ML19316A884

Statement in Opposition to Util 800414 Filings Suggesting Intervenors' Contentions Could Be Adequately Represented by Il & Porter County.Private Organizations' Interests Different than State.W/Certificate of Svc

ML19316A884
Person / Time
Site:	Bailly
Issue date:	04/29/1980
From:	Hansell D, Scott W ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005280021
Download: ML19316A884 (5)

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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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IN THE MATTER OF ) - 3

) DOCKET NO. 50-367 s NORTHERN INDIANA PUBLIC ) 4' SERVICE COMPANY ) DOCKETED r (Bailly Generating Station, ) g. USNao J Nuclear 1) ) '--

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. STATEMENT OF ILLINOIS REGARDING a) &

ITS ABILITY TO REPRESENT OTHER PARTICIPANTS IN THIS PROCEEDING The Northern Indiana Public Service Company (NIPSCO) has on two occasions suggested that Illinois could adequately represent the interests of other intervenors in this proceeding.

At the Special Prehearing Conference of March 12, 1980 it stated 4

that in view of the similarity of Illinois' contentions with many of those of Porter County Intervenors either of us could adequately represent the other.1 Further, in NIPSCO's response to various filings, dated April 14, 1980 it stated that because the Lake Michigan Federation adopted Illinois' contentions along with those of Porter County Intervenors the Federation's interests could be l adequately represented by Illinois and Porter County.2

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Illinois is neither able to represent Porter County f Intervenors or the Lake Michigan Federation nor is it appropriate i

1 1 Transcript of March 12, 1980 at 71-72.

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NIPSCO did not explain the apparent inconsistency between its I statement in its response that the Federation's interests could l be adequately represented in part by Porter County Intervenors and yet also argue in the same document that Porter County Intervenors

_should not be admitted as parties.

l 80052800gl

for the State to do so. Although there is similarity between some of Illinois' contentions and those of Porter County, Porter County and the Federation have raised contentions which Illinois has not raised. In addition, Porter County and the Federation base their Petitions to Intervene on certain interests which Illinois does not share. Thus Illinois could not adequately represent the interests of those two participants.

Further,it is highly inappropriate for Illinois as a sovereign state to represent the interests of non Illinois citizens or of private organizations.

Illinois will cooperate to the extent it can with the other participants to this proceeding in an effort to expedite this matter. However, it is neither capable of representing another party to this proceeding nor is it appropriate for it to do so. Thus Illinois requests of the Licensing Board that in acting upon the Petitions to Intervene of the other participants it not i consider Illinois to be an adequate representative of the interests of others.

Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS WILLIAM J. SCOTT Attorney General State of Illinois

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OF COUNSEL: DEAN HANSELL Assistant Attorney General JOHN VAN VRANKEN Environmental Control Division Assistant Attorney General 188 West Randolph Street SUSAN N. SEKULER Suite 2315 Assistant Attorney General Chicago, Illinois 60601 312-793-2491 DATED: APRIL 29, 1980

CERTIFICATE OF SERVICE I, JESSIE GIBSON, hereby certify that I have served a copy of the foregoing Statement of Illinois Regarding Its Ability To Represent Other Participants In This Proceeding, upon each of the following persons by deposit in the United States Mail, first class postage prepaid, this 29th day of April, 1980.

Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Glenn O. Bright U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Steven Goldberg, Esquire Office of the Executive Legal Director

. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George Schultz 110 California Michigan City, Indiana 46360 William H. Eichorn, Esq.

5243 Hohman Avenue Harunond, Indiana 46320

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. Suite 4600 Chicago, Illinois 60611 Rober L. Grahar., Isquire '

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Chicago, Illinois 60611 Mr. Mike Ols:anski Mr. Clifford Me:o United Steelworkers of Anerica .

3703 Euclid Avenue East Chicago, Indiana 46312 Diane 3. Cohn, Isr.uire w _ _1 _, 4_ a.. n . S c ..,,_, __ __ , _es -,_,

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Washington, D.C. 20036 Richard L. Rchbins, Isquire 53 West Jackson Sculevard Chicago, Illinois 60604 Mr. George Grahcwski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 Stephen Laudig, Isquire 445 N. Pennsylvania Street Suite 815-616

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Washington, D.C. 20036 Robert W. Hammesfahr, Esq.

200 E. Randolph Street 1

Suite 7300 Chicago, Illinois 60601 1 i i

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