ML19346A124

Refiled Second Set of Interrogatories Directed to Intervenor M Warner.Related Correspondence

ML19346A124
Person / Time
Site:	Bailly
Issue date:	05/29/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Warner M AFFILIATION NOT ASSIGNED
References
NUDOCS 8106050187
Download: ML19346A124 (15)

Text

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION i

UN 11981 1

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f),

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-In the Matter of

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Docket No. 50-367

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NORTHERN INDIANA PUBLIC

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(Construction. Permit 4

- SERVICE COMPANY

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Extension)

(Bailly Generating Station,

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April 23, 1981 h

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Refiled May 29, 19 j

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NORTHERN INDIANA PUBLIC SERVICE COMPANY'S

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SECOND SET OF INTERROGATORIES-TO s

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(toD MILDRED WARNER

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To eliminate any possible confusion which may have arisen an a result of Northern Indiana Public Service Company's (NIPSCO) service of interrogatories on Porter County Chapter In'tervenors rather than the three organizations and two individuals which make up that group of intervenors, NIPSCO is again propounding its Second Set of Interrogatories to each organization and i

individual included in the group of intervenors known as "PCCI."

NIPSCO hereby again serves its Second Set of Interrogatories

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to Mildred Warner (hereinafter " Warner"), pursuant to 10 C.F.R.

Each interrogatory is to.be answered fully in writing, 8

S 2.740b.

under oath or affirmation, by Warner and is to include D5o3 all pertinent information known to Warner.

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. Each answer should clearly indicate the interrogatory to which it is intended to be responsive.

Under NRC regulations (10 C.F.R. 5 2.740 (e)) parties are required to supplement responses to interrogatories under cer-i tain circumstances when new and/or different information becomes available.

In responding to these interrogatories, please include all information available to agents, employees, attorneys, investigators, 4

and all other persons directly or indirectly subject in any way to the control of the person or organization to which these inter-rogatories are directed.

" Documents" means all written or recorded material of any kind or character known to Warner or in her possession, custody or control, including, without limitation, letters, correspondence, telegrams, memoranda, notes, records, minutes, contracts, agree-records or notations of telephone or personal conversations

ments, inter-office communications, microfilm, bulletins, or conferences, circulars, pamphlets, studies, notices, summaries, reports, books, l

articles, treatises, teletype messages, invoices, tape recordings, l

i and work-sheets.

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When used with respect to a document, " identify" means, without limitation, to state its date, the type of document l

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3-(e.g., letter, memorandum, telegram, chart, photograph, sound reproduction, etc.), the author and addressees, the present location cnd the custodian, and a description of its contents.

When used with reapect to a person, identify" means, without limitation, to state his or her name, address, occupation, and professional qualifications.

1 If Warner cannot answer any portion of any of the Interogatories in full, af ter exercising due diligence to do so, so state, and answer to the extent possible, specifying the inability to answer the remainder and stating when Warner expects to be able to answer the unanswered portions.

NIPSCO'S INTERROGATORIES 9.

(a)

For what period of time do you contend that the Bailly site will be dewatered during the extended period of construction?

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Numbering of the following Interrogatories continues i

from NIPSCO'S First Set of Interrogatories to PCCI (April 10, 1981).

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For what period of time do you contend that the Bailly site was dewatered between May 1, 1974, and September 1,.19797 (c)

What period of dewatering of the Bailly site was assessed in connection with issuance of Construction Permit No. CPPR-104?

(d)

By what incremental period does the sum of your answers to 9 (a) and 9(b) exceed your answer to 9 (c) ?

(c)

Please provide the b,ases for your answers to 9 (a),

9 (b) and 9 (c).

10.

(a)

What' total volume of water do you contend will be removed from the Bailly site as a result of dewatering during the extended per,iod of con-struction?

(b)

What total volume of water do you contend was removed from the Bailly site as a result of de-watering between way 1, 1974, and September 1, 19797 (c)

What was the total volume of water removal from the Bailly site which was assessed in connection I

with issuance of Construction Permit No. CPPR-104?

(d)

By what incremental volume does the sum of your answers to 10 (a) and 3 0 (b) exceed your answer l

to 10(c)?

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(c)

Please provide the bases for your answers to 10(a),

10(b) and 10(c).

11.

(a)

The environmental assessment at the construction permit stage contemplates dewatering to what elevation?

(b)

For what period of time is dewatering to the elevation-specified in your answer to 11(a) contemplated?

(c)

Please provide the bases for your answer to 11(a) and 11(b).

12.

(a)

If the Bailly site is continuously dewatered to the elevation specified in your answer to 11(a),

how long after the onset of such dewatering will the groundwater levels in the Bailly site area resch equilibrium as a result of dewatering (dis-counting variations in the groundwater levels from factors other than dewatering)?

