ML19340C317

Response to Porter County Chapter 801024 Motion for Order Compelling Production of GE Contracts.Production Will Be Governed by ASLB Ruling on GE 801014 Motion for Protective Order.Certificate of Svc Encl

ML19340C317
Person / Time
Site:	Bailly
Issue date:	11/10/1980
From:	Shea K EICHHORN, EICHHORN & LINK, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011140498
Download: ML19340C317 (4)

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UNITED STATES OF AMERICA eg ;-9 NUCLEAR REGULATORY COMMISSION ~o *;N2 ~3 .

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BEFORE -THE ATOMIC SAFETY AND LICENGING BOAIC N ,

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In the Matter of ) Docket No. 50-367

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

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(Bailly Generating Station, ) Nove:nber 10, 1980 Nuclear-1) )

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NIPSCO'S RESPONSE TO SECONC MOTION TO COMPEL By motion dated October 24, 1980, Porter County Chapter Intervenors (PCCI) requested issuance of an order compelling production of contracts between NIPSCO and the General Electric Company (GE) under which the nuclear steam supply system and turbine generator for the Bailly facility are to be supplied.

NIPSCO hereby responds to that motion.

Appearing specially in this proceeding, GE has requested a protective order with respect to the contracts in question.

{ (Motion for Protective Order, dated October 14, 1980.) NIPSCO has requested that it be allowed to defer its further response to the discovery request regarding these contracts until such time as the Board has ruled on the GE motion. (Supplemental Response dated October 14, 1980.)

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9 PCCI's Second Motion to Compel records that it "is being filed at this time in order to comply with the time require-ments of 10 CFR SS 2.740 (f) ." (Motion, p. 3.) However, the Motion expressly acknowledges (p. Si that issuance of an order compelling production of the contracts would not occur until af ter the Board rules on the GE Motion for Protective Order.

NIPSCO's earlier request to defer its response to the dis-covery request was based on that same premise and it is not our intention to raise any grounds for non-productior in ad-dition to those cited by GE. NIPSCO recognizes that its production of the contracts will be governed by the Board's ruling (s) on GE's Motion for Protective Order and PCCI's Motion to Compel.

Respectfully submitted, LOWENSTEIN, NEW!AN, RE*l S ,

AXELRAD & TOLL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 By: .

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b Kathleen H. Shea EICHHORN, EICHHORN,

& LINK 5243 Hohman Avenue Attorneys for Northern Indiana Hammond, Indiana 46320 Public Service Company 1

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

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

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(Bailly Generating Station, ) November 10, 1980 Nuclear-1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of NIPSCO's Response to Second Motion to Compel in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery, this 10th day of November, 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 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 Washington, D.C. 20555

Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire 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 Wil wm 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 807 East Coolspring Michigan City, Indiana 46360 KATHLEEN H. SHEA Lovenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washincton, D.C. 20036 8

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