ML17341A234

Motion for Protective Order to Protect Licensee from Intervenor 810604 Notice of Deposition of Util Officers Re Storage of Solid Waste.Aslb 810528 Memorandum & Order Did Not Reopen Addl Discovery.Certificate of Svc Encl

ML17341A234
Person / Time
Site:	Turkey Point
Issue date:	06/05/1981
From:	Coll N FLORIDA POWER & LIGHT CO., STEEL, HECTOR & DAVIS
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8106160390
Download: ML17341A234 (16)

Text

~P>/ev UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of ) Docket Nos. 50-250-SP

) 50-251-SP FLORIDA POWER & LIGHT COMPANY ) (Proposed Amendments Facility Operatin (Turkey Point Nuclear Generate;ng Units Nos., 3 and 4),

)

)

);- Repa ir,s)'yp to Permit Steam 'p, MOTION: FOR A'ROTECTIVE: ORDER

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~r Licensee moves for a. protective order;,. pursuant '0

,CFR g2..7'4'0(c) to protect Licensee from: annoyance,, embarrassme ,'

oppression,. undue burden,, and. expense wi'th respect to that certain notice of taking deposition, served, by Intervenor June 4, 1981,, and as grounds therefor shows the Board::

l. On June 4, 1981 Intervenor served a Notice of Taking Deposition by mail, indicating that on Thursday,, June ll, 1981 at 9'.30 a.m. and ll:,00 a.m. respectively,, in Miami, Florida, Intervenor desired to take the deposition of Licensee by deposing the following two (2) designated individuals:

l. Florida Power & Light officer, director or managing agent who has knowledge and

~DP responsibility for the present storage onsite of low level solid waste including gu(

plans for storage and or disposition.

2. Florida Power & Light officer, director or managing agent who has knowledge and responsibility for low level solid waste<

storage or its transportation or other

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disposition generated during the repair of the steam generators.

2. The notice of taking deposition specifically recites:

The oral examination, will continue from day to day until completed.. The de ositions are bein taken for the ur ose of discover , or.

for such: other purposes as are permitted.

under the applicable rules., (emphasis.

added).

3. On. February 23, 1981, in its "Order A'ccepting Negotiated Schedule", the Board; adopted a, proposed, schedule to which. all parti'es and, their counsel had agreed., It specifically provided that April 15, 1'981 was the: date: for final. discovery requests, and April 30, 1981 was the last dayfor responses to final discovery requests.

4. In its Memorandum and Order (Prehearing Conference, March 24-25,. 1981), the Board permitted the Intervenor to amend Contention 4 by adding Paragraph B,, which raised the question of radioactive releases during the period of repairs (TR56-60).

5. In that same Order, the Board granted the Intervenor's Motion for Site Inspection pursuant to the discovery provisions of 10 CFR 52.741, upon certain stated terms and conditions.

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6. In support of its "Answer Opposing, the Motion for Summary Judgment" served May 19, 1981, with respect to Contention, 4B, Intervenor submitted the "Affidavit of Douglas King on Contention 4B" (Exhibit C) and the "Affidavit of Leonard G. Pardue on Contention 4B" (Exhibit D). The af'fidavit of Douglas King stated that dur.ing the Intervenor's site discovery vi:sit on April 19, 1981, he had accompani'ed Intevenor,, and had observed several locations of loosely stacked sealed drums in roped-off areas, that. the drums: had: been id'entified as containing. radioactive material,. and that he had monitored "a few; of these locations."'nd that readings indicated rad'iation above the background', level".. It was further, stated that the "present practice of outdoor storage of radioactive waste" was.

"unreasonable" in view of the likl'ihood of hurricanes or tornadoes.

7. On. May 28, 1981, in its ".Memorandum and Order (Granting Summary Disposition of All Contentions, and Cancelling Evidentiary Hearing)" the Board specifically granted summary disposition of Contention 4B (Memorandum and Order Pages 30-36). In addition, it terminated the scheduled evidentiary hearing originally scheduled to commence June 2, 1981 (Memorandum and Order Page 37). However, the Board retained jurisdiction concerning radioactive solid wastes. With respect to the latter, the Board noted:

0 There remains one matter for which the record is not sufficiently developed to enable the Board to rule with finality information regarding observations made at the Intervenor's April 19 site inspection came on May 21, in the form of an affidavit by Douglas King executed on May 13, contained in Intervenor's Answer Opposing the Motion for Summary Judgment (sic) dated May 19, 1981. That affidavit descr.ibes several hundred loosely stacked containing low--level solid drums'pparently wastes., However,, due to the posture of the.

filings made .by the several parties and. the, time pressures of prepar:i;ng for hearing, no information on this sub'ect has been received from the Licensee. or the Staff,.

