ML20030B900
| ML20030B900 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 08/21/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108250150 | |
| Download: ML20030B900 (4) | |
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8/21/81 UNITED STATES OF Af! ERICA NUCLEAR REGULATORY C0til11SSION KFORETHEATOMICSAFETYANDLICENSINGBOARD In the !!atter of
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(Construction Pemit Extin.s Docket No. 50-367 NORTHERN INDIANA PUBLIC SERVICE
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C0t!PANY
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NRC STAFF'S RESPONSE TO PCCI'S "SECOND HOTION TO WS MN C0!1PEL FURTHER STAFF RESPONSE AND PRODUCTION
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OF 00CUf1ENTS PURSUANT TO PCCI'S SECOND REQUEST"
'g On August 10, 1981, Porter County Chapter Intervenors ("PCCI")
filed its "Second Motion to Compel Further Staff Response and Production of Documcr.ts Parsuant to PCCI's Secont Request."
In its ifotion, PCCI argues that the Staff should be required to provide a " definitive" response as to whether it has produced all of the documents responsive to Paragraphs 4 through 12 of PCCI's Second Request.
PCCI has already asked for precisely this same "cefinitive" response oy its counsei's ietter of July 31. 1981, to Staff counsel.
In our response to that letter (dated August 11, 1981) we stated that the documents provided on July 24, 1981, as supplemented by the documents available in fir. Hulman's office, " constitute all of the documents responsive to [ Paragraphs 4 through 9 and 12 of] PCCI's [Second] request nsol 5
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0108250150 810821 PDR ADOCK 05000367 O
_ which a diligent search of the NRC Staff's files has revealed." We are in the process of reviewing Mr. Hulman's documents to determine which have already been provided to PCCI and we will shortly transmit a copy of the sei.oi.Js to PCCI.
Insofar as PCCI raises the question of the sufficiency of Staff's production being based upon a " diligent search" of its files, that matter has been previously asserted by PCCI and the Staff has expressed the position that All that is required of a party responding to a document request is that it make a diligent search of its files responsive to the request.
(citationomitted).I The Board has yet to rule on PCCI's earlier motion to compel, but the issue is already fully laid before it.
Based upon the above, the Staff submits that there is no deficiency in the Staff's response to PCCI's Second Request (as supplemanted by its letter of August 11,1981) and that PCCI's motion should, therefore, be denied.
Respectfully submitted, 9F km N. Wd q
Stephen H. Lewis Dg Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of August, 1981 Jf NRC Staff Response to "PCCI's nu6 ion to Compel Further Steff Response and Production of Documents" st 3-4 (July 30,1981).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOft BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of p.
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Docket No. 50-367 NORTHERN INDIANA PUBLIC SERVICE hl (Construction Permit Extension}
COMPANY
('ailly Generating Station, h
Nuclear-1 J
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO PCCI'S 'SECOND MOTION TO COMPEL FURTHER STAFF RESPONSE fND PRODUCTION OF DOCUMENTS PURSUANT TO PCC REQUEST'" in the above-captione proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of August, 1981:
Robert L. Graham, Esq.
- Herbert Grossman, Esq., Chairman, One IBM Plaza Administrative Judge Atomic Safety and Licensing Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Robert L. Holton, Administrative Judge 3820 Ridge Road School of Oceanography Highland, Indiana 46322 Oregon State University John Van Vranken, Esq., Chief Corvallis, Oregon 97331 Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 188 West Randolph Street 10807 Atwell Houston, Texas 77096 Chicago, Illinois 60601 Clifford Mezo, Acting President Kathleen H. Shea, Esq.
Local 1010 Lowenstein,Newman,Reis,Axelrad United Steelworkers of America and Toll 3703 Euclid Avenue 1025 Connecticut Avenue, N.W.
East Chicago, Indiar.a 46312 Washington, D.C.
20036 William H. Eichhorn, Esq.
Robert J. Vollen, Esq.
Eichhorn, Morrow & Eichhcrn j
c/o BPI 5243 Hohman Avenue 109 North Dearborn Street Hammond, Indiana 46320 Chicago, Illinois 60602 Atomic Safety and Licensing Edward W. Ocann, Jr., Esq.
Board Panel Suite 4600 U.S. Nuclear Regulatory Connission One IBM Plaza Washington, D.C.
20555
- Chicago, Illinois 60611
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Atomic Safety and 1.i 9nsing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission 4
l Washington, D.C.
20555
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d nn P. Hodgdon Counsel for NRC Staff e
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