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CRA073 -- James Newman Papers
  
Calumet Regional Archives

Inventory

2.75 Linear Feet
January 1983

Introduction

Mr. James Newman, Co-Chairman of the Concerned Citizens Against the Bailly Site, deposited the James Newman Collection in the Calumet Regional Archives in January 1983.

Property rights in the collection are held by the Calumet Regional Archives; literary rights are dedicated to the public. There are no restrictions on access to the collection.

Linear feet of shelf space: 2.75 linear feet
Number of containers: 4 boxes
Calumet Regional Archives Collection 073
Processed by:Stephen McShane
Date: January, 1983

Scope and Content

The James Newman Collection contains records documenting the establishment and history of the Concerned Citizens Against the Bailly Nuclear Site, a local citizens group, from 1969 to 1982. A series of newsletters (1971-1981) detail the activities of the Concerned Citizens in the legal battle over the proposed construction of the Bailly nuclear plant and reveals the progress of the case as well as the actions and status of the Concerned Citizens as Intervenors against construction of a nuclear power plant at the Bailly site. These newsletters provide fairly complete documentation of the Concerned Citizens' role in the Bailly nuclear episode in the first half of the 1970's. Correspondence, (1972-1981) supplements the newsletters and;;provides data on the strategy of the Concerned Citizens and particularly on the concern about funding for the group's legal proceedings. Also, the correspondence furnishes the views of several United States Congressmen regarding the Bailly issue. Next, a series of legal documents (1972-1981) contains detailed information on the actions and arguments of the various parties in hearings before the Atomic Energy Commission and in the courts. AEC and Nuclear Regulatory Commission dockets comprise reports, appeals, interventions, and testimony of the various parties while briefs and petitions highlight the opposing viewpoints held by the Concerned Citizens, Northern Indiana Public Service Company, and the State of Illinois as the case progressed before the U.S. Court of Appeals and the U.S. Supreme Court.

In addition to the documents describing the Bailly nuclear plant episode, the collection retains a series of records relating to the history of Dune Acres, the home of the Concerned Citizens group. This series includes two formal histories of the town as well as correspondence describing the residential development of Dune Acres and the park-port controversy of the 1960's. Finally, newsclippings (1970-1982) portray the public account of the Bailly issue throughout the 1970's.

Persons interested in both the history of the Bailly nuclear plant controversy and the operation of local community organizations, particularly regarding a group's involvement in the legal system will find useful information in the James Newman Collection. Researchers should note that a history of the Concerned Citizens is located in Box 1, File Folder 1 and also that the collection contains files relating to the history of the Indiana Dunes National Lakeshore. Other environmental collections held by the Calumet Regional Archives include the Bailly Alliance Records (CRA 023), the Edward Newell Papers (CRA 064), the Community Action to Reverse Pollution Records (CRA 099), the Dustin Papers (CRA 113), and the Lindsey Papers (CRA 118).

Historical Sketch

In 1972, at a meeting in the Dune Acres, Indiana fire station, a group of local citizens established the Concerned Citizens Against the Bailly Nuclear Site organization. The members elected James Newman and Edward Osann as Co-Chairmen and Mildred Warner as Treasurer. The primary purpose of the Concerned Citizens focused upon opposition to Northern Indiana Public Service Company's plans to construct a nuclear power plant at the corporation's Bailly site near the Indiana Dunes National Lakeshore. Early in the campaign, the group decided to avoid mobilizing public opinion against NIPSCO. Instead, the Concerned Citizens concentrated their opposition o legal arguments before the courts, the Atomic Energy Commission, and later the Nuclear Regulatory Commission.

