ML19346A206

Response in Opposition to Porter County Chapter Intervenors 810420 Motion to Compel Answers to Interrogatories 19,20(a) & 20(b).Answers Responsive.Related Documents & Certificate of Svc Encl.Related Correspondence

ML19346A206
Person / Time
Site:	Bailly
Issue date:	05/29/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK, NORTHERN INDIANA PUBLIC SERVICE CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19346A199	List: ML19346A198 ML19346A203 ML19346A206
References
NUDOCS 8106050389
Download: ML19346A206 (10)

Text

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD \

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In the Matter of ) Docket No. 50-367

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

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(Bailly Generating Station, ) May 29,-1981 Nuclear-1) )

NORTHERN INDIANA PUBLIC SERVICE COMPANY'S ANSWER TO PCCI'S MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES TO NIPSCO By Motion dated April 20, Porter County Chapter Intervenors (PCCI) seek to compal answers to Interrogatories 19, 20 (a) , und 20 (c) from their First Set of Interrogatories to NIPSCO. PCCI alleges that the answers to those interrogatories file'd by Northern Indiana Public Service Company (NIPSCO) on April 8 are "non-responsive."

In NIPSCO's view, the answers are fully responsive as ex-plained in the letter which we addressed to counsel for PCCI on April 28. Counsel's reply of May 19 appears to reject that view. (Copies of both letters are attached for convenience.) /

• / The objection to NIPSCO's Response to Interrogatory 20 (a) has, in our view, been rendered moot by the fact that a new cost estimate is now available. Supplementary responses to Interrogatories 9 (b) and 20(a) are being filed and counsel for PCCI so advised. (See attached letter to Ms. Whicher dated May 29, 1981.)

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NIPSCO urges the Board to deny P'.JCI's Motion to Compel.

Respectfully submitted,

- EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Indiana 46320 By:

William H. Eichhorn Attorneys for Northern Indiana Public Service Company f

LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

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c/o BPI' 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Re: In the Matter of Northern Indiana Public Service .

Company (Bailly Generating Station, Nuclear 1)

Docket No. 50-367 '

(Construction Permit Extension)

Daar Ms. Whicher:

On April 20, 1981, you filed on behalf of Porter County Chapter.

Intervenors (PCCI) a " Motion to Compel Answers to First Set of Interrogatories to NIPSCO." The. purpose of this letter is to attempt to resolve your expressed concerns regarding NIPSCO's Answers to PCCI's First Set of Interrogatories without.the neces-sity of a Board ruling.

With respect to the response to Interrogatory No. 19 NIPSCO attempted to demonstrate that the traffic attributable to the Bailly N-1 construction work force represents only a small per-i centage increase in the traffic currently being handled by U.S.

Highway 12 which is the public roadway closest to the Bailly site. The logical conclusion from this fact would'be that no additional plans are required for re-routing of traffic, upgrading roadway capacity or otherwise providing for anticipated increases in traffic. However, NIPSCO recognized tha,t additional traffic congestica at the plant entrance may occur at shift change times-if the construction work force shift changes coincide with those of Bethlehem Steel employees who use the same entrance to U.S.

Highway 12. Shift times for the Bailly N-1 construction work i

I force have not yet been established and will not be until the various contracts for construction are executed. If at that time it appears that traffic congestion will occur, those shift change times can be staggered.

Beyond this possibility NIPSCO has no other plane called for in PCCI's Interrogatory No. 19, nor are any such plans necessary under the circumstances.

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. 1 ElCHHORN, EICHHORN & LINK Ms. Jane M. Whicher Page 2 April 28, 1981 Interrogatory No. 20 seeks the "date by which NIPSCO expects

[the) latest cost estimate to be completed." As you may know, preparation of a cost estimate for a nuclear plant is a long end detailed process requiring input from many disciplines.

Discussions between the various disciplines are required through-out the estimating process; preliminary results are reviewed and amended following such discussions. The results are published in a book approximately 1 1/2 inches thick and more than 250 pages which is gyain reviewed and amended before the estimate is " completed."s That process is presently on going and the exact completion date is dependent upon the availability of the psople involved in the process and the number of amendments that are made, neither of which can be precisely predicted at this time. Under these circumstances, NIPSCO is simply unable to give you a more definitive answer than "the spring of 1981".

You were also dissatisfied with NIPSCO's response to Interrogatory No. 20 (c) which sought the name, job title and employer of each person other than NIPSCO employees NIPSCO's who is orresponse will be participating gave in preparation of the cost estimate.

you the names and job titles of each S & L Department Manager who is responsible for the work being done by S & L on the cost estimate. That is the onl? information available to NIPSCO.

NIPSCO is, of course, obligated under the rules of discovery to provide requested relevant information which is available to it, but is not required to conduct investigations, surveys or analyses in order to respond to discovery requests. We have i

furnished all information available to NIPSCO in response to your inquiry and simply are unable to provide additional infor-mation without conducting a time-consuming and burdensome survey I

of the various involved Departments of S & L to determine the f

name and title of each individual who is or will be participating l in preparation of the Bailly cost estimate. -

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• / Several examples of such estimates have been produced for your inspection and review in response to PCCI's Second Request for Production of Documents and have been available to you since October 23, 1980, at the office of NIPSCO's Nuclear Staff.

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t EICHHORN, EXCHHORN & LINK Ms. Jane M. Whicher Page 3 April 28, 1981 Under the circumstances, I believe NIPSCO has been fully responsive to your inquiries. Should we obtain additional information which would make the present answers incorrect or misleading, we will, of course, amend those answers.

Please advise us whether this letter resolves your concerns or whether you still desire to pursue the April 20 Motion to Compel.

In the latter event, we will file our formal response with the Board.

