ML20009G984

Response Opposing State of Il 810713 Motion for Extension of Time.State of Il Excuses Are Insufficient & Should Not Be Allowed to Dictate Pace of Proceeding.Certificate of Svc Encl.Related Correspondence

ML20009G984
Person / Time
Site:	Bailly
Issue date:	07/30/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108050327
Download: ML20009G984 (5)

Text

.iUUfTED. CORITESPOST)EPTCP o N UNITED STATES OF AMERICA p D NUCLEAR REGULATORY COMMISSION L:

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BEFORE TIIE ATOMIC SAFET' AND LICENSING BOARD N 3I90I &

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In the Matter of Docket No. 50-367 / h1 /j NORTIIERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) July 30, 1981 -

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D NORTIIERN INDIANA PUBLIC SERVICE COMPANY'S RESPONS$ ,

IN OPPOSITION TO ILLINOIS' SECOND " MOTION FCR-EXTENSION OF TIME" QG i\ *[h,#

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On June 22, 1981, Northern Indiana Public Service (NIPSCO) filed its Third Set of Interrogatories to Illinois. .

Responses were due July 13, 1981. On that date, Illinois mailed a " Motion for Extension of Time" to the Board and parties. The Motion requests an extension to July 27, 1981, of the time for responding to the interrogatories. On that date, Illinois maile.'

its second " Motion for Extension of Time" to the Board and parties.

In support of its second Motion for Extension of Time Illinois I reiterates the same excuse for its failure'to file timely answers to interrogatories which it advanced in support of its first l Motion, i.e., "the time necessary to respond . . . has been very limited, and the interrogatories arc of a technical nature, requiring consultation with others . . . . This excuse was also f

i offered by Illinois in its July 7, 1981 Motion for Extension of Time to answer NIPSCO's Second Set of Interrogatories. /

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• / In this. regard it should be noted that Illinois has yet to /

comply with a discovery request within the time provided l by Commission regulations.

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As we have previously stated, these excuses are insufficient.

Illinois should not be permitted to dictate the pace of this proceeding by simply stating it does not have sufficient time to respond to discovery requests. We urge the Board to deny Illinois' Motion for yet another extension of time and to remind Illinois of its obligations as a party to this proceeding.

Respectfully submitted, EICHHORN, EICHHORN 5 LINK 5243 Hohn.an Avenue Hammond, Indiana 46320 By: _g% ~

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

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 i

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9 t. g UNITED STA?G OF AMERICA - j NUCLEAR REGULATORY COMMISSION I AUG 31981 > g ctra t! Dt L. narl l BEFORE T!!E ATOMIC SAFETY AND LICENSING BOAR Q p"+]~ f;d

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- G In the Matter of ) Docket No. 50-367

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NORTi!ERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) July 30, 1981 Nuclear-1) )

CERTIFICATE OF SFRVICE I hereby certify that copies of the following documents:

Northern Indiana Public Service Company's Response in Opposition to Illinois' Second " Motion for Extension of Time" Northern Indiana Public Service Company's Notice of Deposition of Edward '.7 Osann, Jr.

Northern Indiana Public Service Comoany's Notice of Deposition of Agent (s) or Representative (s) of State of Illinois Northern Indiana Public Service Company's First Request .

to Porter County Chapter of the Izaak Walton League of America, Inc. for Production of Documents Northern Indiana Public Service Company's First Request to Concerned Citizens Against Bailly Nuclear Site for Production of Documents Northern Indiana Public Service Company's First Request to Businessmen for the Public Interest, Inc. for Production of Documents Northern Indiana Public Service Company's First Request to James E. Newman for Prcduction of Dccuments Northern Indiana Public Service Company's First Request to Mildred Warner for Production of Documents Northern Indiana Public Service Company's First Request to The State of Illincis for Production of Documents

Northern Indiana Public Service Company's Fourth Set of Interrogatories to Porter County Chapter of the Izaak Walton League of America, Inc.

Northern Indiana Public Service Company's Fourth Set of Interrogatories to Concerned Citizens Against Bailly Nuclear Site Northern Indiana Public Service Company's Fourth Set of Interrogatories to Businessmen for the Public Interest, Inc.

Northern Indiana Public Service Company's Fourth Set of Interrogatories to James E. Newman Northern Indiana Public Service Company's Fourth Set of Interrogatories to Mildred Warner Northern Indiana Public Service Cr.t.pany's Fourth Set of Interrogatories to The State of Illinois were served on the following by deposit it. the United States mail, postage prepaid, on this 30th day of July, 1981:

i Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge 10807 Atwell Houston, Texas 7709e Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire

, Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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Stephen H. Lewis, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire e/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 "cbert L. Graham, Esquire One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of Anierica Local 1010 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322 s

WILLIAM H. EIdkHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company