ML17339A546
| ML17339A546 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 01/24/1980 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | FLORIDA POWER & LIGHT CO. |
| References | |
| NUDOCS 8002120333 | |
| Download: ML17339A546 (13) | |
Text
UNITED'TATES OF AMERICA NUCL'EAR REGUL'ATORY
.COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD Elizabeth S.
- Bowers, Chairman Dr.
Emmeth A; Luebke Dr., Oscar H. Paris o(g ~
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qqb In the Matter of FLORI'DA POKER AND LIGHT COMPANY (Turkey Point Nuclear Generating Units Nos.
3 and 4)
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Docket Nos.
50-250 50-251 (Proposed'mendments to Facility'perating Licenses to Permit Steam Generator Repair)
ORDER RELATIVE'O INTERROGATORIES IN DISPUTE BETWEEN FLORIDA PO)YER AND LIGHT AND INTERVENOR MARK P.
ONCAVAGE.
(January 24, 1980)
On October 27,
On November 7,
- 1979, as supplemented on November 27,
- 1979, FPL objected to certain i'nterrogatories and document requests.
On December 17,
- 1979, the 'Intervenor responded to the FPL objections.
On Dec-ember '17,
- 1979, FPL filed a document which made its. objections more specific.
On January 14,
- 1980, FPL informed the Board tha,t l
many of the matters in dispute had either been resolved or ac'com-modated and identified those matters for a Board ruling.
The parties acted responsibly in resolving many areas of dispute.
Interrogatories l-l R: 2,-1-3., l-ll, 1-31, 32
&, 36, 1-35, 7-15 and 11-35 are unresolved.
They will be addressed seriatim:
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Interro atories l-l and 1-2.
These interrogatories refer to possible repair or major maintenance problems after the steam generator replacement repair'ork has been'accomplished.
The Board rejected Conten-
'tion 11(a). which sought to include a cost of future steam generator'epairs on the basis that it was too speculative.
We
'iew these interrogatories similarly and the object'ion is sus-tained.
Interro ator 1-3.
The interrogatory requests the release of any warranty or guarantee issued by the manufacturer of the replacement steam generator lower assemblies.
We have determined that this matter is not relevant to the health and safety and environmental con-cerns in this proceeding.
The objection is sustained..
Interro ator 1-11.
I This interrogatory requests information on the retrofitting of the Turkey Point Units due to the analysis of the accident at Three, Mile Island-.2 The Board is-neither rejecting nor sus-taining this objection but directs FPL to identify if any of the lessons learned at TMX relate to the steam generators.
If the response is negative then that ends the matter, but if the response is affirmative, then FPL is directed to give the full particulars.
Interro atories 1-31 1-32 and 1-36..
1-31 relates to the financing of the steam genera,tor 1%
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- repair, purchase of'eplacement power and the demineralizer system.
1-32 relates to a,possible rate increase by the Florida Public Service Commission.
1-36 -'-"relates to contractual obligations. for the repair or installation of the demineralizer system.
The Board has determined that these matters relate to internal management decisions outside our jurisdiction and the. objection is sustained.
Interro ator 1-35.
This interrogatory relates to alternatives to Turkey Point e.g.,
conservation or non-nuclear fuel sources.
FPL in the SGRR Section 7, and NRC Staff in Section 5 of the EIA, considered alternatives to the operation of Turkey Point.
This interrogatory
,is simply asking for more information and the objection is rejected.
FPL should answer to the best of its ability from the information it now has available.
Interro ator 7-15.
'This interrogatory requests.
a copy of the purchase agreement for the demineralizer equipment but Intervenor, on page 29 of his December 17, 1979 response states:
"7-15, 7-16 The location where the demineralizer system will be installed is relevant to the subject matter of this proceeding:
10 C.F.R. 52.740(b)(1)."
Interrogatory 7-16. in the filing of October 27, 1979 relates to
the location of the demi;neralizer and support equipmen't and FPL agreed to furnish this information.
While it appears this matt'er may be moot, i'f it is not, we do not see the relevancy, of 'Interrogatory 7-15 and the objec-tion is sustained.
Interro ator'1-35.
This interrogatory requests the kilogram measurement of the, titanium required for condenser retubing since it is a "factor of non-renewable resources to the repair project".
Contention.ll is concerned with monetary costs and com-mitment of land for the storage of defective steam generators.
It does not pertain to. the possible depletion of non-renewable resources.
The objection to the interrogatory is sustained.
Florida Power and, Light should respond where directed within ten (10) days from receipt of this'rder.
FOR THE ATOMIC SA'FETY AND LICENSING BOARD Eliz beth S.
- Bowers, Chairman Dated at Bethesda, Maryland this 24th day of January 1980.
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g+<i'i9ugP' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD Elizabeth S.
- Bowers, Chairman Dr.
Emmeth A. Luebke Dr. Oscar H. Paris 1/22/80
)
In the Matter of'
)
FLORIDA POWER AND LIGHT COMPANY
)
)
(Turkey Point Nuclear Generating
)
Units Nos.
