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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126M8141985-05-23023 May 1985 Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523 ML20058J0861982-08-0606 August 1982 Order Holding Intervenor Business & Prof People for Public Interest Request for Award of Atty Fees & Expenses Under Equal Access to Justice Act Until Question of Availability of Funds Solved.Nrc Will Seek Comptroller General Opinion ML20054J0811982-06-18018 June 1982 Notice of ASLB Reconstitution.H Grossman,Chairman & K Mccollom & Rl Holton,Members ML20054F9471982-06-0707 June 1982 Memorandum Supporting Business & Prof People for Public Interest Application for Award of Atty Fees & Expenses ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20053E6821982-06-0404 June 1982 Affidavit of Rj Vollen Re Costs & Legal Svcs Provided ML20053E6831982-06-0404 June 1982 Affidavit of Jm Vollen Re Costs & Legal Svcs Provided ML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6841982-06-0303 June 1982 Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010B2941981-08-12012 August 1981 Renewed Application for Subpoenas Directed to Rf Brissette, s Dobrijevic & Personnel at Sargent & Lundy,Ground/Water Technology,Inc & Dames & Moore.Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C5001981-08-11011 August 1981 Notice of Lm Bykoski & Lg Hulman 810824 & 26 Depositions, Respectively,Re Theoretical & Empirical Basis of NRC 810717 Eia & Documents,Info & Personnel Used in Preparing Eia ML20010C5071981-08-11011 August 1981 Amended 810720 Notice of MD Lynch Deposition,Including Listed Matters for Exam ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl 1985-05-23
[Table view] Category:PLEADINGS
MONTHYEARML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010E0171981-08-25025 August 1981 Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl ML20010C1591981-08-11011 August 1981 Third Application for Order Requiring NRC to Answer Porter County Chapter Intervenor'S Third Set of Interrogatories. Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010B3941981-08-10010 August 1981 Response in Opposition to State of Il Refusal to Produce Designated Agent for Deposition.Util Does Not Object to Rescheduling of Deposition.Certificate of Svc Encl.Related Correspondence ML20010B2961981-08-10010 August 1981 Motion to Compel NRC Answers to Porter County Chapter Intervenors' First Set of Interrogatories.Nrc Answers Re Interrogatories 8(f)(ii)(iii) & 9(d) & (F) Were Deficient. Related Correspondence ML20010B2951981-08-10010 August 1981 Second Motion to Compel Further NRC Response & Production of Documents Per Porter County Chapter Intervenors' Second Request.Nrc Should Be Ordered to Provide Definitive Response.Related Correspondence ML20010B2901981-08-10010 August 1981 Showing of General Relevance Supporting Subpoena Applications.Persons to Be Deposed Have Knowledge Directly & Immediately Relevant to Proceeding Issues.Related Correspondence ML20010B2921981-08-10010 August 1981 Motion to Extend 810930 Deadline for Taking Depositions. Compliance May Not Be Possible.Schedule Imposes Unreasonable Burden on All Parties.Related Correspondence ML20010B1321981-08-0707 August 1981 Response Opposing Porter County Chapter Intervenors' 810731 Motion for Leave to Initiate Further Discovery.No Good Cause Shown.Certificate of Svc Encl.Related Correspondence ML20010B2871981-08-0606 August 1981 Motion for Protective Order Providing That Util Requested Deposition Not Be Taken as Scheduled.Job Responsibilities Prevent H Read 810812 Deposition ML20010B3021981-08-0505 August 1981 Response in Opposition to Util 810721 Motion to Compel Answers to Second Set of Interrogatories.Motion Is Filled W/Vituperative Rhetoric,Snide Comments & Personal Attacks on Intervenors.Certificate of Svc Encl ML20009H4681981-07-31031 July 1981 Second Request for Order Requiring NRC to Answer Porter County Chapter Intervenors Second Set of Interrogatories. Answers Relate to Matters Solely within NRC Knowledge. Certificate of Svc Encl.Related Correspondence ML20009H4951981-07-31031 July 1981 Motion for Leave to Initiate Further Discovery to Follow Up on Interrogatories & Various Documents.Related Correspondence ML20009G9841981-07-30030 July 1981 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 