ML20053E683

Affidavit of Jm Vollen Re Costs & Legal Svcs Provided

ML20053E683
Person / Time
Site:	Bailly
Issue date:	06/04/1982
From:	Whicher J BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES
To:
Shared Package
ML20053E681	List: ML20053E680 ML20053E682 ML20053E683 ML20053E684 ML20053E685
References
NUDOCS 8206090147
Download: ML20053E683 (15)

Text

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< 0 Z8 AFFIDAVIT OF JANE M. WHICHER JANE M. WHICHER, being duly sworn, states as follows:

1. That I am one of the attorneys of record for BUSINESS AND PROFESSIONAL PEOPLE FOR THE PUBLIC INTEREST, INC.

("BPI"), a party to the Bailly proceedings.

2. That I am a graduate of Iowa State University (B.S. 1971) and of the University'of Iowa College of Law (J.D.

1976), and a member of the Order of the Coif.

3. That from June, 1976 until June, 1979, I was employed as an associate at the law firm of Morrison, Hecker, Curtis, Kuder, and Parrish, Kansas City, Missouri, where I engaged in a variety of litigation activities.

4. That from July, 1979 until May, 1980, I was employed as a Bigelow Teaching Fellow and Lecturer in Law, University of Chicago Law School, Chicago, Illinois, where I taught a legal writing and appellate advocacy course for first-year law students.

5. That I am a member of the bar admitted by exmination in the following states- Iowa (1976), Missouri (1976), and Illinois (1980), and admitted to practice before the state courts-of Iowa, Missouri and Illinois and the United States District Courts for the Western District of Missouri and the Northern District of Illinois.

8206090147 820604 gDRADOCK 05000367 PDR ,

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6. That since April 15, 1980, I have been employed by BPI as an attorney, and from April 15, 1980 to May 15, 1980, I worked approximately half time and, since May 15, 1980, I have worked full time at BPI as a salaried staff attorney. Under the terms of my cmployment any fees awarded for my services will be paid to BPI.

7. That I was employed by BPI to work exclusively on proceedings involving Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1) CPPR-104, Docket 50-367, including proceedings involving the proposed extension of the latest completion date for the Bailly construction permit and the proceedings concerning NIPSCO's plans for the plant to be built on short pilings.

8. That from the time I commenced my employment at BPI, until August 26, 1981, I worked exclusively on the Bailly litiga-tion described in paragraph 7 of this Affidavit, and on no other matters.

9. That my duties with respect to the Bailly litiga-tion included drafting discovery requests, researching and drafting discovery motions, reviewing documents and discovery responses, preparing for and taking depositions, consulting with experts and witnesses, general hearing preparation, and research and drafting of the brief and reply brief in support of the petition to the Court of Appeals for the District of Columbia Circuit with respect to the short pilings issue.

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10. That from April 15, 1980 to May 15, 1980, I worked approximately 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> per week on the Bailly litigation; and that from May 15, 1980 to August 26, 1981, I worked a minimum of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per week on the Bailly litigation, except for approximately ten days of vacation and personal time when I was not in the office.

11. That in May 1982 I prepared the detailed description of time spent contained in paragraph 12 of this Affidavit, and that in doing so I reviewed my personal calendars, pleadings in the con-struction permit extension proceeding, legal and factual research memoranda and files, notes of meetings and correspondence, and con-sulted with Robert J. Vollen. For each activity I recorded only what I believe to be the least amount of tiue I actually spent, and I have no doubt that I actually spent substantially more time than is re-corded herein.

12. The following describes time spent by me in the above proceedings.

Date Activity

• Hours 4/15/80 Meeting with Vollen to discuss background of case. 2.0 4/J6/80- Ekview of and familiarization with files and plead-5/15/80 ings in construction permit, construction permit extension, petition to suspend or revoke permit, and short piling proceedings and review of NRC pro-cedural regulations, and meetings with Vollen to discuss same. Review of transcript of prehearing conference. 55.0 (15)

• Those hours contained in parentheses are for work done with respect to the short pilings plan referred to in paragraph 7 of this Affidavit; all other hours are for work done with respect to the construction permit extension proceeding.