3 and 4)
)-)
Docket Nos.
50-250.
'/50-251 (Proposed Amendments to Facility Operating Licenses to Permit Steam Generator Repair)
ORDER RELATIVE TO THE NRC STAFF'S MOTION TO COMPEL DISCOVERY On December,27,
- 1979, the NRC Staff filed a motion to compel discovery on Intervenor Mark P.
Oncavage.
A response to the motion was due within ten (10) days or January 7,
- 1980, in accordance with 10 CFR 5 2.730(c).
No response was received; Florida Power and Light (FPL) responded to the Staff's motion on January 9,
1980.
The Staff's motion was based on its interrogatories and a request for the production of documents filed on September 14,
- 1979, and supplemented on October 4, 1979.
After being granted a time extension, the Intervenor filed his response on December 17, 1979.
The Intervenor failed to respond to some interrogatories and raised objections to others.
The interrogatories were seeking an explanation from the Intervenor as to why he thinks the FPL's Steam Generator Repair Report (SGRR),
the NRC Staff's Safety
Evaluation (SE) and Environmental'mpact Appraisal (EIA) are deficient.
The Intervenor responded by identifying sections in the documents that he claimed were deficient but refused to state the bases'or these claims on the grounds "that the request calls for trial preparation materials, opinions and analysis made in anticipation of the hearings without any special showing of substantial need as required by 10'CFR 5 2.740(b)(2)."
This response or a similar response was given to Interrogatories 1-5, 1-10, 2-5, 3-5, 6-5, 9-5, 11-5, 13-5 and 14-5.
In addition 1-10 is referred to as "argumentative".
The Staff is entitled to know the reasons why the contentions were drafted and submitted.
What was the basis for the allegation that the documents were deficientP Simply citing numerous sec-tions of the documents is not responsive.
The interrogatories are not seeking trial strategy information but the bases for the submittal of the contentions.
The above-enumerated inter-rogatories are proper and Intervenor is directed to answer them.
Considering this determination on the merits of the inter-rogatories, we need not reach the question of Intervenor's failure to request a protective order since the Staff prevailed in this matter.
The Intervenor ignored Interrogatories 4-1 through 4-12, and 5-1 through 5-10.
The Intervenor is directed to respond to these interrogatories to the best of his ability..
The Staff. included Interrogatory 7-5 with the other inter-rogatories Intervenor declined to answer on the basis of "trial
preparation material" etc.,
but the Intervenor's response is 1
not in that categaory.
The response was:
"7-5.
.The
- SGRR, SER, and EIA are inadequate since in the SGRR and EIA there is no'ention of installation of a Condensate Polisher Demineralizer System and the reference in the SER consists of a one sentence mention of the system with no analysis of its effects,
- costs, or details of the system and its installation."
The Board has determined that this is an adequate response and Intervenor has answered the question.
The motion to compel is granted for Interrogatories 1-5, 1-10, 2-5, 3-5, 6-5, 9-5, 11-5, 13-5, 14-.5, 4-1 through,4-12, and 5-1 through 5-10,, but not for 7-5.
The answers should be served not later than ten (10) days after receipt of this order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Elizabeth S. Bowers, Chairman Dated at Bethesda, Maryland this 22nd day of January 1980.
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In the Matter of PLORIDA POii~i.R AND LIGHT CO'.PALY (Turkey Point, Units 3 and 4)
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Docket No.(s).50-250SP 50-251SP CERTIFICATE 0:-
SERVICE I hereby certify that ~I have this day served the foregoing document(s) upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Com ission's Rules and Regulations.
Dated at Vashington, D.C. this rr 0/3 day of u~
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i FLORiDA POWER AXD LEGHT COMPANY (Turkey Point, Units 3 and 4)
I Docket No. (s)50-250SP 50-251SP S:-Ri ZC:. LiST Elizabeth S.
Bowers, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ifr. Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatoiy Commissi.on Washington, D.C.
20555 Dr. Oscar H. Paris Atomic;Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Hr. ifark P.
Oncavage 12200 Southwest 110th Avenue M.ani,. Florida 33176 Norman A.
Co3.1.,
Fsq.
- Steel, Hector and Davis 1400 S.E. First National Bank Building
?~iami, Florida 33131 Bruce S.
- Rogow, Esq.
Nova University Center for the Study of Law 3301 College Avenue Port Lauderdale, Florida 33314 Counsel for IAr C Staff Of "'ce o the Executive Legal Director U.S. Nuclear Regulatory Commission
,.Washington, D.C.
20555 Flo"ida Power and Light Company ATTN:
Dr. Robert E. Uhhig Vice President P.O.
Boz 529100 IIiami, Florida 33152 Joel V. Lumer, Esq.
245 Catalonia Avenue Coral Gables, Florida 33134 P'chard A..marshall, Jr.,
Esq.
18450 Southwest 212th Street Miami, Florida 33187 lH.chael A. Bauser, Eso.
Lowenstein, Newman, Reis, Axelrad
& Toll 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036