ML17138A834

Notifies of Receipt of Intervenor Environ Coalition on Nuclear Power 790910 Discovery Requests.Documents Not Received from First Round Discovery Request Were Discussed in NRC

ML17138A834
Person / Time
Site:	Susquehanna
Issue date:	09/13/1979
From:	Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Johnsrud J Environmental Coalition on Nuclear Power
References
NUDOCS 7910050770
Download: ML17138A834 (4)

Text

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,September 13, 1979 Dr. Judith H. Johnsrud; Co-Director Environmental Coalition on Nuclear Power 433'rlando Avenue State College, PA 16801 In the Matter of Pennsylvania Power and Light Co.

Allegheny Electric Cooperative, Inc.

(Susquehanna Steam Eleotric Station, Units 1 and 2)

Docket Nos.

50-387 50-388

Dear Dre Johnsrud:

I received a copy of the ECNP second-round discovery requests dated September 10, 1979.

There are three requests all for the production of documents.

First, ECNP requests "Lajll documents previously requeste'd"of the NRC Staff in ECNP's First Round Discovery Requests but not supplied to thIe ECNP Intervenors."

Those requests were addressed at some length in my letter to you of June 27, 1979.

They will not be discussed again in detail in this letter.

Additionally, the providing of free copies of the numerous documents listed, no, less than the providing of free copies of transcripts, would be financial assistance and is prohibited by current Comldssion policy.

However, the Commission has approved the initiation of a six-month trial program(which yIill end March 1, lg80) of providing to'each full participant in ongoing NRC proceedings, a single free copy of future final RUREG documents that are announced in the Federal

~Re later The Federal

~Re later notices of the availability of such documents ui'll include instructions for requesting a single free copy of those documents while the supply, lasts (only 200 copies of each NUREG document will be made available for, free distribution).

Second, ECNP requests the i';[t]ranscript of the January, 1979, Prehearing Conference and all subsequent transcripts in this proceeding."

The Staff's response to the Licensing Board's request regarding transcripts was set forth in my letter to the L4censing'oard of April 10, 1979.

The Board's request regarding transcripts was interpreted by Staff Counsel to apply only to transcripts of the evidentiary orrios:~

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hearing sessions.

As the Staff stated during the Prehearing Conference (Tr. at 370) the Local Public Document Room (LPDR) is established for use by the general public and not just for use by intervenors.

For that reason the documents placed there are not loaned out.

In some instances the Staff has established a

mini-LPDR containing a copy of only the transcript when an intervenor was too

'far away from the LPDR to conveniently use it.

Copies of transcripts would not arr ive in the mini-LPDR until two to four weeks after the "original" is received by HRC, and they would not be loaned out.

Thus, the transcript would not be useful during day-to-day hearing sessions.

However, if ECNP and any other intervenor to whom the LPDR in llilkes-Barre is not accessib1e can agree on a more convenient location and desire it, the Staff would consider establishing such a mini-LPDR for the Susquehanna proceeding.'hird, ECNP requests a copy of "Uranium Mill Tailin s:

Environmental Im lications,

February, 1978, Los Alamos Scientif c La oratory.

For t e reasons iscussed above the Staff cannot provide a copy of the document.

It should be available for purchase from the issuer.

Ifit is not otherwise available, the Staff will try to make a copy available for inspection and copying at the Office of NRC Staff Counsel.

As you must surely realize, none of these so-called second-round requests appears to be a valid supplementary discovery request based on information appearing in newly issued documents op in responses to first-round discovery requests--as required by the Licensing Board's Special Prehearing Conference Order (at 81).

However, the Staff is trying to be reasonable in addressing requests for information.

Sincerely, James M. Cutchin, IV Counsel for NRC Staff cc:

Charles Bechhoefer, Esq..

Chairman Mr. Glenn 0. Bright Dr. Oscar H. 'Paris Jay Silberg, Esq.

Mr. Thomas M. Gerusky Ms. Colleen Marsh Mrs. Irene Lemanowicz Susquehanna Environmental Advocates Bryan A. Snapp, Esq.

Mr. Robert M. Gallo Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section Dist HRC Centra]

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