In the winter of 1971-1972, the Concerned Citizens and the Porter County Chapter of the Izaak Walton League jointly petitioned the AEC hearing board for the status of legal Intervenors to retain the rights to call witnesses, cross-examine witnesses, and produce evidence in their case against the Bailly project. In addition, Edward Osann, Mildred Warner, James Newman, and IUN professor George Hanks petitioned for and received individual Intervenor status from the AEC board. Throughout the 1970's, the Concerned Citizens pursued their goal of legally preventing construction of the plant at the Bailly site. In addition, the Businessmen for the Public Interest (BPI) organization joined the Concerned Citizens' campaign throughout the Bailly controversy period. Edward Osann and Herbert Read a local architect and environmentalist directed and participated in lengthy hearings and prepared legal briefs and testimony, while Co-Chairman James Newman and Treasurer Mildred Warner conducted local fundraising and quiet public information campaigns. As a result of the fundraising activity, the Concerned Citizens received contributions from many residents of Dune Acres as well as the Indiana Izaak Walton League and the Save the Dunes Council to finance the group's legal activities. Through periodic newsletters, Newman kept local Dune Acres residents informed of the progress of the case and actions of the Concerned Citizens in the hearings and the courts.

The Concerned Citizens and Intervenors presented large volumes of testimony and numerous economic, legal, and environmental arguments opposing the Bailly nuclear plant proposal. In 1974, the group suffered a setback when the AEC Licensing Board granted the Bailly construction permit to NIPSCO. The Intervenors appealed the decision, however, and in April, 1975, the United States Court of Appeals for the Seventh Circuit overturned the AEC license grant and ordered NIPSCO to stop construction and fill the excavation site. Meanwhile, the Bailly episode continued as NIPSCO petitioned for a hearing before the U.S. Supreme Court. In November, 1975, the utility won a partial victory when the Supreme Court reversed the ruling of the Seventh Circuit Court of Appeals; yet, the Intervenors persisted and concentrated on several undecided arguments in the proceedings before the Court. Finally, opponents of the Bailly project received welcome news when the Supreme Court halted construction because of questions regarding pilings for the plant. Additional investigation into the pilings issue followed, causing further delays costly to NIPSCO. Because of the long delays and growing local protests, eventually the utility ended the Bailly controversy by canceling plans to build the nuclear plant at the Bailly site.

When NIPSCO decided in August, 1981, to cancel plans to erect the plant, the Concerned Citizens group had achieved its primary objective. Through the early years of the Bailly controversy, the group had taken a leading role in the opposition to the plant construction and continued to argue against the plant proposal in the courts for an entire decade. The organization's activities and history had provided an interesting example of one of the local community groups involved in the Bailly nuclear issue pursuing a long,tedious,but effective course. With the end of the Bailly episode, however, interest in the Concerned Citizens waned, and the group disbanded in 1982.


Box File Description
1 1 Historical Information, Concerned Citizens Against the Bailly Site, 1972-1981
2 Concerned Citizens Against the Bailly Nuclear Site, Newsletters and Related Materials, (1969-1981)
3 Correspondence, (l972-1981)
4 Correspondence, Mildred Warner File, Bailly Nuclear Site, 1972-1977
5 Correspondence, Mildred Warner File, Indiana Dunes National Lakeshore, 1960-1972
6 Businessmen for the Public Interest / David Comey Materials, (1969-1975)
7-17 AEC Dockets, 1972-1973

Box File Description
2 1-8 AEC Dockets, 1973-1974
9-12 NRC Dockets, (1975-1981)
13 Complaint Files, U.S. District Court for the Northern District of Indiana, October-December, 1972
14 Annex to Complaint, U.S. District Court for the Northern District of Indiana, October 6, 1972
15 Petitioners Brief in Support of Motion for Stay, September 19, 1974
16 Preliminary Response of NIPSCO to Petitioners Motion for a Stay, September 24, 1974
17 NIPSCO Response to Motion to Intervene Filed by the State of Illinois, September 30,1974
18 Response of USA and AEC to State of Illinois' Motion to Intervene, September 30, 1974
19 Petitioners-Intervenors Emergency Response to Motion of Respondent AEC for Leave to Reopen Administrative Procedures for Further Hearings, October 7, 1974
20 Petitioners' Response to Government's Motion for leave to Reopen Administrative Proceedings, October 7, 1974
21 Brief, NIPSCO's Response in Opposition to Petitioner's Motion for Stay, October 9, 1974
22 Petitions for Review of an Order of the AEC, October 3, 16, 1974
23 Brief for Petitioners on Petition for Review of Final Orders of the AEC, November 6, 1974
24 Brief, NIPSCO Response to People of the State of Illinois, U.S. Court of Appeals, November 27, 1974
25 Brief, Reply for Petitioners on Petition for Review of Final Orders of the AEC, December 3, 1974
26 Brief, NIPSCO Response to City of Gary, U.S. Court of Appeals, December 3, 1974

