ML20008G207
| ML20008G207 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 06/25/1981 |
| From: | Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20008G205 | List: |
| References | |
| NUDOCS 8107020447 | |
| Download: ML20008G207 (4) | |
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8 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,
)
June 25, 1981 Nuclear-1)
)
Motion for Protective Order On June 18, 1981, " Porter County Chapter Intervcnors" (PCCI) filed a Notice of Depositions of Harold Ricca and
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James F.
Purcell, employees of the Northern Indiana Public Service Company (NIPSCO).
The stated dates for the depo-sitions are August 25 and September 1, 1981.
NIPSCO has filed a " Motion for Establishment of Schedule" in this proceeding, which requests that the Licensing Board set July 31 as the date for the cl.ose of discovery.
Illinois and "PCCI" oppose the Motion and the Board has not yet ruled on it.
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 25, 1981.)
On the assumption that NIPSCO's " Motion for Establishment of Schedule" will be granted, NIPSCO hereby requests a protective order providing that the requested depositions of Messrs. Ricca and Purcell may not be taken on a date subsequent to July 31.
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i Good cause exists for such an order in that discovery has been in progress for almost one year and the suggested dates are beyond the time period requested as a limit for discovery.
"PCCI's" argument for continued discovery is insubstantial:
"There is substantial prehearing discovery and other activity, some already initiated and some not, on those matters presently part of this proceeding, which are far from being completed."
(Answer to NIPSCO's Motion for Establishment of Schedule, p.
1
[ June 16, 19813.)
No reason is given for failure to schedule the deposition before July 31.
Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue 1
i Hammond, Indiana 46320 By:
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t.'illiam 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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UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC. SAFETY AND LICENSING BOARD In the Matter of
)
Docket No. 50-367
)
NORTHERN INDIANA PUBLIC
)
(Construction Permit
)
SERVICE COMPANY
)
Extension)
)
(Bailly Generating Station,
)
June 25, 1981 Nuclear-1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the following documents:
Letter dated June 25, 1981 to the Atomic Safety and Licensing Board from William H. Eichhorn Letter dated June 25, 1981 to Robert J.
Vollen from William H. Eichhorn Motion for Protective Order, dated June 25, 1981 were served on the following by deposit in the United States mail, postage prepaid, on this 25th 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 1
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 i
Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America Local 1010 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski l
Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322 l
WILLIAM H.
EICHHORN l
Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company su
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