ML20005A469
| ML20005A469 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 06/19/1981 |
| From: | Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106300368 | |
| Download: ML20005A469 (5) | |
Text
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- UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION owa c'g*$. 2 y[g BEFORE THS ATOMIC SAFETY AND LICENSING BOARD
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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
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SERVICE COMPANY
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Extension)
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(Bailly Generating Station,
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Nuclear-1)
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Date:
June 19, 198
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g NIPSCO'S ANSWER IN OPPOSITION TO D
ULi "PCCI" MOTION TO EXTEND TIME TO ikl 3 2 91981*
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FILE ANSWERS OR OBJECTIONS TO 4"NM INTERROGATORIES
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On April 23, 1981, Northern Indiana Public Service
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to 9
Company (NIPSCO) served its "Second Set of Interrogatories td Forter County Chapter Intervenors."
Under NRC regulations, responses to that Second Set were due on May 12, 1931.
In connection with answers filed to NIPSCO's "First Set of Interrogatories to Porter County Chapter Intervenors,"
counsel for the,intervenors frequently denominated " Porter County Chapter Intervenors" correctly noted that the Inter-rogatories would more properly have been directed separately to the three organizations and two individuals who have in fact been admitted to this proceeding--i.e., Porter County Chapter of the Izaak Walton League of America, Inc.; Con-cerned Citizene Against Bailly Nuclear Sit 2; Businessmen for the Public Interest, Inc.; James E. Newmara; and Mildred Warner.
To eliminate any possibility of confusion which may MP.
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nave arisen, on May 29, 1981, NIPSCO refiled the same "Second Set," this time separately directed to each of the three organizations and two individuals.
Under NRC regulations, responses to the Second Set were due June 17, 1981.
On June 15 (i.e., two days before the responses were due), counsel for " Porter County Chapter of the Izaak Walton League of America, Inc.; Concerned Citi; ens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.;
James E. Newman and Mildred Warner" filed a Motion requesting the Board to extend the time within which they may answer to and including July 8, 1981.
The justification for this re-quest is as follows:
The press of a large number of other activities, including compliance with many discovery and briefing schedules in this proceeding, will preclude ade-quate time being available for the preparation of answers and objections withf.r. this time period.
We know of no prejudice which any other party will suffer if the short extention (sic) of time sought by this motion is granted.
NIPSCO urges that the Motion be denied and intervenors Porter County Chapter of the Izaak Walron League of America, Inc.; Concerned Citizens Against Bailly Nuclear Site; Business-men for the Public Interest, Inc.; James E. Newman; and Mildred Warner ordered to respond to the "Second Set" promptly.
The Motion seeks an additional three weeks for responding to the interrogatories which were served on counsel on e
April 23, 1981.
NRC regulations establish the period of fourteen days for responding to interrogatories; if the Motion is granted, the intervanors will have had a
?tal of seventy-six days to respond to the questio.
There may be reasons which could justify that period to respond to interrogatories; none has been identified here.
As for " pre]udice," NIPSCO is prejudiced when unwar -
ranted delay prevents orderly progress in this proceeding to consider extension of the Bailly construction permit.
Furthermore, in our view, the NRC's regulatory process is prejudiced when parties are permitted to abuse it.
Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Ind.iana 46320 By:
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William H.
fichhorn Attorneys for Northern Indiana Public service Company i
LOT.'ENSTEIN, NEWMAN, REIS
& AXELRAD 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036
]
s-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 SERVICE
)
(Construction Permit COMPANY
)
Extension)
)
(Bailly Generating Station,
)
i Nuclear-1)
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June 19, 1981
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CERTIFICATE OF SERVICE I hereby certify that copies of NIP!;CO'S Answer In Opposition to "PCCI" Motion To Extend Time To File Answers Or Objections To Interrogatories were served on the follow-ing by daposit in the United States mail, postage prepaid, this 19th day of June, 1981.
Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregea 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
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Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen H. Lewis, 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 e Mr. Mike 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 6b k
Kat'hleen H. Shea LOWENSTEIN, NEWMAN, REIS
& AXELRAD j
1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 l
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