ML19210E854

Objection to Intervenor Miami Valley Power Project 791109 Interrogatories Re Contention 13 & Request for Protective Order.Requested Info Outside Scope of Issues Determined by Aslb.Certificate of Svc Encl

ML19210E854
Person / Time
Site:	Zimmer
Issue date:	11/27/1979
From:	Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER, MOORE & CORBER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912130090
Download: ML19210E854 (4)

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UNITED STATES OF AMERICA I/27 $

NUCLEAR REGULATORY COMMISSION h els~ , . OA-br h 3 In the Matter of ) / F

) f lui The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) )

APPLICANT'S OBJECTIONS TO CERTAIN OF INTERVENOR MIAMI VALLEY POWER PROJECT' S INTERROGATORIES RELATING TO CONTENTION 13 AND MOTION FOR A PROTECTIVE ORDER On November 9, 1979, Miami Valley Power Project

("Proj ect" ) , Intervenor in the captioned proceeding, filed a set of interrogatories on the Applicant, The Cincinnati Gas

& Electric Company, et al., relating to Contention 13. For the reasons stated hereinafter, Applicant objects to Inter-rogatory 1 inasmuch as it concerns matters beyond the limited issues for further discovery as determined by the Atomic Safety and Licensing Board (" Licensing Board") and is not reasonably calculated to lead to admissible evidence.

Applicant is responding to the remainder of the Project's latest set of interrogatories. Applicant further moves, pursuant to 10 C.F.R. 52.740(c), for a protective order that the objectionable discovery not be had.

In its Memorandum and Order Ruling on Various Motions and Rescheduling Evidentiary Hearing dated Cctober 1, 1979, at 5, the Licensing Board stated that "(w]e find then ad-ditional discovery on Contention 13 to the extent outlined 1543 230

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by the Staff, is warranted and we grant MVPP's motion [for reopening formal discovery on Contention 13] on that basis (emphasis supplied]." In the previous paragraph, the Licensing Board summarized the Staff's position with regard to the scope of discovery which it had specifically approved:

The Staff recommends that we authorize discovery relating to the ability of the Applicants to finance the recently announced increases in cost, including work yet to be performed and costs yet to be incurred.

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As pointed out by the Staff,-~ discovery on Contentien 13 was formally closed months ago. The Project had literally years to pursue general discovery related to this conten-tion. Thus, discovery whose scope is beyond the Board's October 1, 1979 Order should not be permitted.

Interrogatory 1 seeks to look behind the recent cost increases and is thus beyond the scope of the Board's per-mitted discovery which, as shown above, is limited to whether the Applicant is financially qualified, given the cost increases. Thus Interrogatory 1 is defective and no response should be required.

Respectfully submitted, CONNER, MCORE & CORBER 4 a Mark J. Wetterhahn Counsel for the Applicant November 27, 1979

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• / NRC Staff's Response to Miami Valley Power Project's Motions for Full Disclosure and Additional Discovery on Financial Qualifications dated September 13, 1979.

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UNITED STATES OF AMERICA hh h NUCLEAR REGULATORY CCMMISSION 8 wUH UERIUlld IL h

In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Ccmpany, et al. )

)

(William H. Zin er Nuclear Pcwer )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Objections to Certain of Intervenor Miami Valley Power Project's Inter-rogatories Relating to Contention 13 and Motion for a Protec-tive Order," dated November 27, 1979, in the captioned matter were. served upon the following by deposit in the United States mail this 27th day of November, 1979:

Charles Bechhoefer, Esq. Michael C. Farrar, Esq.

Chai.~an, Atomic Safety Atcmic Safety and Licensing and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmmission Ccmmission Washington, D.C. 20555 Washingten, D.C. 20555 Dr. Frank F. Ecoper, Member Chair an, Atomic Safety and Atemic Safety and Licensing Licensing Appeal Scard Panel Board U.S. Nuclear Regulatory School of Natural Resources Ccmmission University of Michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Mr. Glenn O. Bright, Member Licensing Scard Panel Atcmic Safety and Licensing U.S. Nuclear Regulatory Scard Ccmmission U.S. Nuclear Regulatory Washington, D.C. 20555 Cccmission Washing cn, D.C. 20555 Charles A. Barth, Esq.

Counsel for the NRC Staff Richard S. Salzman, Esq. Office of the Executive Legal Chairman, Atcmic Safety and Director Licensing Appeal Ecard U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmmission Ccmmission '

Washington, D.C. 20555 Washington, D.C. 20555 William J. Moran, Esq.

Dr. Lawrence R. Quarles General Counsel Atcmic Safety and Licensing Cincinnati Gas & Electric Appeal Scard Company U.S. Nuclear Regulatory Post Office Sox 960 Commission Cincinnati, Ohio 45201 Washington, D.C. 20555 1543 232

Mr. Chase R. Stephens Leah S. Kosik, Esq.

Docketing and Service Section Attorney at Law Office of the Secretary 3454 Cornell Place U.S. Nuclear Regulatory Cincinnati, Ohio 45220 Comission Washington, D.C. 20555 John D. Woliver, Esq.

Clermont County Community William Peter Heile, Esq. Council Assistant City solicitor Box 181 City of Cincinnati Batavia, Ohio 45103 Box 214 Cincinnati, Ohio 45202 Bi -

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