ML19340B308

Motion Urging Issuance of Order for D Lynch Deposition in Chicago,Il.No NRC Witness Appeared for 801015 Deposition. Certificate of Svc Encl.Related Correspondence

ML19340B308
Person / Time
Site:	Bailly
Issue date:	10/17/1980
From:	Osann E, Vollen R IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, OSANN, E. W., VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19340B310	List: ML19340B308
References
ISSUANCES-CP, NUDOCS 8010210776
Download: ML19340B308 (7)

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAdQ c!. k $ d[

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In the* Matter of )

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

Nuclear-1) )

PORTER COUNTY CHAPTER INTERVENOPS '

MOTION CONCERNING DEPOSITION OF M. DAVID LYNCH Porter County Chapter of the Izaak Walton League of America, Inc., Concerned Citizens Against Bailly Nuclear Site, Businessmen for the Public Interest, Inc., James E. Newman and Mildred Warner (" Porter County Chapter Intervenors"), by their attorneys, move the. Board to enter an order directing that the deposition of M. David Lynch of the NRC Staff be taken at the effices ' of Business. and Professional People for the Public Interest ,

Inc., 109 N.

Dearborn,

Suite 1300, Chicago, Illinois, on a date to be mutually agreed upon or ordered by the Board.

In support of this motion, Porter County Chapter Intervenors state as follows :

1. On September 17, 1980, Porter County Chapter Intervenors served their First Request for Designation of Witness or Witnesses Pursuant to 10 CFR 62.720(h)(2)(1), asking that the Staff designate a witness or witnesses for a deposition to be taken cot:nencing on October 15, 1980, at the ' office of one of the attorneys for Porter County Chapter Intervenors in Chicago, Illinois.

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2. In response, Richard J. Goddard, counsel for the NRC Staff, i .sent a letter dated October 7, 1980 to Robert J. Vollen, one of the attorneys for -Porter County Chapter Intervenors , a copy of which is attached hereto. The October 7, 1980 letter and telephone conver-sations between Mr. Vollen and Mr. Goddard on October 14, 1980 and Mr. Vollen and Mr. Steven C. Goldberg, another attorney for the NRC Staff, on October 15, 1980, have led counsel for Porter County Chapter Intervenors to conclude that while counsel probably will be able to agree upon a date for the deposition of Mr. Lynch, no agree-ment can be reached as to the place for the deposi tion.

No Staff witness appeared for deposition on October 15, 1980 pursuant to Porter County Chapter Intervenors Firs t Designation. Accordingly,

Porter County Chapter Intervenors move the Board to order that the deposition of.Mr. Lynch be taken in Chicago, Illinois

3. All of the persons participating in or likely to be interested in attending the deposition are located in or near Chicago, except Mr. Lynch and the NRC Staff counsel. Counsel for Porter County. Chapter Intervenors and for the State of Illinois are located l in Chicago. Counsel for NIPSCO, William H. Eichhorn, who has been present at all previous depositions in this proceeding, is located in Hammond, Indiana, less than an hour's drive from downtown Chicago.

NIPSCO, which might want one or more of its employees to attend the deposition. of Mr. Lynch, -also is located in Hammond, Indiana. George and Anna -Grabowski and Local 1010 of the United Steelworkers of America also are located in northern Indiana, near Chicago. Although J

the Grabowskis and Local 1010, neither of whom are represented by counsel in this proceeding, have not attended the depositions of NIPS,C0 fpersonnel thus far taken, they may desire to be in -

attendance ~at Staff depositions, particularly the deposition of the Project Manager on Bailly. Their' opportunity to do so obviously would be greatly enhanced if the deposition is taken in Chicago, near where they are located, rather than requiring that they travel to Bethesda, Maryland.

4 An attorney for the Staff has attended the depositions of NIPSCO personnel thus far taken in Hammond, Indiana, and we under-stand that one is planning to attend the depositions of NIPSCO personnel scheduled to be taken in Chicago. The deposition of Mr. Ly'nch can be scheduled at a time when a Staff attorney will be

-in the Chicago area for another deposition in this proceeding.

