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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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NU R OR H ION- (
AUG 111981 > -
J BEFORE THE ATOMIC SAFETY AND LICENSING BOAp g , m g g n Ex6 s:mce In the Matter of ) ,
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) A u NORTHERN INDIANA PUBLIC ) Docket No. 50- g Amr,, e SERVICE COMPANY ) (Constructio 3 (Bailly Generating Station, ) Extension) 6 Nuclear-1) ) A-g i fM 9e87 r
.t PORTER COUNTY CHAPTER INTERVENORS'- -
u.s.e g M C RESPONSE TO NIPSCO'S MOTION TO ' {
COMPEL ANSWERS TO ITS '
,s ' ' .
SECOND SETS OF' INTERROGATORIES N'f '
'g4 '
NIPSCO's Motion to Compel, dated July 21, 1981, is filled with vituperative rhetoric, snide comments and personal attacks directed'to Porter County' Chapter Intervenors (PCCI) and their counsel. The apparent effort to divert attention from the _ obvious deficiencies and ambiguities in NIPSCO's interrogatories should be rejected. The plain-thrust of NIPSCO's motion, amidst the innuendo ahd challenges to PCCI's motives is to provide " definitions" for the very phrases which PCCI submits are ambiguous and NIPSCO claims are " clear". NIPSCO's post hoc efforts to correct its deficient interrogatories concede the validity of PCCI's objections.
The unwarranted and unjustified attacks upon PCCI and their counsel by NIPSCO can neither hide nor correct those deficiencies.
- 1. " Extended period of construction" D9# 3 Interrogatories containing this phrase, to which PCCl lI obj ected, are based on PCCI's Contentions , which are contained in Joint Intervenors' First Supplement to Petition for Leave' to Intervene (February 26, 1981). NIPSCO has filed three separate
-requests for new latest completion dates for the Bailly construction hh 38 910805 1 G K 05000367I PDR
w -
permit, two of which were submitted before the date of the First Supplement and one after. PCCI do not know to what requested period the phrase is intended to refer. Therefore, it'is not at all clear to what " extended period of construction" NIPSCO refers. NIPSCO's assertion that "{i]n this context, it is clear that the ' extended period of construction' refers to the period between those dates (i.e., September 1, 1979,to December 1, 1989)"
(NIPSCO Motion at p. 3) is entirely without basis.
The interrogatories provide no basis for the conclusion now ascerted by NIPSCO that " extended period of construction" is identical to the new " latest completion date" sought by NIPSCO. PCCI do not know if NIPSSO intends to, or will in fact engage in construction during the entire period sought. NIPSCO's after-the-fact attempt to supply a defirition cannot cure the defect in these interrogatories. NIPSCO is seeking to compel answers to interrogatories it has not asked and its motion should be denied.
- 2. " Assessed" and "environnental assessment" In a similar manner, NIPSCO attempts post hoc to provide a -definition for its term " assessment" in some of the interrogatories, with reference to an "assessnent" performed "in connection with" the issuance of the Bailly construction permit." The motion, but not the- interrogatories defines the assessment as "that action by the Atomic Energy Commission, including the Staff, Licensing Board, ana Appeal Board..." (NIPSCO Motion at p. 4). But prior to the motion 1and on the face of the interrogatories, there was no way to know into whose assessmenta NIPSCO was inquiring. The assessment by NIPSCO "in connection with" the issuance of the
m ~_
H' ,
_3 construction permit was quite different,. for example, than the assessment by the Joint Intervenors, which in turn, was quite -
different than the assessment by th AEC Staff. NIPSCO should clarify its interrogatories at the time it propounds them, not by a - subsequent motior to compel. Its present motion, to compel answers to interrogatories it has not propounded, should be denied.
- 3. " Incremental envirc amental impact" This objection is stated with respect to Interrogatory 15(a) and the term also appears in Interrogatory 16. Interroga-tory 15(a) aske a series of questions regarding "an incremental environmental impact." Obviously, for an impact to be "increnental"-
to something, there must be a reference to an already existing
'.mpact, yet a description of such an impact is not contained in the interrogatories. Consequently, no answer is possible. 3/
PCCI's objection should be sustained and NIPSCO's motion should be denied. .
