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.

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