ML20010D244

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

ML20010D244
Person / Time
Site:	Bailly
Issue date:	08/18/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	ILLINOIS, STATE OF
References
NUDOCS 8108240144
Download: ML20010D244 (2)

Text

W TEDLt m ;g g'.,,, " >

g-s . /,

UNITED STATES OF AMERICA f/8 ep NUCLEAR REGULATORY COMMISSION kb AUG 20 $8I P ~

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,rg ri ex t . Bil C 9 N hk[ h In the Matter of ) Docket No. 50-367 y y

) c)

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

)

(Bailly Generating Station, ) August 18, 1981 .

.. </,

Nuclear-1) ) , ,

NORTHERN INDIANA PUBLIC SERVICE COMPANY'S OBJECTION @.' ,. S  ;

TO THE PEOPLE OF THE STATE OF ILLINOIS' ,, ,*

SECOND SET OF INTERROGATORIES AND /, g#

8 MOTION FOR PROTECTIVE ORDER I'/

w W\

Northern Indiana Public Service Company (HIPSCO) objects to Interrogatories 12 (c) , 13 (b) and (c) of The People of the State of Illinois' (Illinois) Second Set of Interrogatories .

to NIPSCO for the reasons stated below and requests a protective order providing that no further response to these interrogatories is required.

The objectionable interrogatories read as follows:

"12. a) Does NIPSCO expect groundwater seepage into Bailly N-1 after construction is completed?

b) Describe the basis for the answer to Inter-rogatory #12(a).

c) Identify and describe all communications, whether verbal or written, between NIPSCO and its consultants and between NIPSCO and the NRC regarding post-construction groundwater seepage into Bailly N-1.

13. a) Does NIPSCO plan to seal, in any way, the foundation of Bailly N-l?

b) If so, describe such plans in detail.

c) Describe the basis on which NIPSCO believes that such sealing will be adequate to reduce or eliminate groundwater seepage."

%O3 s/ !(9 0108240144 810818 PDR ADOCK 05000367 0 PDR

- . - _ - . . - _ _ . . ~ , - . - . . - . . . . . - - . . . . . . - . . . . - - - - . . .

• • O D

NIPSCO objects to part (c) of Interrogatory 12 and parts (b) and (c) of Interrogatory 13 because they seek information dealing with the seepage of groundwater into the Bailly nuclear plant after the construction thereof and the plan to seal the ,

foundations of Bailly. Not only do these matters not deal with the extended period of construction, but they were reviewed in the original construction permit proceedings for Bailly and cannot be relitigated in this proceeding. Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1),

7 AEC 557, 589 (1974). The information sought by these inter-rogatcries is not relevant to any matters being considered in this constructiva parmit extension proceeding.

NIPSCO therefore requests a protective order providing that no further response to Interrogatories 12 (c) , 13 (b) and (c) is required.

Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By: I ~'h William H. Ei6hhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut' Avenue, N.W.

Washington, D.C. 20036