ML20009B198

Response in Opposition to GE Motion for Protective Order. Motion Does Not Establish Valid Claim of Proprietary or Confidential Nature of Documents.Certificate of Svc Encl

ML20009B198
Person / Time
Site:	Bailly
Issue date:	07/07/1981
From:	Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107150047
Download: ML20009B198 (6)

Text

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,g 5EFORE THE ATOMIC SAFETY AND LICENSING BOARD Emch

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) Docket No. 50-367 NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

(Bailly Generation Station, )

Nuclear-1) )

PORTER COUNTY CHAPTER INTERVENORS' RESPONSE 'IO GENERAL ELECTRIC COMPANY'S MOTION FOR A PROTECTIVE ORDER General Electric Company (GE) has again interjected itself into a discovery issue in this proceeding by filing

" General Electri.c Company's Answer in Opposition to PCCI Motion to Compel Production of Documents and Motion for Pro-tective Order" and an appended " Affidavit of George A. Roupe" (GE Motion), in which GE requests a protective order for the same four documents which NIPSCO has refused to produce and which are the subject of PCCI's " Motion to Compel NIPSCO to Physically Produce Documents", filed May 22, 1981 (PCCI Motion).

The first three grounds asserted in the GE Motion go to the scope, the relevancy and the Ltiming of the discovery sought by PCCI, and may be summarily rejected. They are each grounds which GE, as a non-party to this proceeding, lacks standing to assert and which previously have been rejected by the Board.

8107150047 810707 PDR ADOCK 05000367 O PDR 99,

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- See Memorandum and Order (Granting Protective Order to GE)

J dated May 22, 1981. GE's asscrtion of them at this juncture appears to be nothing more than an attempt to restate NIPSCO's arguments responding to PCCI's Motion. See NIPSCO's Response to PCCI's Motion to Compel NIPSCO to Physically Produce Documents, filed June 8, 1981.

i GE's fourth ground, asserted as to only three of the four documents in controversy, f/ is that the " draft contracts and technical documents...contain highly confidential proprietary informa tion. " (GE Motion, p. 4). There are two answers.

First, any such confidentiality has been breached by NIPSCO's production of the documents on May 4, 1981. If that production was in breach of any obligation of NIPSCO to GE, i GE's recourse should be against NIPSCO, not interference with discovery in this proceeding.

Second, neither GE's motion nor the appended affidavit establish a valid claim of propietary or confidential nature i

l of the documents. Both the motion and the affidavit state mere conclusory allegations and no facts are set forth which could

! conceivably form the basis for a protective order.

1/ The ' documents to which GE does not claim is confidential to

- it, although it does claim should not be produced on other

grounds, is a letter dated April 29, 1979 from William H.

Eichhorn to Dr. J.K. McClosky, a NIPSCO employee, which

NIPSCO claims is privileged from discovery under the attorney /

client privilege. Obviously GE can assert no such claim.

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a In sum, GE's motion states no grounds to support the grant of a protective order. GE's motion should be denied and PCCI's motion directed to NIPSCO to physically produce the documents, which it previously produced and subsequently withdrew, should be granted.

Dated: July 7, 1981 Respectfully submitted, Robert J. Vollen Jane M. Whicher By: _

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Jane M. Whicher

- Attorneys for Porter County Chapter Intervenors l

i Robert J. Vollen Jane M. Whicher

! c/o BPI 109 N. Dearborn Suite 1300 l Chicago, IL 60602 i (312) 641-5570 a

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Business and Professional People for the Public Interest 109 North

Dearborn Street,

Suite 1300 . Chicago, Illinois 60602 - Telephone: (312) 641-5570

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Clim cf % sem7 Mr. William H. Eichhorn 6 M&: a smice Bruch 4',

Eichhorn, Eichhorn & Link 5243 Hohman Avenue  %

N Hammond, IN 46320 Re: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1) Docket No. 50-367 (Construction Permit Extension)

Dear Bill:

The Licensing Board's May 22, 1981 Memorandum and Order (Granting Protective Order to GE) granted to GE the right to object to its terms, in the absence of which the To the best of our knowledge, Order would become effective.

