ML20009A176
| ML20009A176 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 07/07/1981 |
| From: | Hogdon A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Vollen R BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES, VOLLEN, R.J. & WHICHER, J.M. |
| References | |
| NUDOCS 8107090134 | |
| Download: ML20009A176 (2) | |
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July 7, 1981 p.~.
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Robert J. Vollen, Esq.
c/o BPI
%y 109 Dearborn Street Q3/
Chicago, Illinois 60602 In the Matter of Florthern Indiana Public Service Company (Bailly Generating Station, fluclear-1)
Docket tio. 50-367 (Construction Permit Extension)
Dear Mr. Vollen:
This is in response to your letter of June 29, 1981, asking for a clarification of my letter of June 25, 1981, covering a nunber of docunents produced in response to your Second Request for Production of Documents, dated !!ay 19, 1981.
I have not been able to identify any documents responsive to Paragraphs 1, 2 and 3 of your request which are not in the liRC's Public Document Roon.
There are more than a hundred documents in the Commission's Public Document Room which are responsive to Paragraph 3 of your request; it is the Commission's practice to nake such correspondence between Staff and Permittee publicly available.
1 As I explained in ny letter of June 25, documents responsive to Paragraphs 4 through 9 of your Request will be produced together with the answers to the interrogatories to which they relate at such time as the Board requires that the interrogatories be answered.
I have not been able to identify anything in the flRC's files which is responsive to Paragraph 10 of your Request. Docunents responsive to Paragraph 12 to the extent that they are not produced in response to Paragraph 11 will also be produced at such time as the interrogatories are pol answered.
5 lD OFFICE) 8107090134 810707
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- All of the documents which were produced on June 25 respond to Paragraph 11 and 13 of your Second Request; the production of that date is conplete with regard to those two paragraphs, and also to Paragraphs 1, 2, 3 and 10.
The notes which were withheld as objectionable would relate to paragraph 11.
Footnote 8 to 10 C.F.R. 5 2.790 excludes " handwritten notes and drafts" from the definition of " final NRC records and documents" required to be mcde available in the NRC's Public Document Room. Accordingly, Staff's objection to producing the notes is made under 70 C.F.R. 5 2.744(b)(2) in that the notes are " exempted from disclosure under 5 2.790 and the disclosure is not necessary to a proper decision in the proceeding...."
Your letter characterizes my letter of June 25 as in the nature of a response under 10 C.F.R. 5 2.741(b). The response was in fact made under 5 2.744 as was your Second Request. The dates to which you would bind Staff relate to production from parties other than Staff not to production from Staff. Also, you were informed orally by Staff counsel that production would not be made in Chicago on June 23, 1981.
Sincerely, Ann P. Hodgdon Counsel for NRC Staff Dist cc: Herbert Grossman, Esq., Chairran NRC Central Robert L. Holton LPDR J. Ven Leeds Shapar/Engelhardt s
Kathleen H. Shea Christenbury/Scinto Robert J. Vollen, Esq.
Rutberg Edward W. Osann, Jr., Esq.
Chandler Robert L. Graham, Esq.
Vogler George and Anna Grabowski Hodgdon John Van Vranken, Esq.
Lewis Clifford liezo Chron William 11. Eichhorn, Esq.
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Atomic Safety and Licensing Board Panel ASchwencer Atomic Safety and Licensing Appeal Board MDLynch Secretary h3 d
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