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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126M8141985-05-23023 May 1985 Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523 ML20058J0861982-08-0606 August 1982 Order Holding Intervenor Business & Prof People for Public Interest Request for Award of Atty Fees & Expenses Under Equal Access to Justice Act Until Question of Availability of Funds Solved.Nrc Will Seek Comptroller General Opinion ML20054J0811982-06-18018 June 1982 Notice of ASLB Reconstitution.H Grossman,Chairman & K Mccollom & Rl Holton,Members ML20054F9471982-06-0707 June 1982 Memorandum Supporting Business & Prof People for Public Interest Application for Award of Atty Fees & Expenses ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20053E6821982-06-0404 June 1982 Affidavit of Rj Vollen Re Costs & Legal Svcs Provided ML20053E6831982-06-0404 June 1982 Affidavit of Jm Vollen Re Costs & Legal Svcs Provided ML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6841982-06-0303 June 1982 Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010B2941981-08-12012 August 1981 Renewed Application for Subpoenas Directed to Rf Brissette, s Dobrijevic & Personnel at Sargent & Lundy,Ground/Water Technology,Inc & Dames & Moore.Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C5001981-08-11011 August 1981 Notice of Lm Bykoski & Lg Hulman 810824 & 26 Depositions, Respectively,Re Theoretical & Empirical Basis of NRC 810717 Eia & Documents,Info & Personnel Used in Preparing Eia ML20010C5071981-08-11011 August 1981 Amended 810720 Notice of MD Lynch Deposition,Including Listed Matters for Exam ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl 1985-05-23
[Table view] Category:PLEADINGS
MONTHYEARML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl ML20010C1591981-08-11011 August 1981 Third Application for Order Requiring NRC to Answer Porter County Chapter Intervenor'S Third Set of Interrogatories. Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010B3941981-08-10010 August 1981 Response in Opposition to State of Il Refusal to Produce Designated Agent for Deposition.Util Does Not Object to Rescheduling of Deposition.Certificate of Svc Encl.Related Correspondence ML20010B2961981-08-10010 August 1981 Motion to Compel NRC Answers to Porter County Chapter Intervenors' First Set of Interrogatories.Nrc Answers Re Interrogatories 8(f)(ii)(iii) & 9(d) & (F) Were Deficient. Related Correspondence ML20010B2951981-08-10010 August 1981 Second Motion to Compel Further NRC Response & Production of Documents Per Porter County Chapter Intervenors' Second Request.Nrc Should Be Ordered to Provide Definitive Response.Related Correspondence ML20010B2901981-08-10010 August 1981 Showing of General Relevance Supporting Subpoena Applications.Persons to Be Deposed Have Knowledge Directly & Immediately Relevant to Proceeding Issues.Related Correspondence ML20010B2921981-08-10010 August 1981 Motion to Extend 810930 Deadline for Taking Depositions. Compliance May Not Be Possible.Schedule Imposes Unreasonable Burden on All Parties.Related Correspondence ML20010B1321981-08-0707 August 1981 Response Opposing Porter County Chapter Intervenors' 810731 Motion for Leave to Initiate Further Discovery.No Good Cause Shown.Certificate of Svc Encl.Related Correspondence ML20010B2871981-08-0606 August 1981 Motion for Protective Order Providing That Util Requested Deposition Not Be Taken as Scheduled.Job Responsibilities Prevent H Read 810812 Deposition ML20010B3021981-08-0505 August 1981 Response in Opposition to Util 810721 Motion to Compel Answers to Second Set of Interrogatories.Motion Is Filled W/Vituperative Rhetoric,Snide Comments & Personal Attacks on Intervenors.Certificate of Svc Encl ML20009H4681981-07-31031 July 1981 Second Request for Order Requiring NRC to Answer Porter County Chapter Intervenors Second Set of Interrogatories. Answers Relate to Matters Solely within