ML20010C825

Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed

ML20010C825
Person / Time
Site:	Bailly
Issue date:	08/17/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108210055
Download: ML20010C825 (2)

Text

w

% W DJ 7/

, s UNITED STATES OF AMERICA t, NUCLEAR REGULATORY COMMISSION ll -

AUG -

1 a 1981

(

ct: , , , b -5 b .. N,,k?@7 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARf c .smca

~-~ :3 g co In the Matter of ) Docket No. 50-367 co , 4

~

)  !

NORTl!ERN INDIANA PUBLIC ) (Construction Permit ,

SERVICE COMPANY ) Extension) /[ hv <

)

s

( S gh (Bailly Generating Station, ) August 17, 1981 [ D Nuclear-1) ) f

s v p'Q g )j W f NORT!!ERN INDIANA PUBLIC SERVICE COMPANY'S RESPONSE k e/

TO TIIE PEOPLE OF TiiE STATE OF ILLINOIC' ( ,7, __

MOTION FOR EXTENDING TIME FOR TAKING DEPOSITIONS ' 'hi On August 11, 1981, The People of the State of Illinois (Illinois) filed a " Motion for Extending Time for Taking Depo-sitions" which adopts the reasoning set forth in Porter County Chapter Intervenors' (PCCI) Motion to Extend Time for Taking Depositions filed August 10, 1981, and adds the additional reason in its support that Counsel for Illinois would be unable to give attention to her other responsibilities under "the disecvery schedule imposed by the Board." Northern Indiana Public Service Company's (NIPSCO) response to PCCI's motion is also applicable to Ill.inois' motion.

It should be noted that Illinois, other than adopting notices of depositions filed by PCCI, made no requests for depositions unti? June 23, 19811 which was more than ten months after the opening of discovery and three weeks after NIPSCO's motion for

-*/ People of the State of Illinois' First Application for Subpoenas (June 23, 1981).

81082100';5 810817 PDR ADOCK 05000367

• G PDR

establishment of a schedule. / Thus any nardships complained of by Illinois with respect to the present discovery schedule have been self-imposed.

We note further tha: Illinois' claim of its inability to give attention to its "other reedonsibilities" because of the schedule " imposed by the Board" is incorrect. The Board has not " imposed" a schedule on any one, it is PCCI and Illinois which have sought Board authorization to schedule depositions for nearly every working day during the month of September ad now attempt to use this tactic to obtain an extension of the time for discovery.

11] inois ' motion should be denied.

Respectfully submitted, EICIIIIORN , EICIIIIORN & LINK 5243 flohman Avenue IIammond , Indiana 46320 By: 4 William 11. 4Ei, horn n

Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

-*/ Northern Indiana Public Service Company's Motion for Establishment of Schedule (June 1, 1981).

l

_ - - .