ML19323C060

Response to ASLB 800328 Order Seeking Comments Re Quality of 800312-13 Prehearing Conference Transcript.Transcript Poor But Due to Comparative Unimportance,Rewrite Not Worth Time & Effort.W/Certificate of Svc

ML19323C060
Person / Time
Site:	Bailly
Issue date:	04/11/1980
From:	Eichhorn W, Shea K EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005140615
Download: ML19323C060 (4)

Text

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8005140(>>hi@

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket No. 50-367 NORTHERN INDIANA PUBLIC )

SERVICE COMPANY ) (Construction Permit

) Extension) ,

Bailly Generating Station, )  !

Nuclear 1 ) Dated: April 11, 1980 l

RESPONSE OF NORTHERN INDIANA PUBLIC SERVICE COMPANY l TO ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD DATED MARCH 28, 1980 1

1 On March 28, 1980, the Atomic Safety and Licensing Board (Board) requested that the participants in the special pre-hearing conference of March 12-13, 1980, file comments regarding the quality of the prehearing conference trans-cript. Northern Indiana Public Service Company (NIPSCO) hereby submits its response.

The quality of the transcript is extremely poor. In places, the transcript is unintelligible and incorrectly identifies speakers. There appear to be a number of omissions.

In general, the transcript cannot confidently be relied upon for direct quotation.

However, the transcript does provide a fairly adequate outline of the substantive positions of the participants.

We believe that the transcript, in conjunction with partici-pants' memories and notes of the conference, sufficiently identifies the arguments of the participants.

m. .

In our opinion, it is therefore unnecessary to under-take any drastic remedial action in regard to the transcript, such as rescheduling the prehearing conference. Unlike an evidentiary hearing transcript, a prehearing conference transcript can be less than perfect without seriously affecting the proceeding. The prehearing conference served largely to provide greater detail to some of the legal positions of the parties which had been submitted in writing prior to the conference. As long as the transcript is not viewed in isolation, we believe it is minimally adequate for its intended purpose.

Consequently, we see little value in requiring the parties to take time-consuming (and perhaps impossible) steps to correct the wording of the entire transcript. How-ever, we suggest that the Board provide that any participant who so desires shall submit proposed transcript corrections by a date certain. If the Board is in doubt as to the participants' understanding of the actions which the Board directed them to carry out, it can of course issue a written clarifying order.

Respectfully submitted, William H. Eichhorn, Esquire EICHHORN, EICHHORN & LINK Kathleen H. Shea, Esquire 5243 Hohman Avenue Steven P. Frantz, Esquire Hammond, Indiana 46320 LOWENSTEIN, NEWMAN, REIS, ,

AXELRAD & TOLL - . I 1025 Connecticut Ave., NW By: #

Washington, D.C. 20036 WILLIAM H. EICHHORN j P

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY )

) (Construction Permit Bailly Generating Station, ) Extension)

Nuclear 1 )

CERTIFICATE OF SERVICE I hereby certify that copies of the " Response of Northern Indiana Public Service Company to Order of the Atomic Safety l and Licensing Board dated March 28, 1980" dated April 11, i 1980, were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this lith day of April, 1980.

Herbert Grossman, Esq. Steven Goldberg, Esq.

U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Glenn O. Bright Washington, D.C. 20555 U.S. Nuclear Regulatory Commission William J. Scott, Esq.

Washington, D.C. 20555 Dean Hansell, Esq.

Assistant Attorney General Richard F. Cole Environmental Control Division U.S. Nuclear Regulatory 188 West Randolph Street Commission Suite 2315 Washington, D.C. 20555 Chicago, Illinois 60601 Docketing and Service Section Robert J. Vollen, Esq.

Office of the Secretary c/o BPI U.S. Nuclear Regulatory 109 North Dearborn Street commission Suite 1300 Washington, D.C. 20555 Chicago, Illinois 60G02 Howard K. Shapar, Esq. Edward W. Osann, Jr., Esq.

Executive Legal Director One IBM Plcza U.S. Nuclear Regulatory Suite 4600 Commission Chicago, Illinois 60611 Washington, D.C. 20555

Robert L. Graham, Esq. Richard L. Robbins, Esq.

One IBM Plaza 53 West Jackson Boulevard 44th Floor Chicago, Illinois 60604 Chicago, Illinois 60611 Mr. George Grabowski Mr. Mike Olszanski Ms. Anna Grabowski Mr. Clifford Mezo 7413 W. 136th Lane United Steelworkers of Cedar Lake, Indiana 46303 America 3703 Euclid Avenue Stephen Laudig, Esq.

East Chicago, Indiana 46312 445 N. Pennsylvania Street Suite 815-816 Diane B. Cohn, Esq. Indianapolis, Indiana 46204 William B. Schultz, Esq.

Suite 700 Dr. George Schultz 2000 P Street, NW 110 California Washington, D.C. 20036 Michigan City, Indiana 46360

/

WILLIAM H. EICHif0RN W

Eichhorn, Eichhorn & Link 5243 Hohman Avenue l Hammond, Indiana 46320 I

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