ML19316B153

Response to Save the Valley-Save Marble Hill 800423 Motion to Strike & Objections to Util Bill of Costs Re Civil Action 78-1369 on Appeal.Urges Assigning Costs to State of Ky & Intervenor.W/Certificate of Svc.Related Correspondence

ML19316B153
Person / Time
Site:	Marble Hill
Issue date:	04/29/1980
From:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE, PSI ENERGY, INC. A/K/A PUBLIC SERVICE CO. OF INDIANA
To:	U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
References
NUDOCS 8006110424
Download: ML19316B153 (3)

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RELATED CORRESPONDENCE 541 In The UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT COMMONWEALTH OF KENTUCKY, ex rel. )

ROBERT F. STEPHENS, ATTORNEY GENERAL,)

)

Petitioners, )

)

v. ) No. 78-1369

) O E UNITED STATES NUCLEAR REGULATORY ) D COMMISSION and UNITED STATES ) @

OF AMERICA, DED gg

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Respondents. -

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APR 2 91980 > g Dilice cf the Sq 9 D0chung & %

Banch q RESPONSE OF PUBLIC SERVICE COMPANY OF [4 INDIANA, INC. TO MOTION TO STRIKE AND A O*

OBJECTIONS TO PSI'S BILL OF COSTS Public Service Company of Indiana, Inc. (" PSI")

hereby responds to the " Motion to Strike and Objections to PSI's Bill of Costs" (" Motion") served on April 23, 1980 by Save the Valley-Save Marble Hill ("STV").

Two grounds ostensibly support the Motion.

Neither provides any basis for relieving STV of its respon-sibility for PSI's properly documented costs.

The first ground stated is that PSI's " costs are not specific". That statement has no basis in fact.

PSI's Bill of Costs includes both a breakdown of its costs and a copy of its printer's bill. Further specificity is 1

1 impossible.

l l

8006119 '

4 The second ground stated is that such " costs are not allowable pursuant to Rule 39, Fed. R. App. P., and Local Rule 15, against the intervening petitioner, Save the Valley-Save Marble Hill." That statement is squarely contrary to the law of this Circuit. In Delta Air Lines, Inc. v. CAB, 164 U.S. App. D.C. 279, 505 F.2d 386, 388 l

(D.C. Cir. 1974), this Court stated:

"It develops that, of those circuits confronting the problem, the prevailing practice has been to treat intervenors in agency actions like any other prevailing or losing party, as the case may be. . . . We think that this practice properly recognizes the role of intervenors in agency review proceedings and is consistent with the intent of Rule 39(a)."

See also NLRB v. Oil, Chemical & Atomic Workers Int. Union, 476 F.2d 1031, 1038 (1st Cir. 1973); 28 U.S.C. S1920 (1976); 9 Moore's Federal Practice 1239 (2d ed.).

PSI's costs should be taxed jointly and severally l

against the Commonwealth of Kentucky and STV. l l

Respectfully submitted,

. Of Harry . Vo ig t Michael F. McBride LeBOEUF, LAMB, LEIBY & MacRAE

'1333 New Hampshire Avenue, N.W.

Suite 1100 Washington, D.C. 20036.

(202) 457-7500 Attorneys for Public Service Company of Indiana, Inc.

April 29, 1980 o

e IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT COMMONWEALTH OF KENTUCKY, ex rel. )

ROBERT F. STEPHENS, ATTORNEY GENERAL,)

. )

Petitioners, )

)

v. ) No. 78-1369

)

UNITED STATES NUCLEAR REGULATORY )

COMMISSION and UNITED STATES )

OF AMERICA, )

)

Respondents. )

CERTIFICATE OF SERVICE I hereby certify that I have served, this 29th day of April, 1980, a copy of the foregoing Response to Motion to Strike and Objections to PSI's Bill of Costs, by first-class mail, postage prepaid, on each of the following counsel of record:

l David K. Martin, Esq. James W. Moorman, Esq.

Assistant Attorney General Carl Strass, Esq.

Office of the Attorney General Neil T. Proto, Esq.

Capitol Building, Room 34 Department of Justice Frankfort, Kentucky 40601 10th and Pennsylvania Avenue Washington, D.C. 20530 Thomas M. Dattilo, Esq.

Metford & Dattilo Stephen F. Eilperin, Esq.

404 E. Main Street Solicitor Madison, Wisconsin 47250 U.S.' Nuclear Regulatory l Commission I Michael Schaefer, Esq. Washington, D.C. 20555 Office of the Attorney General 219 State House Indianapolis, Indiana 46204 GAhbf Nn Attorney (for ' Public(Servic' Company of Indiana, Inc.