ML19336A565

Second Motion for Production of Documents Directed to Util Who Failed to Object or Move for Protective Order.Contracts W/Ge Re Supply of Nuclear Steam Sys Must Be Inspected.Util Request for Deferral Must Be Denied

ML19336A565
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 8010300075
Download: ML19336A565 (2)

Text

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SEFORE THE ATOMIC SAFETY AND LICENSING E0ARD 6 "

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SERVICE COMPANY Docket No. 50-367

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PORTER COUNTY CHAPTER INTERVENORS' SECOND MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY UIPSCO Porter County Chapter Intervenors, by their attorneys, move the Board to enter an order, pursuant to 10 CFR 52.740(f),

compelling NIPSCO to produce for inspection and copying its contracts with General Electric Company under which GE is to supply the nuclear steam supply system and turbine generator for the Bailly nuclear facility.

In support of this motion, Porter County Chapter Inter-venors state as follows:

1.

On August 21, 1980, Porter County Chapter Intervenors served their First Request to NIPSCO for Production of Documents, paragraph 6 of which seeks the following: "All contracts, sub-contracts and agreements between NIPSCO and any contractor, sub-contractor or supplier for any component, part or materials for, or labor pertaining to, the construction and operation of the ~

Bailly plant." 1

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2. At the requests of counsel for NIPSCO, counsel for 5 E_

Porter County Chapter Intervenors agreed to defer the time for i E_

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. i NIPSCO to respond :o that request with respect to contracts, subcontracts or agreements between NIPSCO and General Electric Company until October 14, 1980.

3. On October 14, 1980, HIPSCO filed its Supplemental Response to Porter County Chapter Intervenors' First Request for Production of Documents in which.it asks for further deferral of its response regarding contracts under which General Electric is to supply the nuclear steam supply system and turbine generator for Bailly. The sole ground for that request is that General Electric is filing a motion for protective order.

4. NIPSCO's request in its October 14, 1980 Supplemental Response. for a further deferral of its response to Porter County Chapter Intervenors' request for the General Electric contracts should be denied. NIPSCO has had ample opportunity to raise any grounds it may have for non-production. The time for NIPSCO's response has passed and it has failed to object or move for a protective order. It should therefore be precluded from later raising any objection to the production of the documents. It would be unfair to permit NIPSCO to wait until after General Electric's motion is denied to assert additional grounds for non-production.

5. As demonstrated in Porter County Chapter Intervenors' Partial Answer in Opposition to Motion for Protective Order, being filed today, the first two alternatives sought in General Electric's l

motion for a protective order are without merit and should be denied.

After Porter County Chapter Intervenors have had the opportunity i to gather the relevant evidence, we fully expect to show that I

l the third alternative is equally without merit. At that point, j since no othsr grounds for non-production of the NIPSCO-GE l contracts have been asserted, they should be ordered to be produced.

However, this motion is being filed at this time in order to comply with tn.3 time requirements cf 10 CFR S$2.740(f).

1 CONCLUSION l 4

For the foregoing reasons, NIPSCO's request for further I deferral should be denied and it should be orcered to produce for inspection and copying its contracts with General Electric Company under which General Electric is to supply the nuclear steam supply system and turbine generator for Bailly.

DATED: October 24, 1980 Respectfully submitted, Robert J. Vollen Jane M. Whicher By: >M >-

Robert _J. Volgen' Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 N. Dearborn Suite 1300 Chicago, IL 60602 (312) 641-5570

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