Date Activity Hour.

S/2/80 Meeting with NRC etaff counsel, State of Illinois counsel, and NIPSCO counsel regarding contentions; conferennes with Illinois counsel and Vollen re-garding same. 6.0 5/5/80 Meeting with representatives of Porter County Chapter Intervenors and others regarding strategy for hearing preparation. 2.0 5/19/80- Continue familiarization with case. Conferences 5/30/80 with Vollen regarding status, strategy, possibi-lity of filing collateral NEPA lawsuit; begin re-search on NEPA suit. 65.0 ( 7.0) 6/5/80- Receipt and study of provisional order following 6/6/80 special pre-hearing conference; conference with Vollen regarding same and response. 14.0 6/9/80- Meetings with Vollen regarding objections to pre-6/30/80 hearing order; draft and revisions of pleading in response to provisional order; review, discussion and revisions of " reworded incorporated conten-tions". Legal research on contentions and proper scope of proceedings. 55.0 6/30/80- Review of comments of other parties to provisional 7/5/80 order following special pre-hearing conference; conference with Vollen regarding short pilings ap-peal; study of agency record in construction per-mit hearing, particularly transcript; study of agency record in short pilings appeal; first draf t of brief to D. C. Circuit; begin legal research for short pilings appeal. 2.0 (45.0) 7/7/80- Legal research and revisions to draft of brief to 7/12/80 D. C. Circuit in short pilings appeal. (50.0) 7/21/80- Revisions of draft brief; participation in office 7/25/80 conferences with Robbins, Hammasfar, Sekuler, Osann and Graham regarding brief; legal research for same; citation and authority checking for brief. (35.0) 7/28/80- Final revisions of brief. ( 6.0) 8/4/80- Legal research for NEPA lawsuit; draft of petition, 8/15/80 motion for stay and memoranda of law in support of same; drafts of office menos regarding various as-pects of NEPA suit; legal research and drafting memorandum concerning stay of construction pending appellate review of short pilings decision. 60.0 (20.0)

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Date Activity Hours

• 8/12/80- Receipt and study of Order Following Special Pre-8/15/80 hearing Conference; conference with Vollen regard-ing same; atrategy planning for discovery in pre-paration for hearing; preparation of objections to Final Order and notice of Shorb deposition. 32.0 I

8/18/80- Receipt and review of Staff and NIP 3C0 objections 8/29/80 to order; NIPSCO and Staff response to chort pil-ings questions; preparation of PCCI's response to short pilings question; conferences with Vollen and Illinois regarding same; preparation of PCCI's first request to NIPSCO for production of docu-ments; preparation of Motion Concerning Environ-mental Impact Statement; conferences with Illinois counsel regarding same; notice of Bohn deposition; preparation of PCCI's pleading in support of newly-filed contentions; review of Order Supple-menting Order Following Special Pre-hearing Con-ference. 75.0 9/1/80- Preparation for deposition of Shorb, including-9/5/80 revicw and selection of documents; preparation of Porter County Chapter Intervenors brief in support of appeals of City of Gary, et al. and of Dr. George Schultz, telephone conferences with D. Cohen and office conferences with Vollen re-garding brief, reply to Staff re newly-filed con-tentions and motion to consolidate. 45.0 9/8/80 Preparation for deposition of Shorb. 7.0 9/9/80 Deposition of Shorb in Hammond, Indiana. 6.0 9/10/80- Finalization of reply to Staff position on newly-4 9/12/80 filed contentions and answer to Staff motion to

consolidate and NIPSCO's request for consolidation of replies and extension of time; study of NIPSCO memorandum of law on EIS. 17.0 9/15/80- Preparation of PCCI's first request for designation 9/19/80 of witness, notice of Schroer and Lyle depositions, and First Request to NRC for Production of Docu-ments; legal research on points raised in NIPSCO memorandum of law; Second Request to NIPSCO for Production of Documents. 40.0 9/22/80- Receipt and study of various orders and pleadings, 9/26/80& preparation for continuation of Shorb deposition 9/29/80 and for deposition of Schroer, including review of documents and filings. 48.0 b

