ML20010B287

Motion for Protective Order Providing That Util Requested Deposition Not Be Taken as Scheduled.Job Responsibilities Prevent H Read 810812 Deposition

ML20010B287
Person / Time
Site:	Bailly
Issue date:	08/06/1981
From:	Rapkin A ILLINOIS, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010B288	List: ML20010B287 ML20010B289
References
NUDOCS 8108140324
Download: ML20010B287 (2)

Text

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NUCLEAR REGULATORY COMMISSION 4 (g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD sn *~

In the Matter of ) gs f NORTHERN INDIANA PUBLIC ) Docket No. 50 , qs ' ';t SERVICE COMPANY (Bailly Generating

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MOTI'N FOR PROTECTIVE ORDER y On July 30, 1981 Northern Indiana Public Ser pomph'ny

("NIPSCO") served a Notice of Deposition on People of the State of Illinois (" Illinois"). That notice,which was received by Illinois on August 3, stated that on August 12, 1981 NIPSCO would take the deposition of "[a]ny representative or representatives, agent or 4.

agents, of the State of Illinois who have knowledge regarding the facts. . . .

Illinois has designated Herbert Read as the Illinois repre-sentative or agent whose deposition is to be taken pursuant to NIPSCO's notice. However, Mr. Read's job responsibilities at the Chicago Housing Authority, by which he is employed as Senior Engineer of Construction, prevent his being available on August 12 for a deposition.

Illinois informed counsel for NIPSCO that Mr. Read is unavailable on August 12 and that the remainder of August is too heavily scheduled with other depositions and with obligations imposed by the Board's scheduling order to allow forlMr. Read's deposition, g50 3 s

l 8108140324 810806 PDR ADOCK 05000367 G PDR

Illinois also noted that if the Board grants all of the Intervenors' applications for subpoenas, depositions by Intervenors will be

' scheduled for every working day _in September. Illinois will present Mr. Read for a deposition on the first reasonably available date.

Because the parties could not come to an agreement on a date for the taking of Herbert' Read's deposition, Illinois respect-fully moves the Board to issue a protective order providing that NIPSCO's requested depositon may not be taken on August 12, 1981.

Respectfully submitted, TYRONE C. FAHNER Attorney Ge ral State of linois

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BY:

ANNE RAPKIN V

/ N ANNE RAPKIN MARY JO MURRAY Assistant Attorneys General 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 312/793-2491