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Category:INTERROGATORIES; RESPONSES TO INTERROGATORIES
MONTHYEARML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010C1581981-08-11011 August 1981 Seventh Request for Production of Documents,Directed to Util.Related Correspondence ML20010C2481981-08-11011 August 1981 Fifth Request for Production of Documents Directed to Nrc. Related Correspondence ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C1421981-08-11011 August 1981 Application to ASLB for Discovery on Listed NRC Documents. Certificate of Svc Encl.Related Correspondence ML20010C1531981-08-11011 August 1981 Third Set of Interrogatories Directed to Nrc.Related Correspondence ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010B3221981-08-0303 August 1981 Supplemental Answers to Util Second Set of Interrogatories. Lists Some Rare Species Which Could Disappear from Dunes Ecosystem.Change in Shape of Cone of Depression Is Relevant in Determining Water Changes.Certificate of Svc Encl ML20010B3201981-08-0303 August 1981 Answers to Util Third Set of Interrogatories Re Dewatering.Experiences at River Bend Units 1 & 2 & Caorso,Italy Suggest That Water Infiltration Consititutes Problem Needing Remedial Steps.Related Correspondence ML20009H2371981-08-0303 August 1981 Answers & Objections to Util Third Set of Interrogatories Re Const Dewatering,Util Mitigation Plan & Water Tables. Certificate of Svc,Affirmation & 810803 Ltr Encl.Related Correspondence ML20009G9031981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to State of Il.Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories.Related Correspondence ML20009G9011981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to M Warner. Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories ML20009H4891981-07-31031 July 1981 Second Set of Interrogatories Directed to NRC Re Site Dewatering & Replacement Water Levels.Related Correspondence ML20009G9061981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to Businessmen for Public Interest.Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories.Related Correspondence ML20009H4921981-07-31031 July 1981 Fourth Request for Production of Documents Directed to Nrc. Related Correspondence ML20009H4911981-07-31031 July 1981 Fourth Set of Interrogatories Directed to Util Re Site Dewatering.Related Correspondence ML20009G9041981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to Je Newman.Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories.Related Correspondence ML20009G9091981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to Concerned Citizens Against Bailly Nuclear Site.Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories. Related Correspondence ML20009G9101981-07-31031 July 1981 Amend to Fourth Set of Interrogatories Directed to Porter County Chapter Intervenors.Interrogatories 42(c) & 45(c) Have Incorrect Ref to Other Interrogatories.Related Correspondence ML20009G8741981-07-30030 July 1981 Fourth Set of Interrogatories Directed to State of Il Re Basis for Allegations,Identification of Investigations NRC Did Not Perform & Disagreements W/Nrc Evaluation of Request for CP Extension.Related Correspondence ML20009H0451981-07-30030 July 1981 Third Set of Interrogatories Directed to Util.Related Correspondence ML20009G8931981-07-30030 July 1981 Fourth Set of Interrogatories Directed to Porter County Chapter Intervenors Re Basis for Allegations & Disagreement W/Nrc Evaluation of Request of CP Extension.Related Correspondence ML20009G9561981-07-30030 July 1981 First Request for Production of Documents Upon Which Je Newman Relied on in Formulating Contentions.Related Correspondence ML20009G8791981-07-30030 July 1981 Fourth Set of Interrogatories Directed to M Warner Re Basis for Allegations & Basis for Answers Supporting Conclusions That Good Cause Does Not Exist to Extend Cp.Related Correspondence ML20009G8731981-07-30030 July 1981 Fourth Set of Interrogatories Directed to Je Newman Re