ML20010E034
| ML20010E034 | |
| 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 8109020350 | |
| Download: ML20010E034 (2) | |
Text
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e WTED COnnESPONnnm 4 UNITED STATES OF AMERlCA
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5 NJO 2 01981 NUCLEAR REGULATORY COMMISSION C{m/
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD s
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A In the Matter of
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Docket No. 50-367 g
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NORTHERN INDIANA PUBLIC
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(Construction Pe D
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V y SERVICE COMPANY
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Extension) 3 1981 7 @n @gt\\@
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(Bailly Generating Station,
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August 25,
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NORTHERN INDIANA PUBLIC SERVICE COMPANY'S OBJECT
(, f 3 ',"i TO ILLINOIS' MOTION FOR EXTENSION OF TIME TO RESPOND TO NORTHERN INDIANA PUBLIC SERVICE COMPANY'S FOURTH SET OF INTERROGATORIES,AND NORTHERN INDIANA PUBLIC SERVICE COMPANY'S MOTION TO COMPEL RESPONSE l
Illinois has filed a motion for extension of time.to respond to Northern Indiana Public Service Company's (NIPSCO) Fourth Set of Interrogatories.
That request is dated August 20, 1981, 2 days after responses were due.
No excuse is offered for its 4
failure to at least have asked for the extension prior to expiration i
of the time within which responses were to be filed.
By requesting its extension of time af ter the date Enat responses were due and l
depriving the Board of the opportunity to rule on its motion, Illinois has in effect granted itself a de facto extension of time to respond to NIPSCO's discovery request.
This should not be tolerated.
Illinois does not indicate that any effort was made toward l
completion of the discovery request or that any resources were allocated to such an effort.
Illinois' only excuse fr r noncompliance is the often repeated 4' legation that "the press of work resulting from the August 3, 1981 Ecard order" and "other responsibilities" 3
s If0 0109020350 810825 PDR ADOCK 05000367 0
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. have prevented a timely response.
It is difficult to conceive that with all the resources available to the Office of the Attorney General of the State of Illinois, a timely response to a simple discovery request cannot be made.
In this regard it should be noted that Illinois has not filed a timely response to a single disco;ery requcst since the inception of this proceeding.
Illinois' feeble attempt to excuse its failure to comply with NRC regulations is insufficient.
Its request should be denied.
NIPSCO requests the Board to issue an order denying Illinois' request for extension of time, compelling Illinois to respond to i
WIPSCO's Fourth Set of Interrogatories and reminding Illinois that the conduct demonstrated by its latest pleading falls short l
of its responsibility as a party to this proceeding.
Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue f
Hammond, Indiana 46320 l
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By:
William II. Eichhorn t
Attorneys for Northern Indiana Public Service Company l
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LOWENSTEIN, NEWMAN, REIS
& AXELRAD 1025 Connecticut Avenue, N.W.
l Washington, D.C.
20036 I
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