ML20002E060
| ML20002E060 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 01/19/1981 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | PORTER COUNTY CHAPTER INTERVENORS |
| Shared Package | |
| ML20002E058 | List: |
| References | |
| ISSUANCES-CPA, NUDOCS 8101260224 | |
| Download: ML20002E060 (5) | |
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UNITED STATES OF AMERICA
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g NUCLEAR REGULATORY COMMISSION
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ATOMIC SAFETY AND LICENSING BOARD z.!,llWca lf/
3efore Administrative Judges :
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9 Herbert Grossman, Chairman
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Glenn O. Bright Richard F. Cole In the Matter of
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Docket No. 50-367 CPA 2
NORTHERN INDIANA PUBLIC SERVICE
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COMPANY
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(Construction Permit Extension)
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(Bailly Generating Station,
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Nuclear 1)
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January 19,.1981 MEMORANDUM'AND ORDER
~(Restricting Location for Deposition)
MEMORANDUM
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On Octobet 17, 1980, the Porter County Chapter Intervenors(PCCI) moved to compel the taking of the deposition of M. David Lynch, the N.R.C. Staff Proj ect Manager -for Bailly, at the offices of counsel for PCCI in Chicago, Illinois "on a date to be mutually agreed upon or ordered by the Board."
The Staff (Response to PCCI Motion and Motion for Protective Order, 11/6/80) opposes the taking of the deposition in the Chicago area, offers the Staff offices in Bethesda, Maryland for such deposition, and moves for the entry of a protective order specifying that the deposition of Mr. Lynch be held in Bethesda unless and until Mr. Lynch otherwise plans to be in the Chicago area under circumstances which would permit his deposition there.
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Among other reasons given by 3taff for its requests is Mr. Lynch's desire to remain with his terminally ill mother during har last few days.
We find it highly unusual that a matter of such delicacy should i
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come before the Board for resolution. FCCI appear to agree that an order compelling Mr. Lynch's presence in Chicago under these cir-cuestances would be insensitive and respond (PCCI Response to Staff Motion for Protective Order, Nov. 19, 1980) that "Mr. Lynch 5.s l
desposition should not be taken at all, either in Chicago or Bethesda or any other place, while he is under the strain of his f
mother's illness."
PCCI conclude that the " equities of this situation" require that the Staff Motion for a Protective Order j
be denied and that "Mr. Lynch's deposition, when taken, should be j
taken in Chicago."
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PCCI' pleadings fail to disclose any clear-cut course of action urged upon the Board.
No " mutually agreed upon" date or any other date certain has been suggested to the Board for ordering Mr. Lynch's deposition in Chicago and, under the circumstances of
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his mother's illness, we would be loathe to offer one.
What intervenors appear to seek is not an order compelling discovery t
but a statement of principle by the Board that under changed cir-cumstances the Board would be amenable to compelling Mr. Lynch's presence in Chicago for deposition.
We decline to speculate upon t
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. the future, including the assumption that any disagreements would exist between the parties under changed circumstances, and there-fore act upon PCCI' motion as one seeking to compel the presence of Mr. Lynch in Chicago at this time.
As a general
'21e, depositions of non-plaintiffs are taken at the deponent's place of residence or principal place of business, although the courts (or licensing boards) may compel otherwise, at their discretion, because of unusual inconvenience.
- See, e.g.,
Salter v. Upjohn Co., 593 F2d. 6'49, 651 (5 Cir., 1979);
4 Moore's Federal Practice 1 26.70 (2d Ed., 1979).
Under present circumstances, which require Mr. Lynch to remain near his mother, departing from the general rule would create more inconvenience I
than it would cure.
We must therefore deny PCCI' request.
