ML19346A189

Objection to Util Second Set of Interrogatories Since Propounded to Nonexistent Entity.Util Conceded Technical Deficiency by Directing Identical Interrogatories to All Those in Pcci.W/Certificate of Svc.Related Correspondence

ML19346A189
Person / Time
Site:	Bailly
Issue date:	06/01/1981
From:	Vollen R PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	NORTHERN INDIANA PUBLIC SERVICE CO.
References
NUDOCS 8106050354
Download: ML19346A189 (5)

Text

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pTED co3RESPONDENCE

[\D UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION

- ~ ~. .s \c BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g 3g, q\-

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In the Matter of ) -

NORTHERN INDIANA PUBLIC ) Docket No. 50-367 ,

4 SERVICE COMPANY ) (Construction Permit NO /c (Bailly Generating Station, ) Extension) /F ,gW '(

Nuclear-1) ) . 7 0 f'[rWl,w,U g YW I \c,V C OBJECTION TO NORTHERN INDIANA PUBLIC SERVICE COMPANY'S SECOND SET OF \'- <g INTERROCATORIES TO PORTER COUNTY CHAPTER INTERVENORS's .c i . 7 Wy of Porter County Chapter-Intervenors ("PCCI"),by their attorneys, hereby object to Northern Indiana Public Service Company's Second Set of Interrogatories to Porter County Chapter Intervenors.

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The entire set of interrogatories is objectionable and need not be answered as propounded, because NIPSCO has addressed its interrogatories to a non-existent entity. " Porter County Chapter Intervenors" and "PCCI" are the term and the initials which have 'osen used, for the purpose of brevity, to refer collectively to three organizations and two individuals, each of whom is a party to this proceeding, and are represented by the same attorneys. Other than as an expression of convenience for that limited purpose of reference, neither " Porter County ,

Chapter Intervenors" nor "PCCI" exists as e.tcities capable of answering interrogatories. For that reason NIPSCO's "Second Set of Interrogatories to Porter County Chapter Intervenors" D503 3

is misdirected.

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!8106 0 50M4 .

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2-NIPSCO's First Set of Interrogatories to Porter County.

. Chapter Intervenors was similarly misdirected. Ilowever, in an effort to avoid the necessity of the parties briefing and the Board ruling on such an obvious technical deficiency, the organizations and individuals included within the term PCCI

- nonetheless answered NIPSCO's Firs t Set of Interrogatories.

Their effort was unsuccessful. NIPSCO's response-to the' answers was to file a Motion to Compel Responses, on the ground, among others, that the parties had not answered the interrogatories.

Accordingly, since no purpose was served by PCCI waiving Its objection to the misdirection of NIPSCO's First Set of Interrogatories, PCCI will not waive its objection to the mis-direction of NIPSCO's Second Set of Interrogatories.

In our view, NIPSCO has conceded the deficiency in its Interrogatories by filing on May 29, 1981 five additional "Second Set of Interrogatories," one directed to each of the three orgar.12ations and the two individuals encompassed by the initials

'TCCI " The interrogatories in each of those five sets are identical to the interrogatories in NIPSCO's Second Set of Interrogatories to Porter County Chapter Intervenors. Because 1

NIPSCO has thus propoundid the identical interrogatories a second ties,, to which responses are due to be filed on June 17, 1981, counsel for PCCI sought the agreement of counsel for NIPSCO .

that no response was necessary to the identical, but technically

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3-deficient,Second Set of Interrogatories to Porter County Chapter Intervenors. Counsel for NIPSCO was unwilling to so agree. Hence, PCCI objects to those int.errogatories on the ground stated herein.

DATED: June 1, 1981 Robert ,i Vollen Jane M. Whicher By Robert J. Vollen Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 N. Dearborn Suite 1300 Chicago, IL 60602 (312) 641-5570 O

UNITED STATES OF AMERICA NUCLEAR REGULATORY CCl@!ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) -

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

Nuclear 1) )

CERTIFICATE OF SERVICE I hereby certify that I served copies of the Objection to Northern Indiana Public Service Company's Second Set of i

Interrogatories to Porter County Chapter Intervenors on all persons on the attached Service List by causing them.to be l

deposited in che U.S. mail, first class postage prepaid, on June 1, 1981.

Robert J. Vollen Jane M. Whicher By- " . AMI  %,

JaneM.Whidher Attorneys for Porter County Chapter Intervenors .

Robert J. Vollen Jane M. Whicher c/o BPI 109 North Dearborn Chicago, IL 60602 (312) 641-5570

A 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. Nucl' ear Regulatory Dr. G6orge 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 4

Corvallis, Oregon 97331 Mr. Mike Olszanski i Mr. Clifford Mazo Local 1010 - United Steelworkers Dr. J. Venn Leeds of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East Chicago, Indiana 46312 Houston, Texas 77096 Stephen.M. Lewis, Esq. .

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Maurice Axelrad, Esq. Washington, D.C. 20555 Kathleen H. Shea, Esq.

Lowenstein, Newman, Reis, Anne Rapkin, Asst. Attorney Genera Axelrad and Toll John Van Vranken, Envf.ronmental 1025 Connecticut Ave., N.W. Centrol Division

'Jashington, D.C. 20036

• 188 W. Randolph - Suite 2315 Chicago, Illinois 60601 William H. Eichhorn, Esq.

Eichhorn, Eichhorn & Link Docketing & Service Section (3) 5243 Hohman Avenue Office of the Secretary Hammond, Indiana 46320 U.S. Nuclear Regulatory Commission 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

Washingcon, D.C. 20036 Atomic Safety & Licensing ,

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

- Washington, D.C. 20555 l

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