5. Accordingly, only one persan, the expenses of whom would be paid by- the United States Covernment, would have to travel specifically for Mr. Lynch's deposition if it is taken in Chicago, as compared to all of those who would or might be required to undertake the travel expense if Mr. Lynch's deposition is taken in 1

Bethesda.

6. As indicated in the =emoranda from Mr. Lynch dated May 12, 1978 ~ and April 2, 1980, copies of which are attached hereto, on at_least two occasions, representatives of the NRC Staff, including .

Mr. Lynch, Staff counsel and a number of other persons , have come

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to Chicago for meetings concerning aspects of the Bailly plant.

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While we do nce know whether those meetings were held in Chicago

.for the convenience of NIPSCO or its contractors, or to reduce travel . expenses of NIPSCO or its contractors, or for some .other reason, the fact is that the NRC Staff has previously incurred the travel expenses of brineinn a substantial number of persons, including Mr. Lynch, to Chicago for meetings concerning the Bailly plant. No valid reason exists for the NRC Staff no t to be required to incur the travel expense of bringing one person to Chicago for a deposition at the request of Porter County Chapter l Intervenors.

j 7. Requiring that the deposition of Mr. Lynch be taken in i'

Sethesda will i= pose an unnecessary and inappropriate financial burden on Porter County Chapter Intervenors . The NRC is far mare able to bear the financial expense- of Mr. Lynch's traveling to Chicago chan Porter County Chapter Intervenors are to bear the i

expenses of their counsel traveling :o Bethesda. This disproportionat-financ,ial ability and the appropriateness of Commission action to 4 reduce the financial burden on Intervenors has been recognized by t

the Commission in other respects. E.g., 10 CFR 52. 712(f) , and 4

corresponding notice at 45 Fed. Reg. 49535 (July 25 1980) In addition, holding the deposition in Chicago' would be consistent with

.the Commission's. policy of holding proceedings near a proposed' i

nuclear' plant. site. See Appendix A to 10 CFR, Part 2, SI(a). '

8. .The Staff is a party-to this proceeding, pursuant to

10. CFR 52. 701(b), Mr. Lynch is the Bailly Proj cer Manager, and the Staff has designated-him as' an appropriate person to testify at 1.

a deposition,in this proceeding. Thus, unlike a case where the deposition-of _ an uninterested or uninvolved person is sought, a R

requirement thatia deeply involved employee of a party travel to 9

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r have his' deposition taken is not inappropriate.

9. Under 10 CFR 52.718 the presiding officer has broad powers to regulate the course of proceedings, including powers over discovery and other procedural matters. Porter County Chapter Intervenors submit that under all the circumstances of this proceeding an order directing that the deposition of Mr. Lynch be taken in Chicago, Illinois is . just and appropriate.

DATED: October 17, 1980 Respectfully submitted, Robert J. Vollen Jane M. Whicher ~

Edward W. Osann, Jr.

Robert L. Graham B y __ _ /

Rooert J ' Vollen Attornes!s for Porter County Chapte'r Intervenors Robert J. Vollen Jane M. Whicher 109 N. Dearborn St.

Chicago, IL 60602 (312) 641-5570

c Pt ros Edward W. Osann, Jr. /

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One IBM Plaza <3 2

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Suite 4600 - r. Md Chicago, IL 60611 C #

(312) 822-9666

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44th Floor Chicago , IL 60611 (312) 222-9350 CERTIFICATE OF SERVICE I hereby certify that I served copies of the Porter County Chapter Intervenors' Motion Concerning Deposition of M. David Lynch, dated October 17, 1980, on all persons on the attached Service List, by causing them to be deposited in the U. S. mail on October 17, 1980, first class postage prepaid.

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3 SERVICE LIST D ]D ]D coM e Ju.

