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UNITED STATES OF AMERICA C ' '3 -

NUCLEAR REGULATORY COMMISSION A ~-

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BEFORE THE ATOMIC SAFETY AND LICENSING BOAR e /pN

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In the Matter of ) Docket No. 50-367)

NORTHERN INDIANA PUBLIC ) (Construction PermitSERVICE COMPANY ) Extension)

)(Bailly Generating Station, ) October 29, 1980Nuclear-1) )

NORTHERN INDIANA PUBLIC SERVICE COMPANY'S ANSWERTO PORTER COUNTY CHAPTER INTERVENORS' MOTION

TO COMPEL PRODUCTION OF DOCUMENTS

By Motion (.4ed October 14, Porter County Chapter Intervenors

(PCCI) request the Board to issue an order compelling produc-

tion of documents by Northern Indiana Public Service Company

(NIPSCO). NIPSCO hereby responds to that Motion.

NIPSCO's Objection Based on the Definition of "NIPSCO"

This objection has become moot in view of the explanation

offerec by PCCI. (Motion, pp. 2-3.) NIPSCO has produced all

documents covered by the Request for Production which are within

its own possession, custody, or control.-*/ As we understand

the PCCI explanation, no other documents are sought.

NIPSCO's Objection to Documents Which " tend to prove or disprove"a Stated Assertion

Similarly, it would appear that this objection may now be

moot. PCCI are apparently of the view that there is no difference

*/ This is subject to one exception--i.e., the GE contracts~

discussed below.

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between "related to" and " tend to prove or disprove"--i.e., that

the scope of the two as applied to discovery is co-terminous.

(Motion, p. 4.) On that basis, the discovery request has been

satisfied; all documents requested have been furnished-*/ and the**/

dispute if any, is a semantic one not requiring Board action.--

GE Contracts

Two contracts between General Electric and NIPSCO have not.

been produced. GE has separately requested a protective order

with respect to them (Motion dated October 14, 1980) and NIPSCO

requested permission to delay its response to the discovery

request until that Motion is ruled upon. (Supplemental Response

dated October 14, 1980.) PCCI have filed a "Second Motion to

Compel Production of Documents by NIPSCO" (October 24, 1980) with

*/ Again, there is an exception for the GE contracts.|

**/ It has been and is our intention to avoid discovery disputes ,

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to the extent feasible. To that end, we have interpretedotherwise objectionable requests in a way which permittedus to satisfy them. We would reiterate, however, that therequests objected to (and others, as well) are impermissiblyvague and non-specific. In other words, they do not ,

designate with any clarity, particularity, or certainty )the documents or categories of documents which are sought.For example, note PCCI's First Request for Production ofDocuments request number 2 seeking "all documents whichtend to prove or disprove, or upon which the assertion isbased, that 'because of a variety of delays beyond NIPSCO'scontrol, NIPSCO has been able to achieve only the equivalentof approximately 14 months of construction' as assertedin the February 7 letter. " See 4A Moore's Federal Practicepara. 34.07 (2d Ed. 1980).

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respect to the GE contracts, to which separate response will

be made.

Respectfully submitted,

William H. EichhornEICHHORN, EICHHORN & LINK5243 Hohman AvenueHammond, Indiana 46320

By: /hTilliam H. Eidhlforn

Attorneys for Northern IndianaPublic Service Company

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LOWENSTEIN, NEWMAN, REIS,AXELRAD & TOLL1025 Connecticut Avenue, N.W.Washington, D.C. 20036

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UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSION

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of ) Docket No. 50-367)

NORTHERN INDIANA PUBLIC ) (Construction PermitSERVICE COMPANY ) Extension)

)(Bailly Generating Station, ) ,0ctober 29, 1980Nuclear-1) )

CERTIFICATE OF SERVICE

I hereby certify that a copy of Northern Indiana PublicService Company's Answer to Porter County Chapter Intervenors'Motion to compel aroduction of Documents was served on the followingby deposit in the United States mail, postage prepaid, on this 29thday of October, 1980.

Herbert Grossman, EsquireU.S. Nuclear Regulatory CommissionWashington, D.C. 20555

Glenn O. BrightU.S. Nuclear Regulatory CommissionWashington, D.C. ~20555

Richard F. ColeUS Nuclear Regulatory CommissionWashington, D.C. 20555

Docketing and Service SectionOffice of the SecretaryU.S. Nuclear Regulatory CommissionWashington, D.C. 20555

Howard K. Shapar, EsquireExecutive Legal DirectorU.S. Nuclear Regulatory CommissionWashington, D.C. 20555

Steven Goldberg, EsquireOffice of the Executive Legal DirectorU.S. Nuclear Regulatory CommissionWashington, D.C. 20555 .

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Susan Sekuler, EsquireEnvironmental Control Division188 West Randolph StreetSuite 2315Chicago, Illinois 60601

Robert J. Vollen, Esquirec/o BPI109 North rearborn StreetSuite 1300Chicago, Illinois 60602

Edward W. Osann, Jr., EsquireOne IBM PlazaSuite 4600Chicago, Illinois 60611 .

Robert L. Graham, EsquireOne IBM Plaza44th FloorChicago, Illinois 60611

Mr. Mike OlszanskiMr. Clifford MezoUnited Steelworkers of America3703 Euclid AvenueEast Chicago, Indiana 4o312

Diane B. Cohn, EsquireWilliam B. Schultz, EsquireSuite 7002000 P Street, NWWashington, D.C. 20036

Richard L. Robbins, Esquire53 West Jackson BoulevardChicago, Illinois 60604

Mr. George GrabowskiMs. Anna Grabowski7413 W. 136th LaneCedar Lake, Indiana 46303

Dr. George Schultz807 East Cool SpringMichigan City, Indiana 46360

!! k!!%WILLIAM H. EICHHORNEichhorn, Eichhorn & Link5243 Hohman AvenueHammond, Indiana 46320

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