ML19345B275

Response in Opposition to NRC 801106 Request for Protective Order Re MD Lynch Desposition.Deposition Should Not Be Taken During Illness of Lynch Family Member.When Taken,Deposition Should Be in Chicago,Il.Affidavit & Certificate of Svc Encl

ML19345B275
Person / Time
Site:	Bailly
Issue date:	11/19/1980
From:	Vollen R IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011280005
Download: ML19345B275 (6)

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

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j PORTER COUNTY CHAPTER INTERVENORS' RESPONSE TO NRC STAFF MOTION FOR PROTECTIVE ORDER .

53 Porter County Chapter Intervenors, by thet"r attorneys, pursuant to 10 CFR 52.730(c). hereby respond to thu NRC Staff Motion for Protective Order concerning the deposition of M. David Lynch, filed on November 6, 1980 (" Staff Motion").

The Staff Motion (p. 3) implies that Porter County Chapter Intervenors seek to take Mr. Lynch away from the area of his home at a. time of acute family concerns. The implicatien is absolutely unfounded, it is. contradicted by the facts and it is an insult .to the integrity of counsel. As stated in the attached Affidavit of Robert J. Vollen, counsel for Porter County Chapter Intervenors has made clear to counsel for the-Staff, prior to the Staff filing the instant motion and the affidavit of Mr. Lynch, our position is- that Mr. Lynch's deposition should not be taken s.t all, either in Chicago or Bethesda or any other place, while he is under the strain of his cather's_ illness. Therefore, unfortunate though the fact 4

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4 of Mr. Lynch's mother's illness is, it relates only to the timing of his deposition and is simply irrelevant to the place

where his deposition should be taken. Accordingly, for Staff counsel to attempt to use Mr. Lynch's personal misfortune for some tactical advantage,or to make counsel for Porter County Chapter Intervenors appear unsympathetic, is both improper and personally insulting.

The Staff Motion (p. 4) contains the unfounded innuendo that counsel for Porter County Chapter Intervenors may somehow be " unofficially" representing the other intervenors in this proceeding. It is a serious matter for counsel for the Staff to charge counsel for Porter County Chapter Intervenors with tepresenting other intervenors than those on whose behalf we have-filed appearances in this proceeding. If counsel for the Staff has any basis for such a charge, they should state it explicitly. If.they do not, the suggestion of such a charge should be withdrawn and an apology should be tendered.

The Staff Motion -(pp . 3, 5) also suggests that requiring the deposition of -a witness , designated by the Staff (a party to this proceeding pursuant to 10 CFR 52.701(b)), to be taken in Chicago;would be somehow inconsistent with the professional ~

responsibilities of the witness and of counsel for the Staff.

The suggestion is nonsense. Participation in this proceeding l

' is among the official duties and professional responsibilittes ,

l of the witness ' designated by the Staff and of Staff counsel.

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i Finally, the Staff Motion (pp. 4-5) makes the absurd suggestion that, on equitable grounds, Porter County Chapter Intervenors may be better able to bear the expenses of travel than the NRC. Whatever Staff counsel's notion of "run-of-the-mill" intervenors may be, in fact Porter County Chapter Intervenors have extremely limited resources. The Staff's argument concerning financial resources clearly illustrates that the underlying purpose of the Staff Motion may be less one of accomodation for Mr. Lynch and his personal and profess-ional responsibilities than one of making it as difficult as possible for Porter County Chapter Intervenors te litigate effectively in this proceeding.

All of the equities of this situation require the conclusion that Mr. Lynch's deposition, when.taken, should be taken in Chicago. '

The Staff Motion for a Protective Order should be denied.

DATED: November 19, 1980 Respectful:y submitted, Robert J. Vollen Jane M. Whicher

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Robert J.jVollen Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher -

109 N. Dearborn Chicago , IL 60602 (312) 641-5570

• The Scaff Motion-(p. 5) proposes that an order of the Board provide'that Mr. Lynch's deposition-be taken in Chicago, if' "Mr. Lynch otherwise plans to be in the Chicago area under . '

. circums tances which would . permit his . deposition there .and then ."