F Date Activity Hours

• 9/30/80 Depositions of Shorb and Bohn in Hammond, Indiana. 6.0 10/1/80- Receipt and study of filing and board order, 10/3/80 meetings with Vollen and Illinois counsel re plan for discovery. 18.0 10/6/80- Preparation of motion to compel production of 10/10/80 documents by NIPSC0; receipt and review of various Staff and NIPSCO filings; notice of deposition of Severence; conferences with-Vollen re course of discovery and deposition of Lynch. 40.0 10/13/80- Preparation of motion to canpel production of 10/17/80 documents and answer to NIPSCO motion for protect-ive order; study of General Electric motion for protective order; preparation of Motion Concerning Deposition of Lynch, including Icgal research re location of deposition. 45.0 10/20/80- Legal research concerning discovery from 10/22/80& General Electric, effect of filing appearance, 10/24/80 discovery from third parties; answer to motion for protective order; second motion to comoel production of documents by NIPSC0; notice of O'Rorke deposition; Bohn deposition continued. 35.0 10/23/80 Review of documents at Bailly plant site. 2.0 10/27/80- Meeting with Herb Read re dewatering; Receipt 10/31/80 and study of HIPSCO response to document request; preparation of motion to compel and answer to NIPSCO motion for protective order; gather ma-terials for Joint Appendix in D. C. Circuit brief, meeting with Illinois counsel re same. 35.0 ( 5.0) 11/3/80- Receipt and study of NRC brief to.D..C. Circuit 11/6/80 in short pilings appeal; begin research for reply brief; supervise printing of principal brief and appendix; discussion with Vollen regarding motion to suspend litigation proceedings and overview of litigation; preliminary draft of motion to suspend litigation activities. 8.0 (32.0) 11/10/80- Legal research for and revisions of Reply Brief; 11/14/80 revision and filing of motion to suspend litiga-tion proceedings; receipt and study of GE filings and conference with Vollen re response. 15.0 (18.0) 11/17/80- Preparation of response to Staff motion for pro-11/21/80 tective order; receipt and study of Sholly decision and legal research re same; telephone conferences with Sholly attorneys; receipt and study of briefs in Sholly. 2.0 (48.0)

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Date Activity Hours

• 11/24/80- Work cn1 Reply Brief; supervision of printing of 11/28/80 opening brief and appendix; response to GE motion for protective order; review of documents produced by NRC staff 15.0 (25.0) 12/ 1/80- Work on Reply Brief; meetings with co-counsel re 12/5/80 same and revision of brief; motion to extend time to file Reply Brief; study of NRC (Tedesco) ques-tions to NIPSCO. 15.0 (30.0) 12/17/80- Finalizing, proofreading and checking authorities 12/19/80 citedservice and in Reply Brief; arrange for printing, filing (21.0) of same.