Basis for Allegations & Disagreements W/Nrc Evaluation of Request for CP Extension & W/D'Appolonia Assessment of Dewatering Influence.Related Correspondence ML20009G9531981-07-30030 July 1981 First Request for Production of Documents Upon Which Businessmen for Public Interest Relied on in Formulating Contentions.Related Correspondence ML20009H0491981-07-30030 July 1981 Fifth Request to Northern in Public Svc Co for Production of Documents Described in Response to Intervenor Third Set of Interrogatories.Related Correspondence ML20009G9451981-07-30030 July 1981 First Request for Production of Documents Upon Which Porter County Chapter Intervenors Relied on in Formulating Contentions.Related Correspondence ML20009G9471981-07-30030 July 1981 First Request for Production of Documents Upon Which Concerned Citizens Against Bailly Nuclear Site Relied in Formulating Contentions.Related Correspondence ML20009G9931981-07-30030 July 1981 First Request for Production of Documents Upon Which M Warner Relied in Formulating Contentions.Related Correspondence ML20009G9501981-07-30030 July 1981 First Request for Production of Documents Upon Which State of Il Relied on in Formulating Contentions.Related Correspondence ML20009G9171981-07-30030 July 1981 Fourth Set of Interrogatories Directed to Concerned Citizens Against Bailly Nuclear Site Re Basis for Allegations & Disagreements W/Nrc Evaluation of Request for CP Extension. Related Correspondence ML20009G8711981-07-30030 July 1981 Fourth Set of Interrogatories Directed to Businessmen for Public Interest,Inc Re Basis for Allegations & Disagreements W/Nrc Evaluation of Request for CP Extension.Related Correspondence ML20009E3061981-07-23023 July 1981 Response Opposing Porter County Chapter Intervenors' 810519 Fourth Request for Production of Documents.Request Is W/O Merit & Should Be Denied ML20009D0441981-07-15015 July 1981 Response Opposing Util Second Motion to Compel Answers to Second Set of Interrogatories.Certificate of Svc Encl ML20009B5391981-07-10010 July 1981 Motion for Extension Until 810803 to File Answers or Objections to Util 810622 Third Set of Interrogatories. Extension Will Not Prejudice Any Party.Certificate of Svc Encl ML20009B7001981-07-0808 July 1981 Response to State of Il First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20004G1111981-06-22022 June 1981 Third Set of Interrogatories Directed to M Warner Re Permit to Extend Period of Const Dewatering & Proposed Water Replacement Program.Related Correspondence ML20004G1041981-06-22022 June 1981 Third Set of Interrogatories Directed to Je Newman Re Permit to Extend Period of Const Dewatering & Proposed Water Replacement Program.Related Correspondence ML20004G1071981-06-22022 June 1981 Third Set of Interrogatories Directed to State of Il Re Depth of Dewatering Required After Completion of Foundation.Certificate of Svc Encl.Related Correspondence ML20004G1161981-06-22022 June 1981 Third Set of Interrogatories Directed to Businessmen for Public Interest,Inc Re Dewatering Effects on Lakeshore. Related Correspondence ML20005A1021981-06-22022 June 1981 Third Set of Interrogatories Directed to Porter County Chapter of Izaak Walton League of America,Inc Re Permit to Extend Period of Const Dewatering & Proposed Water Replacement Program.Related Correspondence 1982-03-23
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126M8141985-05-23023 May 1985 Order Denying Business & Prof People for Public Interest Application for Atty Fees Under Equal Access to Justice Act. Commission FY82 Appropriation Act Prohibited Funding of Intervenors.Served on 850523 ML20058J0861982-08-0606 August 1982 Order Holding Intervenor Business & Prof People for Public Interest Request for Award of Atty Fees & Expenses Under Equal Access to Justice Act Until Question of Availability of Funds Solved.Nrc Will Seek Comptroller General Opinion ML20054J0811982-06-18018 June 1982 Notice of ASLB Reconstitution.H Grossman,Chairman & K Mccollom & Rl Holton,Members