ML19345H090

Request for Order Compelling Util to Answer Interrogatories 19,20(a) & 20(c).Util Answers Were Nonresponsive.Certificate of Svc Encl.Related Correspondence

ML19345H090
Person / Time
Site:	Bailly
Issue date:	04/20/1981
From:	Whicher J IZAAK WALTON LEAGUE OF AMERICA, PORTER COUNTY CHAPTER, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104300449
Download: ML19345H090 (6)

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} -.. ;- U3:480 UNITED STATES OF AMERICA h geR 2 3198I> A NUCLEAR REGULATORY COMMISSION a '

rAn:e c!the SectW BEFORE THE ATOMIC SAFETY AND LICENSING BOARD UN5f f/f A> I t 4 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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) 'h C R[N(1),Afn PORTER COUNTY CHAPTER INTERVENORS' y APR 2 g jggy" MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES TO NIPSCO ~Au.s.DID% y/ .

' /, J' Porter County Chapter Intervenors (PCCI), by their QTl \

attorneys, hereby move the Board, pursuant to 10 CFR S2.740(f)(1),

for an order compelling NIPSCO to answer interrogatories numbered 19, 20(a) and 20(c) of PCCI's First Set of Interrogatories to NIPSCO, for the reasons set forth below. For the Board's conven-ience, each Interrogatory is set Grth along with NIPSCO's

" answer" thereto:

INTERROGATORY:

"19. Please describe NIPSCO's plans for re-routing of traffic, upgrading of the present road capacity, and all other contemplated actions which it will take to account for the anticipated increase in traffic due to construction of the Bailly plant."

ANSWER:

"An estimate of the present average daily traffic patterns on the primary and secondary access roads surrounding the Bailly site is shown on the attach-ment included in response to interrogatory no. 18, titled '1978 Average Daily Traffic'. As indicated on this map, approximately 15,235 vehicles per day  %

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use that portion of U.S.12 directly west of the Bailly entrance and 10,915 vehicles per day use that portion of U.S.12 directly east of the Bailly entrance. Assuming that one-half of the Bailly N-1 construction traffic went each way on U.S.12, it would raise these figures to 15,035 and 11,715 or an increase of 5.3% and 7.3%, respectively, during the peak construction years .

The primary and secondary access roads surrounding the Bailly site and the traffic capacity in vehicles per hour for these roads are shown in the table attached to interrogatory no. 18, titled ' Routes and Capacities'. We do not expect the capacities of these roads to be exceeded during the peak construction period (except for very short periods at shift change) . One procedure which NIPSCO will consider if temporary congestion becomes a problem is to stagger change tLaes with Bethlehem Steel in order to minimize the effect of traffic. delay and congestion surrounding the Bailly site." .

NIPSCO's " answer" is non-responsive. The only portion of the " answer" which relates to the interrogatory posed is the last sentence, which describes "one procedure which NIPSCO will consider." The interrogatory requests NIPSCO's plans, but no plans are described. If NIPSCO has no plans , it should so state. NIPSCO should be ordered to answer Interrogatory 19.

INTERROGATORY:

"20. NIPSCO's 1980 Annual Report, at p. 26, states :

' A new cost estimate for the 1989 in-servicePlease date will be completed in the spring of 1981.'

give the following information for that cost l estimate:

(a) The date by which NIPSCO expects that cose estimate to be completed;"

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ANSWER:

"(a) NIPSCO expects that cost estimated to be completed in the spring of'1981."

NIPSCO's answer is non-responsive. A date by which NIPSCO

" expects" to do an act is requested, and no date is given.

NIPSCO's description "in the spring of 1981" is wholly inadequate, and so vague and imprecise as to be of no use to PCCI for follow-up discovery. NIPSCO should be ordered to specify the date requested in the Interrogatory.

INTERROGATORY:

"20 (c) For each person who is or will be participating in preparing the cost estimate and who is not an i

employee of NIPSCO, the name, j ob title, and employer of that person."

ANSWER:

"(c) Several departments of Sargent & Lundy Engineers are involved in preparation of a new cost estimate for Bailly. The names and titles of the individuals responsible for such work in,each in-volved department are:

D.L. Leone, Partner & Project Director C.W. Peterson, Proj ect Manager l

l N.F. True, Head, Estimating Division W.G. Hegener, Manager, Mechanical Department J.M. McLaughlin, Manager, Structural Department D.C. McClintock, Manager, Electrical Department" NIPSCO's answer is non-responsive. Instead of stating the name and job title of each person who is or will be participating in the cost estimate, NIPSCO has given the name and job title of those persons " responsible for such work in each involved l

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department" of Sargent. & Lundy Engineers. NIPSCO has failed to provide the information requested and it should be ordered to do so.

CONCLUSION For the reasons set forth above, NIPSCO should be ordered to provide answers to Interrogatories 19, 20(a) and 20(c) of 4

Porter County Chapter Intervenors' First Set of Interrogatories to NIPSCO.

DATED: April 20, 1981 Respectfully submitted, Robert J. Vollen Jane M. Whicher By: <= = "- -

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Jane M. Whicher Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 North Dearborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570

UNITED STATES OF AMERICA ..

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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

Station, Nuclear-1) )

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CERTIFICATE OF SERVICE I hereby certify that I served copies of the Porter County Chapter Intervenors ' Motion to Compel Answers to First Set of Interrogatories to NIPSCO on all persons on the attached: Service l

List, by causing them to be deposited in the U.S. mail, first class postage prepaid, on April 20, 1981.

t I Robert J. Vollen Jane M. Whicher l

By: _

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Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher .% 5 109 North

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SERVICE LIST Herbert Grossman, Esq. George & Anna ,Grabowski Administrative Judge 7413 W. 136th Lane Atomic Safety & Licensing Cedar Lake, Indiana 46303

Board Panel .

U.S. Nuclear Regulatory Dr. George Schultz Commission 807 E. Coolspring Road Washington, D.C. 20555 Michigan City, Indiana 46360 Dr. Robert L. Holton Richard L. Robbins, Esq.

Administrative Judge Lake Michigan Federation School of Oceanography 53 W. Jackson Boulevard Oregon State University Chicago, Illinois 60604 Corvallis, Oregon 97331 Mr. Mike 01szanski Mr. Clifford Mezo Local 1010 - United Steelworkers Dr. J. Venn Leeds of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East Chicago, Indiana 46312 Houston, Texas 77096 Steven C. Goldberg, Esq.

Office of the Executive Legal Director

' U.S. Nuclear Regulatory Commissiot i Maurice Axelrad, Esq. Washington, D.C. 20555' Kathleen H. Shea, Esq.

Lowenstein, Newman, Reis, Anne Rapkin, Asst'. Attorney Gener:

Axelrad and Toll John Van Vranken, Environmental 1025 Connecticut Ave., N.W.

Control Division

'Jashington, D.C. 20036 188 W. Randolph - Suite 2315 Chicago, Illinois 60601 William H. Eichhorn, Esq.

Eichhorn, Eichhorn & Link Docketing & Service Section l Office of the Secretary i . 5243 Hohman Avenue U.S. Nuclear Regulatory Commissio:

Hammond, Indiana 46320 Washington, D.C. 20555 Diane B. Cohn, Esq.

' William P. Schultz, Esq. Stephen Laudig, Esq.

Suite 700 21010.Cumberland Road 2000 P Street, N.W. Noblesville, Indiana 46060 Washington, D.C. 20036 Atomic Safety & Licensing Board Panel *

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,

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