ML20010E032

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

ML20010E032
Person / Time
Site:	Bailly
Issue date:	08/25/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109020348
Download: ML20010E032 (4)

Text

, _ _. _ _ _ _ _

Y f UNITED STATES OF AMERICA RELATED ConnESPONDENh/

t NUCLEAR REGULATORY COMMISSION 7y T-t AUG 2 31981 >~5

^#'

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD  ;

~ fi.;,;.n G

1. A In the Matter of ) Docket No. 50-367 .

NORTHERN INDIANA PUBLIC ) (Construction Perm' b SERVICE COMPANY ) Extension) A

) 21- $\

(Bailly Generating Station, ) August 25, 1981 Q g\9g\  ;

Nuclear-1) ) -

g D (b;

\G 4 3 NORTHERN INDIANA PUBLIC SERVICE COMPANY'S .G, ,

MOTION TO COMPEL APPEARANCES OF Q/f #- l t fo MESSRS. OSANN AND READ FOR DEPOSITION On July 30, 1981, Northern Indiana Public Service Company (NIPSCO) filed separate Notices of Deposition of Edward W. Osann, Jr., Agent for Porter County Chapter Intervenors (PCCI) and any representative of the State of Illinois (Illinois) having knowledge regarding the facts upon which Illinois has based its contentions.

The dates for the depositions were August 20 for Mr. Osann and I August 12 for the Illinois representative.

Both PCCI and Illinois have sought protective orders / and l neither produced the requested witness on the scheduled date.

l Illinois' motion identifies Mr. Read as its representative and suggests there are no other dates available before September 30

( for the scheduling of his deposition. Illinois reasons that if the I

Board grants all of the requests for subpoenas for depositions

! of witnesses, nearly every working day in September will be taken I

Illinois' Motion for Protective Order (August 6, 1931); @ O3

~*/

Porter County Chapter Intervenors' Motion for Protective Order (August 13, 1.981).

l I 8109020348 810825 l PDR ADOCK 05000367 l C PDR

r e . .

l for such purpose and thus Mr. Read's Jeposition cannot be taken beforn the last date established by the Board for taking depositions.

As pointed out in NIPSCO's response, / the Board has not granted any requests for subpoenas and accordingly all dates in September are available except September 1 and 9. Illinois should be compelled to produce Mr. Read for deposition on a date prior to September 30, 1981.

PCCI has not, in its request for protective order, stated that alternative dates during the month of September are not available.

j However, discussions with Counsel for PCCI and other PCCI pleadings and correspondence demonstrate PCCI's position to be the same as Illinois', i.e., that because subpoenas for depositions have been requested for nearly every working day in September, no other depositions can be scheduled.- / The obvious result of the tactics of PCCI and Illinois is to prevent any discovery by other parties, to extend the time for discovery in this proceeding ***/ and to i

l delay the completion of this proceeding for as long as the Board will tolerate.

-*/ Response of Northern Indiana Public Service Company to Illinois' Motion for Protective Order (August 10, 1981).

• • / See, e.g., Letter of August 17, 1981, to W. H. Eichhorn from R. J. Vollen regarding alternative dates for the taking of depositions of Messrs. Hiple and Kulawinski (copy attached) .

l

• • • / See Northern Indiana Public Service Company's Response in l Opposition to Porter County Chapter Intervenors' Motion to Extend Time for Taking Depositions (August 17, 1981).

me In view of the above and foregoing, NIPSCO requests an order compelling PCCI and Illinois to produce Mr. Osann and Mr. Read, respectively, for deposition on any day in September other than September 1 and 9.

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

Wi11iam H. Eichhorn Attorneys for Northern Indiana Public Service Company l

l l

LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 i

l i

l -- _ _ _ . _ _ _ _ . _ , - _ _ _ , _. _ _ _ _ _ _ , _ , . . _ . , , _ . _ , , , ___ _ ,, ,

Wy

/ s

.. -,?o q.*

D , Business and Professional People for the Tg!cph::n:: Public(312) Interest 6415570

' 109 North

Dearborn Street,

Sults 1300

• Chicig0,Illin::is 60602 =

J

(--

August 17, 1981 Mr. William H. Eichhorn Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, IN 46320 RE: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1)

Docket No. 50-367 (Construction Permit Extension)

Dear Bill:

10, 1981 This is in response to your letter of AugustHiple and seeking to reschedule the depo.sitions of Messrs.29, 1981.

Kulawinski, notice of which was served on June Unfortunately, we are unable to comply with your request that we reschedule these depositions .to any of the dates you mention. As is clear from recent filings summarized in Porter County Chapter Intervenors' Motion to Extend Time for Takingthere are alrea Depositions, dated August 10, 1981, scheduled for each of the dates you mention, except for September 29 and 30, 1981 on which dates I will be unavailable.

Very truly yours, u

Robert J. Vollen One of the Attorneys for Porter County Chapter Intervenors RJV:pt cc: Service List h

( Directors James W. Ashley Bernard Gosdon Ronald Grrywinski Afesander Porikoff Rudolph S. Rasin Staff Alenander Pohkoff Dianne L Sautier Di'ector of Devatopment Jr*n C. Bachman Esecutive D. . clor M. Selma Wise Robert B. Lifton Martin Hausman Jeremy Warburg Russo Community Deveropment Jdaa Berman James 8 Shapiro Robert J. Vcdlen Detector Pres edent Peter Hunt General Counset George Cohan

• *"" Leon M. Despres Arnold B. Kanter Dick Simpson ugt s W Cass Jr. Nancy Stone 3 Joseph Kellman Bill Singer , ,y ,

• '88#

turs E Dia2-Perez Cecil J. Troy Eliz beth L Lassar Dr W s ams Carol Y. Far.well Elliot Lehman Jeanne L Yeidet V,ce Pressae ,ts ,

Michael O. Maltz Robert J. Votien Jane M. Whicher Admsnistrative Assistant j Steve F l'or Richard P. Kiphart tols Weist arg Howard A. Learner L eon D. Finney John L McKnight Attorneys Fast Presidents 7,,,,,,,,

Staunton 3. Flanders Elena 8. Mulcahy Morton Weisman ed Sherman Eugene Pc6ow Richard Wolff Ron,, evens 5 , yy y If , beinfeld Psibert B. Fried Housing Agends

- .~ _