NRC Knowledge. Certificate of Svc Encl.Related Correspondence ML20009H4951981-07-31031 July 1981 Motion for Leave to Initiate Further Discovery to Follow Up on Interrogatories & Various Documents.Related Correspondence ML20009G9841981-07-30030 July 1981 Response Opposing State of Il 810713 Motion for Extension of Time.State of Il Excuses Are Insufficient & Should Not Be Allowed to Dictate Pace of Proceeding.Certificate of Svc Encl.Related Correspondence ML20009G8241981-07-27027 July 1981 Response Opposing State of Il 810713 Motion for Extension of Time.Counsel Needs to Consult W/Other Personnel to Answer Interrogatories Is Usual & Does Not Justify Delayed Responses ML20009G8301981-07-27027 July 1981 Renewed Motion for Protective Order Re Purcell Deposition & Withdrawal of Motion for Protective Order Re Dunn & Ricca Depositions.No Justification Offered for Late Deposition ML20009F2161981-07-24024 July 1981 Answer to State of Il 810717 Motion for Clarification of Order & Porter County Chapter Intervenors' 810722 Motion for Clarification or Reconsideration of Order.Aslb 810710 Order Is Not Ambiguous.No Clarification Needed ML20009F2181981-07-24024 July 1981 Renewed Motion for Protective Order Providing That Petersen,Hiple & Kulawinski Depositions May Not Be Taken on Dates Specified.No Justification Offered.Aslb Established Final Date for Depositions.Certificate of Svc Encl ML20009G8201981-07-23023 July 1981 Response Opposing Util 810708 Motion for Protective Order That Ah Petersen,Fg Hiple & Kulawinski Depositions Not Be Taken After 810731.Util Motion Seeking 810731 as Date Closing Discovery Was Denied.Certificate of Svc Encl ML20009E3051981-07-23023 July 1981 Response Opposing Porter County Chapter Intervenors' 810710 Motion for Extension of Time to File Answers or Objections to Third Set of Interrogatories.Motion Is Attempt to Delay Completion of Discovery.W/Certificate of Svc ML20009E6521981-07-22022 July 1981 Motion for Clarification or Reconsideration of 810710 Orders.Svc of Subpoenas & Notices of Deposition & Taking of Depositions Cannot Reasonably Be Accomplished by Ordered 810828 Date.Certificate of Svc Encl ML20009E0921981-07-21021 July 1981 Motion to Compel Answers to 810423 Second Sets of Interrogatories Directed to Porter County Chapter Intervenors,Concerned Citizens Against Bailly Nuclear Site & Others.Certificate of Svc Encl ML20009E2131981-07-20020 July 1981 Statement Adopting in Entirety Porter County Chapter Intervenors 810609 Application for Order Requiring O Thompson Attendance & Testimony at Deposition 1982-06-04
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '5' W..:jwe' \s///
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NORTHERN INDAANA PUBLIC ) Docket No. 50-367 -
SERVICE COMPANY ) (Construction Permit .i A (Bailly Generating Station, ) Extension) j .,q Nuclear-1)- ) 2
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"! l0 PORTER COUNTY CHAPTEPs D:TERVENORS ' RESPONSE J ds TO GENERAL ELECTR.'C'S MOTIO:: FOR 3 PROTECTIVE ORDER WITH RESPECT O NOTICE OF DEPOSITION j $
Porter County Chapter :ntervenors, by their attorneys, hereby respond to General Elec:ric Company's Motion for Protective Order With Respect to ::otice of Deposition. For
'he reasons set forth below, that motion should be denied '
and General Electric should be ordered to make Mr. O'Rorke available for his deposition in Chicago.
On October 14, 1980, GE appeared specially in this proceeding and filed a motion which, in the alternative, sought to delay discovery of certain cecuments rcquested by Porter County Chapter Intervenors from NIPSCO, sought to require that Porter County Chapter Intervenors make certain showings .
of relevancy, and sought the entry of a protective order in the form proposed by GE. In support of the third alternative in that motion, GE submitted, on October 17, 1980, the Affidavit of Eugene U. O'Rorke. Porter County Chapter Intervenors f .....