ML20054F9471982-06-0707 June 1982 Memorandum Supporting Business & Prof People for Public Interest Application for Award of Atty Fees & Expenses ML20053E6801982-06-0404 June 1982 Application for Award of Fees & Expenses Under Equal Access to Justice Act.Fees Requested for Svcs Re Proceedings on Proposed Amend to CP to Extend Completion Date & Proposed Amend to Allow Foundation of Short Pilings ML20053E6821982-06-0404 June 1982 Affidavit of Rj Vollen Re Costs & Legal Svcs Provided ML20053E6831982-06-0404 June 1982 Affidavit of Jm Vollen Re Costs & Legal Svcs Provided ML20053E6851982-06-0404 June 1982 Memorandum of Law Supporting Application for Award of Fees & Expenses Under Equal Access to Justice Act.Proceedings Pending on Effective Date of Act,Party Prevailed & Amount of Fees & Expenses Compensable.Certificate of Svc Encl ML20053E6841982-06-0303 June 1982 Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys ML20052C7281982-04-29029 April 1982 Answer Objecting to & Proposing Mods to ASLB 820412 Memorandum & Order.Objects to Proposed Order Calling for Immediate Termination of Proceedings.No Assurance Util Will Comply If Proceedings Terminated.W/Certificate of Svc ML20050A5201982-03-29029 March 1982 Response Opposing Porter County Chapter Intervenors 820323 Pleading.No Legal Authority Shown for Intervenor Attempt to Exercise NRC Responsibility for Monitoring Compliance W/Aslb Orders.Certificate of Svc Encl ML20049K0791982-03-23023 March 1982 Motion for Leave to Take Limited Discovery.Suppls Position Re Timing of Termination of Proceeding.Util Refusal to Supply Intervenors W/Info Re Compliance W/Aslb 820129 Order Illustrates Need for Jurisdiction.W/Certificate of Svc ML20049K0821982-03-23023 March 1982 First Interrogatory Re Site Restoration ML20069B8901982-03-0101 March 1982 Response Opposing Util 820210 Motion for Reconsideration of 820129 Order.No Legal Basis Presented for Util Argument That ASLB Exceeded Jurisdiction.Certificate of Svc Encl ML20041A4721982-02-16016 February 1982 Motion for Reconsideration of ASLB 820129 Order Requiring Implementation of Revised Plan.Aslb Course Falls Short of ASLB Responsibility to Issue Timely Rulings,Is Unfair to Util & Exceeds ASLB Authority.Certificate of Svc Encl ML20040C7011982-01-25025 January 1982 Responses Opposing Porter County Chapter Intervenors 820108 Motion for Order Imposing Condition of Withdrawal.Nrc Unauthorized to Require Applicant to Pay Intervenors' Fees & Expenses.Certificate of Svc Encl ML20039G0811982-01-0808 January 1982 Motion for Order Imposing Condition Upon Withdrawal of Util Application.Expenses Incurred by Intervenor Were Substantial & Info Developed in Discovery Cast Doubt on Merits of Util Application.Certificate of Svc Encl ML20039C2601981-12-22022 December 1981 Response Opposing Porter County Chapter Intervenors 811209 Motion to Compel Util to Implement Revised Plan for Restoration.Util Will Act When Termination Order Issued, Weather Permitting.Certificate of Svc Encl ML20062L9641981-12-0909 December 1981 Motion to Compel Util to Implement Revised Plan for Site Restoration.No Valid Reason Exists for Further Delay. Certificate of Svc Encl ML20011A2391981-10-0101 October 1981 Motion for Order Directing Util to Submit Plans to ASLB Re Site Excavation.Excavation Should Be Filled W/Matl Comparable to Removed Matl to Preclude Possibility of Harm to Natl Lakeshore.Certificate of Svc Encl ML20010G5041981-09-10010 September 1981 Response Supporting Util 810826 Motion to Terminate Proceeding.Termination Should Be W/Prejudice to Assure Finality of Util Decision & That Issues Raised Need Not Be Litigated ML20010E0331981-08-25025 August 1981 Response in Opposition to Porter County Chapter Intervenors 810817 Motion to Extend Time for Reply to Util Fourth Set of Interrogatories.Also Submits Motion to Compel Response. Related Correspondence ML20010E0321981-08-25025 August 1981 Motion to Compel Appearance of Ew Osann & Read for Deposition Re Facts Upon Which