ML20010B292

Motion to Extend 810930 Deadline for Taking Depositions. Compliance May Not Be Possible.Schedule Imposes Unreasonable Burden on All Parties.Related Correspondence

ML20010B292
Person / Time
Site:	Bailly
Issue date:	08/10/1981
From:	Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108140328
Download: ML20010B292 (5)

Text

e __ _

f((Il[fq, W14FA.cpluu SPONDENCB 81lol8I lff f am a

" ( UNITED STATES OF AMERICA  !!- AUS 121981 >

f fil L NUCLEAR REGULATORY COMMISSION 3 3 " 1. 3 N - ~

-4 [T 4;...

sn

. (r. Raica BEFORE THE ATOMIC SAFETY AND LICENSING BOA Eag) 6 i u.u d s y 'g

%. a co

'/h a Matter of )

RfTQ ' NORTHERN INDIANA PUBLIC )

) Docket No. 50-367 SERVICE COMPANY ) (Construction (Bailly Generating Station, ) Permit Extension)

Nuclear-1) )

PORTER COUNTY. CHAPTER INTERVENORS' if0 TION TO EXTEND TIME FOR TAKING DEPOSITIONS In a telephone conference call on August.3, 1981, the Chairman of the Licensing Board directed that all depositions concerning admitted contentions in this proceeding, including those depositions for which subpoenas have been applied but which have not yet been issued, be taken by September 30, 1981, and that notices be served by August 10. Porter County Chapter Intervenors ("PCCI") have complied with that direction by serving their " Notice of Depositions for Which Application Has Been Made for Subpoenas" on August 10, 1981.

PCCI hereby move the Board to extend the September 30, 1981 deadline for taking those depositions. It is not at all clear whether compliance with the schedule necessitated by the Septem-ber 30 deadline is even possible. Much of it depends on the unknowns of the timing of the issuance and service of the subpoenas and the availability of the witnesses. But, even if compliance is possible, it would impose a totally unreason-able burden on all parties to this proceeding with no corres-ponding ber.efit to any party.

Y

//

geg85!"oMSh 3'd 0

..- -i4 ,

b Under the schedule established'by the Notices served by.

PCCI and by the State of Illinois on August li0, and by notices previo,usly. served, at least one, and in threeLinstances two, depositions will be taken on e.ach and every week-day in the month of September. The only exceptions are that no. depositions have been scheduled for September 7 which is Labor Day, and for September 29 and 30, 1981, which are part of the Jewish High Holidays during which the lead attorney for'PCCI will be unavailable.

E' The remainder of August is~ scheduled with other matters, including depositions previously noticed and activities related to the-effort to comply with the August 28,.1981 deadline concerning the NEPA contentions. Each of the depositions which are scheduled during September are ones for which subpoenas had been applied (some as early as June) or were noticed before the Board's oral ruling on August 3, 1981 that depositions on admitted contentions should be completed by the .end.of September. ,

The existing deposition schedule for September is as follows:

Tuesday, September 1, 10:00 am -James Purcell, NIPSCO -

Wednesday, September 2, 10 : 00 am - D. L. Leone , Sargent & Lundy Engineers Thursday, September 3, 10:00 am - G.A. Chauvin, Sargent &

Lur dy Engineers

. -a Friday,' September 4, 10:00 a.m. - Eugene E. Barnett',

• C.F. Braun & Co.

Tuesday, September 8, 10:00 am - Thomas J. Wpsocky,. Thatcher Engineering Corporation Wednesday, September 9, 10:00 am - Allen Peterson, NIPSCO Thursday, September.10, 10:00 am - Superintendent,' Indiana Dunes National Lakeshore Thursday, September 10, 1:00 pm - Chief Scientist, Indiana Dunes National Lakeshore Friday, September 11, 10:00 am - William Meyer, U.S. Geological Survey Friday, September 11,1:00 pm - Fatrick Tucci, U.S. Geological Survey Monday, September 14, 10:00 am - Daniel C. Gilles,'_U.S.

. Geological Survey Monday, September 14, 10:00 am - Wayne W. Lampham, U.. S . .

Geological Survey Tuesday, September 15, 10:00 am - Forrest Hiple, NIPSCO Wednesday, September 16, 10:00 am - Mark A.1:ardy, U.S.

Geological Survey Thursday, September-17, 10:00 am - James Marie, U.S. Geological

, Survey l Friday, September 18, 10:00 am - Daniel Willard, School of

Public and Environmental Affairs, Indiana University

, Monday, September 21, 10:00 am - Sargent & Lundy dewatering l representative Tuesday, September 22, 10:00 am - Carl Kulawinski, NIPSCO Wednesday, September 23, 10:00 am - Richard F Brissette, i

D'Appolonia Consulting Engineers, Inc.

I

, Thursday, September 24, 10:00 am - Stevo Dobrijevic, D'Appolonia.

Consulting Engineers, Inc.

Friday, September 25, 10:00 am - Ground / Water Technology, Inc.

t representative t

Monday, September 28,.10:00 am - Dumes & Moore dewatering representative r

e

. ~.6

.4---

Such a schedule is totally unworkable and unrealistic. It ,

would give counsel no opportunity to adequately review materials to prepare for the depositions, nor would it provide an oppor-tunity-for any other discovery or other types of work to be done in the entire month of September.

Each prospective deponent is a person.with intimate knowledge-of the Bailly plant and/or the Indiana Dunes National Lakeshore.

Each deposition is necessary for adequate preparation of PCCI's case, as is shown in PCCI's " Showing of General Relevance in Support of Applications for Subpoenas," filed this same date.

There might be cases where such an extraordinary schedule is required, but this is not one. An earlier conclusion of discovery would not enable NIPSCO to resume construction.

Wholly apart from the construction permit extention, another prerequisite to resumption of construction is the issuance of~

an amendment to the construction permit to allow short pilings.

! That amendment can only be issued following the hearing ordered by the Court of Appeals on July 1, 1981. As of the date of

filing this motion, no action with respect to that hearing has i-been taken by the Commission. Moreover, the staff July 17, 1981 filings have necessitated discovery in the construction permit L extension proceeding which we are, pursuant to the July 10 and

, August 3 rulings, initiating on August 11. Thus there is absolutely no reason to force such an extraordinary deposition schedule.

.e.-, . . . _ , . _ . -.,m,..,.. . . . , , . . . . . - , . . . _ , , . , _ . . . , ,, - -a

- m . . - - . . . . . . -

While it may fairly be predicted that NIPSCO will respond to this motion by stridently claiming that PCCI are again-seeking to delay this proceeding, the plain fact is that adher-ence t'o an arbitrary and' unreasonable schedule can serve no

~

valid purpose. It woul'd deprive PCCI of a fair opportunity to prepare for the hearing.

Good cause exists for an extension and fundamental fairness requires that it be~ granted. The time for depositions on admitted contentions should be extended beyond. the September 30 deadline imposed by the-Board.

l DATED: August 10, 1981 Respectfully submitted,

( Robert J. Vollen f

Jane M. Whicher by: - C Jane M. Whicher\

Of%

Attorneys-for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher c/o BPI 109 North Daarborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570

.r . i . * . . . . . . . . . . .: 3(p .. .. .. . . ,

_ 7_ ne_: s =_ j j_ N^ _I