ML20005B414

Ack Receipt of 810625 Ltr Responding to Intervenor 810529 Second Request for Production of Documents.Objections to Request & Clarification Requested.Related Correspondence

ML20005B414
Person / Time
Site:	Bailly
Issue date:	06/29/1981
From:	Vollen R BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES, PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Hodgden A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
NUDOCS 8107080198
Download: ML20005B414 (2)

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' .y,hQ BPI Business and Professional People for the Public Interest

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4 109 North Dearborn Street. Suite 1300 -

Chicago, Illinois 60602

• Telephone:(312) 64 >

tt-f1.n es v June 29, 1981 \

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• i Ms. Ann P. Hodgden Office of the Executive Legal Director

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U.S. Nuclear Regulatory Commission Washington, D.C. 20555

\h h y Rei In the Matter of Northern Indiana Public  !

Service Company (Bailly Generating Station, Nuclear-1) Docket No. 50-367 (Construction Permit Extension)

Dear Ann:

We have received your letter of June 25, 1981, which s tates that it is in response to PCCI's Second Request to the NRC for Production of Documents , filed on May 19, 1981. There are sever-al aspects of your letter which are unclear.

Your-letter, although in the nature of the response whic -

is required by 10 CFR 52.741(b) to a request for production documents, does not meet the criteria of the regulation i sbf@ I #' /,D, l least two specific aspects. The regulation requires: '

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d The response shall state, with respect to each item or category, that inspec-tion ... will be permitted as requested h4 p 0 9- kj:[

unless the request is obj ected to , in v D/

which case the reasons for objection shall be stated.

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First, your letter does not state, with respect to each category of documents requested, whether the documents are in fact being produced.

• It is not possible to ascertain from D503 your letter wheth er you have produced all documents falling I within the request and, if not, whether you will produce at

! some future date those not enclosed with your letter. /O

• We realize that you are holding in abeyance your response to paragraphs 4 through 9 of our Request, which are dependent on your answers to PCCI's First Set of Interrogatories to the NRC Staff which was also filed on May 19, 1981.

l ~l i Directors James W Ashier Honald Grryensh+ Eugene Pehoa Staff Jc,Pn C Bachfran Martin Hausman Aon Stevens Aleno.ter Pewhort W B L,*m y Juhan Berman Florence He<per Nupn S Hasm Adesander Pnhkeff Esecufeve Detecto, AfforneF. Ibe Cecel C Botier Peter Hunt Hooseng Agenda George Cohan Jeectny V, art >urg Hesa

! Duca d Dann L Laverne Jor es Jees A Stiapero R bert J V en Osanne L Sauffer Alan San : Leon V Desores Arnold 8 kanter De S.mpon gencraf unse Dr / of dew @MM Dore W ;harns Luis E Dias Perw Jov.ph neuman Garca Y Far* ell is.n S.nger hgtass W Cassai, Jr.

vrce Presiaents Eiseot Lehman Ceol J Troy Mary GaHoway James Communery Devotopmeer Steve Feffe' Mathenne Lambert Hotert J V&en Ostector Rectiard P. M$ hart Leon D Finney Ehzabeth L Lassar I'e88&'e' Micnaer D Maitz Lo.s Vesterg Jane M Wb'Che' '

Staur: ton O. Flanders John L. Marught Morton Weiser an Francine G Ressman N*'CY ParateS'g"a*t Spina Sctwnn*eid He'tsert B Fried fiena O Mok ary Rv'wd VA>lf t Secretary Demard Gor *#n H)*a'd A Learner Past Presidents V.aher A N..ise h Attorney s l Gordon B. Sherman Elliot Lehman L

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Ms. Ann P Hodgden June 29, 1981 Second, your letter does not stace what, if any, objections are being made to our Request, nor the reasons for such obj ec tions .

• Your letter states that you "are nct producing uncirculated notes, because such notes are not in the Commission's possession" If you intend this to be en obj ection to the production of certain requested documents , you should clarify that objection by stating to which paragraph (s) of the Request you are objecting, what is meant by the term "uncirculated notes", and upon what ground you are obj ecting.

Because your respo se was filed on June 25, any motion to compel filed by us would be due on July 10. Accordingly, would you please answer this letter by Monday, July 6 so that your answer is received by us in time to prepare any necessary motion.

Very truly yours ,

d Robert J. Vollen One of the Attorneys for Porter County Chapter Intervenors RJV: beg cc: Service List To the extent you are obj ecting, any obj ections are of course untimely as they were due on June 23, 1981.

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