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April 10, 1980 s       as               !
April 10, 1980 s
Of                   %
as Of UNITED STATES OF AMERICA coCKETED NUCLEAR REGULATORY COMMISSION s.
UNITED STATES OF AMERICA                         coCKETED NUCLEAR REGULATORY COMMISSION               s.           UsNRO               I
UsNRO I
                                                                  -                              -
                                                                  --
APR 151990 > ::
APR 151990 > ::
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD         f                                 2 Office el th* W oc s etiez & M CS   s-kr-h IN THE FMTTER OF                 )                                 k           M         F
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f
                                                                                                  -
Office el th* W 2
                                    )                                        m NORTHERN INDIANA PUBLIC           )     DOCKET No. 50-367 SERVICE COMPANY                   )
oc s etiez & M CS s-kr-h IN THE FMTTER OF
(Bailly Generating Station,       )     (Construction Permit Nuclear-1)                       )     Extension)
)
PORTER COUNTY CHAPTER INTERVENORS ' VIEWS                                                 '
k M
CONCERNING PREHEARING CONFERENCE TRANSCRIPT
F
    ,
)
Porter County Chapter Intervenors, by their attorneys, hereby respond to the Order Requesting Views Concerr.ing Prehearing Conference Transcript, dated March 28, 1980.           The specific questions posed in that Order and our responser.
m NORTHERN INDIANA PUBLIC
)
DOCKET No. 50-367 SERVICE COMPANY
)
(Bailly Generating Station,
)
(Construction Permit Nuclear-1)
)
Extension)
PORTER COUNTY CHAPTER INTERVENORS ' VIEWS CONCERNING PREHEARING CONFERENCE TRANSCRIPT Porter County Chapter Intervenors, by their attorneys, hereby respond to the Order Requesting Views Concerr.ing Prehearing Conference Transcript, dated March 28, 1980.
The specific questions posed in that Order and our responser.
are as follows:
are as follows:
1., What was your opinion r,f the quality of the transcript?
1.,
                . Undersigned counsel has never seen a less accurate transcript of a judicial or administrative proceeding.         It is in many respects incomprehensible.     Among other things, it omits things that were said; it attributes statements to persons other
What was your opinion r,f the quality of the transcript?
! than those who made them; and it is garbled. We do not believe that the transcrint as it presently exists can be used as a fair,
. Undersigned counsel has never seen a less accurate transcript of a judicial or administrative proceeding.
                                                      ,
It is in many respects incomprehensible.
reliable or accurate report of what was said at the prehearing conference.
Among other things, it omits things that were said; it attributes statements to persons other than those who made them; and it is garbled.
                                                .
We do not believe that the transcrint as it presently exists can be used as a fair, reliable or accurate report of what was said at the prehearing conference.
99
99 s
,
05 P9
!                                                                                  s
_ ___      P9 05    _'    _      --


_  _ _ _ _ _ _
2.
                            '
Can you suggest any method for correcting the transcript so that the positions of the parties as stated at the conference can be fairly reflected?
    .    .
Because of the possibility that much of the inaccuracy and inadequacy in the transcript is attributable to its having been prepared in great haste, one possible method to obtain a better transcript is to request the reporters d
: 2. Can you suggest any method for correcting the transcript so that the positions of the parties as stated at the conference
to prepare another transcript, more slowly and carefully than the existing one was prepared.
                        ,
There are other methods theoretically available to attempt to correct the transcript, including that described in 10 CFR 52.750(b).
can be fairly reflected?
However, in view of the enormity of the' l
Because of the possibility that much of the inaccuracy and inadequacy in the transcript is attributable to its having been prepared in great haste, one possible d
required corrections, any such method is likely to be over-whelmingly time-consuming and is not likely to produce a transcript which is correct to the satisfaction of all interested parties.
method to obtain a better transcript is to request the reporters to prepare another transcript, more slowly and carefully than
3.
                                                                ,
What would you propose that the Board do with respect to the soecial prehearing conference already held and the transcript of that conference, in view of the apparent deficiencies in the transcript?
the existing one was prepared.
Because of the unprecedented nature of this situation and because of the potential significance to the rights of the parties of whatever course is followed, we believe that no decision should be made with respect to the conference already held unless and until a decision is unavoidable.
There are other methods theoretically available to attempt to correct the transcript, including that described in 10 CFR 52.750(b).       However, in view of the enormity of the' l         required corrections, any such method is likely to be over-whelmingly time-consuming and is not likely to produce a transcript which is correct to the satisfaction of all interested parties.
Until all possible avenues I
: 3. What would you propose that the Board do with respect to the soecial prehearing
to obtain an accurate and reliable transcriot afe exhausted, we believe the Board should make no decision as to what should be i -_.
                      ,
conference already held and the transcript of that conference, in view of the apparent deficiencies in the transcript?
                          ,
Because of the unprecedented nature of this situation and because of the potential significance to the rights of the parties of whatever course is followed, we believe that no decision should be made with respect to the conference already held unless and until a decision is unavoidable.       Until all possible avenues I
to obtain an accurate and reliable transcriot afe exhausted, we believe the Board should make no decision as to what should be
                                                            -
i
                                                    -_.