12/29/80- Receipt and study of Memorandum and Order denying 12/31/80 newly-filed and short pilings contentions; tele-phone conferences with Vollen regarding same and reply to same; draft of petition for rehearing on short pilings contentions. 22.0 1/5/81- Preparation of Objections to December 24 order 1/9/81 and motions for reconsideration and for'certifica-tion of referral of same. 30.0 1/12/81- Receipt of Moffett letter and Keppler memorandum; 1/16/81 preparation of contention re Keppler memorandum; investigation of show cause proceeding; preparation of comment on proposed rulemaking (Design and Other Changes in Nuclear Power Plant Facilities After Issuance of Construction Permit). 35.0 1/19/81- Draft of contention 13; factual research (includ-1/23/81 ing review of Staff documents and NIPSCO reports). 30.0 1/26/81- Preparation for meeting with Don Harner (possible 1/29/81 expert witness - hydrogeologist); receipt and review of pleadings regarding Keppler contention and response to motion for reconsideration and certification or referral and letter from Toby Moffett regarding emergency planning. 22.0 1/30/81 Meeting with hydrogeologist and Attorney General Office and conference with Vollen and Illinois coun-sel re same. 6.0 2/2/81- Investigation of show cause proceeding; planning 2/6/81 meeting with Illinois counsel; finalization of rulemaking comments. 20.0

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Date Activity Hours

• 2/9/81- Meeting with Attorney General's office regarding 2/13/81 dewatering; review of dewatering documents and conferences with H. Read and co-counsel re same l and re strategy of case; receipt and study of Staff pleadings, response to Contention 13. 35.0 2/16/81- Preparation of response to NIPSCO's pleadings 2/20/81 concerning production of General Electric's documents; legal research re admission of Con-tention 13 and draft response; investigation of show cause proceeding'. 30.0 2/23/81- Receipt and study of NIPSCO annual report; pre-2/27/81 paration of D. C. Circuit supplemental brief; receipt and study of Board orders on certification petition; office conference with Vollen regarding hydrogeological expert testimony; prenaration of Contention 14 and motion for admission thereof; prepare response re General Electric documents and brief on admission of Contention 13. 40.0 3/2/81- Finalization and filing of motion on Contention 3/6/81 14; factual and legal research for D. C. Circuit Supplemental Brief. 3.0 (30.0:

3/9/81- Receipt and study of Sholly rehearing denial 3/15/81 decision and briefs; meeting with Attorney General's Office; discovery update; receipt of filings re dewatering; conference with Vollen re draft of D. C. Circuit Supplemental Brief; submit rulemaking comment on proposed amendments to 10 CFR Part 50. 30.0 ( 8.0; 3/16/81- Preparation of and filing PCCI's Third Request to 3/20/81 NIPSCO for Production of Documents and First Set of Interrogatories to NIPSCO and motion for order under $2.740(e)(3); work on Supplemental Brief. 33.0 ( 2.0; 3/23/81- 3/24 meeting with co-counsel on Bailly brief for 3/27/81 D. C. Circuit; preparation of interrogatories to NRC Staff; draft of notice of intention to seek stay; research for rulemaking comment on proposed changes to 10 CFR Part 2; finalize D. C. Circuit Supplemental Brief; receipt of letter from Eichhorn re documents and conferences with Vollen and Illinois counsel re document production. 25.0 (20.0' 3/30/81- Finalization of notice of intention to seek stay; 4/3/81 receipt and study of 3/30 Board orders and begin preparation of response to sane; finalization of rulemaking comment; factual and legal research for Vollen's oral argument preparation; receipt and study of NIPSCO's Supplemental Brief. 20.0 (20.0'

