ML19338E653

Response in Opposition to Porter County Chapter 800821 First Request for Production of Documents.Moves for Protective Order Re Requests 2,5,9,12,13 & 24 & Requests Re Consultants & Contractors.W/Certificate of Svc.Related Correspondence

ML19338E653
Person / Time
Site:	Bailly
Issue date:	09/26/1980
From:	Eichhorn W EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CPA, NUDOCS 8010030510
Download: ML19338E653 (5)

Text

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c3 UNITED STATES OF AMERICA  %

)

NUCLEAR REGULATORY COMMISSION -

D ~Q fC BEFORE THE ATOMIC SAFETY AND LICENSING BOAR P l

% e ,r, l In the Matter of ) Docket No. 50-367 g 4

)

NORTHERN INDIANA PUBLIC ) (Construction Permit i SERVICE COMPANY ) Extension) I

) i (Bailly Generating Station, ) September 26, 1980 l Nuclear-1) ) l i

i NORTHERN INDIANA PUBLIC SERVICE COMPANY'S RESPONSE AND OBJECTIONS TO PORTER COUNTY CHAPTER INTERVENORS' FIRST REQUEST TO NIPSCO FOR PRODUCTION OF DOCUMENTS AND MOTION FOR A PROTECTIVE ORDER l

On August 21, 1980, Porter County Chapter Intervenors filed their "First Request to NIPSCO for Production of Docu-ments" pursuant to 10 C.F.R. S 2.741. Northern Indiana Public Service Company (NIPSCO) herewith files this " Response and Objections" to that First Request and Motion for a Protec-tive Order.

As Porter County Chapter Intervenors requested, the documents described in each category specified will be pro-duced for. inspec. tion and copying on Septembar 26, 1980, l

except as hereinafter objected to. / Pursua.it to agreement with counsel for Porter County Chapter Intervenors, Mr. Vollen, j l

the documents vill be produced at Mr. Vollen's office at  !

1

• / Counsel for Porter County Chapter Intervenors has agreed that NIPSCO may defer its response to request i

number 6 until October 3, 1980, insofar as that request  ;

pertains to any contract, subcontract or agreement l between NIPSCO and General Electric Company. ]

D 96 '

& 'Y 8010030 b

109 North

Dearborn Street,

Chicago, Illinois except for documents pertaining to piles which will be produced for inspection at the NIPSCO Offices at 5265 Hohman Avenue, Hammond, Indiana.

General Objection NIPSCO objects to that portion of the definition of "NIPSCO" used by Porter County Chapter Intervenors on page 2 which would include NIPSCO's " consultants, contractors or sub contractors." Use of that definition with respect to the Request for Production would require NIPSCO to search records of consultants, contractors and subcontractors which have offices located in various parts of the country. For example, General Electric -- the manufacturer of the BWR '

Mark II NSSS -- has its offices in San Jose, California.

The requirement that NIPSCO produce documents under the control of these crosanies and organizations is objection-able for two reasons. First, NIPSCO has no control over l l

these organizations and cannot demand their participaifon <

in the requested document search. Secondly, even if NIPSCO could demand the cooperation of such organizations, compliance with the request would require that NIPSCO personnel travel great distances to search records of its consultants contractors and subcontractors to discover documents which may be called for in the Request for Production. In this respect the Request for Production places an undue burden upon NIPSCO which is neither contemplated nor permitted under the Commis-sion's regulations.

l 1

l l

Specific objections NIPSCO objects to requests numbered 2, 5, 9, 12, 13, 24 to the extent that they seek documents "which tend to prove or disprove" the alleged assertions or conclusions.

The requests call for legal conclusions. As such, they l call for the mental impressions, conclusions, opinions, and legal theories of NIPSCO's attorneys. Moreover, the vagueness of such request imposes an undue burden on NIPSCO.

NIPSCO is nevertheless responding to these requests by pro-ducing documencs which are related to the specified assertions  ;

i and conclusions.

Motion for Protective Order i l

Pursuant to 10 C.F.R. S 2.740(c), NIPSCO requests the  !

Board issue a protective order with respect to Porter County Chapter Intervenors' Request dated August 21, 1980, which )

relieves NIPSCO of any obligations to produce documents (a) from the files of NIPSCO consultants, contractors or subcontractors or (b) "which tend to prove or disprove" the certain assertions or conclusions stated in requests num-bered 2, 5, 9, 12, 13, and 24.

Respectfully submitted, William H. Eichhorn EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By:

William H. Eichhorn Attornevs for Northern Indiana LOWENSTEIN, NEWMAN, REIS, Public Service Company AXELRAD & TOLL l 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 l

1 .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

)

(Bailly Generating Station, ) September 26, 1980 Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that a copy of Northern Indiana Public Service Company's Response and Objections to Porter County Chapter Intervenors' First Request to NIPSCO for Production of Documents and Motion for a Protective Order was served on the following by deposit in the United States mail, postage prepaid, on this 26th day of September, 1980.

Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission Washington, D.C. 20555  ;

Glenn O. Bright U.S. Nuclear Regulatory Commission  :

Washington, D.C. 20555 l l

Richard F. Cole U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive' Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Steven Goldberg, Esquire Office of the Executive Legal Director  !

U.S. Nuclear Regulatory Commission  !

I Washington, D.C. 20555 l

l l

Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street j Suite 2315 <

Chicago, Illinois 60601 l Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 l Chicago, Illinois 60602 l

Edward W. Osann, Jr., Esquire l One IBM Plaza Suite 4600  ;

Chicago, Illinois 60611 l Robert L. Graham, Esquire l One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo ,

United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Diane B. Cohn, Esquire William B. Schultz, Esquire Suite 700 2000 P Street, NW Washington, D.C. 20036 Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane Cedar Lake, Indiana 46303 Dr. George Schultz 110 California Michigan City, Indiana 46360 l

GLLIAM H. EICHHORN M

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

.,