GE has not interposed any objection, and we, therefore, are entitled to inspect the contracts under which GE agreed to supply the nuclear steam supply system and turbine generator for Bailly. The inspection is to be made at your offices, during business hours, at our convenience.

In order for us to determine wnat would be a convenient time for the inspection, it would be very helpful if we knew the volume of the documents so that we can approximate the amount. of time which we will need to allocate to the inspection. We look forward to hearing from you.

Very truly yours, Robert J. Vollen RJV:pt One of the Attorneys for Porter cc: Service List County Chapter Intervenors

( h James W. Ashley Bernard Gordon Alena.1 der Pohkoff Staff Dianne L Sautter Directors Directorof Development John C. Bachman Ronald Grzywinski Rodolph S. Rasin Atenander Pohkoff Robert 8. Lifton Jeremy Warburg Russo Executive Director M. Selma Wise Juhan Berman Martin Hausman Community Development Pressdent James A Shapiro Robert J. Voilen George Cohan Peter Hunt Detector

1. #"" Dick Simpson General Counsel Leon M. Despres Arnold B. Kanter W Jr. Nancy Stom

, w if,,3 Luis E. DiarPerez Joseph Kellman Bill Singer kug ss,o

, ay Ja s 'E Carol Y. Farwell Elhot Lehman Cecil J. Troy Ehzabeth L Lassar V,ce Pressdents Robert J. Vollen Jane M Whicher Jeanne L Yeidel Steve Fiffer Michael D. Maltz Administrative Assestant Leon D. Finney John L McKnight loss Weisberg Howard A. Learner 7 , ,, , Atrorneys Past Presidents Staunton O Flanders Elena B. Mulcahy Morton Weisman 0 enfeld Herbert 8 Fried Eugene Pekow Richard Wolff Afforney The 1otLe man Housing Agenda

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NUCLEAR REGULATORY COMMISSION -( $'

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD rn tc

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e In the Matter of )

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NORTHERN INDIANA ) Docket No. 50-367 PUBLIC SERVICE ) (Construction Permit COMPANY (Bailly ) Extension)

Generating Station, )

Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that I served copies of Porter County Chapter Intervenors' Response to General Electric Company's Motion for a Protective Order, and a letter from Robert J.

Vollen to William H. Eichhorn dated July 7, 1981 on all persons on the attached Service List, by causing them to be deposited, in the U.S. mail, first class postage prepaid, on July 7,1981.

Robert J. Vollen Jane M. Whicher by: 's NC '

Jane M. Whicheh Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher c/o BPI 109 North Dearborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570

e SERVICE LIST Herbert Grossman, Esq. Gecrge & Anna Grabowski Administrative Judge 3820 Ridge Road Atomic Safety & Licensing Highland, Indiana 463.22 Board Panel U.S. Nuclear Regulatory Dr. George Schultz Commission 807 E. Coolspring Road Washington, D.C. 20555 Michigan City, Indiana 46360 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Mr. Mike Olszanski Mr. Clifford Mezo Local 1010 - United Steelworkers Dr. J. Venn Leeds of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East Chicago, Indiana 46312 Houston, Texas 77096 Stephen H. Lewis, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commissio@

Maurice Axelrad, Esq. Washington, D.C. 20555 Kathleen H. Shea,,Esq.

Lowenstein, Newman, Reis, Anne Rapkin, Asst. Attorney Genere Axelrad and Toll John Van Vranken, Environmental 1025 Connecticut Ave., N.W. Control Division Nashington, D.C. 20036 188 W. Randolph - Suite 2315 Chicago, Illinois 60601 William H. Eichhorn, Esq.

Eichhorn, Eichhorn & Link Docketing & Service Section (3) 5243 Hohman Avenue Office of the Secretary Hammond, Indiana 46320 U.S. Nuclear Regulatory Commissiom Washington, D.C. 20555 Diane B. Cohn, Esq.

William P. Schultz, Esq. Stephen Laudig, Esq.

Suite 700 21010 Cumberland Road 2000 P Street, N.W. Noblesville, Indiana 46060 Washington, D.C. 20036 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J

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