t done in the absence of such a transcript. If it develops that it is impossible to obtain an accurate transcript, we believe that will be the time to deal with the issue of what should be done with respect to the conference already held.
t done in the absence of such a transcript.
DATED:     April 10, 19 80 Respectfully submitted,
If it develops that it is impossible to obtain an accurate transcript, we believe that will be the time to deal with the issue of what should be done with respect to the conference already held.
                                              ,
DATED:
Robert J. VoMen, one of the Attorneys for Porter County Chapter Intervenors
April 10, 19 80 Respectfully submitted, Robert J. VoMen, one of the Attorneys for Porter County Chapter Intervenors Robert J. Vollen 109 N. Dearborn St.
          .
Chicago, IL 60602 (312) 641-5570
Robert J. Vollen 109 N. Dearborn St.
. l
Chicago, IL         60602 (312) 641-5570
~
                                                .
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                                          ~
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Latest revision as of 03:06, 2 January 2025

Views by Porter County Chapter Intervenors in Response to ASLB 800328 Order Re Prehearing Conference Transcript. Preparation of New Transcript by Same Reporters Advisable.No Decision Should Be Made in Absence of Accurate Transcript
ML19310A009
Person / Time
Site: Bailly
Issue date: 04/10/1980
From: Vollen R
VOLLEN, R.J. & WHICHER, J.M.
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML19310A004 List:
References
NUDOCS 8005210016
Download: ML19310A009 (3)


Text

.

April 10, 1980 s

as Of UNITED STATES OF AMERICA coCKETED NUCLEAR REGULATORY COMMISSION s.

UsNRO I

APR 151990 > ::

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f

Office el th* W 2

oc s etiez & M CS s-kr-h IN THE FMTTER OF

)

k M

F

)

m NORTHERN INDIANA PUBLIC

)

DOCKET No. 50-367 SERVICE COMPANY

)

(Bailly Generating Station,

)

(Construction Permit Nuclear-1)

)

Extension)

PORTER COUNTY CHAPTER INTERVENORS ' VIEWS CONCERNING PREHEARING CONFERENCE TRANSCRIPT Porter County Chapter Intervenors, by their attorneys, hereby respond to the Order Requesting Views Concerr.ing Prehearing Conference Transcript, dated March 28, 1980.

The specific questions posed in that Order and our responser.

are as follows:

1.,

What was your opinion r,f the quality of the transcript?

. Undersigned counsel has never seen a less accurate transcript of a judicial or administrative proceeding.

It is in many respects incomprehensible.

Among other things, it omits things that were said; it attributes statements to persons other than those who made them; and it is garbled.

We do not believe that the transcrint as it presently exists can be used as a fair, reliable or accurate report of what was said at the prehearing conference.

99 s

05 P9

2.

Can you suggest any method for correcting the transcript so that the positions of the parties as stated at the conference can be fairly reflected?

Because of the possibility that much of the inaccuracy and inadequacy in the transcript is attributable to its having been prepared in great haste, one possible method to obtain a better transcript is to request the reporters d

to prepare another transcript, more slowly and carefully than the existing one was prepared.

There are other methods theoretically available to attempt to correct the transcript, including that described in 10 CFR 52.750(b).

However, in view of the enormity of the' l

required corrections, any such method is likely to be over-whelmingly time-consuming and is not likely to produce a transcript which is correct to the satisfaction of all interested parties.

3.

What would you propose that the Board do with respect to the soecial prehearing conference already held and the transcript of that conference, in view of the apparent deficiencies in the transcript?

Because of the unprecedented nature of this situation and because of the potential significance to the rights of the parties of whatever course is followed, we believe that no decision should be made with respect to the conference already held unless and until a decision is unavoidable.

Until all possible avenues I

to obtain an accurate and reliable transcriot afe exhausted, we believe the Board should make no decision as to what should be i -_.

t done in the absence of such a transcript.

If it develops that it is impossible to obtain an accurate transcript, we believe that will be the time to deal with the issue of what should be done with respect to the conference already held.

DATED:

April 10, 19 80 Respectfully submitted, Robert J. VoMen, one of the Attorneys for Porter County Chapter Intervenors Robert J. Vollen 109 N. Dearborn St.

Chicago, IL 60602 (312) 641-5570

. l

~

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