ML20010D238

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

ML20010D238
Person / Time
Site:	Bailly
Issue date:	08/18/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108240122
Download: ML20010D238 (6)

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RELtTED ComMSPONDENCE l?e'W  %

UNITED STATES OF AMERICA /h' g NUCLEAR REGULATORY COMMISSION w -

BEFORE THE ATOMIC SAFETY AND LICENSING BOAll h Am 20 M > T3

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g , , t 3 3 :prf g' t,_ f: t WW L.uu 7 In the Matter of ) Docket No. 50-367 g g

) (n NORTHERN INDIANA PUBLIC ) (Construction Permit ' , ; , }-

SERVICE COMPANY ) Extension) , e' (Bailly Generating Station, August 18, 1981 /

Nuclear-1) ) ,

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.h 9 W NORTHERN INDIANA PUBLIC SERVICE COMPANY' S OBJECTIONS

TO THE PEOPLE OF THE STATE OF ILLINOIS' MOTIONFORLEAVE{f, N'Mb O TO FILE APPLICATION FOR DISCOVERY AND INTERROGATORIES / pm INSTANTER AND MOTION FOR PROTECTIVE ORDER G@ M, On August 13, 1981, The People of the State of Illinois (Illinois) filed its " Motion for 4 tve to Pile Application for Discovery and Interrogatories Instanter" along with its first set of interrogatories to the NRC and its third set of interrogatories to Northern Indiana Public Service Company (NIPSCO). Illinois acknowledges it obligation to have filed these discovery requests by August 11, but alleges that they were not timely filed due to "the press of work resulting from the August 3 Board Order" snd "other responsibilities." NIPSCO objects to Illinois' untimely discovery requests and requests an order denying Illinois' request to file interrogatories out-of-time and providing that no response to Illinois' Third Set of Interrogatories to NIPSCO is required. g 3

The Board Order of August 4- provided that if any party can show good cause it can request the Board to authorize  !

-*/ Order (Summarizing Actions Taken at Conference Call of Augunt 3, 1981).

0108240122 81C818 r PDR ADOCK 05000 6 o

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specific additional discovery beyond the established deadline.

This should at least require a show.ing that the specific addi-tional discovery requested is essential, that there are good reasons why such discovery could not have been requested earlier, that no party will be prejudiced in its trial preparation by such additional discovery, and that the hearing would not be delayed thereby. Illinois' only attempt to demonstrate good cause is its claim that the " press of work resulting from the August 3 Board Order" and "other responsibilities" prevented the timely filing of the requested discovery / and that the "importance of this [ requested) discovery is self-evident."- /

These general allegations are not sufficient to justify Board authorization for continuing discovery beyond the established deadline, particularly in view of the extensive discovery already conducted in this proceeding. Illinois indicates that it was not until the Board Order (Summarizing Actions Taken at Conference Call of August 3, 1981) its work load became such that it was l unable to institute its discovery requests on the July 17 Staff l

l Document in a timely manner; ***/ however, no explanation is

-*/ People of the State of Illinois' Motion for Leave to l File Application for Discovery and Interrogatories Instanter (August 13, 1981).

, j/ People of the State of Illinois' Application for Discovery Regarding Staff Documents (August 13, 1981), p. 2.

***/ See / supra.

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t offered'as to why the requested discovery was not initiated before August 3, 1981. The July 10, 1981 Board Order (Closing Discovery) provided that discovery necessitated by issuance of Stuff evaluations would be scheduled by Board order on application by a party within twenty days after the service of the Staff issuance. Thus Illinois was aware from the date of service of the July 17 Staff Document that discovery applications would be required in twenty days. The Order confirming the August 3 conference call merely confirmed the prior July 10 Order and did nothing to alter that discovery deadline. Illinois' excuse that,the August 4 Board Order prevented its timely filing of discovery requests does not excuse its failure to initiate timely discovery requests following service of the July 17, 1981 j Staff Document and cannot support a showing of good cause.

NIPSCO therefore requests that Illinois' Motion for Leave to File Application for Discovery and Interrogatories Instanter l

i be denied and that an order be entered providing that NIPSCO not be required to respond to Illinois' Third Set of Interrogatories i

to NIPSCO.

Respectfully submitted, EICHHORN, EICHHORN & LINK J 5243 Hohman Avenue Hammond, Indiana 46320 By:

Flilliam H. Eiinhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

l Washington, D.C. 20036

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-367

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! NORTHERN INDIANA PUBLIC ) (Construction Permit SERVICE COMPANY ) Extension)

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(Bailly Generating Station, ) August 18, 1981 Nuclear-1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the following documents:

i Northern Indiana Public Service Company's Response to Porter County Chapter Intervenors' Third Set of Interrogatories Northern Indiana Public Service Company's Objev_ ions to Porter County Chapter Intervenors' Third Set of Interrogatories and Motion for Protective Order Northern Indiana Public Service Company's Response

! to the People of the State of Illinois' Second Set of Interrogatories to NIPSCO Northern Indiana Public Service Company's ojections to the People of the State of Illinois' Second Set of Interrogatories and Motion for Protective Order Northern Indiana Public Service Company's Motion to Compel Answers to its Third Sets of Interi gatories j to (1) Porter County Chapter of the Izaak Walton League

of America, Inc. (2) Concerned Citizens Against Bailly Nuclear Site (3) Businessmen for the Public Interest, j Inc. (4) James E. Newman (5) Mildred Warner Northern Indiana Public Service Company's Motion to

! Compel Answers to its Third Set of Interrogatories I to Illinois Northern Indiana Public Service Company's Objections to the People of the State of Illinois' Motion for Leave to File Application for Discovery and Interrogatories Instanter and Motion for Protective Order t

were served on the following by deposit in the United States mail, postage prepaid, on this 18th day of August, 1981:

Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallis, Oregon 97331 Dr. J. Venn Leeds Administrative Judge 10807 Atwell Houston, Texas 77096 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen H. Lewis, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan Sekuler, Esquire Environmental Control Division 188 West Randolph Street Suite 2315 l Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI l

109 North Dearborn Street l Suite 1300 i Chicago, Illinois 60602

Edward W. Osann, Jr., Esquire i

One IBM Plaza Suite 4600 60611

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Chicago, Illinois Robert L. Graham, Esquire j One IBM Plaza 44th Floor Chicago, Illinois 60611

I Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America Local 1010 3703 Eticlid Avenue East Chicago, Indiana 46312 Mr. George Grabowski Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322 RILLIAM H. TICHHORN 4 k%

Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company