake Michigan Federation requests, based upon good cause and other bases, that the Board consider the Federation to have adopted Contention #8 of the Joint Intervenors (Transcript, March 13, Prehearing Conference Page 269) and that the Federation has adopted all of the Contentions except Contention #2 of the Joint Intervenors and the Federation has adopted Contention #4 of the State of Illinois (Transcript, March 13, Prehearing Conference, Page 367, as it should read to reflect statements) and grant additional time to file contentions.
The Federation also requests that the Board consider additional Contentions described below.
- 1. Under 10 C.F.R. 2.714 the Federation should be permitted to adopt Contentions and state an additional Contention since the Federation has shown good cause, there are no other means or parties whereby petitioners unique interest will be._ protected, the petitioner can reasonably be expected to assist in the development of a sound record, no delay will occur from granting this request and petitioner's participation will improve the consideration of critical issues.
8 0 0 4 2 3 0Q;)$ .
-2_
The petitioner also has a unique position as an intervenor and any order seriously affect petitioner's interest.
The petition to intervene filed December 28, 1979 describes fully the Federation's interest in this proceeding. The Federation serves to represent the interests of individual (s) and civic and environmental organizations ,
in Indiana, Illinois, Michigan and Wisconsin.
Members of the Federation not only utilize recreational and drinking water facilities near the Bailly Plant site but they use all of Lake Michigan for recreational, environmental and economic and aesthetic purposes.
Lake Michigan is a lake serving many millions of people with drinking water. Unlike many other water bodies serving such a population the lake has a flow through period of about 100 years. Any major alterations in the water or water quality will affect a substantial number of people for a long period of time.
Citizens at Sheboygan, Wisconsin; Northern Wisconsin; Spring Lake, Michigan; llolland, Michigan; Milwaukee and other locations look to the Federation to protect and preserve Lake Michigan.
No other parties or intervenors in this action represent such at interest. The interest will add a unique dimension to each of the Contentions considered.
The Federation has alsa had a un!que and particular interest in the Indiana Dunes and in the deuatering controversy. In March of 1980 the Federation -
published a definitive fourteen page report on the issue after months of research.
That the Federation will provide a " complete picture" of dewatering and will make
" apparent" the concerns is supportive of granting additional time. Florida Power
& Light Company, 7 NRC 939949 (1978).
s The Federation also has engineering and natural science capacity to .
- work with the dewatering issue and to bring substantial and credible information .
to the Board for decision.
The Executive Director of the Federation is an engineer. The Federation's Lake Michigan Science Task Force has the skills of biologists, chemists and others who provide technical assistance to the staff and the public.
The Federation also has good cause for the delay. The Federation has only a single lawyer in a staff of five. The timing of the hearings appeared at a time of surgery for that single lawyer which took place during January, February, and March. During that time there were substantial absences from the office and shortened ~ working days. Since the lawyer is also the administrator and was leading the effort to compile information on the Bailly plant site these activities could not all be completed simultaneously.
A major cause of the delay was that substantial effort was undertaken to analyze the dewatering issue. Federation staff spent over 250 hours on the issue -
during the three month span. Such work was necessary before the Federation could present Contentions. In addition *the Federation had to closely examine the Three Mile Island incident and the various reports and agency actions resulting from the incident.
Study of these issues was not completed. until March 13. . At that po'nt I
Contentions could be considered by the staff of the Federation.
These constitute good cause as the delay was beyond the control of the petitioner, was aggravated by the short time period for Contentions, (which other
-parties raised as well), and the creation of Contentions required substantial research activity.
m.__..
m This study and research will permit the Federation to " assist constructively in developing a sound record" and will contribute to a sound decision.
The participation of the Federation will not dilay the proceedings since all but one Contention have already been considered at the prehearing conference. The issues will be broadened slightly to con ider the lakewide interest in each of ths - ontentions but such a broadenint could be expected from the original petition of the Federation which mentionco a"ch interests.
This will be no surprise to any party.
Petitioner has stated at least one Contention that meets requirements of particularity under 10 C.F.R.F. 5 2.714. In addition at Transcript p. 269 there were no objections to the Federation concurvf lg and adopting Contention 8 of the Joint Intervenors.
- 2. The Federation requests that the following Contention be considered ,
at the hearing.
- a. The original construction permit was issued for a period of five years. In LSc construction permit process the parties, intervenors and nonparty observers and others who did not intervene may have been v.111rg to rely upon assiduous research into the state of the art an a factual issties concerning the con-struction permit. Decisions were made on participation in the proceedings, furth2r study, actual facts considered based upon.
those decisions.
t
~
S-Some parties and the Commission understood that many .ssues could not be reconsidered for at most five years when an operating license hearing 'would consider further issues. In fact when individuals old bring matters to the attention of the Commission during the interim they were generally relegated to the operating process.
In fact the construction permit findings and the issues raised are considered as tes ,judicara--for at most five years in the Bailly situation. Even issues not raised are ao considered by the Commission. The Federation maintains five years is the limit of such an estoppel and the public interest, must permit reopening of prior issues and addition of new issues at the termination of the five year period or the consideration of an operating license whichever comes first.
The public should be bound to r is k the development of new facts or the reconsideration of previously determined facts for a period longer than five years.
The dewatering issue presents this type of concern perfectly.
For five years many have worked to discover more information about the dewatering situation.
It seems cicar to us that this information should be reconsidered at a five year interval -- that the operating licenses process was expected to occur prior to that time and that we cannot wait to utilize this new knowledge for a longer period of time, t
Therefore all Contentions applicabic should consider all new issues which have arisen since the construction permit process.