State of Il Has Based Contentions.Porter County & State of Il Are Attempting to Delay Completion of Proceeding.Related Correspondence ML20010E0171981-08-25025 August 1981 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 ML20010E0341981-08-25025 August 1981 Response in Opposition to State of Il 810820 Motion for Extension of Time to Respond to Util Fourth Set of Interrogatories.Requests That Order Be Issued to Compel Response.Related Correspondence ML20010D2381981-08-18018 August 1981 Response in Opposition to State of Il 810813 Motion to File Application for Discovery & Interrogatories Instanter & for Protective Order. General Allegations Insufficient to Extend Deadline.Certificate of Svc Encl.Related Correspondence ML20010D2291981-08-18018 August 1981 Motion to Compel Answers to 810622 Third Set of Interrogatories Directed to Porter County Chapter,Concerned Citizens Against Bailly Nuclear Site,Businessmen for Public Interest,Et Al.Related Correspondence ML20010D1201981-08-18018 August 1981 Response to Porter County Chapter Intervenors' Third Set of Interrogatories.Related Correspondence ML20010D1191981-08-18018 August 1981 Objections to Porter County Chapter Intervenors' Third Set of Interrogatories 9,10,11 & 42.Requests Protective Order Providing That No Further Response to Interrogatory 42 Is Required.Related Correspondence ML20010D1181981-08-18018 August 1981 Response to People of State of Il Second Set of Interrogatories.Related Correspondence ML20010D2441981-08-18018 August 1981 Objection to State of Il Second Set of Interrogatories, Interrogatories 12(c),13(b) & 13 (C).Matters Already Reviewed in Original CP Proceeding & Irrelevent to Instant Proceeding.Related Correspondence ML20010D2341981-08-18018 August 1981 Request for Motion to Compel Response to 810622 Third Set of Interrogatories Directed to State of Il.Answers Were Nonresponsive.Related Correspondence ML20010C8961981-08-17017 August 1981 Motion for Extension of Time Until 810910 to File Answers or Objections to Util 810730 Fourth Set of Interrogatories. More Time Needed for Adequate Preparation.No Party Will Be Prejudiced by Extension.Certificate of Svc Encl ML20010C8231981-08-17017 August 1981 Response Opposing Porter County Chapter Intervenors' 810810 Motion for Extension of Time to Take Depositions.Intervenors Had Ample Opportunity for Discovery.Board Should Not Allow Delaying Tactics ML20010C8251981-08-17017 August 1981 Response Opposing State of Il 810811 Motion for Extension of Time to Take Depositions.Hardships Under Discovery Schedule Are self-imposed ML20010C5031981-08-14014 August 1981 Second Application for Order Requiring Attendance & Testimony at State of Il Noticed Depositions of Lm Bykoski & Lg Hulman.Exceptional Circumstances Exist & Listed Personnel Should Be Required to Appear ML20010C5881981-08-13013 August 1981 Motion for Leave to File Application for Discovery Re NRC Documents,First Set of Interrogatories Directed to NRC & Third Set of Interrogatories Directed to Util.Discovery Could Not Be Completed by 810811.Related Correspondence ML20010C5911981-08-13013 August 1981 First Set of Interrogatories Directed to NRC ML20010C5181981-08-13013 August 1981 Motion for Protective Order That Ew Osann Deposition Not Be Taken on 810820.Osann Will Be Unavailable for Util Deposition Due to Other Business Commitments.Good Cause exists.W/810813 Ltr to Util Law Firm & Certificate of Svc ML20010C5901981-08-13013 August 1981 Application for Discovery Directed to NRC Re NRC Staff Evaluation of Bailly CP Extension Request. ML20010C5921981-08-13013 August 1981 First Set of Interrogatories Directed to Util.Certificate of Svc Encl ML20010B2941981-08-12012 August 1981 Renewed Application for Subpoenas Directed to Rf Brissette, s Dobrijevic & Personnel at Sargent & Lundy,Ground/Water Technology,Inc & Dames & Moore.Related Correspondence ML20010C3261981-08-11011 August 1981 Third Application to ASLB for Order Requiring Attendance & Testimony at Deposition