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Date Activity llours*

4/6/81- Preparation for oral argument,. including moot 4/9/81 court; receipt and study of order denying motion to suspend proceedings and conference with co-counsel re strategy; study of Staff filing re-garding Contention 14; attendance at and second chair oral argument in D. C. Citcuit; prepare and file letter to Court with memorandum referenced during argument. 5.0 (30.0) 4/13/81- Receipt and study of NIPSCO response to PCCI's 4/17/81 first interrogatories and Staff response to motion under $2.740(e)(3); receipt and study of NIPSCO's First Set of Interrogatories to PCCI and office conference with Vollen regarding objection to same; preparation and filing of motion to reconsider 3/30 order and opposition to General Electric mo-tion for protective order; reply regarding 52.740(e)(3); motion to compel re First Set of Interrogatories. 38.0 4/20/81- Preparation and filing of motion to_ compel NIPSCO 4/24/81 interrogatory responses; meeting with Attorney General s Office re interrogatory responses and expert testimony; preparation of interrogatory responses. 40.0 4/27/81- Receipt and study of NIPSCO responses to PCCI's 4/30/81 Third Request for Production of Documents; Request for Extension of Time; arrange for document pro-duction; set up dates for depositions; meeting with Attorney General re interrogatory responses; planning meeting for document production. 32.0 5/4/81 Attendance at document production at Bailly plant site. 6.0 5/5/81- Review of documents and selection of documents 5/8/81 for copying; preparation of letter to Eichhorn re documents;-finalization of answers of PCCI to NIPSCO's First Set of Interrogatories and motion to compel NIPSCO re third document request. 32.0 5/11/81- Notice depositions of Schroer, Lyle, Severence, 5/15/81 Bohn, Shorb and Mitchell; continue document re-view; conferences with Vollen and D. Cohen re possible intervention in City of Gary appeal; pre-paration of PCCI's Second Set of Interrogatories to NIPSCO, Fourth Document Request to NRC for Pro-duction of Documents, First Set of Interrogatories to NRC Staff, S2.740(h)(2)(i) and (ii) application . 50.0 b

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Date Activity Hour 5/18/81- Finalization and filing of various discovery 5/22/81 matters; reviewing documents; draft and filing of motion to compel NIPSCO to physically produce documents. 40.0 5/26/81- Receint and study of NIPSCO motion to compel PCCI's 5/29/81 interrogatory responses (first set) and production of documents and order granting General Electric protective order and draft of response to same; completion of document review and supervision of reproduction of designated documents; meeting with Herb Read re interrogatory answers. 42.0

6/1/81- Preparation for deposition of Edmund Schroer; 6/4/81 receipt and study of NIPSCO motion for establish-ment of schedule, and conference with Vollen and Illinois counsel re same; study of Second Set of

, Interrogatories from NIPSCO and preparation of response; supervision of reproduction of designated documents. 38.0 6/5/81 Deposition of Schroer in Hammond, Indiana. 6.0

, 6/8/81- Preparation of second S 2.720(h)(2)(1) application, 6/11/81 deposition notices of Thompson, Jordan and Dunn; third request to NRC for production of documents; study of NIPSCO objections to interrogatories for response to same; meeting with Attorney General's Office re scheduling motion; receipt and study of GE motion, and NIPSCO response to motion to compel physical production of documents, NIPSCO's objec-tion to PCCI's Second Set of Interrogatories and response to PCCI's Second Set of Interrogatories. 42.0 6/12/81 Deposition of Ed Schroer in Hammond, Indiana. 5.0 6/13/81- Preparation for deposition of Lyle; draft of 6/14/81 response to MIPSCO's scheduling motion: preparation for meeting with Bob Hilty (possible hydrogeologic expert witness). 8.0 6/15/81 Meeting with Hilty, Illinois counsel and H. Read, re dewatering. 7.0 6/16/81 Deposition of Horace P. Lyle in Hammond, Indiana. 6.0

, 6/17/81- Preparation of first application for subpoenas; 6/19/81 conference with Vollen re list of deponents; pre-paration of reply in support of S2.720(h)(2)(1) application; telephone conference with Oklahoma.

Attorney General re Black Fox appeal status for NEPA filing; meeting with Lake Michigan Federation n-. ,.