4 " Extra period of dewatering" PCCI objected to answering interrogatories containing this term because this term is undefined. NIPSCO submits that the period to which it refers is " clear" "in the context" of the intt:rogatory, but nonetheless states in the motion that " Inter-
$/ NIPSCO's attempt to supply a dictionary definition for the term "increnent" (Motion at-p. 6) is similarly unhelpful because the impact to which the requested impact is "incre-nental" is still not stated.
c L
s x
_~
venors may assume that general construction dewatering continues for 30 months after construction resumes...." (p. 6 note **).
That suggestion as to what PCCI may assune concerning the " general" construction dewatering concedes the inadequacy of the interro-gatory as propounded, even if there were any requirement for a
party to make any assunptions in order to answer interrogatories.
NIPSCO's motion should be denied. ,
- 5. Interrogatory 19 Each subpart of the interrogatory asks PCCI's contention regarding "different groundwater levels" (19(a)), "different direction or rates of groundwater flow" (19(b)), "different chemical characteristics" (19(c)), and "differen[ces] in any other respects" (19(d)). None of the things with which the levels, directions and rates of flow, or chemical characteristics are to be contrasted are specified. Therefore, the interrogatory is unanswerable.
Further, the " distances of 700 feet, 1/2 mile and 1 mile from the excavation" a; used in the interrogatory are susceptible to different interpreca. ions. Although its precise dimensions
- / Moreover, in its Motion to Compel further answers of Illinois, filed June 22, 1981, at page 6 note *, NIPSCO stated that:
" Illinois may assume that devaterin g continues throughout that period (i.e., until December 1, 1989)..." Subsequently, NIPSCO responded to an interrogatory from the State of Illinois by stating: " General construction dewatering is now being conducted and will be required foi the period of time necessary to bring the facility foundations o grade level. This is
' estimated to be between 18 to 30 months after construction resumes." (Northern Indiana Public Service Company's Response to the People of the State of Illinois' Firct Set of Interrogatories to NIPSCO in response to Interrogatory 8(a), filed July 8, 1981, at p. 6). Thus, even NIPSCO cannot determine what the " extra period of dewatering" will be.
In addition, the NRC Staff has estimated this period as "two to three years after construction is resumed." " Environ-mental Impact Appraisal", cated July 17, 1981, at p . 3.
- a. -
+
are not presently known to PCCI, the excavation is at least hundreds of feet in width and more than that in length .. The point in that very large excavation from which the distances are to be measured is not stated. There may, in fact, be i differences in neasurements depending on at what point in the excavation one is measuring from. NIPSCO has not supplied such a point. NIPSCO's motion should be denied.
- 6. Interrogatory 27 NIPSCO again attempts to supply a definition for a previously undefined term. In this case, NIPSCO defines the term " rely" with a dictionary definition and the additional specification j- that such reliance is "for any purpose in this proce'eding" (NIPSCO Motion at p. 8). As shown above, such a post hoc attempt to correct a deficient interrogatory is inadequate to compel an i
answer to the interrogatory. NIPSCO's motion should be denied.
l 7. Interrogatory 21
! NIPSCO contends this answer is " deficient" because PCCI did not specify the transcript pages to which they refer in their i
l answer. However, NIPSCO itself has given a similar answer in r
~
"NIPSCO's Response to PCCI's Second Set of Interrogatories" dated June 8, 1981. In response to Interrogatory.7, NIPSCO states that "21 geological investigations were referenced in the testi-mony of NIPSCO witnesses during the construction permit hearing."
NIPSCO certainly has had the opportunity to ask a follow-up interrogatory requesting citations. It declined and.should-not I- be allowedL eo propound such an interrogatory indirectly: by way
- of this motion to coupel. Similarly,.the dispute with PCCI's 1
g -,- , - -~ n-en-, , , - ,-.n e ~ -m-- , m- r - n-,, ,,_--y n-,,+,,,e e s--,- a --
answer to 21(c) is without merit. All of the referenced studies are public documents and aca equally available to MIPSCO.
