ML19339C052

Reply in Opposition to Util 801029 Response Re Intervenors' Motion to Compel Production of Documents.Util Misstated Intervenors' Position Re Propriety of Documents Tending to Prove or Disprove Assertion.Certificate of Svc Encl

ML19339C052
Person / Time
Site:	Bailly
Issue date:	11/07/1980
From:	Vollen R, Whicher J IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19339C041	List: ML19339C040 ML19339C052
References
NUDOCS 8011170272
Download: ML19339C052 (5)

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.. 'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gre Cn D In'the Matter of )

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NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Bailly Generating Station, ) Extension)

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REPLY TO NORTHERN INDIANA PUBLIC SERVICE COMPANY'S ANSWER TO PORTER COUNTY CHAPTER INTERVENORS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS Porter County Chapter Intervenors, by their attorneys, hereby reply to Northern Indiana Public Service Compccy's Answer to Porter Coung Chapter Intervenors ' Motion to Compel Production of Documents, filed on October 29, 1980.

Porter County Chapter Intervenors, on August 21, 1980, filed their First Request to NIPSCO for Production of Documents.

On September 26, 1980, NIPSCO responded by producing some documents ,

objecting to the production of others , and moving the Board for a protective order. On October 14, 1980, Porter County Chapter Intervenors responded to NIPSCO's motion for protective order and moved the Board for an order compelling production of all requested documents. On October 29, 1980, NIPSCO responded to our motion with its Answer to Porter County Chapter Intervenors' Motion to Compel Production of Documents ("NIPSCO Answer"). This last document contains misstatements concerning Porter County Chapter Intervenors' position on the issues raised in these

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pleadings, and for that reason we submit this Reply. ,

Preliminarily, NIPSCO, in its Answer at p. 1, states that it has produced all documents (except contracts with General Electric Company) which are within its possession, custody and control. In light of this fact, it appears that NIPSCO has withdrawn its objection to that portion of Port'er County Chapter Intervenors ' document request.

NIPSCO has misstated Porter County Chapter Intervenors' position regarding-the propriety of those documents which " tend to prove or disprove" a stated assertion. NIPSCO would have the Board believe that our position is that documents which " relate to"

{ an assertion are identical to documents which " tend to prove

! or disprove" an assertion. On the contrary, Porter County Chapter Intervenors' Motion, at p. 4, clearly states that the two processes I are similar because each requires the forming of a conclusion.

j Since NIPSCO has not objected to forming conclusions regarding 4

which documents " relate to" an assertion, it cannot obj ect to forming conclusions regarding which documents " tend to prove or disprove" an assertion. At no time have Porter County Chapter i

NIPSCO, in another pleading, has interpreted this phrase quite differently from the interpretation in its Answer. See Response and Objections to Porter County Chapter Intervenors' Tecond Request to NIPSCO for Production of Documents and Motion for Protective Order, filed on October 23, 1980, at p. 1. This mis-interpretation has been clarified by Porter County Chapter Inter-venors ' Third Motion to Compel Production of Documents by NIPSCO and Answer to NIPSCO's Motion for Protective-Order, filed November 6, 1980, at.p.4, footnote.

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Intervenors taken the' position that.there is no difference .

between the results of the two processes. Clearly, the dispute is a substantive, not merely " semantic", one.

DATED: November 7, 1980 Respectfully submitted, Robert J. Vollen Jane M. Whicher By: _- % s Q.F ,

Jane M. Whiche A Attorneys for Porter County Chapter Intervenors 1

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Robert J . Vollen Jane M. 'whicher 109 N. Dearborn St.

Chicago, IL 60602 (312) 641-5570 -

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UNITED STATES OF AMERICA $ 9,,,. ,

22'D NUCLEAR REGULATORY COMMISSION -

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o BEFORE THE ATOMIC SAFETY AND LICENSING BOARD L DW c5 s In the Matter of a >

NORTHERN INDIANA PUBLIC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Bailly Generating Station, ) Extension)

Nuclear-1) )

CERTIg1CATE OF SERVICE I hereby certify that I served copies of Motion for Leave to File Reply Brief, and Reply to Northern Indiana Public Service Company's Answer to Porter County Chapter Intervenors ' Motion to Compel Production of Documents ,

both dated November 7, 1980, upon each person named in the attached Service List, by causing same to be deposited in the U.S. mail, first class postage prepaid, this 7th day of November, 1980.

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SE.N1CE I.IST Herbert Grossman, Esq., Chairman George and Anna Grabowski

/.tomic Safety and Licensing 7413 W. 136th Lane Board Panel Cedar Lake, Indiana 46303 U.S. Nuclear Regulatory Comr.:issian Washington, D. C. 20555 Dr. George Schultz E07 E. Coolsprinc Rd.

Dr. Richard F. Cole Michigan City, i6 diana 46300 Atomic Safety and Licensing Board Panel Richard L. Robbins, Esq.

U.S. Nuclear Regulatory Cor. mission Lake Michigan Federation Washington, D.C. 20555 53 W. Jackson Blvd.

Chicago, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike 91ssanski Board Panci Mr. Clifford Meno U.S. Nuclear Regulatory Commission Local 1010 Washington, D.C. 20555 United Steelworkers of Amer: ca 3703 Euclid' Ave.

Maurice Axelrad, Esq. East Chicago, Indiana 46312 Kathleen H. Shea , -Esq .

Lowenstein, Newman, Reis, Steven C. Goldberg, Esq .

Axelrad and Toll Office of the Executive 1025 Connecticut Ave., N.W. Legal Director Washington. D.C. 20036 U.S. Nuc1 car Regulatory Commissic-Washington, D.C. 20555.

William H. Eichhorn, Esq.

Eichhorn, Eichhorn & Link Susan Sekuler, Esq.

5243 Hohman Avenue Assistant Attorney General llammond , Indiana 46320 John Van Vranken, Esq.

Environmental Control Division Diane B. Cohn, Esq. ISS W. Randolph St. - Suite 2315 William P. Schults, Esq. Chicago, IL 60601 Suite 700 2000 P S treet, N.W. Docketing and Service Section a Wash ington , D.C. 20555 Office of the Secretary U. S. Nuclear Regulatory Atomic Sa fe ty and Licens ing, Commission Board Panel Washington, D.C.

1.'. S . Nuclear Regulatory Corcis s i on .

Stephen Laudig, Esq.

. Washington, D . L. .05'5S 21010 Cumberland Rd.

Nobicaville, IN 46060 Atomic Safety and Licens ing Appeal Board Panel U.S. Nuclear Regulatory Commisaion Washington, D.C. 20555 ,-

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