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(b)

Please' specify the depth of drawdown of the ground-water levels in the area around the Bailly site which you contend will result from continuous dewatering to the elevation specified in your 1

answer to Interrogatory 11(a) at distances of 700 feet, 1/2 mile, and 1 mile from the excavation.

l (c)

Please specify the rate of dewatering (vol/ min.)

which you contend will ocent as a result of con-tinuous dewatering to the elevation specified in your answer to Interrogatory ll(a).

13.

If the Bailly site is continuously'dewatered to the P

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elevation specified in your answer to Interrogatory 4

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h 11 (a), how long after the onset of such dewatering will the environmental impacts as a result of such dewatering reach an equilibrium (discounting' variations i

~irr environmental impacts from factors other than de-l l.

watering)?

14.

Do your answers to Interrogatory 12(a)', 12(b), 12 (c),,

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f and 13 bound the.results~which would be obtained if the Bailly site is dewatered to an olevation higher than that.specified in your answer to Interrogatory.

11 (a) ?

15.

(a)

Do you contend that an incremental environmental impact during the extended period of construction will result from i

(1) dewatering-during the incremental period i

specified in your answer to Interrogatory 9 (d) ?

I (2) dewatering of the incremental volume of water specified in your answer to Interrogatory 10 (d) ?

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(3) other causes?

If yes, please specify the j

cause[s).

I (b)

Please describe in detail the incremental environ-mental impact which will result from each of the causes specified in your answer to Interrogatory

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15(a).

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ncremental environmental impacts doncribed 16.

Are the i i rreversible in your answer to Interrogatory 15(b) in whole or part once dewatering during the extended period of construction is completed?

If your answer to Interrogatory 16 is yes, pisase specify 17.

which impacts are irreversible.

If the incremental environmental impacts described 18.

are reversib3:

in your answer to Interrogatory 15 (b) in whole or part once dewatering during the extended period of construction is completed:

in please specify which impacts are reversible (a) whole or part; impacts please specify the degree to which the (b) ar.e reversible;

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(c)" Please specify the time required to complete the reversal process for each impact.

Are you contending that dewatering of Bailly during l

19.

(a) the extended period of construction will cause dif ferent groundwater levels at distances of 700 1/2 mile, and 1 mile from the excavation l

feet, than occurred as a result of dewatering prior i

. to September 1, 19797 Are you contending that dewatering of Bailly during l

(b)

Lhe extended period of construction will cause

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gq dif ferent direction or rates of groundwater flow

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at distances of 700 feet, f.

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from [he excavation than occurred as a refu,1t,.

of dewatering prior to September 1, 1979?

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(c)

Are you contending that dewatering of Bailly during the extended period of construction will cause the groundwater at distances of 700 feet, 1/2 mile, and 1 mile from the excavation to exhibit different chemical characteristics than occurred as a result of dewatering prior.to September 1, 19797 (d)

Are you contending that dewatering of Bailly during the extended period of construction will cause the groundwater to be different in any other respects than occurred as a result of dewatering prior to September 1, 1979?

(e)

If your answer to Interroga tories 19 (a),.19 (b),

19 (c) or 19'(d) is yes, (3 )

please describe each difference, specifying, e.g.,

its magnitude, geographic extent, and

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duration;

,, 2) please describe the bases for contending

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that each difference will occur; (3) please describe the incremental environ' men'tal l

impact which will be caused by each difference.

r (f)

If your answers to Interrogatories 19 (a), 19 (b),

19 (c), and 19 (d) are no, please describe why the

.en.v.ironmental. impacts attributable to dewatering during the extended period of construction of Bailly will differ in kind'or degree from those

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impacts,: if any, which occurred as'.:ar. result of'J -

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dewatering prior to September 1, 1979.

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9 20.

(a)

Are you contending that the extra period of de-watering of Bailly (as distinct from any changes i

in the parameters of the groundwater.which will allegedly occur after September 1, 1979, as a result of dewatering during the extended period of construction) will cause an incremental environ-mental impact?

(b)

If yes, 1.

please describe the impact, i

11.

please provide the bases for your contention.

You have contended that the " additional period of con-21.

struction time [ sought) is sufficient to cause some of the rare species, particularly the ' Bog Indicator' (Indicator] plants to disappear from the dunes eco-system."M f

(a)

Please identify the " rare species" mentioned above.

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Please specify the perieds and rates of dewatering (b) of the Bailly site which are required to cause the above plants "to disappear."

(c)

Please provide the bases for your contention.

2 2... You have contended that the, Indiana Dunes National Lakeshore would be adversely affected by "a deficiency in water of water, or a surplus of water; a change

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to Petit $1on for

" Joint Intervenors' First Supplementp. 10 (Feb. 26,*1900). --

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of water flow; dilution of existing water.

(a)

Please specify the " water" to which you are re-ferring.

Please specify the aumerical values for-the para-(b) meters of the water which you are using as a re-ference in order to determine whether a deficiency, surplus, or a change in the water occurs.

Please describe the adverse effects upon.the Indiana (c) from Dunes National Lakeshore.which will result deficienciesohwater; 1.