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. s Date Activity Hours

• re dewatering case preparation; review of Illinois' First Set of Interrogatories to NIPSC0; preparation of response to Motion for Establishment of Schedule and GE motions, deposition notices (Ricca and Purcell). 28.0 6/22/81- Telephone conference with Bill Eichhorn re fourth 6/26/81 document request; draft of motion to compel inter-rogatory answers; draft of motion regarding deposi-tion of Lynch; exchange of documents with HIPSCO counsel; receipt and study of NIPSCO's Third Set of Interrogatories to PCCI, second motion to compel answers regarding Second Set of Interrogatories to Illinois, response to PCCI's Fourth Document Re-quest, Staff response to scheduling motion, and GE response; finalization of rulanaking comment. 40.0 6/29/81 Preparation for Shorb deposition, including review of documents for possible questioning and review of transcripts of previous depositions. 9.0 6/30/81 Deposition of Shorb in Hammond, Indiana. 5.0 7/2/81 Meeting with Illinois regarding motion to compel and interrogatory answers; arrange to return omitted documents; begin cataloging produced docu-ments; receipt of telecopy of D. C. Circuit opinion and conference with Vollen re same. 7.0 ( 2.0) 7/6/81- Preparation and filing of motion for protective 7/11/81 order regarding Dunn deposition, motion to compel (Fourth Document Request) and motion to extend tLme to respond to Third Set of Interrogatories; preparation of notice of intention to seek stay, motion to extend time for Third Set of Interroga-tories to PCCI and motion to compel further Staff response and production of documents; receipt of Staff documents and study of same; work on cata-loging produced documents. 42.0 7/13/81 Preparation for Mitchell deposition and catalog-ing of documents. 9.0 7/14/81 Attendance at Mitchell deposition in Hammond, Indiana; review of documents in local Public Documents Room in Chesterton, Indiana. 4.0 m

Date Activity , Hours

• 7/15/81- Legal research regarding requirements of NEPA; 8/18/81 receipt and study of order closing discovery and conference with Vollen and Illinois counsel re response to same; filing pleadings re Lynch deposition. 35.0 7/20/81- Receipt and study of Staff documents re environ-7/25/81 mental impact appraisal and evaluation of NIPSCO request for amendment and conference with co-counsel re same; draft of Third Interrogatories to NIPSCO and Fifth Request for production of docu-ments; preparation of motion for clarification of order closing discovery; meeting with Herb Read; telephone conversation with Diane Cohen; reply to NIPSCO motion regarding depositions; review of docu-ments for Bohn deposition; revision and addition to interrogatories to NIPSC0; receipt and study of NIPSCO Motion to Compel Answers to Second Set of Interrogatories; preparation of response to NIPSCO's motion for protective order; abstract of deposition testimony. 50.0 7/27/81- Revision and filing of interrogatories and docu-7/31/81 ment request to NIPSC0; receipt and study of vari-ous pleadings; draft and filing of Fourth Request to NRC for production of documents, second applica- ,

tion under $2.720(h)(2)(ii), Fourth Set of Interro-gatories and Sixth document request to NIPSCO, Second Set of Interrogatories to NRC Staff and mo-tion for leave to initiate further discovery; second application for subpoenas and review of letters re-garding production of documents and depositions; deposition of Bohn (7/28/81); preparation of re-sponses to NIPSCO's Third Set of Interrogatories. 53.0 '

8/3/81- Preparation for conference call; conference call 8/8/31 and office conference with Vollen regarding same; draft of response to NIPSCO motion regarding Second

• N Set of Interrogatories; receipt and study of docu-ments from NRC Staff and study of Staff answers to First Set of Interrogatories; receipt and study of order summarizing actions taken at conference call; draft of interrogatories and document request to Staff; draft of showing of general relevancy in sup-port of applications for subpoenas, deposition no-tices, motion to compel Staff answers and produc-tion of documents, motion to extend time for taking 5 l

depositions; draft of further discovery filings. 55.0 l

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Date Activity Hours

• 3,; ,

s 8/11/81- Preparation and filing of application for discoverv 8/13/81 on Staff documents, application under $2. 720(h)(2)"

4  !  ; (ii), Third Set of Interro y N ,'

s cation under $2.720(h)(2)(gatories i to Staff,

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'), deposition appli-notices, Seventh Request to'HIPSCO for production of docu-j 1^ J ments, F!f th Rec uest to Staff for production of documents, auieniment of Lynch notice, Fifth Set of Interrogatories to NIPSCO: receipt of discovery re-spons(b to NIPSCO 'from Sta te of Illinois and review of sami. Preparat-lon for deposition of M. David

? -N' Lynch, draf t of motion for protective order; pre-n? '

\ paration for deposition of Bohn; review of trans-script of previous Bohn depositions and summary of same; deposirfon , .-

of Bohn (8/14/81).