of Lg Hulman,Lm Bykowski & Wf Lovelace.Exceptional Circumstances Exist.Related Correspondence ML20010C4971981-08-11011 August 1981 First Request for Production of Documents Directed to Util ML20010C4921981-08-11011 August 1981 First Request for Production of Documents Directed to NRC ML20010C5001981-08-11011 August 1981 Notice of Lm Bykoski & Lg Hulman 810824 & 26 Depositions, Respectively,Re Theoretical & Empirical Basis of NRC 810717 Eia & Documents,Info & Personnel Used in Preparing Eia ML20010C5071981-08-11011 August 1981 Amended 810720 Notice of MD Lynch Deposition,Including Listed Matters for Exam ML20010C2391981-08-11011 August 1981 Fifth Set of Interrogatories Directed to Util.Related Correspondence ML20010C5111981-08-11011 August 1981 Motion for Extension of Time for Taking Depositions.Supports Porter County Chapter Intervenors' 810810 Motion for Extension of Deadline Until 810803.Schedule Places Burden on Parties W/O Benifit to Anyone.Certificate of Svc Encl ML20010C2821981-08-11011 August 1981 Conditional Withdrawal of Motions for Protective Orders Re Hiple & Kulawinski Depositions.If Depositions Rescheduled for Suggested Dates,Util Will Withdraw Objections. Certificate of Svc Encl 1985-05-23
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Text
~), Y" UNITED STATES OF AMERICA -
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NUCLEAR REGULATORY COMMISSION Ca ConRESPONDm
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u.s. w o us ne m rest Y
" " B_EFORE THE ATOMIC SAFETY AND LICENSING BOARD g e
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In the Matter of ) Docket No. 50-367
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NORTHERN INDIANA PUBLIC SERVICE (Construction Permit COMPANY
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(Bailly' Generating Station, ) June 22,1981 '
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9i CIfice of ne Sec.%
NORTHERN INDIANA PUBLIC SERVICE COMPANY'S 4 *y*j ' Selvice /p THIRD SET OF INTERROGATORIES TO CONCERNED CITIZENS AGAINST BAILLY NUCLEAR SITE N 3 Northern Indiana Public Service Company (NIPSCO) hereby serves its Third Set of Interrogatories to Concerned Citizens Against Bailly Nuclear Site (hereinaf ter " Concerned Citizens"),
pursuant to 10 C.F.R. S 2.740b. Each interrogatory is to be answered fully in writing, under oath or affirmation, by an officer or agent of Concerned Citizens and is to include all pertinent information known to Concerned Citizens. Each answer should clearly indicate the interrogatory to which it is intended to be responsive.
Under NRC regulations (10 C.F.R. S 2.740(e)) parties are required to supplement responses to interrogatories under certain circumstances when new and/or different information becomes avail-able.
In responding to these interrogatories, please include all information available to agents, employees, at*orneys, 310 e 290 V//
investigators, and all' other persons directly or indirectly subject in any way to the control of the person or organization to which these interrogatories are directed.
" Documents" means all written or recorded material of any t kind or character known to Concerned Citizens or in its possession, custody, or control, including, without limitation, letters,
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- correspondence, telegrams, memoranda, notes, records, minutes, contracts, agreements, records or notations of telephone or 1
personal conversations or conferences, inter-office communica-tions, microfilm, bulletins, circulars, pamphlets, studies, notices, summaries, reports, books, articles, treatises, teletype messages, invoices, tape recordings, and work-sheets.
When used with respect to a document, " identify" means, without limitation, to state its date, the type of document
! (e.g., letter, memorandum, telegram, chart, photograph, sound i
i reproduction, etc.), the author and addressees, the present location and the custodian, and a description of its contents.
