ML20010C326

Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence

ML20010C326
Person / Time
Site:	Midland, Bailly
Issue date:	08/11/1981
From:	Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010C327	List: ML20010C326
References
NUDOCS 8108190354
Download: ML20010C326 (3)

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UNITED STATES OTAMERICA 6 AUG 13 jggt p J3 NUCLEAR REGULATORY COMMISSION -

O!!i:e cf the Se:retary BEFORE THE ATOMIC S AFETY AND LICENSING BOARD B .

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In the hatter of )

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NORTHERN INDIANA PUBLIC ) Docket No. '

77f [f er, SERVICE COMPANY (Bailly ) (Constru ~ t Q,n '

Generating Station, ) Extensi u Nuclear-1. ) ,

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ll S 5 PORTER COUNTY CHAPTER INTERVENORS' C $9 /

THIRD APPLICATION PURSUANT TO $ # gf 10 CFR $2.720(h)(2)(i) f

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Porter County Chapter Intervenors (PCCI), by their attorneys, hereby apply to the Board, pursuant to 10 CFR 52.720(h)(2)(i) for an order requiring the attendance and testimony at deposition of L.G.'Hulman, L.M. Bykowski and William F. Lovelace, pursuant to Porter County Chapter Intervenors ' Notice of Depositions of L.H. hulman, L.M. Bykoski and William F. Lovelace, being filed simultaneously with this application.

Ten CFR 52.720(h)(2)(i) provides that named. NRC personnel may be requireck to appear and give deposition testimony upon a finding the " exceptional circumstances" exist. PCCI submit that the requisite circumstances are present in this case with s respect to each of the three above-named persons, and they should be ordered to appear.

In the NRC staff documents pertaining to the staff evaluation of the requested extension of the Bailly constructidn permit, filed July 17, 1981 by letter of that same date from Stephen DSN 5

H. Lewis, Staff-Counsel, Mr. Hulman and Mr. Bykoski are iden-tified as the staff members who (in addition to M. David Lynch, l

0108190354 810811 d,PDR ADOCK 05000367 PDR.

7 the Bailly project manager), contributed to the " Environmental ,

Impact Appraisal"'section of the referenced NRC staff evaluation.

Mr. Bykoski is further identified in the staff's answers to PCCI's First Set of Interrogatories to the NRC Staff, dated July 24, 1981, in response to Interrogatory 2, as a person uho

" consulted, aided, provided and furnished information for the

' socioeconomic impacts' section of the ' environmental impact appraisal' regarding the extension of construction permit CPPR-104." In response to Interrogatory 9, Mr. Bykoski is identified ,

as a person whom the staff expects to call as an expert witness.

Therefore, the requesite " exceptional circumstances" exist and Mr. Bykoski should be ordered to appear at his deposition as stated in the notice.

L.G. Hulman is similarly identified in the staff's response to Interrogatory 2 as the person who " consulted, aided, provided and furnished information for the ' Installation of the Slurry Wall' section of the 'NRC Staff Evaluation of the Request for An Extension of Construction Permit No. CPPR-104 ... and the

' Impacts of Continued Construction Dewatering' section of the EIA." Further, Mr. Hulman is identified as a person who will be called by the staff as an expert witness. (See staff response to Interrogatory 9) Even more compelling is the statement in a memorandum, dated January 28, 1981, produced

'by NRC staff co.unsel, attached hereto as " Attachment 1",

describing Mr. Hulman as " essential to the Environmental review of the Bailly CP extension action." For the foregoing reasons the requesite " exceptional circumstances" exist and Mr. Hulman should be ordered to appear at his d'epocition as

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-o scheduled in the notice.

William F. Lovelace, is identified in respense to PCCI Interrogatory 2, as the person who " consulted, aided, provided and furnished information on the application of the 'NRC Case-load, Planning Projections for Fiscal Years 1981-85' (March

..1979) to the question of reasonable time to construct the Bailly plant." The rea'sonableness of the requested extension is in issue in this case, and Mr. Lovelace, as the person responsible for _ providing information on the staff's position on this issue, has estimony necessary to PCCI's preparation of its case. " Exceptional circumstances" thus exist with respect to him.

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• For the above reasons, finding of exceptional circumstances under 10 CFR 52.720(h)(2)(i) should be made, and Mr. Hulman, Mr. Bykoski and Mr. Lovelace should be ordered to appear for their depositions as set forth in the accompanying Notice.

DATED: August 11, 1981 Respectfully submitted, Robert J. Vollen Jane M Whicher by: *C ON ,

Robert J. Vollen Jane M'. Whicher Jane M. Whicher Attorneys for Porter County Chapter c/o BPI Intervenors 109 North Dearborn Suite 1300 Chicago,= Illinois 60602 (312) 641-5570