ML19210E626
| ML19210E626 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 11/28/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | MIAMI VALLEY POWER PROJECT |
| References | |
| NUDOCS 7912050426 | |
| Download: ML19210E626 (5) | |
Text
11/28/79 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et _al.
)
)
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
NRC STAFF RESPONSE TO MIAMI VALLEY POWER PROJECT'S INTERROGATORIES REGARDING CONTENTION 13 On November 13, 1979 the NRC Staff received interrogatories from Miami Valley Power Project (MVPP) reoarding its contention number 13. That contention states:
The equipment used in the construction and operation of the olant will be excessively costly and, in effect, beyond the financial capability of Applicants. Applicants are financia's
[ sic'l unqualified to operate the plant because of escalating costs.
Discovery uoon thf s contention was closed on May 21, 1979 when the prehearing conference was held in Cincinnati (10 CFR 552.740(b)(1) and 2.752). On July 30,
- 79 the Applicants' announced a new cost estimate for the Zimer project of 850 million dollars, the previous estimate having been 592 million dollars. MVPP moved on August 24, 1979 to reopen discovery on contention 13.
The NRC Staff supported the motion insofar as it went to the announced increased in cost from 592 to 850 million dollars.
In its Order of October 1,1979 the Licensing Board concurred with the Staff's views and authorized discovery upon the increased cost estimate for the Zimmer facility.
1494 254 791205o N 6 G-
. With respect to the Intervenor's interrogatories to the Staff regarding contention 13, the Staff interposes its objection to interrogatories 1-4 in that they are not relevant to the Applicants' ability to finance the increased cost estimates, nor are those interrogatories likely to lead to the discovery of relevant information.
Interrogatory number 1 states:
Identify in specific tems each design, construction, engineering, safety, quality, installation, or other problem contributing to the delay of the fuel loading date of the Zinmer Station as announced by CG&E in July,1979.
Interrogatories 2, 3 and 4 ask for further infomation on the items listed in response to the first interrogatory.
10 CFR %2.740(b),
10 CFR 52.740(b)(1) of the NRC Rules and Regulations, as does Rule 26(b)(1) of the Federal Rules of Civil Procedure, restricts discovery to "any matter
... which is relevant to the subject matter involved ir the proceeding..."
or which could lead to the discovery of relevant evidence. The interrogatory is beyond the Licensing Board's Order of October 1,1979 which only allowed a reopening of discovery in regard to the finar.cial capability of the Ap-plicant to construct and operate the Zimmer facility. Questions in regard to problems contributing to delay do not appear relevant to Applicants' ability to finance the increased costs. Such questions seem to enter into areas of technical cause of delay, rather than questions of financial capability, and appear to be an indirect method of raising new issues relative to the former subjects. Further, the Staff also objects to interrogatory numbers 1-4 as they 1494 255 seek infomation beyond that in the possession and control of the NRC Staff.
The Staff does not in its review of the licensina of a commercial nuclear power facility identify every problem that contributes to delay of completion nor would it seem possible for the Staff to do so. The Staff also objects to interrogatory number 5 which seeks current revised costs of construction as these were provided by Applicants to MVPP, and thus that information is already possessed by MVPP. No additional infomation above that supplied by the Applicant to all parties on the announced increase in capital costs from 592 to 850 million dollars is within the possession or control of the NRC Staff.
Insofar as the Staff may acquire such information in the future from the Applicants, it will be provided to MVPP by the Applicants at the san.e time it is furnished to the NRC Staff.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 28th day of November, 1979 1494 256
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!EISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimer Nuclear Power
)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MIAMI VALLEY POWER PROJECT'S INTERROGATORIES REGARDING CONTENTION 13" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 28th day of November,1979:
Charles Bechhoefer, Esq., Chairman
- leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W. Peter Heile, Esg.
Assistant City Solicitor Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 University of Michigan Ann Arbor, Michigan 48109 Timothy S. Hogan, Jr., Chairman Board of Comissioners Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing Clermont County Board Panel Batavia, Ohio 45103 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
Clermont County Comunity Council Troy B. Conner, Esq.
Box 181 Conner, Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 1494 257
William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.S. Nuclear Regulatory Comission P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio 45201 r
Docketina and Service Section*
Atomic Safety and Licensing Office of the Secretary
, Board Panel
- U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 David Martin, Esq.
Office of the Attorney General 209 St. Clair Street First Floor Frankfort, Kentucky 40601 Charles A. Barth Counsel for NRC Staff 1494 258
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