ML20009B773

Motion for Protective Order Providing That Depositions of Ah Petersen,Fg Hiple & CR Kulawinski May Not Be Taken on Dates Subsequent to 810731.Suggested Dates Are Beyond Time Period Requested for Limit of Discovery

ML20009B773
Person / Time
Site:	Bailly
Issue date:	07/08/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107170149
Download: ML20009B773 (2)

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Doomza UNITED STATES OF AMERICA b

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BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARb em p In the Matter of ) Docket No. 50-367 \c"'// q4 { ,

NORTilERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension) [ .,

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NORTIIERNINDIANAPUBLICSERVICECOMPANY'S( Ues.Muun "" %m 4-MOTION FOR PROTECTIVE ORDER * ^

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On June 29, 1981, " Porter County Chapter Intervenors N

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filed a Notice of Depesitions of Allen H. Petersen, Forrest G.

Iliple, and Carl R. Kulawinski, employees of Northern Indiana Public Service Company (NIPSCO). Tne stated dates for the depositions are September 9, 15, and 22, 1981, respectively.

NIPSCO filed a " Motion for Establishment of Schedule" in this. proceeding on June 1, 1981. NIPSCO requested that the Licensing Board set July 31 as the date for the close of discovery.

The 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 depositions for a date before July 31. (See attached i

letter to Mr. Vollen dated July 8, 1981.)

On the assumption that NIPSCO's " Motion for Establishment i of Schedule" will be granted, NIPSCO hereby requests a pro-3 95s iO 8107170149 810708 PDR ADOCK 05000367 G PDR

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tective order providing that the depositions of Messrs. Petersen, Hiple, and Kulawinski may not be taken on dates subsequent to >

July 31. Good cause exists for such an order in that discovery has been in progress for almost one year and'the suggested dates for the depositions are 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 depositions before July 31.

4 Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By: gg M M/

William H. fichhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 '

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