ML20005A527
| ML20005A527 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 06/18/1981 |
| From: | Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106300424 | |
| Download: ML20005A527 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O.l 2 3 03] >
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
[g In the Matter of
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Docket No. 50-367 QQ
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NORTHERN INDIANA PUBLIC
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(Construction Permit
)
Extension)
Bailly Generating Station, )
Nuclear-1)
)
Dated:
June 18, 1981 MOTION FOR PROTECTIVE ORDER On June 9, 1981, " Porter County Chapter Intervenors" (PCCI) filed a Notice of Deposition of J. W. Dunn, an employee of the Northern Indiana Public Service Company (NIPSCO).
The stated date for the deposition is August 18, 1981.
4 NIPSCO filed a " Motion for Establishment of Schedule"
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in this proceeding on June 1, 1981.
NIPSCO requested that the Licensing Board set July 31 as the date for the close of discovery.
Th.e Board has not yet ruled on the Motion.
We have advised counsel for "PCCI" that at the present time NIPSCO is not prepared to schedule depositions for dates subsequent to July 31.
We also indicated our willingness to schedule the deposition for a date before July 31.
(See attached letter to Mr. Vollen dated June 18, 1981.)
On the assumption that NIPSCO's " Motion for Establish-ment of Schedule" will be granted, NIPSCO hereby requests a G
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, protective order providing that Mr. Dunn's depositio'n may not be taken on a date subsequent to July 31.
Good cause exists for such an order in that discovery has been in 4
progress for almost one year and the suggested date for Mr.
Dunn's deposition is beyond the time period requested as a limit for discovery.
No justification has been offered for further extension of the discovery period and no reason given for failure to schedule the deposition before July 31.
Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 rI!.h
.By:
c, William H..Eichhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS
& AXELRAD 1025 Connecticut Avenue, N.W.
Washington, D.C.
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CavdO C-JEmsEts EsCMamp M. SCMUMACME R pauk AAAC MASC. FREEMAN E June 18, 1981 Mr. Robert J. Vollen C/O BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Re:
In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1)
Docket No. 50-367 (Construction Permit Extension)
Dear Mr. Vollen:
I have received the Notice of Deposition of J. W. Dunn which was filed on behalf of " Porter County Chapter Intervenors" on June 9*,
19 81.
This is to advise you that I have instructed Mr. Dunn that he is not to appear on the date stated in the Notice (August 18, 1981).
As you know, NIPSCO has pending before the Licensing Board a Motion for Establishment of Schedule.
That Motion suggests inter alla that discovery be closed on July 31, 1981.
At this time, we are not prepared to schedule depositions for dates subsequent to July 31.
We urge you to suggest an earlier date within the six weeks remaining before July 31.
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Yours very truly, l
EICHHORN, EICHHORN & LINK Ih By:
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Milliam'"H.~ Eichhorn WHE/fgr
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e UNITED STr.rES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDj In the Matter of
)
Docket No. 50-367
)
NORTHERN INDIANA PUBLIC SERVICE
)
(Construction Permit COMPANY
)
Extension)
)
(Bailly Gener& ting Station,
)
June 18, 1981 Nuclear-1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Motion for Protective Order with attached letter of June 18 to Robert J. Vollen, in the above-captioned proceeding were served on the follow-ing by deposit in the United States mail, postage prepaid, this 18th 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 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 l
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, s 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 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 W::LLIAM H.
EICHHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 ltttorneys for Northern Indiana Public Service Company
.