(emphas'is added)..

The Board, wishes to. keep. the record open on the subject of solid wastes,, their storage onsite in .drums, .or. their transportation. or other .disposition. Accordi.ngly, all parties are requested and directed; to furnish reasonably detailed and concrete information-on these matters, by affidavits or means tending to establish reliability., The parties are also requested to state their positions regarding what action, if any, the Board can or should take in this regard, including possible license amendment conditions:.

Such. written information should be lodged.

with. the Board (not merely mailed) on or before 4:00 p..m. Monday,. June 15, 1981.

8. In its Memorandum and Order, the Board further specifically "Ordered":

3. That the parties are directed to file by 4:00 p.m. June 15, 1981 detailed information concerning the handling, storage, transportation or other disposition to be made of low-level solid waste that may be produced at the Turkey Point facility as a result of the proposed steam generator repairs.

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4. That the parties are further directed to state their positions as to whether the Board can or should take any action regarding solid waste resulting from steam generator repairs at Turkey Point, including the imposition of license amendment conditions.

9. Each of -the contentions, as amended, upon which Intervenor was. permitted to i:ntervene in this. proceeding have been summarily dismissed',, there is nothing to be heard; and no necessity for: an evidentiary hearing'." (Memorandum and Order, p., 38.,): Consequently, there is. no basis for Intervenor to commence: discovery depositi'ons relative .to low. level, solid.

wastes to be gener'ated .by the repairs.,

10.. The* Memorandum. and Order of May 28, 1981 nei'ther, contemplates nor reopens additional discovery by the parties in order to respond to the Board's request and direction to furnish information to it on the matter concerning, radioactive solid wastes. It specifically notes that information; has been submitted to the Board by affidavit on behalf of Intervenor by Douglas King, and further notes that " . . . no information on this subject has been received from the Licensee or the Staff".

If the Intervenor has no additional information, we respectfully submit that he should so state to the Board. Licensee will file with the Board an affidavit containing the information requested in the Order of May 28, 1981 on or before 4:00 P.M. Monday, June 14, 1981.

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WHEREFORE, Licensee specifically requests a protective order directing that the deposition of the two designated witnesses not be taken.

Dated this day of June, 1981.

Respectfully submitted, STEEL HECTOR & DAVIS Attorneys for Licensee 1400 Southeast First National.

Bank Building Miami, F 'or.ida 3'313'1

(.30 5) 57 2863 By:

orman A. Coll

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSON BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Docket Nos. 50-250-SP 50-251-SP IN THE MATTER OF POWER & LIGHT COMPANY )

)'LORIDA (Proposed Amendments to (Turkey Point Nuclear Generating ) Facility Operating

'Units Nos. 3 and 4 ) License to Permit Steam

,Generator Repairs)

CERTIFICATE OF SERVICE, I HEREBY CERTIFY that. a copy of of the foregoing:

Motion for a Protective; Order was served'n: the following~ by deposit in the United States mai.'1, first class, properly stamped and: addressed,, on the date, shown below:

• Marshall E. Miller, Esq., Administrative Judge Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Dr. Emmeth A. Luebke, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Dr. Oscar H. Paris, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Mark P. Oncavage 12200 S.W. 110th Avenue Miami, Florida 33176

Harold F. Reis, Esq.

Steven P. Frantz, Esq.

Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036

• Steven C. Goldberg, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

.Atomic S'afety and. Licensing. Board Panel U;.,S.. Nuclear Regulatory Commission Washing ton, D ..C. 20555 Docketing and'ervice Section

. Office. of the Secretary U..S'., Nuclear Regulatory. Commission Washington, D..C. 20555

• Bur.t S'aunders,. Esq..

Assistant Dade County Attorney 1626 Dade, County Courthouse.

Miami, Florida 33130

• Henry H. Harnage, Esq.

Peninsula Federal Building 10th Floor 200.E'. First Street Miami., Florida 33131,

• Neil Chonin, Esq.

1400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 STEEL HECTOR & DAVIS Co-counsel for Licensee 1400 Southeast First Nation 1 Bank Building Miami, F orida 33131 Telephon (305) 577-2 3 By or an A. Coll June 5, 1981

• Additional Service By Hand or Courier

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