ML19350D248

Response Opposing Porter County Chapter Intervenors' Motion for Order Imposing on Util & NRC Duty to Suppl All Discovery Replies.Request Is Unnecessary & Unjustified. W/Certificate of Svc

ML19350D248
Person / Time
Site:	Bailly
Issue date:	04/06/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104140452
Download: ML19350D248 (5)

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it- r UNITED STATES OF AMERICA 2 APR 71981 ' F NUCLEAR REGULATORY COMMISSION c A L ..

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD D [

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In the Matter of ) Docket No. 50-367

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NORTHERN INDIANA PUBLIC ) (Construction Permit '

SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) Dated: April 6, 1981 Nuclear-1) )

NOR'lHERN INDIANA PUBLIC SERVICE COMPANY'S RESPONSE IN OPPOSITION TO PORTER COUNTY CHAPTER INTERVENORS'

" MOTION FOR ORDER UNDER 10 C. F. R. S 2.740 (e) (3) "

Porter County Chapter Intervenors (hereinaf ter "PCCI")

have filed a " Motion for Order Under 10 C.F.R. S 2.740 (e) (3) . "

They request "an order . . . which imposes on N1PSCO and the NRC Staff the duty to supplement all discovery responses ....

Northern Indiana Public Service Company (hereinafter "NIPSCO")

opposes the Motion which requests an unnecessary and, in present circumstances, unjustified action.

NRC regulations impose a defined duty to supplement dis-covery responses. Specifically:

(1) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to (i) the identity and location of persons having knowledge of discoverable matters, and (ii) the identity of each person expected to be called as an expert witness at the hearing, the ,.

subject matter on which he is expected to testify,4 'y fy !g%p/e and the substance of his testimony.

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(2) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (i) he knows that the response was ,

incorrect when made, or (ii) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the .

response is in substance a knowing concealment.

10 C.F.R. S 2.740 (e) (1980) .

PCCI does not suggest that either the' Staff or NIPSCO has failed to comply with the regulation. PCCI does not allege that the regulatory requirement is insufficient. Nor does PCCI define what, if any, supplementation it seeks in addition to that required by the regulation. Furthermore, PCCI's justifi-cation for its request is simply that "the operative facts are in a constant state of flux . . . .

(Motion, p. 1.) We shall not quibble with that characterization but note that the same may doubtless be said of virtually any NRC proceeding. ,

PCCI also states that ". . . by the time of the hearing, ,

discovery responses will have been made many months earlier

. . . ." Again, no basis is given for distinguishing this _

proceeding from other NRC proceedings in that respect. We note that NIPSCO has added to the documents still unreviewed by PCCI new materials generated since the October 23, 1980 date e

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on which documents were made available for inspection, a fact PCCI could have discovered by asking--or looking.

NIPSCO urges denial of the PCCI Motion.

Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By- > /ew William H. Eichhorn Attorneys for Northern Indiana.

Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W. l Washington, D.C. 20036 l

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I 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 ) (Construction Permit SERVICE COMPANY ) Extension) ,

)

(Bailly Generating Station, ) April 6, 1981 Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that copies of Northern Indiana Public Service Company's Response in Opposition to Porter County Chapter Intervenors'

" Motion for Order Under 10 C.F.R. S 2.740 (e) (3)" were served on the

~following by deposit in the United States mail, postage prepaid, on this 6th day of April, 1981:

Herbert Grossman, Esquire, Chairman Adlainistrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge -

10807 Atwell Houston, Texas 77096 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 l

Washington, D.C. 20555 l t l l

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t Steven C. 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. Mine Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 7413 W. 136th Lane _

Cedar Lake, Indiana 46303 u it \ / ~&

WILLIAM H. ~fICHf 0RN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company I