ML19345G530

Responds to 810313 Ltr Re Documents Identified in First & Second Requests for Production of Documents Per ASLB 801120 Order.Documents Tending to Prove or Disprove Any Assertion Not to Be Produced.Related Correspondence

ML19345G530
Person / Time
Site:	Bailly
Issue date:	03/25/1981
From:	Eichhorn W EICHHORN, EICHHORN & LINK
To:	Whicher J VOLLEN, R.J. & WHICHER, J.M.
References
NUDOCS 8104070467
Download: ML19345G530 (3)

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$n.n o.,.y 'y' i N 2 2i T I '3 \ Office !!the !ctM fg1 D cketir:g & Scice Ms. Jane M. Whiche Er H c/o BPI t /f 109 North

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Suite 1300 Chirago, Illinois 60602 Re: In the Matter of Northern Indiana Public Service Company (Bailly Generating Station, Nuclear 1)

Docket No.30-367 (Construction Permit Extension)

Dear Ms. Whicher:

I have been away from my office since March 1, 1981, and consequently was unable to respond to your March 13 letter prior to this date.

Your letter requested production of documents identified in your First and Second Requests for Production of Documents as nodified by the Board's Order of November 20, 1980.

ThedocumentscoveredbyyourFirstRequestweredelivergptoyour office for inspection and copying on September 26, 1980.- Northern l Indiana Public Service Company (NIPSCO) objected to producing documents which were characterized in the request as tending to " prove or disprove" the_ statements in Paragraphs 2, 5, 9, 12, 13 and 24 of the request but did produce all documents which were "related to" statements in those paragraphs. The Board in its Order of November 20, 1980, correctly assumed that the documents "related to" the statements in Paragraphs 2, 5, 9, 12, 13 and 24 would include those documents which may tend to " prove or disprove" the assertions in those para-graphs and_ sustained NIPSCO's objections to having to characterize the documents it produced as tending to " prove or disprove" any assertion. Thus, there are_no additional documents to be produced under the above-referenced paragraphs of your First Request as a result of-the Board Order of November 20, 1980.

-*/ Certain contracts between NIPSCO and General Electric Company which are the subject of a motion pending before the Atomic Safety and Licensing Board have not been produced.

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- t ElCHHORN, EXCHHORN & LINK Ms. Jane M. Whicher Page 2 March 25, 1981 The NIPSCO documents produced for your inspection and copying in response to your First Request for Documents have been in your possession since the 26th day of September, 1980. I trust you now have had ample opportunity to review those documents and copy those which you wish to retain for your files. Accordingly, I would appreciate 'the return of the documents so produced at your earliest convenience.

As stated in NIPSCO's response to your Second Request for Production of Documents, the documents covered by your Second Request for Produc-tion of Documents were made ave.ilable for your inspection and copying at 1980.thg offices of NIPSCO's Nuclear Staff on the 23rd day of October, j You and Mr. Vollen made a first inspection of those docu-ments on October 23, 1980. You scheduled a second inspection of those documents for Saturday, November 5, 1980; however, that scheduled inspection was cancelled by Mr. Vollea on November 5, 1980.

We are unaware as to whether you intend to conduct additional inspec-tion of those documents. In any event, any additional documents pertaining to Paragraphs 9, 10 and 11 of your Second Request for Production of Documents required to be produced by the Board's Order of November 20, 1980, as well as the documents originally produced, are available for your inspection and copying at the offices of the NIPSCO Nuclear Staff.

If you desire to inspect these documents on Monday, April 6, 1981, at NIPSCO's-Nuclear Staff Offices as stated in your letter of

-March 13, please advise and appropriate arrangements will be made.

Yours very truly, l

EICHHORN, EICHHORN & LINK l ~

By: ~ $41,w? f h h ,e, % ,

'Wi111am H. Eidhhorn WHE/dgg cc: (See attached page) l l _ */ Not all of NIPSCO's electrical service contracts were produced as . requested in Paragraph 7 of your second Request for Production of Documents as Mr. Vollen indicated that he was uncertain as to .whether he wanted to review all of the approximately 360,000 service contracts.

. 1 ElCHHORN, EICHHORN & LINK 2, M CORREs g Ms. Jane M. Whicher Page 3 March 25, 1981 cc: Herbert Grossman, Esquire, Chairman Dr. Robert L. Holton Dr. J. Venn Leeds Docketing and Service Section Howard K. Shapar, Esquire Steven C. Goldberg, Esquire Susan Sekuler, Esquire Edward W. Osann, Jr., EsquirQ Mr. Mike Olszanski & Mr. Clifford Mezo Mr. George Grabowski & Ms. Anna Grabowski 8 A G s A W:n""~

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