ML20009G830

Renewed Motion for Protective Order Re Purcell Deposition & Withdrawal of Motion for Protective Order Re Dunn & Ricca Depositions.No Justification Offered for Late Deposition

ML20009G830
Person / Time
Site:	Bailly
Issue date:	07/27/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108050106
Download: ML20009G830 (2)

Text

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l t j ,9 UNITED STATES OF AMERICA (' ( T I ,/ N NUCLEAR REGULATORY COMMISSI Nf.d f \'

t AUC 0 4 799g BEFORE THE ATOMIC SAFETY AND LICENS p Docket No. 5 ^ cx '

In the Matter of g. ,

NORTHERN INDIANA PUBLIC ) (Construction Permit f- -

SERVICE COMPANY ) Extension)

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N m NORTHERN INDIANA PUBLIC SERVICE COMPANY'S REFEWED MOTION FOR PROTECTIVE ORDER WITH RESPECT TO PURCELL DEPOSITION AND WITHDRAWAL OF MOTION FOR PROTECTIVE ORDER WITH RESPECT TO DUNN AND RICCA DEPOSITIONS On June 9, 1901, Porter County Chapter Intervenors (PCCI) filed a Notice of Deposition of J. W. Dunn, a Northerr Indiana Public Service Company (NIPSCO) employee. The stated date for the deposition is August 18, 1981. On June 18, 1981, PCCI filed a Notice of Depositions of two other NIPSCO employees, Harold Ricca and James F. Purcell. The stated dates for those depositions are August 25 and September 1, 1981, respectively.

NIPSCO advised counsel for PCCI that the specified employees would not appear on the scheduled dates and on June 18 and 25, 1981, filed motior.s for protective orders in view of NIPSCO's then-pending Motion for Establishment of Schedule.

On July 10, 1981, the Board issued its " Order (Closing Discovery)" which requires that all depositions "be scheduled by August 28, 1981." On July 21, 1981, PCCI filed an Aniended Notice of Depositions which changed the date of the Dunn deposition to-August 27, 1981, and changed the name of the court reporting 8106050106 0107N Yfd 68 PDR ADOCK 05000367 G PDR

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service before whom the depositions of Messrs. Ricca and Purcell will be taken.

In view of the Board's Order of July 10 permitting depositions to be taken as late as August 28, 1981, NIPSCO withdraws its motions for protective orders filed on June 18 and 25 insofar as those motions pertain to the taking of the depositions of Messrs.

Dunn and Ricca and agrees to make those NIPSCO employees available on the now specified deposition dates.

NIPSCO renews its motion for a protective order filed on June 25, 1981, insofar as that motion pertains to the notice to take the deposition of Mr. Purcell on September 1, 1981. NIPSCO again requests a protective order providing that the deposition of Mr. Purcell may not be taken on the date specified. The Board has establishad the final date for depositions and no justification has been offered for an exception.

Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By:

William H. ~ Bi'chhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

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