55.0

,8/lN81- ddgal rescatch'for and draf t of environmental im-s

' 8/R2/ 31 pacy ' assessment: contentions and brief; preparation 1

for Lynch, deposition,

• deposition of Lynch (8/18/81

\ e 8/19/8i); preparation for deposition of A. P.

Severance, deposition of Severance (8/21/81). 55.0

, ,p 8/24/81 ' Nceipt of NIPSCO discovery filings and study of

? s 8/26/87 same; revisions of environmental impact statement

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'V b ciontent' ions and brief in support of admission; con-

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ference with Illinois counsel to arrange for expert si testimony on short pilings issues; receipt and

..I _ study of commission orders regarding short pilings

', %arings and prichibiting installations of pilings. 15.0 ( 8.0) 8/27/81 Receipt of NIPSCO Motion to Terminate Proceedings and conference with Vollen re response. .5 9/1/81- ConferencesdithVollenresiterestorationand N

9/3/81 termination with prejudice; legal research re ef-fect of termination with and without prejudice and

, of ' obligation to restore site. 9.0 9/22/81- Conference with Vollen rs site restoration and 10/1/81 nego,tiations for same; preparation of motion con-

, cerning excavation. 3.5 10/12/61 Receipt and review of NIPSCO's report on site rpstaration. 1.0 g

10/22/81 ~ Arrange' for return of produced documents to NIPSCO.

.5 11/23/81 Re'ceipt ahd review of Staff response to PCCI mo-tion concerning excavation and of NIPSCO's revised site restoration plan; conference with Vollen re same. 4 l.5 12/7/81- Preparation of motion to compel implementation of 12/9/81 vised site restoration plan. 2.0 t _ _ . ~

Date Activity Hours

• 12/28/31- Legal research concerning Equal Access 12/30/81, to Justice Act, including review of legis-1/4/82- lative history and fee awards under other 1/15/82, statutes referenced in statute and Congressional 2/8/82- reports; draf t of legal memorandum re same. 40.0 2/12/82 1/6/82- Conference with Vollen re recovery of fees; 1/8/82 legal research re award of fees under Federal Rule of Civil Procedure 41(a); draft Motion for Order Imposing a Condition Upon Withdrawal of N1PSCO's Application. 10.0 2/1/82 Study of NRC and NIPSCO responses to Motion for Order Imposing Condition. 1.0 2/22/82- Prepare response to N1PSCO Motion for Recon-2/26/82 nideration. 2.0 3/11/82 Conference with Vollen re requesting status report from NIPSCO. .5 3/19/82 & Receipt of letter from Eichhorn and conference 3/22/82 with Vollen re same; preparation of Supplement to Position and Motion for Discovery. 2.0 4/15/82 Receipt and study of Proposed Order Terminating Proceeding; conference with Vollen re response to same. 3.0 4/26/82- Draft of Objections to Proposed Order and of j 4/29/82 new Proposed Order; conferences with Vollen i

re same. 5.0 l

5/10/82- Preparation of Application for Fees and 5/14/82 Supporting Memorandum of Law. 9.0 l

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Date Activity Hours

• 5/24/82- Preparation of fee Affidavit. 20.0 5/28/82 6/1/82- Finalize fee application and supporting 6/3/82 documents. 3.0 Subtotals:(construction permit extension proceeding) 2120.5 (short pilings proceeding) 477.0 Total 2597.5 Further affiant says not.

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JANE ti. WilICllER Subscribed and sworn to before me this 4th day of June , 1932.

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