When used with respect to a person, " identify" means, with-out limitation, to state his or her name, address, occupation, and professional qualifications.
, If Concerned Citizens cannot answer any portion of any of the Interrogatories in full, after exercising due diligence to do so, so state, and answer to the extent possible, specifying 4
the inability to answer the remainder and stating when Concerned Citizens expects to be able to answer the unanswered portions.
NIPSCO'S INTERROGATORIESI!
- 28. You allege that NIPSCO's proposed remedial program "will not prevent adverse impact upon the National Lakeshore . . ."
resulting from "NIPSCO's proposed extended period of construc-tion dewatering."II/
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(a) Please specify the adverse impacts which allegedly -
will result from the " extended period of construction dewatering" and which you contend cannot be prevented by the pr posed water replacement program.
(b) Is it your position that the impacts identified in your answer to Interrogatory 28(a) cannot be mitigated by the proposed water replacement program?
- 29. You allege that the " point (or points) of introduction" of replacement water [as proposed in NIPSCO's remedial program) have not been "shown to be capable of maintaining natural water levels within all areas of the National Lakeshore while maintaining a dry excavation to the depth needed and during the additional period of construction time." ***/
1/ Numbering of the following Interrogatories continues from NIPSCO's Second Set of Interrogatories to Concerned Citizens (April 23, 1981, refiled May 29, 1981).
11! Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.A., p. 11 (February 26, 1980).
_Id_ .
(a) Please identify the " point (or points) of introduction" to which you refer.
(b) Please define the phrase " natural water levels" as used above.
(c) Please define the tr..m " dry excavation" as used above.
(d) Please state your understanding of the " depth needed" in station datum assuming as a bases for your answer :
that grade is EL +40'.
(e) Please specify the length of the " additional period of construction time" to which you refer.
(f) (1) Please identify and locate "all areas of the National Lakeshore" which you allege will be potentially affected by dewatering of the Bailly excavation during "the additional period of construction time."
(2) Please provide the bases for conclud4ng that the
" areas" identi Led in your answer to Interrogatory 29 (f) (1) may be affected by dewatering.
(3) Please specify the " natural water levels" for "all areas of the National Lakeshore" which you allege will be potentially affected by dewatering of the Bailly excavation during "the additional period of construction time." If the " levels" are different at different " areas," please specify the level for each pertinent area.
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(4) Please state the bases for determining the "nstural water levels" identified in your answer to Inter-rogatory 29 (f) (3) .
(g) Is it your position that NIPSCO's proposed remedial program will not be " capable of maintaining natural water levels within all areas of the National Lake-shore while maintaining a dry excavation to the depth needed and during the additional period of construction time"? '
- 30. You allege that " replacement water levels are not keyed to the natural water table levels, or the natural inter-dunal pond and wetland levels, including measures to main-tain the natural seasonal variations and yearly variations within all areas of the National Lakeshore."$/
i (a) (1) Please define the phrase " natural interdunal pond
. . . levels" as used above.
Please specify the " natural interdunal pond .
(2) . .
levels" for "all areas of the National Lakeshore" which you allege will be potentially affected by dewatering of the Bailly excavation during "the additional period of construction time."
If the " levels" are different at different " areas,"
please specify the level for each pertinent area.
1! Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.B., p. 11 (February 26, 1980).
(3) Please state the bases for determining the " natural interdunal pond . . . levels toentified in your answer to Interrogatory 30 (a) (2) .
(b) (1) Please define the phrase " natural . . . wetland levels" as used above.
(2) Please specify the " natural . . . wetland levels" ,
for "all areas of the National Lakeshore" which you allege will be potentially affected by dewatering of the Bailly excavation durina "the additional period of construction time." If the " levels" are different at different " areas," please specify the level for each pertinent area.
(3) Please state the bases for determining the " natural
. . . wetland levels" identified in your answer to Interrogatory 30 (b) (2) .
(c) (1) Please define the phrase " natural water table levels" as used above.