3 Herbert Grossman, Esq., Chairman George and Anna Grabowski Atomic Safety and Licensing 7413 9 136th Lane Board Panel Cedar Lake, Indiana 46303 U.S. Nuclear Regulatcry Commission Washington, D.C. 20555 Dr. George Schultz 2 807 E. Coolsprine Rd.

Dr. Richard F.' Cole Michigan City, Ihdiana 46360 Atomic Safety and' Licensing Board Panel Richard L. Robbins, Esq.

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

Chicago, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike Olszanski Board Panel Mr. Clifford Meco U.S. Nuclear Regulatory Commission Local 1010 Washington, D.C. 20555 United Steelworkers' of America 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 C.onnecticut Ave., N.W. Legal Director Washington, D.C. 20036 U.S. Nuclear Regulatory-Commissic Washinr,t on , D.C. 20535 Wil'liam H. Eichhorn , Esq .

- Eichhorn, Eichhorn & Link Susan Sekuler. Esq.

5243 Hohman Avenue, Assistant Attorney General Hammond. Indiara- 46320 John Van Vranken, Esq.

Environmental Control Di ision Diane B. Cohn, Esq. 188 W. Randolph S t. - Su_te 2315 William P. Schultz, Esq. Chicago, IL 60601 Suite.700 2000 P Street, N. W. Docketing and Service Section Washington, D.C. 20555 office of the Secretary U. S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Pane'l Washington, D.C.

U S. Nuclear Regulatory Conraission Washington, D.C. 20555 Stephen Laudig, Esq.

Atomic Safety and Licensing _  ! es e '

4 b60 Appeal Bocrd Panel U.S. Nuclear ~ Regulatory Cc= mission Washington , . D. C. 20555

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Robert J. Vollen, Esq. \' N ~'fe N"'

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o th Dearborn Street Chicago, Illinois 60602 In the Matter of NORTHERN INDIANA PUBLIC SERVICE COMPANY (Bailly Generating Station, Nuclear-1)

Docket No. 50-367 (Construction Permit Extension)

Dear Mr. Vollen:

This letter is in respc se to the Porter County Chapter Intervenors' (PCCI) request for the designation of witnesses for deposition, dated September 17, 1930, and recuest for the production of NRC Staff documents, dated Septem-ber 13, 1980, filed in the cactioned proceedino.

Pursuant to the former recuest, the Staff will make Nr. 'i. David Lynch, the Bailly project manaaer, available for deposition on October 30 or 31,19S0, or sone other mutually convenient date, at the NRC Staff offices located at 7735 Old Georgetown Road, Bethesda, Maryland. I can provide the name(s) of a local court reporter for your retention if needed. Mr. Lynch has been pro-ject manacer on Bailly since 1973. No other Staff witnesses have been desig-nated to date. "r. Lynch will be creoared to address the matters advanced ir ne deposition recuest with the exceotion of those involving PCCI proposed Contention 3 (pile installation) which is not at issue in this proceeding.

With recard to PCCI's dccunent reauest, the Staff has begun the comoilation of the affected documents. They can be made available to you for inspection and copying at a mutually convenient time and place or copies of such docu-nents can be forwarded to you as they are assembled. The Staff objects to portions of the reouest which will be specified at a later date.

Because of the volume of material on tne Bailly docket, the Staff is uncer-tain whether all of the affected documents can be assembled by October 14, 1980 as recuested. The Staff will exercise its best efforts to compile these documents in a timely manner.

Sincerely, d

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Richard J. G'oddard Counsel for NRC Staff

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cc: Herbert Grossman, Esq.

Dr. Richard F. Cole Mr. Glenn O. Bright Kathleen H. Shea, Esq.

Edward W. Osann, Jr., Esq.

Robert L. Graham,.Esq.

George and Anna Grabowski Jchn Van Vranken, Esq.

Mr.-Clifford Mezo William H. Eichhorn, Esq.

Atomic Safety and Licensing

. Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section a

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