Yours very truly, EICHHORN, EICHHORN & LINK By: /

William H. Eldhhbrn

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WHE/dgg cc: Herber', Grossman, Esquire Dr. Robert L. Holton

• Dq. J. Venn Leeds Docketing and Service Section Howard K. Shapar, Esquire Steven Goldberg, Esquire Susan Sekuler, Esquire Edward W. Osann, Jr., Esquire Robert L. Graham, Esquire Mr. Mike Olszanski & Mr. Clifford Mezo Mr. George Grabowski & Ms. Anna Grabowski I

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j May 19, 1981 Mr. William H. Eichhorn Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Re: Northern Indiana Public Service Company (Bailly Generating Station Nuclear-1) Docket No. 50-367 (Construction Permit _ Extension)

Dear Bill:

This letter is in response to your letter of April 28, 1981, which concerns our Motion to Compel Answers to PCCI's First Set of Interrogatories to NIPSCO.

While we share your desire to avoid unnecessary Board rulings ,

th,e method you have chosen in an effort to accomplish that leaves us somewhat confused. Had the factual information in your letter been contained in NIPSCO's " Response" to the Interrogatories, our Motion to Compel probably would no,t have been necessary. However, a lecter from counsel is not, it seems to us, an adequate substitute for sworn answers to interrogatories.

If your letter is intended as an offer to submit amended reponser to Interrogatories 19, 20(a) and 20(c) to include the factual information contained in your letter, the matter can be quickly resolved. Upon receipt of such amended re'sponses in proper form, we would be pleased to notify the Board that we withdraw our Motion to Compel.

Very truly yours, JMW: beg

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Jane M. Whicher

. UM&A One of the Attorneys for Porter cc: See attached County Chapter Intervenors

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. s 2-Letter to William H. Eichhorn May 19, 1981 Page 2 cc: Administrative Judge Herbert Grossman Administrative Judge Robert L. Holton Adininistrative Judge J. Venn Leeds Maurice Axelrad, Esq.

Diane B. Cohn, Esq.

George and Ann Grabowski George Schultz Richard L. Robbins, Esq.

Mike 01szanski Steven C. Goldberg, Esq.

Anne Rapkin. Esq.

Stephen Laudig, Esq.

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section 4

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ra,c. 6. noa May 29, 1981 0,*,',,^;,"^".,',M M.URC EN J N S O Rt M M C M Ms. Jane M. Whicher c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Re: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear 1)

Docket No. 50-367 (Construction Permit Extension)

Dehr Ms. Whicher:

I refer to your letter of May 19, 1981, regarding your April 20 Motion to Compel Answers to your First Set of Interrogatories to NIPSCO. ,

Your Motion to Compel alleged that NIPSCO'.3 answers to Inter-rogatories 19, 20 (a) and 20 (c) were "non-responsive." My letter of April 28 was an attempt to resolve your expressed concerns by explaining our views as to why your allegation is incorrect and why NIPSCO's answers to the interrogatories are indeed responsive. .

Since ej letter of April 28 was dispatched, the new cost estimate for Bailly N-1 has been completed. We are therefore filing supple-mentary answers to (First Set) Interrogatories 9 (b) and 20 (a) as well as a supplementary response to Item 6 (a)_ of your Third Request for Production of Documents. I trust you wxil agree that no motion to compel is required with respect to Interrogatory 20 (a) .

With regard to the answers to Interrogatories 19 and 20 (c) ,

our April 2b effort to resolve your concerns is apparently unsuccessful. Unfortunately, it is therefore necessary to rely upon the Board for resolution and we are filing our Answer to the Motion to Compel.

Yours very truly, EICHHORN, EICHHORN & LINK By: I m William H. Eichhor'n WHE/dgg

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REMTED CCRRSSPOMN' .

. 2';j DOCKETED t UNITED STATES OF AMERICA # ((g , '-3 NUCLEAR REGULATORY COMMISSION sQt p

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

NY,h In the Matter of ) Docket No. 50-367

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

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(Bailly Generating Station, ) May 29, 1981 Nuclear-1) )

i CERTIFICATE OF SERVICE I hereby certify that copies of the following documents:

Northern Indiana Public Service Company's Supplementary Response to:PCCI's First Set of Interrogatories Northern Indiana Public Service Company's Supplemental Response to PCCI's Third Request

• to NIPSCO for Production o'f Documents Letter to Jane M. Whicher from William H.

Eichhorn dated May 29, 1981 Northern Indiana Public Service' Company's Answer to PCCI's Motion to Compel Answers to First Set of Interrogatories to NIPSCO 4

were served on the following by deposit in the United States mail, postage prepaid, on this 29th day of May, 1981:

Herbert Grossman, Esquire, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Robert L. Holton Administrative Judge School of Oceanography Oregon State University Corvallic, Oregon 97331 4

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'Dr. J. Vonn Locdd Administrative Judge 10807 Atwell Houston, Texas 77096 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard K. Shapar, Esquire Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen H. Lewis, Esquire -

Office of the' Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan Sekuler, Esquire Ervironmental Control Division 183 West Randolph Street Suite 2315 Chicago, Illinois 60601 Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois .60602 .

i Edward W. Osann, Jr., Esquire .

One IBM Plaza .

Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire One IBM Plaza 44th Floor Chicago, Illinois 60611 Mr. Mike Olszanski Mr. Clifford Mezo-United Steelworkers of America Local 1010 3703 Euclid Avenue East Chicago, Indiana 46312

! Mr. George Grabowski

! Ms. Anna Grabowski 3820 Ridge Road Highland, Indiana 46322

__l  ?  !!A l RILLIAM H. ETCHHORN Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 j

Attorneys-for Northern Indiana Public Service Company

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