ML20004B715

Application for Order Requiring Jg Keppler Attendance & Testimony at Deposition.Keppler Has Direct Personal Knowledge of Matl Facts Not Known to Other Witnesses NRC Has Made Available on Subj

ML20004B715
Person / Time
Site:	Bailly
Issue date:	05/19/1981
From:	Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20004B703	List: ML20004B702 ML20004B706 ML20004B711 ML20004B715 ML20004B718 ML20004B720 ML20004B723 ML20004B724 ML20004B726
References
NUDOCS 8105290343
Download: ML20004B715 (3)

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UNITED STATES OF AMERICA

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C%VJTEa NUCLEAR REGULATORY COMMISSION r-,

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2i BEFORE THE ATOMIC SAFETY AND LICENSING E0ARD CV:

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NORTHERN INDIANA PUBLIC

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Docket No. 50-367 SERVICE COMPANY

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(Construction Permit (Bailly Generating Station,

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Extension)

Nuclear-1)

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PORTER COUNTY CHAPTER INTERVENORS' APPLICATION PURSUANT TO 10 CFR 52.720(h)(2)(i)

Porter County Chapter Intervenors ("PCCI"), by their attorneys, hereby apply to the Board, pursuant to 10 CFR 52.720(h)(2)(i),

for an order requiring the attendance and testimony at his deposition of James G. Keppler, pursuant to Porter County Chapter Intervenors' Notice of Deposition of James G. Keppler being filed simultaneously with this application.

In support of this application, PCCI state as follows:

Ten CFR 52. 720(h)(2)(1) provides that named NRC personnel may be required to give deposition testimony, in certain circumstances.

[T]he presiding officer may, upon a showing of exceptional circumstances, such as a case in which a particular named NRC employee has direct personal knowledge of a material fact not known to the witnesses made available by the Executive Director for Operations require the attendance and testimony of named NRC personnel.

Porter County Chapter Intervenors submit that the requisite circumstances are present in this case to require Mr. Keppler's attendance and deposition testimony.

810529015'\\i5

. The testimony of Mr. Keppler on the matters set forth in the deposition notice is required by PCCI for adequate preparation of their case.

As indicated in the Memorandum for James Sniezek, Director, Division of Resident and Regional Reactor Inspections, IE, from James G. Keppler, Director, Region III, dated January 8, 1981 (served on all parties to this proceeding on January 21, 1981.), Mr. Keppler has direct personal knowledge of material facts concerning the Bailly plant which are the subject of that memorandum, and which could not be known to M. David Lynch, the witness thus far indicated as available by th,e sta,ff.*

Mr.

Keppler is Director of Region III of the Resident and Regional Reactor Inspection division of the NRC's Office of Inspection and Enforcement and as such has been involved in inspecting and monitoring NIPSCO's attempt to build Bailly.

He thus has personal knowledge of material facts pertaining to NIPSCO's quality assurance program, under what conditions Region III will allow NIPSCO to proceed with construction, and other matters set forth in the accompanying Notice of Deposition.

For the foregoing reasons, a finding of exceptional circum-stances under 10 CFR 52. 720(h)(2)(i) should be made, and Mr.

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The deposition of Mr. Lynch, Bailly Proj ect Manager for the NRC staff, has not been taken due to illness in l

Mr. Lynch's family.

See PCCI Response to NRC Staff Motion l

for Protective Order,. filed November 19, 1980.

i

. Keppler should be required to appear for. deposition as set forth in the Notice.

DATED:

May 19, 1981 Respectfully submitted, Robert J. Vollen Jane M. Whicher By:

16 C-Jane M. Whicher Attorneys for Porter County Chapter Intervenors Robert J. Vollen Jane M. Whicher 109 North Dearborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570'

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