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responded to the first two alternatives by pointing out that GE lacked stand' '
to make claims concerning the relevancy of discovery and to increase the burdens on a party seeking discovery. (See Porter County Chapter Intervenors' Partial Answer to GE's Motion for Protective Order, dated October 24, 1980.1 As to the third alternative, because it was based entirely upon the unspported assertior.s made in the O'Rorke Affidavit, Porter County Chapter Intervenors determined that it was appropriate to interrogate the affiant to determine what facts existed to support GE's claim. Accordingly, we noticed
, the deposition of Mr. O'Porke on the matters contained in the- Affidavit , to take place at the office of counsel for Porter County Chapter Intervenors on November 17, 1980. GE did not produce Mr. O'Rorke as requested in the Notice and filed i the instant Motion for Protective Order With Respect to Notice of Deposition.
GE first asserts that the deposition of Mr. O'Rorke should not be taken at all. If the Board were to accept that position, it would be acquiescing in GE's effort to have its claim for protection based on an entirely one-sided record.
- GE has made broad ' assertions -concerning the proprietary nature of documents and the harm that would befall GE if they were disclosed. Fundamental fairness requires that we have the opportunity to test and contest the conclusions of the af fidavit.
An essential step _is the opportunity to depose the affian:.
Contrary to the repeated assertion by GE, there is nothing w
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unusual about taking the deposition of a persen who has signed an affidavit in support o f a mo tion , to determine whether there is factual support for the assertions in the affidavit. It is a commonplace occurrence.
GE next asserts that Mr. O'Rorke cannot be deposed pursuant to notice, but that a subpoena must be issued. GE bases that position on the fact that we have pointed out that GE is a "non-party" to this proceeding. Of course GE is a non-par.y and thus lacks standing to object to discovery on relevancy g. rounds. Equally as clear is that GE has a richt to appear pursuant to 10 CFR $ 2. 713 for purposes of protectine, itself from objectionabic discovery.*/ By so appearing, i*
has subjected itself to the duties of a party for the linite d purposes for which it appeared. Surely, just as GE has the right ta invoke the jurisdiction of this Board to seek a protective order, it has the concomitant duty to submit to the process of the Board for a determination as to whether it is entitled to that protection. GE was not forced into this prcceeding. It injected itself for the ostensible purpose of seeking protection. It must comply with the consequences of so injecting itself. Thus, the Notice is sufficient under 10 CFR 52.740a(a) to require Mr. O'Rorke's appearance.
Finally, GE asserts that Mr. O'Rorke be deposed only in San Jose, California, or rhat Porter County Chapter Intervenors
-*/ Alternatively, GE was free to let NIPSCO protect GE's interests on its behalf. See Kansas Gas and Electric Company (Wolf Creek Nuclear Generating Station), ALAB-311, 3 NRC c5, 87-89 (1076).
That SIPSCO chose not to do. Indeed, NIPSCO, which does have standing to object to discovery on relevancy grounds , han c::-
plicitly disclaimed any intentions to raise "any grounds for non-production in addition to those cited by GE." (NIPSCO's Response to Second Motion to Compel, dated November IC, 1930.)
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be required to reimburse GE for " expenses associated with" deposing Mr. O'Rorke in Chicago. (CE Motion at pp. 5-6).
5 The location of a deposition is of; course a matter for the sole discretion of the tribunal. 2,,, / Tomincas v. Dougics Aircraft Co., 45 F.R.D. 94, 97 (S.D. N.Y. 1968). Factors to be_ considered-include who is most able co bear the expenses
, of travel, and whether ' any business harm would be. suffered due to the deponent's absence. See Terry v. Modern Woodmen of America, 57 F.R.D. 141, 144 (W.D. Mo. 1972): Tomingas v.
- Douglas Aircraf t Co., supra at 97. GE has not alleged the existence of any of these factors. The burden, of course, is
! on the party or person seeking the protective order to show l>. good cause for its entry. 10 CFR S2. 740(c) ; Baker v. Standard Industries, Inc., 55 F.R.D. 173, 180 (D. P.R. 1972). No such showing has been made by GE. Indeed, it has even failed to allege that it would suffer the annoyance, embarassment, oppression.
or undue burden or expense required by 52.740(c) for;the entry-of a protective order. In point of fact, the location of all parties to this proceeding, and their counsel, either in the f
Chicago area or the Washington, D.C. area, make it obvious chat the mos t convenient, least expensive place for Mr. O'Rorke's deposition to tua taken is Chicago. Moreover, there can be no !
doubt that GE is -far better able to bear the exper.ses of travel than are Porter County Chapter Intervenors.
s.
