ML20010G504

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

ML20010G504
Person / Time
Site:	Bailly
Issue date:	09/10/1981
From:	Vollen R PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109220057
Download: ML20010G504 (2)

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BEFDRE TIIE ATOMIC SAFETY AND LICENSING BOARD gra ef e9 SecretM pockting & Senice Branch In the Matter of ) #

NORTIIERN INDIANA PUBLIC Docket No. 50-36 t I SERVICE COMPANY ) (Construction PeYmit, (Bailly Generating Station, ) Extension) YP3, ( _b Nuclear-1) ) #

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'**A?dg, PCCI'S RESPONSE TO NIPSCO'S MOTION TO TERMINATE PROCEEDING mzag@'\'

On August 26, 1981, NIPSCO filed a Motion to Terminate Proceeding, requesting that this Board " terminate all proceedings pending before it regarding Bailly." Porter County Chapter Intervenors (PCCI) hereby respond to that motion.

First, PCCI submit that the motion should be granted and that all proceedings pertaining to Bailly should be terminated.*

Iloweve r, as is implicit in the Board's Order (Suspending ,

Proceedings), dated September 1, 1981, the termination should be with prejudice to any subsequent application to extend Construction Permit No. CPPR-104. See 10 CFR 2.107(a). In order to assure all parties, the Commission and the public of

• the finality of NIPSCO's decision not to construct Bailly and to assure that none of the isst?es raised will need to be litigated, the termination should be with prejudice.

The order should terminate "all" proceedings in Docket bio. 50-367, concerning CPPR-104, th us eliminating any question raised by the " Amended Notj - af Opportunity for Hearing (Pilings)", 46 Fed. Req. 43326 ( A s. , _ _ 27, 1981), as to what proceedings are pending. g503 S

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_2-Second, PCCI urge the Board to defer terminating Ele proceedings until resolution of one outstanding issue - what is to be done concerning the excavation at the Bailly site. In an effort to reach an amicable resolution of that issue and thus avoid further litigation, counsel for PCCI has talked with counsel for NIPSCO concerning NIPSCO's intentions with regard to the excavation. As of the date of this Respons e , counsel for NIPSCO has been unable to state NIPSCO's intentions, and thus no agreement has been reached as yet. However, counsel remain hopeful unat one can be reached. In any event, by agreement or odnerwise, pleadings concerning the excavation will be presented to the Board in the near future and termination of the proceedings should be deferred until Unat issue is resolved.

DATED: September 10, 1981 Respectfully submitted,'

Robert J. Vollen Jane M. Whicher By:

R'obert J. Mollen Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 Nordi Dearborn Chicago, Illinois 60602 (312) 641-5570 *

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