The suggested phrasing is so vague as to be improper. Such an-order would leavejStaff counsel and Mr. Lynch complete' freedom co' manipulate the-deposition: both could be in the Chicago area, yet Mr. _ Lynch's availability for (deposition would apparently be limited by the subjective judgment of Mr. Lynch and Staff counsel.

- Such: ene-sided control should not be permitted by the Board.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 1

In the Matter of )

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NORTHERN INDIANA PUBLIC ) Docket No. 5'0-367 SEP.VICE COMPANY ) (Construction Permit (Bailly Generating Station, ) Extension)

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AFFIDAVIT OF ROBERT J. VOLLEN i

t I, Robert J. Vollen, being duly sworn upon oath, depose and say that:

1. I am one' of the attorneys for Porter County Chapter Inte rvenors in the above-captioned proceeding. -

2.

Prior to November 6, 1980 I had at least four con :rsati, two with Steven C. Goldberg and two with Richard J. Goddard, counse' .

for the NRC Staff in this proceeding, concerning the time and place of the deposition of M. David Lynch.

3. In those conversations Mr. Goldberg and Mr. Goddard informed me that Mr. Lynch's mother was seriously ill and that was one of the reasons they did not want his deposition to be taken

, in Chicago. In each of those conversations I informed Mr. Goldberg and Mr. Goddard that I was sorry about the illness of Mr. Lynch's mother.and that I did not want to take his deposition at all, either in Chicago or Bethesda or any other place, while' he is under- the strain of his mother's serious illness.

.<. C j Robert J. Vollen

• i SUBSCRIBED and SWORN to '

before me this 19th day '

of-November, 1980. .

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i UNITED STATES dF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AtID LICENSING BOARD i .

In the Matter of )

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

Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that I served the attached Porter County Chapter Intervenors' Response to NRC Staff Motion for Protective Order and Affidavit of Robert J. Vollen, both dated November 19. 1980,- by sending copies of same to all l

persons listed on the attached Service List, and by causing same to be deposited in the U.S. mail, first-class postage prepaid, this 19th day of November, 1980.

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Attorpey

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SERVICE LIST Herbert Grossman, Esq . , Chairman George and Anna Grabowski Atomic Safety and Licensing 7413 W. 136th Lane Board Panel Cedar' Lake, Indiana 46303 U.S. "uclear Regulatory Co= mission Washington, D.C. 20555 Dr. George S chult:

807 E. Coolsorinc Dd.

Dr. Richard F. Cole Michigan City, rndiana 46360 Atomic Safety and Licensing Board Panel Richard L. Robbins, Esc.

U.S. Nuclear Regulatory Commission Lake Michigan Federation Washington, D.C. 20555

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53 W. Jackson Blvd.

Chicago, IL 60604 Mr. Glenn O. Bright Atomic Safety and Licensing Mr. Mike Olssanski Board Panel Mr. Clifford Meno U.S. Nuclear Regulatory Commission Local 1010 Washington, D.C. 20555 United Steelworkers of Anerica 3703 Euclid Ave.

F.aurice Axelrat., Esq. East Chicaco, Indiana -o C 2 Kathleen H. Shea, Esq.

Lowenstein, Newman, Reis, Steven C. Goldberg, Esc Aneirad and l'oll Office of the Executive 1025 Connecticut Ave., N.W. Legal Director Washington, D.C. 20036 U.S! Nuclear Regulatory Con =L3r,i.-

William H. Eichhorn, Esq.

Eichhorn, Eichhern & Link Susan Sekuler, Esq.

5243 Hohman Avente Assistant Attorney Generai Hammond, Indiana 46320 John Van Vranken, Esq.

Environmental Control Divisien Diane B. Cohn, Esq. 168 W. Randolph S t. - Suite 2il5 William P. Schultz, Esq. Chicago, IL 60601 Saite 700 2000 P Streat, N. W. Docketing and Service Section Washington, D.C. 20555 Office of the Secretarv U. S.-Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C.

U.S. Nuclear Regulatory Commis sion Stephen Laudig, Esq.

Washington, D.C. 205'55 Atomic Safety and Licensing esv e $i 6b60 Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 3

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