2j. It is unclear how GE has arrived ~at its' position _that it should
~be-treated as a " corporate defendant," (GE Motion at op. 4-5),
l when, in fact, it initiated this entire dispute by seekinc, to L ' prevent. Porter-County Chapter Intervenors' access to NIPSCO's
- documents. Nevertheless, there is no special rule for treatment
- of " corporate _ defendants" an opposed to other types of parties.
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CONCLUSION Porter County Chapter Intervenors are entitled to depose Mr. O'Rorke.
The notice served is sufficient under 10 CFR $2.740a(a) to require Mr. O'Rorke to appear. GE has failed to es tablish any grounds for a protective order end,
, accordingly, !!r. O'Rorke should be required to come to Chicago for his deposition, at a date to be agreed upon by counsel, or to be ordered by the Board.
y 81IIS DATED:
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- ovember 24, 1980 e -
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Respectfullysubmitted): '
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Robert J. Vollen e r-
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Jane M. Whicher A#
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~slsd By_ .-
Robert J . ,Vo tien Attorneys' for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 N. Dearborn St.
Chicago, IL 60602 (312) 641-5570 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing Porter County Chapter Intervenors ' Response to General Electric's Motion for a Protective Order With Respect to Notice of Deposition, dated' November 24, 1980, by sending copies of same to all persons listed on the attached Service List, and
'by causing same to be deposited in the U.S .. mail, first-class postage prepaid, this 24th day of November, 1980, t
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Attorney
SERVICE LIST Herbert Grossman, Esq . Chair: nan George and Anna Grabcu Atomic Safety- and Licensing 7413 W. 136th Lane Board Panel Cedar Lake, Indiana
.U.S. Nuclear Regulatory Commi ss ion I.6293 Washington, D.C. 20555 Dr. George Schult:
i Dr. Richard F. Cole 807 E. Coolsprir, Rd Michigan City , [ndia.na 43a>
Atomic . Safety and Licensing Board Panel Richard L. Robbins, Esq.
U.S . Nuclear Regulatory Commiss ion Lake Michigan Federation Washington, D.C. 20555 53 W. Jackson Blvd.
Mr. Glenn C. Bright Chicago, IL 60604 Atomic Safety and Licensing Mr. Mike Olstanski Board Panel Mr. Clifford Meno U.S. Nucicar Regulatory Commissine Local 1010 Washington, D.C. 20555 United S-:eelworkers of Ar. erica Maurice Axelrad, Esq. 3703 Euclid Ave.
East Chicano, Indiana 4 6 3 .' .:
Kathleen H. Shea, Esq.
Lavenstein, Newman, Reis, Steven C. Goldberg, E.cq.
Axelrad and Toll Office of the Executive 1025 Connecticut Ave., N>U.
Legal Director
, Jar.hington , D. C. 20036 U.S. Nuclear Regulatorv Car. irs .
Washington, D.C. 20532
'Jillia= H. Eichhorn, Esq.
Eichhorn, Eichhorn & Link i
5243 Hohman Avenue Suian Sekuler, Esq.
Hammond, Indiana 46320 Assistant Attorne John Van Vranken,yEsq.
General Diane B. Cohn, Esq. Environmental Control Division William P. Schultz, Esq. 188 W. Randolph St. - Suite 2315 Suite 700 Chicago , IL 60601 2000 P Street, N. W. Docketing and Service Section Washington, D.C. 20555 office of the Secretary U. S . Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C.
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen Laudig, Esq.
21010 Cumberland Rd.
Atomic Safety and Licensing Noblesville. IN 46060 Appeal Board Panel
' U.S. Nuclear Regulatory Commiss ion George L. Edgar Wachington, D.C. 20555 Kevin P. Gallen c.dward A. Firestone, Esq. Morgan, Lewis & Bockius Gencral Electric Company Suite 700 175 Curtner Ave. M/C 823 1800 M St., N.W.
San Jose,'CA .95125 Washington, DC 20036
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