- 3. Therefore the petitioner request that the Board rule that the Federation has adopted the Contentions herein stated and that additional time will be granted.
P DATED: March 28, 1980 Respectfully..submipted,
,- )
j >
/
N/ l
'~j i'
e,/ Ord (A t RTC11ARD L. ROBBINS Attorney for the Lake Michigan Federation 53 W. Jackson Blvd., Suite 1710 Chicago, Illinois 60604 312/427-5121 L
i i .
I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
NORTilERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY )
(Bailly Generating Station, ) (Construction Permit Nuclear 1) ) Extension)
AFFIDAVIT OF JAMES D. GRIFFITII James D. Griffith declares and states as follows:
- 1. I reside at 636 Ilunter Rd., in the City of Glenview, Illinais.
- 2. I am a member of the Lake Michigan Federation, a coalition of individuals and groups in the four states surrounding Lake Michigan.
I authorize the Lake Michigan Federation to represent my interest in this proceeding on my behalf.
- 3. Because I utilize Lake Michigan as a sailor, swimmer and fisherman, with a boat moored in Wilmete liarbor my health and safety
'will be jeopardized in the event that the waters of Lake Michigan are adversely impacted by construction of the plant at the Bailly site.
- 4. For this reason I have authorized the Lake Michigan Federation to intervene in this proceeding to oppose extension of the construction permit.
W~
/
t In accordance with 28 U.S.C. 8 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed on TYts,q O_ {, , J 9 88
_/-
[[ f s
_m :}zM?-d J MES D. GRIFFI 11'/
The deponent first being put upon oath swears that the following is true to the best of his knowl~cdge and Telie
~
,f . . . . . . ( r db}
ib .S D. GRI E'Pdf [[
Sworn and subscribed before me on this day M FI u 5 /,/fb , Y/ Q Y
# "" '"'0" Notary Public. My commission expires on U Pires Op. 3, ; p63 e
March 28, 1980 UNITED STATE OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF )
)
NORTHERN INDIANA PUBLIC ) DOCKET NO. 50-367 SERVICE COMPANY )
(Bailly Generating Station, )
Nuclear 1) )
NOTICE OF SERVICE Pursuant to the request of the Chairman of the Board at the March 12, 1980 Special Prehearing Conference in the above-captioned matter, counsel for the Lake Michigan Federation hereby give notice that they are serving herewith copies of the following documents upon the members of the Board and upon those persors on the attached Service List:
- 1. Affidavit of James D. Griffith
- 2. Lake Michigan Federation Motion For Additional Time to File Contentions and First Supplement to Petition for Leave to Intervene with Additional Contention.
- '~~s
' \/
DATED: March 28, 1980 -
' /
- /\ l '
~/4GdL V:y- - ;
NJ1 chard L. Robbins Attorney, Lake Michigan Federation Richard L. Robbins Lake Michigan Federation 53 W. Jackson Blvd., Suite 1710 Chicago, IL 60604
u,
(- j CERTIFICATE OF SERVICE !
l L
I hereby certify that on this 28th day of March, 1980, I served copies of the foregoing Notice of Service, dated March 28, -[
1980, upon each of the persons named on the attached Service List ;
and copies of the documents described in the foregoing Notice upon the members of the Atomic Safety and Licensing Board and those persons on the attached Service List, by causing copies to be deposited in the U.S. mail, in envelopes properly addressed and sealed, first class postage prepaid.
,; [_
g / s :
(,c' - c '
Attorney ff '
i I
I i
9 t
i r
0
- e 1 '-
, t
. r l
u , . - - - , . . m , .- r . - , - , , . - - , -, . , , . . -
~
SERVICE LIST lierbert Grossman, Esq., Chairman George and Anna Grabowski Atomic Safety and Licensing, 7413 W. 136th Lane Board Panel Cedar Lake, Indiana U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George Schultz 110 California St.
Dr Richard F. Cole Michigan City, Indiana 46360 Atomic Safety and Licensing Board Panel Richard L. Robbins, Esq.
U.S. Nucicar Regulatory Commission Lake Michigan Federation Washington, D.C. 20555 53 W. Jackson Blvd.
Chicago, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike Olszanski Board Panel. Mr. Clifford Mezo U.S. Nuclear Regulatory Commission United Steelworkers of America Washington, D.C. 20555 3703 Euclid Ave.
Maurice Axelrad, Esq.
Kathleen 11. Shea , Esq . Steven C. Goldberg, Esq.
Lowenstein, Newman, Reis, Office of the Executive Axelrad and Toll Legal Director
- 1025 Connecticut Ave., N.W. U.S. Nuclear Regulatory Commissioi Washington, D.C. 20036 Washington, D.C. 20555 Wil1iam H. Eichhorn, Esq. Dean llannell, Esq.
Eichhorn, Eichhorn & Link Assistant Attorney General 5243 llohman Avenue John Van Vranken, Esq.
Ilammond, Indiana 46320
' Environmental Control Division 188 W. Randolph St. - Suite 2315 Diane B. Cohn, Esq. Chicago, IL 60601 William P. Schultz, Esq.
Suite 700 Stephen Laudig, Esq.
2000 P Street, N.W. 445 N. Pennsylvania Ave.
Washington, D.C. 20555 Indianapolis, IN. 46204 Atomic Safety and Licensing Docketing and Service Station Board Panel Office of the Secretary ll . S . Nuclear Regulatory Commission U.S. Nuclear Regulatory Uashington, D.C. 20555 Commission Atomic Safety and Licensing Appeal Board Panel I!.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
<}}