(2) Please specify the " natural water' table levels" for "all areas of the National Lakeshore" which you allege will be potentially affected by de- -
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watering of the Bailly excavation during "the additional period of construction time." If the " levels" are different at different " areas,"
please specify the level for each pertinent area.
, 1 (3) Please state the bases for determining " natural water table levels" identified in your answer to Interrogatory 30 (c) (2) .
(d) Please enumerate the historical and projected ranges of " natural seasonal variations" within the Lakeshore of:
(1) " natural water table levels";
(2) " natural interdunal pond . . . levels";
(3) " natural . . . wetland levels."
(e) Please enumerate the historical and projected ranges of " natural . . . yearly variations" within the Lake-shore of:
(1) " natural water table levels";
(2) " natural interdunal pond . . . levels";
(3) " natural . . . wetland levels."
s .
(f) What do you contend will be the probable environmental consequences of a failure to " key" replacement water levels during "the additional period of construction time" to: 3 (1) " natural water table levels";
(2) " natural interdunal pond . . . levels";
(3) " natural . . . wetland levels"?
(g) What do you contend will be the probable environmental consequences of a failure to maintain "the natural seasonal variations" in ground water levels in the Lakeshore during "the additional period of con-struction time"?
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(h) What do you contend will be the probable environmental consequences of a failure to maintain the " yearly vari-ations" in ground water levels in the Lakeshore during "the additional period of construction time"?
(i) Please state the bases for your answers to Interrogatories 30 (d) , (e), (f), (9) and (h).
- 31. Ycu allege that "(v]ariations of water levels must also #
be timed to coincide with the timing of natural seasonal cycles . " 1/
(a) Please define the term " natural seasonal cycles" as used above.
(b) To which " water levels" do you refer in the above quotation?
(c) Please provide the bases for the above quoted alle-gation.
- 32. You allege that " replacement water will not have the same characteristics as the water removed."11/
,u Please describe those characteristics that distinguish replacement water from "the water removed."
(b) For each characteristic described in your answer to Interrogatory 32(a), please identify the function or quality which contributes to the unsuitability of re-placement water as a means of mitigating effects of dewatering.
I/ Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.B., p. 11 (February 26, 1980).
-j ee Joint Intervenors' First Supplement to Petition for Leave ;
to Intervene, Contention 5.C., p. 12 (February 26, 1980).
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- 33. You allege that "[t]he natural water has a low flow rate and a long term turnover during which time the water is conditioned by natural processes, such as organic decay."1/
(a) Please define the term " natural water" as used above.
(b) What do you contend is the rate of flow of ground water in the Lakeshore adjacent to the Bailly site? If the rate is different at different locations which you ,-
contend are likely to be affected by dewatering, please specify the rate at each pertinent location.
(c) What do you contend will be the rate of flow of re-placement water during "the additional period of construction time" at each point of introduction and at each location identified in your answer to Interrogatory 33(b)?
(d) Is it your position that the flow rate of replacement
water during "the additional period o:! construction time" will be too rapid to permit conditioning through organic decay?
(e) If your answer to Interrogatory 33(d) is yes, please identify the bases for your conclusion.
(f) If your answer to Interrogatory 33 (d) is no, what is the significance of flow rate to the suitability of the proposed water replacement pian?
I! Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.C., p. 12 (February 26, 1980).
(g) Please identify any other " natural processes" which l
" condition" the water and describe the effect of each such process on the characteristics of the water.
- 34. You allege that " water characteristics vary considerably from one location to another, and from strata to strata, ,
or from near surface to greater depths."1/
(a) Please describe those water characteristics which differ "from one location to another" within the Lake-shore.
(b) Please specify which of the characteristics listed in your answer to Interrogatory 34(a) you allege will be potentially affected by dewatering of the Bailly excavation and/or ground water replacement during "the additional period of construction time."
(c) Please describe those water characteristics which differ "from strata to strata" within the Lakeshore.
(d) Please specify which of the characteristics listed in your answer to Interrogatory 34(c) you allege will be potentially affected by dewatering of the Bailly excavation and/or ground water replacement during "the additional period of construction time."