ML20009G8241981-07-27027 July 1981 Response Opposing State of Il 810713 Motion for Extension of Time.Counsel Needs to Consult W/Other Personnel to Answer Interrogatories Is Usual & Does Not Justify Delayed Responses ML20009G8301981-07-27027 July 1981 Renewed Motion for Protective Order Re Purcell Deposition & Withdrawal of Motion for Protective Order Re Dunn & Ricca Depositions.No Justification Offered for Late Deposition ML20009F2161981-07-24024 July 1981 Answer to State of Il 810717 Motion for Clarification of Order & Porter County Chapter Intervenors' 810722 Motion for Clarification or Reconsideration of Order.Aslb 810710 Order Is Not Ambiguous.No Clarification Needed ML20009F2181981-07-24024 July 1981 Renewed Motion for Protective Order Providing That Petersen,Hiple & Kulawinski Depositions May Not Be Taken on Dates Specified.No Justification Offered.Aslb Established Final Date for Depositions.Certificate of Svc Encl ML20009G8201981-07-23023 July 1981 Response Opposing Util 810708 Motion for Protective Order That Ah Petersen,Fg Hiple & Kulawinski Depositions Not Be Taken After 810731.Util Motion Seeking 810731 as Date Closing Discovery Was Denied.Certificate of Svc Encl ML20009E3051981-07-23023 July 1981 Response Opposing Porter County Chapter Intervenors' 810710 Motion for Extension of Time to File Answers or Objections to Third Set of Interrogatories.Motion Is Attempt to Delay Completion of Discovery.W/Certificate of Svc ML20009E6521981-07-22022 July 1981 Motion for Clarification or Reconsideration of 810710 Orders.Svc of Subpoenas & Notices of Deposition & Taking of Depositions Cannot Reasonably Be Accomplished by Ordered 810828 Date.Certificate of Svc Encl ML20009E0921981-07-21021 July 1981 Motion to Compel Answers to 810423 Second Sets of Interrogatories Directed to Porter County Chapter Intervenors,Concerned Citizens Against Bailly Nuclear Site & Others.Certificate of Svc Encl ML20009E2131981-07-20020 July 1981 Statement Adopting in Entirety Porter County Chapter Intervenors 810609 Application for Order Requiring O Thompson Attendance & Testimony at Deposition 1982-06-04
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" ( UNITED STATES OF AMERICA !!- AUS 121981 >
f fil L NUCLEAR REGULATORY COMMISSION 3 3 " 1. 3 N - ~
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. (r. Raica BEFORE THE ATOMIC SAFETY AND LICENSING BOA Eag) 6 i u.u d s y 'g
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'/h a Matter of )
RfTQ ' NORTHERN INDIANA PUBLIC )
) Docket No. 50-367 SERVICE COMPANY ) (Construction (Bailly Generating Station, ) Permit Extension)
Nuclear-1) )
PORTER COUNTY. CHAPTER INTERVENORS' if0 TION TO EXTEND TIME FOR TAKING DEPOSITIONS In a telephone conference call on August.3, 1981, the Chairman of the Licensing Board directed that all depositions concerning admitted contentions in this proceeding, including those depositions for which subpoenas have been applied but which have not yet been issued, be taken by September 30, 1981, and that notices be served by August 10. Porter County Chapter Intervenors ("PCCI") have complied with that direction by serving their " Notice of Depositions for Which Application Has Been Made for Subpoenas" on August 10, 1981.
PCCI hereby move the Board to extend the September 30, 1981 deadline for taking those depositions. It is not at all clear whether compliance with the schedule necessitated by the Septem-ber 30 deadline is even possible. Much of it depends on the unknowns of the timing of the issuance and service of the subpoenas and the availability of the witnesses. But, even if compliance is possible, it would impose a totally unreason-able burden on all parties to this proceeding with no corres-ponding ber.efit to any party.
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b Under the schedule established'by the Notices served by.
PCCI and by the State of Illinois on August li0, and by notices previo,usly. served, at least one, and in threeLinstances two, depositions will be taken on e.ach and every week-day in the month of September. The only exceptions are that no. depositions have been scheduled for September 7 which is Labor Day, and for September 29 and 30, 1981, which are part of the Jewish High Holidays during which the lead attorney for'PCCI will be unavailable.