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surpluses of water; iii.

changes in water characteristics; iv.

changes im water flow direction; changes l'n water flow rates; and v.

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dilution.

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(d)

Using the~ values specified in your answer to Inter-rogatory 22(b) as a reference, please specify l

the magnitude of change in, the following para-

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meters of'th'e groundwater of the Indiana Dunes National Lakesho.re which can occur before any

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adverse impact will result in the Indiana Dunes National' Lake' shore:

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groundwater' level;

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groundwater flow rate; iii;

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10 (Feb. 26, 1930).

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(c)

Uning the valuen specificd in your ancwcr to I.0cc-togatory 22(b) as a reference, pleanc specify the magnitude of' change in the following parameters of the groundwater in the Indiana Dunes National Lakeshore which you allege will occur as a result of dewatering during.the extended period of construction:

1.

groundwater level; 11.

groundwater flow cate; iii.

groundwater flow direction; iv.

groundwater characteristics.

(f)

Please describe the environmental impact which you allege will result from the change in items specified in Interrogatory 22(e).

(g)

Please identify all documents upon which you relied and persons whom you~ consulted in answering Inter-rogatories 22(b) through 22(f).

Please provide calculations upon whichi your answers (h) to Interrogatories 22(b) through 22(f) are based.

23.

You have contended that "had NIPSCO, and its contractors and subcontr' actors, known more about what ' they were doing, much of the delay [in construction] could not

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have occurred.".Ie...'....

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Pleas ~e identify the tasks associated with construction in of Bailly which you contend were performed.

its contractors, an incompetent manner by NIPSCO,

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. 'or 'i't's sub' contract _ ors', and which thereby resulted

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(b)

For each task identified in the' answer to Inter-rogatory 23(a):

(1)

Specify the period of delay associated with the task.

(2)

Identify the companies which are responsible for the delay associated with'the task.

(3)

Identify the individuals within the companies identified in your answer to Interrogatory 23 (b) (2) who are responsible for delay associated.

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(4)

Specify which actions associated with the

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tasks were performed in an incompetent manner.

(5)

Specify those actions which a competent person would have performed but which were not performed in connection with the. tas.k.

(6)

Specify those actions which a competent person would not have performed but which were perforned in connection with the task.

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(c)

For each individual identified in your answer to Inter.rogatory 23 (b) (3),.

(1)

Specify,the information which,he,,did not.

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Specify the ability which he did not pocuens but should have possessed in order to perform the task competently.

(d)

For each task identified in-your answer to Inter-rogatory 23 (a),.

(1)

Specify whether or not the delay is attributable.

to the need to. repeat actions which were

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initially performed-in an incompetent manner..

(2)

- Specify whether or not the delay is attributable to the failure to perform actions as quickly as a competent person would have performed the actions.

24.

With regard to each of your contentions admitted in this proceeding:

(a)

Identify each person whom you expect to call as an expert witness in respect of'each contention.

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(b)

State the subject matf.er on which the expert witness f

i is expected to testify.

(c)

State the substance of the facts and opinions

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.and summarize the ground for-each opinion.

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(d)

Identify'all documents' relied upon or" examined-by the expert witness in answering subparagraph

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identified in answering -

Identify all documents not,&r ?-?.a"!-;L-K-2 ?w '*

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above'which the' expert w P ';. ' :

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.t into evidence or to rel'y upon in,.

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' 'sup'oort of his' or her' testimony in this proceeding..

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With respect to each of your contentions admitted in,this 25.

proceeding:

(a)

Identify any person having knowledge of the facts relating to each of your contentions (other than the j

expert witnesses identified in response to Inter-rogatory 24(a)).

This-question is limited to those l

persons whom you expect to* call as witnesses other than expert witnesses ~in this proceeding, orLwith I

whom you have consulted or' expect-to consult in connection with this proceeding.

(b)

For each person who has been consulted, state when he or she was consulted and by which representa-tive of yours and summarize the substance of any facts or opinions communicated by such person to the representative of yours relating to the i

subject matter of each of your contentions.

(c)

If you expect to call any person identified in response to Interrogatory 25(a) above to testify, state the substance of his or her testimony, summarize the basis for any opinions contained in such testimony, and identify all documents which will be introduced' as evidence or relied upon by such person in support of such testimony.

Please identify all documents whicl$ you exp'ect to 26.

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other.

- - introduce in. evidence? or g....use for 'impeachmeiif'or'.7

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cross-examination purposes in. this' proceeding 7. other.

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identified'in the l.....esponses to the previ'ouse:

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Please identify the documents upon which you rely 27.

which relate to each of your contentions admitted in this proceeding, other than those documents identified-in responses to previous Interrogatories.

Respectfully submitted, EICHHORN, EICHHORN & LINK S243 Hohman Avenue Hammond, Indiana 46320 f

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fu By William H.'Eichhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C.

20036

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