ML20009B814
| ML20009B814 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 07/16/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8107170196 | |
| Download: ML20009B814 (4) | |
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7/16/81 UNITED STATES OF AMERCIA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Mat,ter of NORTHERNkNDIANAPUBLICSERVICE Docket No. 50-367 COMPANY (Construction Pemit Extens-gIQ7 s
(Bailly Generating Station, Nuclear-1)
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NRC STAFF RESPONSE TO PCCI'S " MOTION T0 COMPEL DEPOSITION OF M. DAVID LYNCH IN CHICAG0" c &,
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Porter County Chapter Intervenors (hereafter "PCCI") has moved the' Atomic Safety and Licensing Board for an order compelling the deposition l
of M. David Lynch, the NRC Staff's Project Manager for the Bailly facility, in Chicago on August 5,1981, or on such other date as the Board may order.M PCCI correctly noted that Staff counsel had previously stated during a telephone conversation that Mr. Lynch would not be made available in Chicago because he did not have any plans to be in the Chicago area on other business.E The need has since arisen, y
Porter Councy Chapter Intervenors' Motion To Compel Deposition Of M. David Lynch in Chicago (June 26,1981)(hereafter" Motion").
y Motion at 3-4.
At an earlier juncture in this particular controversy the Licensing Board had denied a motion by PCCI to compel Mr. Lynch's deposition in Chicago, unless Mr. Lynch happened to be.in Chicago for other reasons. Memorandum and Order (Restricting Location for Deposition)-Qanuary 19,1981).
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however,:for Mr. Lynch to travel to the vicinity of the Es111y facility on a date not yet fixed, but which would be consistent with his evailability to be deposed in Chicago on August 19 (and August 20, if necessary),1981 and the Staff is now prepared to make him available on these dates.
In lieu of the August 5, 1981 deposition date designated in PCCI's Motion, PCCI has agreed to depose Mr. Lynch on these dates.
As noted above, the Staff is making Mr. Lynch available in Chicago uecause of other business obligations that will require him to be in that a rea.
The Staff's willingness, under the circumstances, to make Mr. Lynch availabic dor.s not constitute a concession that the arguments raised by PCCI in support of its motion would have compelled Mr. Lynch's attendance, as requested.
In view of the agreement reached between the Staff and PCCI, no order compelling Mr. Lynch's deposition need issue.
Respectfully submitted, N. h Stephen H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 16th day of July, 1981 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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l NORTHERN INDIANA PUBLIC SERVICE b
Docket No. 50-367 hl (Construction Permit Extension)
COMPANY (Bailly Generating Station, h
Nuclear-1 J
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO PCCI'S ' MOTION TO COMPEL DEPOSITION OF M. DAVID LYNCH IN CHICAG0'" in the above captioned proceeding has been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 16tn day of July,1981:
- Herbert Grossman, Esq., Chairman, Robert L. Graham, Esq.
Administrative Judge One IBM Plaza Atomic Safety and Licensing Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Rooert L. Holton, Administrative Judge 3820 Ridge Road School of Oceanography HighlanC, Indiana 46322 Oregon State University Corvallis, Oregon 97331 John Van Vranken, Esq., Chief Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 10807 Atwell 188 West Randolph Street Houston, Texas 77096 Chicago, Illinois 60601 Kathleen H. Shea, Esq.
Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad Local 1010 l
and Toll United Steelworkers of America l
1025 Connecticut Avenue, N.W.
3703 Euclid Avenue l
Washington, D.C.
20036 East Chicago, Indiana 46312 1
Robert J. Vollen, Esq.
William H. Eichhorn, Esq.
c/o BPI Fichhorn, Morrow & Eichhorn l
109 North Dearborn Street o243 Hohman Avcaue Chicago, Illinois 60602 Hammond, Indiana 46320 Edward W. Osann, Jr., dsq.
Atomic Safety and Licensing Suite 4600 Board Panel U.S. Nuclear Regulatory Commission One IBM Plaza Chicago, I.1-1.inois 60611 Washington, D.C.
20555
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2 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Consnission Washington, D.C.
20555
- J/AL #.w Steph[nH. Lewis ~
Counsel for NRC Staff l
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