ML20002A239
| ML20002A239 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 10/29/1980 |
| From: | Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011050409 | |
| Download: ML20002A239 (5) | |
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UNITED STATES OF AMERICA C
' '3 NUCLEAR REGULATORY COMMISSION A
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BEFORE THE ATOMIC SAFETY AND LICENSING BOAR e
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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 SERVICE COMPANY
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Extension)
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(Bailly Generating Station,
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October 29, 1980 Nuclear-1)
)
NORTHERN INDIANA PUBLIC SERVICE COMPANY'S ANSWER TO PORTER COUNTY CHAPTER INTERVENORS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS By Motion (.4ed October 14, Porter County Chapter Intervenors (PCCI) request the Board to issue an order compelling produc-tion of documents by Northern Indiana Public Service Company (NIPSCO).
NIPSCO hereby responds to that Motion.
NIPSCO's Objection Based on the Definition of "NIPSCO" This objection has become moot in view of the explanation offerec by PCCI.
(Motion, pp. 2-3.)
NIPSCO has produced all documents covered by the Request for Production which are within its own possession, custody, or control.-*/
As we understand the PCCI explanation, no other documents are sought.
NIPSCO's Objection to Documents Which " tend to prove or disprove" a Stated Assertion Similarly, it would appear that this objection may now be moot.
PCCI are apparently of the view that there is no difference
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This is subject to one exception--i.e., the GE contracts
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discussed below.
95'A3 s onoso 40'\\
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. between "related to" and " tend to prove or disprove"--i.e., that the scope of the two as applied to discovery is co-terminous.
(Motion, p. 4.)
On that basis, the discovery request has been satisfied; all documents requested have been furnished-*/ and the
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dispute if any, is a semantic one not requiring Board action.--
GE Contracts Two contracts between General Electric and NIPSCO have not been produced.
GE has separately requested a protective order with respect to them (Motion dated October 14, 1980) and NIPSCO requested permission to delay its response to the discovery request until that Motion is ruled upon.
(Supplemental Response dated October 14, 1980.)
PCCI have filed a "Second Motion to Compel Production of Documents by NIPSCO" (October 24, 1980) with
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Again, there is an exception for the GE contracts.
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It has been and is our intention to avoid discovery disputes
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to the extent feasible.
To that end, we have interpreted otherwise objectionable requests in a way which permitted us to satisfy them.
We would reiterate, however, that the requests objected to (and others, as well) are impermissibly vague and non-specific.
In other words, they do not designate with any clarity, particularity, or certainty the documents or categories of documents which are sought.
For example, note PCCI's First Request for Production of Documents request number 2 seeking "all documents which tend to prove or disprove, or upon which the assertion is based, that 'because of a variety of delays beyond NIPSCO's control, NIPSCO has been able to achieve only the equivalent of approximately 14 months of construction' as asserted in the February 7 letter. "
See 4A Moore's Federal Practice para. 34.07 (2d Ed. 1980).
I respect to the GE contracts, to which separate response will be made.
Respectfully submitted, William H.
Eichhorn EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By:
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hTilliam H.
Eidhlforn Attorneys for Northern Indiana Public Service Company l
LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-367
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NORTHERN INDIANA PUBLIC
)
(Construction Permit SERVICE COMPANY
)
Extension)
)
(Bailly Generating Station,
)
,0ctober 29, 1980 Nuclear-1)
)
CERTIFICATE OF SERVICE I hereby certify that a copy of Northern Indiana Public Service Company's Answer to Porter County Chapter Intervenors' Motion to compel aroduction of Documents was served on the following by deposit in the United States mail, postage prepaid, on this 29th day of October, 1980.
Herbert Grossman, Esquire U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Glenn O.
Bright U.S. Nuclear Regulatory Commission Washington, D.C.
~20555 Richard F. Cole US Nuclear Regulatory Commission Washington, D.C.
20555 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 Washington, D.C.
20555 Steven Goldberg, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 1
Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 109 North rearborn 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. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America 3703 Euclid Avenue East Chicago, Indiana 4o312 Diane B.
Cohn, Esquire William B.
Schultz, Esquire Suite 700 2000 P Street, NW Washington, D.C.
20036 Richard L.
Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Grabowski Ms. Anna Grabowski 7413 W.
136th Lane Cedar Lake, Indiana 46303 Dr. George Schultz 807 East Cool Spring Michigan City, Indiana 46360 k!!%
WILLIAM H.
EICHHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 T
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