E' The remainder of August is~ scheduled with other matters, including depositions previously noticed and activities related to the-effort to comply with the August 28,.1981 deadline concerning the NEPA contentions. Each of the depositions which are scheduled during September are ones for which subpoenas had been applied (some as early as June) or were noticed before the Board's oral ruling on August 3, 1981 that depositions on admitted contentions should be completed by the .end.of September. ,
The existing deposition schedule for September is as follows:
Tuesday, September 1, 10:00 am -James Purcell, NIPSCO -
Wednesday, September 2, 10 : 00 am - D. L. Leone , Sargent & Lundy Engineers Thursday, September 3, 10:00 am - G.A. Chauvin, Sargent &
Lur dy Engineers
. -a Friday,' September 4, 10:00 a.m. - Eugene E. Barnett',
Tuesday, September 8, 10:00 am - Thomas J. Wpsocky,. Thatcher Engineering Corporation Wednesday, September 9, 10:00 am - Allen Peterson, NIPSCO Thursday, September.10, 10:00 am - Superintendent,' Indiana Dunes National Lakeshore Thursday, September 10, 1:00 pm - Chief Scientist, Indiana Dunes National Lakeshore Friday, September 11, 10:00 am - William Meyer, U.S. Geological Survey Friday, September 11,1:00 pm - Fatrick Tucci, U.S. Geological Survey Monday, September 14, 10:00 am - Daniel C. Gilles,'_U.S.
. Geological Survey Monday, September 14, 10:00 am - Wayne W. Lampham, U.. S . .
Geological Survey Tuesday, September 15, 10:00 am - Forrest Hiple, NIPSCO Wednesday, September 16, 10:00 am - Mark A.1:ardy, U.S.
Geological Survey Thursday, September-17, 10:00 am - James Marie, U.S. Geological
, Survey l Friday, September 18, 10:00 am - Daniel Willard, School of
- Public and Environmental Affairs, Indiana University
, Monday, September 21, 10:00 am - Sargent & Lundy dewatering l representative Tuesday, September 22, 10:00 am - Carl Kulawinski, NIPSCO Wednesday, September 23, 10:00 am - Richard F Brissette, i
D'Appolonia Consulting Engineers, Inc.
I
, Thursday, September 24, 10:00 am - Stevo Dobrijevic, D'Appolonia.
- Consulting Engineers, Inc.
Friday, September 25, 10:00 am - Ground / Water Technology, Inc.
t representative t
Monday, September 28,.10:00 am - Dumes & Moore dewatering representative r
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. ~.6
.4---
Such a schedule is totally unworkable and unrealistic. It ,
would give counsel no opportunity to adequately review materials to prepare for the depositions, nor would it provide an oppor-tunity-for any other discovery or other types of work to be done in the entire month of September.
Each prospective deponent is a person.with intimate knowledge-of the Bailly plant and/or the Indiana Dunes National Lakeshore.
Each deposition is necessary for adequate preparation of PCCI's case, as is shown in PCCI's " Showing of General Relevance in Support of Applications for Subpoenas," filed this same date.
There might be cases where such an extraordinary schedule is required, but this is not one. An earlier conclusion of discovery would not enable NIPSCO to resume construction.
Wholly apart from the construction permit extention, another prerequisite to resumption of construction is the issuance of~
an amendment to the construction permit to allow short pilings.
! That amendment can only be issued following the hearing ordered by the Court of Appeals on July 1, 1981. As of the date of
- filing this motion, no action with respect to that hearing has i-been taken by the Commission. Moreover, the staff July 17, 1981 filings have necessitated discovery in the construction permit L extension proceeding which we are, pursuant to the July 10 and
, August 3 rulings, initiating on August 11. Thus there is absolutely no reason to force such an extraordinary deposition schedule.
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- m . . - - . . . . . . -
While it may fairly be predicted that NIPSCO will respond to this motion by stridently claiming that PCCI are again-seeking to delay this proceeding, the plain fact is that adher-ence t'o an arbitrary and' unreasonable schedule can serve no
~
valid purpose. It woul'd deprive PCCI of a fair opportunity to prepare for the hearing.
Good cause exists for an extension and fundamental fairness requires that it be~ granted. The time for depositions on admitted contentions should be extended beyond. the September 30 deadline imposed by the-Board.
l DATED: August 10, 1981 Respectfully submitted,
( Robert J. Vollen f
Jane M. Whicher by: - C Jane M. Whicher\
Of%
Attorneys-for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher c/o BPI 109 North Daarborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570
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