(e) Please describe those water characteristics which differ "from near surface to greater depths" within the Lakeshore.
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I! Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.C., p. 12 (February 26, 1980). j l
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j (f) Please specify which of the characteristics listed in your answer to Interrogatory 34 (e) you allege will be potentially affected by dewatering of the Bailly excavation and/or ground water reple " ment during "the additional period of const) ; tion time."
(9) Please enumerate th,e historical and projected ranges of variations within the Lakeshore for each characteristic
- described in your answer to:
(1) Interrogatory 34(a);
(2) Interrogatory 34 (c);
(3) Interrogatory 34(e).
- 35. You allege that "reaoval and replacement of ground water
. . . will result in an increased rate of ground water movement, which will dilute and replace the e.: sting water without permitting the normal, sle,w, natural conditioning from organic processes. The additional period of time will permit a greater dilution and/pr replacement of the natural water."1/
(a) What do you contend w'.11 be the " rate of ground water movement" resulting from " removal and replacement of ground water"?
(b) Please define the term "the existing water" as used above.
II Joint Intervenors' First Supplement to Petition for Leave to Intervene, Contention 5.E., p. 12 (February 26, 1980).
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[ (c) Please specify the dilution of " existing. water" which .
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! you contend will occur--i.e., specify in quantitative terms the characteristics of "the existing water" l
l before dilution and the characteristics of the water I
after the alleged dilution.
- 36. 'a) You have referred to "[r]ecent studies by the United States Geological Survey."Il Please list every such -
study upon which you relied or to which you referred in drafting Contention 5.E.
(b) Please list all sections or subsections of the U.S.G.S.
studies listed in your answer to Interrogatory 36,a) which indicate that "an onderlying strata . . .
diminishes in thickness to the point of disappearance, or at least to the point of being ineffectual."III
- 37. You allege that " construction site dewatering will drain an aquifer.not previously considered and which has a direct connection with the wetlands of the National Lakeshore con-siderably farther to the east than previously assumed, in-cluding the waters of cowles Bog." ***/
II Joint Intervenors' First Supplement ') Petition for Leave to Intervene, Contention 5.E., p. 12 (February 26, 1980).
Id.
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~13-(a) Please identify the aquifer to which you refer and describe the location, depth (to the top of the aquifer) and physical dimensions (length, width and height) of the aquifer to which you refer.
(b) Please describe and locate the " direct connection with the wetlands of the National Lakeshore" which you allege the aquifer identified in your answer to Interrogatory .'
37(a) has.
(c) Please describe how dewatering during "the additional period of construction time" will affect the aquifer identified in your answer to Interrogatory 37(a), in-cluding the length of time required for the effects to be manifested.
(d) Please specify the environmental consequences of the postulated draining of the aquifer identified in your answer to Interrogatory 37 (a) .
- 38. Please identify each document to which you referred or upon which you relied in formulating Contention 5.1/
- 39. Please identify each person whom you consulted in formu-lating Contention 5.11/
- 40. Please identify each document to which you referred or upon which you relied in answering Interrogatories 28-37.
II Joint Intervenors' First Supplement to Petition for Leave to Intervene, pp. 11-13 (February 26, 1980).
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- 41. Please identify each person whom you consulted in answer-ing Interrogatories 28-37 giving the following information for each such person: *
(a) Name; (b) Address; (c) Place of employment and job title; (d) Number (including subpart) of each Interrogatory with respect to which that person consulted, aided or provided er ftrnished information; and (e) The nature of the information or aid furnished.
Respectfully submitted, EICHHORN, EICHHORN & LINK 5243 Hehman Avenue Hammond, Indiana 46320 By ]
' William H. ' Eichhorn Attorneys for Northern Indiana Public Service Company LOWENSTEIN, NEWMAN, REIS
& AXELRAD 1025 Connecticut Avenue, N.W.
Washington, D.C. 20036
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