ORDER Upon consideration of the matters contained in PCCI' Motion Concerning Deposition of M. David Lynch, the N.R.C. Staff Response and Motion for Protective Order, and PCCI' Response to Staff Motion for Protective Order, it is this 19th day of January, 1981 ORDERED l
That PCCI' Motion to Compel the Taking of Mr. Lynch's Deposi-tion in Chicago is denied; and That, pursuant to 10 C.F.R. $ 2.740(c)(2), any deposition to
4-be taken of Mr. Lynch in the inanediate future be restricted to the N. R. C. Staff offices in Bethesda, Maryland or other convenient location in the Washington, D. C. metropolitan area preferred by the intervenors, unless Mr. Lynch is going to be otherwise present in Chicago under circumstances that the Staff and PCCI mutually agree would permit the taking of his deposition.
FOR THE ATOMIC SAFETY AND LICENSING BOARD ADMINI5IRATIVE JUDGE e
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UNITED STATES OF AXEFlCA NUCLEAR REGULATORY COMMISSION In the Matter of
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NORTHERN INDIANA PUBLIC SERVICE COMPANY ))
Docket No. (s) 50-367 (Bailly Generating Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document (s)W each person designated on the official service list compiled by the Office upon of the Secretary of the Co= mission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated at k',ashington, D.C. this day of hdk 198/.
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Office /of the Secreta'ry of the Cocuc%sion g
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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NORTHERN INDIANA PUBLIC SERVICE
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Dceket No. (s) 50-367 COMPANY
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(Bailly Generating Station, Unit 1
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SERVICE LIST Herbett Grossman, Esq., Chairman Jack R.
Newman, Esq.
Atomic Safety and Licensing Board New=an, Reis, Axelrad & Toll U.S.
Nuclear Regulatory Commission 1925 Connecticut Avenue, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 Dr. Richard F.
Cole Mr. John van Vranken, Chief Atomic Safety and Licensing Board Environmental Control Division U.S.
Nuclear Regulatory Commission Northern Region Washington, D.C.
20555 188 West Randolph Street, Suite 2315 Chicago, Illinois 60601 Mr. Glenn O.
Bright Atomic Safety and Licensing Board Mr. ihe 01s z an ski, Chairman U.S.
Nuclear Regulatory Commission Environmental Co=mittee Local i910 Uashington, D.C.
20555 United Steelworkers of America 3703 Euclid Avenue Counsel for NRC Staff East Chicago, Indiana 46312 Office of the Executive. Legal Director U.S.
Nuclear Regulatory Commission Eduard 4.
- Osann, Jr.,
Esq.
Uashington, D.C.
20555 One I3M Plaza, Suite 4600 Northern Indiana Public Service Co.
ATTN:
Mr.
H.P.
Lyle
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Robert J.
Vollen. Esq.
Vice President - Electric c/o 3pI Production & En,a,1c e e rin g igg,; orth Dearborn Street 5265 Hohman Avenue Suite 1300 Ham =ond, Indiana 46325 Chicare, Illinois 60602 William H.
Eichhorn, Esq.
Robert L.
Graham, Esq.
Eichhorn, Eichhorn and Link One I3M Plaza, 44th Floor 5243 Hohman Avenue Chicago, Illinois 60611 Haccond, Indiana 46325 l
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Board and parties - continued 50-367 Richard L.
Robbins, Esq.
Lake Michigan Federation 53 West Jackson Boulevard Chicago, Illinois 60604 Diane B.
Cohn, Esq.
William B.
Schultz, Esq.
2000 P Street, N W.,', Suite 700 Washington, D.C.
20036 Stephen Laudig, Esq.
21010 Cumberland Road Noblesv111e, Indiana 46060 Kevin P. Gallen, Esq.
George L. Edgar, Esq.
Morgan, Lewis & Bockius 1800 M Street, N.W.
, Suite 700 Washington, D.C.
20036 Mr. & Mrs. George Grabowski 7413 West 136th Lane Cedar Lake, Indiana 46303 Susan Sekuler, Esq.
Assistant Attorney General 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Edward A. Firesteone, Esq.
General Electric Company 175 Curtner Avenue - M/C 823 San Jose, California 95125
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