ML20010E017

Renewed Motion for Protective Order Providing Hiple & Kulawinski Not Be Required to Appear for Depositions on 810915 & 22,respectively.Refusal to Reschedule Unwarranted. W/Ltrs & Certificate of Svc.Related Correspondence

ML20010E017
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 8109020334
Download: ML20010E017 (9)

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AUG 2 81981 > T5 UNITED STATES OF AMERICA C

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g

In the Matter of Docket No. 50-367 NORTHERN INDIANA PUBLIC

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5 NORTHERN INDIANA PUBLIC SERVICE COMPANY'S D/

.-g'h' RENEWED MOTION FOR. PROTECTIVE ORDER d[

In response to notices filed by Porter County Chapter Inter-venors (PCCI) to take the depositions of Messrs. Hiple and Kulawinski, both Northern Indiana Public Service Company (NIPSCO)

Vice Presidents, NIPSCO on July 8, and July 24, 1981, filed motions for protective orders stating that the depositions were noticed for a date beyond the date NIPSCO had requested for the close of discovery (July 31) / and beyond the date established by the Board for scheduling of depositions (August 28).

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In response to complaints by PCCI and Illinois, the Board extended l

to September 30, 1981, the date by which depositions must be l

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NIPSCO's Motion for Establishment of Schedule (June 1, 1981).

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Board Order (Closing Discovery) (July 10, 1981).

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In view of the August 4 Board Order, Counsel for NIPSCO advised Counsel for PCCI by letter dated August 10, 1981, that NIPSCO would withdraw its motion for a protective order with respect to all depositions of NIPSCO employees noticed for the month of September but that Messrs. Hiple and Kulawinski had scheduling conflicts which prevented them from being available on the dates scheduled for their depositions, September 15 and September 22, respectively.

Ten alternative dates were-suggested for the taking of Mr. Hiple's deposition and nine for Mr. Kulawinski.

A copy of that letter is attached.

On August 11, 1981, NIPSCO filed its

" Conditional Withdrawal of Motions for Protective Orders" which t

withdrew requests for protect ve orders with respect to certain depositions and set forth the above facts with respect to Messrs.

Hiple and Kulawinski.

On August 17, 1981, Counsel for PCCI advised Counsel for NIPSCO that the depositions of Messrs. Hiple and Kulawinski would not be rescheduled for any of the requested alternative dates.

A copy of the August 17 letter is attached.

The reasons advanced by Counsel for PCCI for not rescheduling the Hiple and Kulawinski j

depositions is that "there are already depositions scheduled for each of the dates mention [ed]" as alternatives except September 29 and 30 on which dates Counsel "will be unavailable'."

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Order (Summarizing Actions Taken at Conference Call of August 3, 1981) (August 4, 1981).

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Counsel for PCCI is incorrect in assuming the depositions have already been scheduled for most of the alternative dates suggested for the Hiple and Kulawinski depositions.

While requests have been made for subpoenas to depose witnesses, the Board has not ruled on those requests and accordingly no depositions have been scheduled for the suggested alternative dates.

Moreover, no determination has been made regarding the availability of the witnesses for which subpoenas have been re"' tested on the dates requested by PCCI.

Thus, PCCI's refusal to reschedule the deposi-tions of Messrs. Hiple and Kulawinski is unwarranted.

Mescrs. Hiple and Kulawinski are not available on September 15 and 22, respectively, but are available on a reasonable number of alternative dates.

To force them to appear on the dates requested by PCCI under the existing circumstances places an unnecessary burden upon them, is oppressive and is sought only for the purporre of harassment.

NIPSCO respectfully requests a protective order providing that Messrs. Hiple and Kulawinski not be required to appear for their depositions on September 15 and 22, respectively, and that the Board schedule the depositions n

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of these NIPSCO employees for any of the alternative dates set forth in the attached letter of August 10, 1981.

Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hohman Avenue Hammond, Irdiana 46320 i

By:

William H.

Eicfihorn Attorneys for Northern Indiana Public Service Company i

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LOWENSTEIN, NEWMAN, REIS

& AXELRAD 1025 Connecticut Avenue, II.W.

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EscHHORN, ElCHHORN & LINK ATTOR N EYS At law

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.oo seaCMamp A.MAMM8MO seauseE EM JOHN D OmiteM ER Mr. Robert J. Vollen c/o BPI 109 North

Dearborn Street.,

Suite 1300 Chicago, Illinois 60602.,____,i,

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In the Matter of Nor,t,h,qrn_ Indiana Public Service (Bailly Generating St.ation,, Nuclear-1)

Company Docket No. 50-367, (Construction Pe,rmit. Extension),

car Mr. Vollen:

July 24,__a,nd,J,uly.2L 19_81, Northern Indiana On June 25, July 8, for Protective

(?]IP,SC,Q),. fi1,ed,J4otions Public Service Company Purcell, Petersen,

, C rders regarding the depos,1,t-i.ogs,o,f, Messrs.the depositions were t.1 q,gr.ound s,that; Hiple and Kulauinski on 1

In view of the Board's scheduled beyond the close.,o f,di.scovery.

i recent order extending thq _datq,Cor,,the taking of deposit ons.up these we will, withdraw those Motions and. produceand Kulawinski o September 30, Hiple for depo sitionn

, _B,owever.,. Mess rs.

scheduling i

now scheduled for September.,15,,a,nd 22,,respectively, have.