Box File Description
3 1 Brief, Reply of Petitioners-Intervenors, U.S. Court of Appeals, December 3, 1974
2 Brief, AEC and USA on Petition for Review of Final Orders of the AEC, November, 1974
3 Transcript, Meeting with Joint Intervenors Regarding Court of Appeals Decision, April 18, 1975
4 Transcript, Meeting with Utility Representative Regarding Court of Appeals Decision, April 18, 1975
5 NIPSCO Petition for Rehearing, April 22, 1975
6 Briefs of Amicus Curiae, Commonwealth Edison Company, April 29, 1975
7 Government's Petition for Rehearing and Suggestion of Rehearing in BANC, April, 1975
8 Answers to Petitions for Rehearing,May 9, 1975
9 NIPSCO's Motion for a Stay of Mandate Pending Application for Certiorari, June 2, 1975
10 Motion for Stay or Mandate Pending Application for Certiorari, June 3, 1975
11 U.S. Court of Appeals Orders, May 28, June 4,1975
12 Brief, Response of Porter County Chapter of the Izaak Walton League, September, 1975
13 NIPSCO Reply Memorandum for Petitioners, 1975
14 NIPSCO's Petition for a Writ of Certiorari to U.S. Court of Appeals, November 11, 1975
15 Decision, on Petition for Writ of Certiorari to U.S. Court of Appeals, November 11, 1975
16 Motion of Petitioners and Petitioner-Intervenors for Leave to File Instanter, December 29, 1975
17 Supplemental Brief of Petitioners on Petition for Review of Final Orders of the AEC, December 29, 1975
18 Argument and Decision, Petition for Review of Final Orders of the AEC, 1974, 1975
19 Petition for Review of Final Orders of the AEC, on Remand from the Supreme Court, April 13, 1976
20 Petition for a Writ of Certiorari to U.S. Court of Appeals, October Term, Supreme Court, 1976
21 Brief for NIPSCO in Opposition, U.S. Supreme Court, October Term, 1976
22 Motion to Intervene, State of Illinois, n.d.
23 Safety Evaluation, Bailly Generating Station, 1972
24 AEC Draft Environmental Statement, Bailly Nuclear-1, July, 1972
25 AEC Final Environmental Statement, February, 1973
26 Bailly Generating Station Information Guide, 1962-1963
27 Studebaker, Dune Acres, 1923-1973
28 Boswell, A Study of Dune Acres, 1974
29 Abstract of Title, Dune Acres, Incorporated, 1929
30 Correspondence, General, Dune Acres development, 1938, 1940, 1965
31 Report, The Park Purchase Plan, Dune Acres, 1974
32 Master Plan, Dune Acres, 1959

Box File Description
4 1 Newsclippings, Mildred Warner File, Indiana Dunes National Lakeshore, 1960-1962
2-3 Newsclippings, 1970-1982
4 Chicago History, Winter 1974-1975
5 Indiana Dunes Draft Special Study, 1977

Subject Tracings

  • Atomic Energy Commission
  • Bailly Nuclear Plant
  • Community Groups
  • Concerned Citizens Against the Bailly Site
  • Douglas, Paul
  • Dune Acres
  • Environment
  • Indiana Dunes
  • Newman, James
  • NIPSCO
  • Nuclear Power
  • Nuclear Regulatory Commission
  • Porter County
  • Save the Dunes Council
  • Warner, Mildred