ML19336A562

Motion for Extension Until 10 Days Following Completion of Limited Discovery.Time Necessary for Response to Issue Raised by GE Re Contracts Containing Commercial Info

ML19336A562
Person / Time
Site:	Bailly
Issue date:	10/24/1980
From:	Vollen R IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19336A558	List: ML19336A557 ML19336A562 ML19336A565 ML19336A567
References
ISSUANCES-CPA, NUDOCS 8010300069
Download: ML19336A562 (2)

Text

5 UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION w I h A .. . .* , 7 IE > $

BEFORE THE ATOMIC SAFETY AND LICENSING BOA B1 Op:;;;.  :,a4s: ,/

u ...L :.: ; Er-S : i oc Er-In the Matter of g g C NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Beilly Generating Station, ) Extension)

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MOTION TO EXTEND TIME TO COMPLETE ANSWER Porter County Chapter Intervenors , by their attorneys ,

hereby move the Board for an order extending time for them to complete their Answer to the Motion for Protective Order filed by General Electric Company on October 14, 1980. Porter County Chapter Intervenors are filing today their Partial Answer in Opposition to Motion for Protective Order in,which they respond to the firstewo of the three alternative forms of protective order sought by General Electric in its Motion. Porter County Chapter Intervenors request an extension of time, until 10 days following the completion of lir.;ted discovery necessary for them to respond to the third alternative raised by General Electric.

General Electric, as a basis for its third alternative form of protective order, asserts that the contracts at issue "are of the type of highly sensitive commercial information which would fall within the four factors enumerated in 10 CFR 52.790." (Motion for Protective Order, at p. 4) . A supporting affidavit, by Eugene W. O'Rorke of General Electric, was filed on October 17, 1980, and received at the office of counsel for Porter County Chapter 80108000W l

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l-Intervenors on October 23, 1080. An extu:inat ton of that affidavit shows that it allege 3 conc lus ions w i t hou' reciting the facts forming the basis for those conclusions, is otherwise vague and incomplete, and makes assertions t he truth of which Porter County Chapter Intervenors should be permi t ted t o test Porter County Chapter Intervenors believe that, with facts established by discovery, we can show that the affidavit, as well as General Electric's position, is witheut merit, and that no p.atective order should be entered. Porter County Chapter Intervenors are today filing their Notice of Depos i tion of Eugene W. O'Rorke to examine him concerning his affidavit.

Inasmuch as Porter County Chapter Intervenors will then be better able to show the lloard why t he t hird of General Elect ric' alternative forms of protective order should be denied, we request that the Board issue an order extending the time to cottple'e our answer in opposition unt il 'O day- a f ter l imi ted di s cover- is concluded.

DATED: October 24, 1980 Respectfully submitted, Robert J. Vollen Jane M. Whicher r

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Robert J. Vollen av. Attorneys

. ..RoDert J/ Vollen for Porter County Jane M. Whicher Chapter Intervenors 109 N. Dearborn Chicago, IL 60602 (312) 641-5570 D P"D

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