ML20010B132

Response Opposing Porter County Chapter Intervenors' 810731 Motion for Leave to Initiate Further Discovery.No Good Cause Shown.Certificate of Svc Encl.Related Correspondence

ML20010B132
Person / Time
Site:	Bailly
Issue date:	08/07/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108140074
Download: ML20010B132 (4)

Text

_ ___ _ _ - _ _ ._.

' K' ** RELATED_.CORRESPONDEKC3 03 E?\ Ay p

UNITED STATES OF AMERICA F' NUCLEAR REGULATORY COMMISSION g. 1 2 AUG 111981 >~ P BEFORE THE ATOMIC SAFETY AND LICENSING BOARD E Q ' ~, , jI r

4 w In the Matter of ) Docket No. 50-367 tjpp g.d

)

NORTHERN INDIANA PUBLIC ) Wonstruction Permit to e SERVICE COMPANY ) Extension) g /q

,f (Bailly Generating Station,

)

) August 7, 1981 y-] [

{ $'g Nuclear-1) ) J _

( , t,Un 131981 * ,

'/, u . s.CC"'55 no"' "'"^**# T NORTHERN INDIANA PUBLIC SERVICE COMPANY'S RESPONSE J TO PORTER COUNTY CHAPTER INTERVENORS' MOTION FOR LEAVE TO INITIATE FURTHER DISCOVERY (dqQC/.

g N' fy On July 31, 1981, Porter County Chapter Intervenors (PCCI) filed its " Motion for Leave to Initiate Further Discovery" seeking to further pursue discove2.; against the NRC Staff. Specifically, PCCI seeks to " follow up on information" contained in Answers to Interrogatories and documents produced by the NRC Staff.

Northern Indiana Public Service Company (NIPSCO) opposes the motion and requests that it be denied.

The only justification offered by PCCI for pursuing discovery beyond the date established for the close of discovery / is that the interrogacory answers and documents were received by "PCCI on July 31, 1981, and, therefore, no opportunity exists for reviewing them and initiating follow-up discovery . . . . No explanation is offered as to what information PCCI believes it can obtain through the requested additional round of discovery; nor is there go3

• / Doard Order Closing Discovery dated July 10, 1981. j l0 k O$O000f7

, PDR.

D g as any allegation as to why the additional information is required.

No authority is cited to support the inference that a party is entitled to a " follow up" round of. discovery, and, of course, none exists.

The Board may permit belated discovery upon good cause being shown. (See, e.g., 10 C.F.R. S 2.740 (b) (1) . ) However, in this respect PCCI's motion falls woefully short. Further discovery should not be permitted without a strong demonstration of good cause, particularly, in thi' proceeding where discovery his been in progress for nearly a year.

?

PCCI's Motion to Initiate Further Discovery is insufficient and should be denied.

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

William H. Ei"chhorn Attorneys for Northern Indiana Public Service Company i

i LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

f p 1 o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

)

(Bailly Generating Station, ) August 7, 1981 Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that copies of Northern Indiana Public Service Company's Response to Porter County Chapter Intervenors' Motion for Leave to Initiate Further Discovery were served on the following by deposit in the United States mail, postage prepaid, on this 7th day of August, 1981:

Herbert Grossman, Esquire, Chairman i 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 77096 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 Stephen H. Lewis, Esquire Office of the Executive Legal Director

! U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 l

-- - - - . , _ _ , - . _ , . . - ~ . . . ~ . . . , . _ _

, a.

Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 3 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America Local 1010 3703 Euclid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322 WILLIAM H. EICHHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company

- _ _ _ .