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conflicts and are unavailab1_q _on, _thei.r scheduled. deposit on for...t.he,p,urpos,e.o.f,being deposed on any Mr. Hiplo is available J,u,g u s t, 3_ l,.,S e p t e m b e r 2,

3,.4, 8,

10, of the following dates: Kula,winski, _ig.available on.any of the 21, 25, 29 and 30.

Mr.

S e p t e m b e,r,1,, _2,,3,.,4,. 8.,

9, 10, 16 and 17.

for any of the above-following dates:

l Will you please reachedulo _thcqq, deposit; ions mentioned datos.

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,Yours.very truly,

& LINK JIClf, HORN,,EICHHORN

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Business and Professional People for the Public Interest Tslephonr: (312) 041-5570 Chic g2, Illinois 60602

'T 109 North Dearborn Strzt. Sulta 1300 August 17, 1981 Mr. William H. Eichhorn Eichhorn, Eichhorn & Link 5243 Hohman Avenue Hammond, IN 46320 In the Matter of Northern Indiana Public Service RE:

Company (Bailly Generating Station, Nuclear-1) 50-367 (Construction Permit Extension)

Docket No.

Dear Bill:

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

Kulawinski, notice of which was served on June 29, Unfortunately, we are unable to comply with your request that we reschedule these depositions -to any of the dates you filings summarized in Porter mention.

As is clear from recentMotion to Extend Time for Taking County Chapter Intervenors' there are already depositions dated August 10, 1981, scheduled for each o'f the dates you mention, except for September Depositions, 1981 on which dates I will be unavailable.

29 and 30, Very truly ycurs,

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

Service List 3

Directors James W. Ashley Bernard Gordon Atenander Polikoff Staff Dianne L Sautter Director of Develo, ment John C. Bachman Ronald Grrywinski Rudolph S. Rasin Atenander Posikoff Esecutive Ouector M. Selma Wise -

Robert B. LJflon Martin Hausman Jeremy Warburg Russo Julian Derman Robert J. Vollen Community Development GeotDe Cohan Peter Hunt James A.Shapiro General Counsel Daector President teon M. Despres Arnold B. Kanter Dick Simpsco U

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Nancy St e,

B 11 Singer y,",y I,

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tuis E. Diaz Perer Joseph Kellman Carol Y. Tarwell Ellict Lehman Cecil J. Troy Elizabeth L Lassar Jeanne L Yeidel D

W.Iams Steve F6ffer Michael D. Matt:

Robert J.Volisen Jane M. Whicher Administisfive Assistant yg, p,,3,denis Howard A. Learner P ad Leon D. finney John L McKnight tois Weisber0 Afforneys Past Presidents h

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Herbert B. F#ied Eugene Pekow Richard Wolff N0" S',',",'"8 S, herman Staunton "). Flanders Elena B. Mulcahy Morton Weisman

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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Docket No. 50-367

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NORTHERN INDIANA PUBLIC

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(Construction Permit SERVICE COMPANY

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Extension)

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(Bailly Generating Station,

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August 25, 1981 Nuclear-1)

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

Northern Indiana Public Service Company's Renewed Motion for Protective Order Northern Indiana Public Service Company's Motion to Compel Appearances of Messrs, Osann and Read for Deposition Northern Indiana Public Service Company's Objection to Porter County Chapter Intervenors' Motion to Extend Time for Reply to Northern Indiana Public Service Company's Fourth l

Set of Interrogatoties to Porter County l

Chapter Intervenors and :totion to Compel l

Response

Northern Indiana Public Service Company's Objection to Illinois' Motion for Extension of Time to Respond to Northern Indiana Public Service Company's Fourth Cet of Interrogatories and Northern Indiana Public Service Compar:y's Motion to Compel Response were served on the following by deposit in the United States l

mail, postage prepaid, on this 25th day of august, 1981:

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l 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 Corvallis, Oregon 97331 Dr. J. Venn Leeds 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 Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60C01 Robert J. Vollen, Esquire c/o BPI 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 Eoward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 Robert L. Graham, Esquire t

One IBM Plaza 44th Floor Chicago, Illinois 60611 1

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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 M

WILLIAM H.

EICRHORN Eichhorn, Elchhorn & Link 5243 Hohman Avenue Hammond, Indiana 46320 Attorneys for Northern Indiana Public Service Company N

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