PCCI inadvertently omitted its response to Interrogatory 22(h). The response which should have been included is: "22(h)
No response is required in view of the responses to 22(b) through 22(f)." PCCI apologize for this typographical error and hope that its omission did not cause great inconvenience.
- 8. Execution of answers and objections N1PSCO's technical objection to the form of signature provided for interrogatory answers has previously been fully briefed. The answers are clearly those of the parties and NIPSCO's rcotion should be denied.
On the grounds set forth above, NIPSCO's motion should be denied, and PCCI's objections to NIPSCO's interrogatories should be sustained.
Respectfully submitted, DATED: August 5, 1981 Robert J. Vollen Jane M. Whicher By: ,saw 'k - Sthr '~
Jane M. Whicher One of the Attorneys for Porter Robert J. Vollen County Chapter Intervenors Jane M. Whicher 109 N.'
Dearborn,
St. 1300 Chicago, IL 60602 (312) 641-5570
C *b UNITED STATES OF AMERICA -
NUCLEAR RECULATORY C0!1111SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
~
In the Matter of )
)
NORTHERN INDIANA PUB 1IC ) Docket No. 50-367 SERVICE COMPANY ) (Construction Permit (Bailly Generating Station, ) l'x t en s ion)
Nuclear-1) )
CERTIFICATE OF SERVICE I hereby certify that I served copies of Porter County Chapter Intervenors' Response to NIPSCO's Motion to Compel Answers to its Second Sets of Interrogatories on all persons on the attached. service list, by causing them to be deposited in the J.S. mail, first class postage prepaid, on this 5th day of August, 1981.
DATED: August 5, 1981. Robert J. Vollen Jane M. Whicher By: dE -
sv 1%'D -
Jane M. Whicher Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher c/o BPI 109 N. Dearborn Suite 1300 Chicago, IL 60602 (312) 641-5570 L . _ _ _ _ _ _ _ - _ - _ - - - - - - - _ _ _ _ _ _ _ _ _ - - __
I 3
SERVICE LIST lierbert Grossman, Esq. Gerry.e & Anna Grabowski Administrative Judge 3820 itidge Road Atomic Safety & Licensing lii gh l a n d , Indiana 46322 Board Panel U.S. Nuclear Regulatory Dr George Schultz Commission 807 C Coolspring Road Washington, D.C. 20555 M i c h i t',a n C i t y , Indiana 46360 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Co rva llis , Oregon 97331 I
Mr. Mike Olszanski Mr. Clifford Mezo Local 1010 - United Steelworkers Dr. J. Venn Leeds of America Administrative Judge 3703 Euclid Avenue 10807 Atwell East Chicago, Indiana 46312 llouston, Texas 77096 S tephen 11. Lewis , Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Cormaission Maurice Axelrad. Esq. Uashington, D.C. 20555 Kathleen H. Shea, Esq.
Lowenstein, Newman, Reis, Anne Rapkin, Asst. Attorney Genera)
Axelrad and Toll John Van Vranken, Environmental 1025 Connecticut Ave., N.U. Control Division
'Ja s hing tott D.C. 20036 188 U Randolph - Suite 2315 Chicago, Illinois 60601 William II. Eichhorn, Esq.
Eichhorn, Eichhorn & Link Docheting & Service Section (M 5243 Hohman Avenue Offi.ce of the Secretary Hammond, Indiana 46320 U.S. Suelear Regulatory Commission Washington, D.C 20555 Diane B. Cohn, Esq.
William P Schultz, Esq. Stephen Laudig, Esq.
Suite 700 21910 Cumberland Road 2000 P Street, N.W. .;oblesville, Indiana 46060 Washington, D.C. 20036 Atomic Safety & Licensing Board Panel U.S . fluelcar Regulatory Commis s ion Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555