ML19211A180
| ML19211A180 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 12/11/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912170158 | |
| Download: ML19211A180 (5) | |
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a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 12/11/79 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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SACRAMENTO MUNICIPAL UTILITY
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Docket No. 50-312 (SP)
DISTRICT
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(Rancho Seco Nuclear Generating Station)
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NRC STAFF RESPONSE TO CALIFORNIA ENERGY COMMISSION'S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS DIRECTED TO THE NUCLEAR REGULATORY COMMISSION By its First Request for the Production of Documents, the California Energy Comission (CEC) sought production at CEC offices in Sacramento, California of "All Documents Identified by the NRC in its Response to the ' California Energy's Comission's First Set of Interrogatories to the Nuclear Regulatory Commission' dated November 15, 19 79".M The NRC Staff would note that, under the rules of discovery as applied to the NRC Staff, specifically 10 CFR S 2.744(b), it is a proper objection to a docu-ment or record request that:
... (1) it [the document or record] is not relevant or (2) it is exempted from disclosure under 6 2.790 and the dis-closure is not necessary to a proper decision in the pro-ceeding or the document or the information therein is reasonably obtainable from another source,...
y California Energy Commission's First Request for Production of Docu-ments to the Nuclear Regulatory Comission, p. 2.
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'f 9 b 15f
The Staff would also note the NRC's Rules of Practice provide that the request for the production of documents specify a "... reasonable time, place and manner of making the inspection and perfonning the related acts".
See 10 CFR 6 2.741(c).
Without conceding the relevancy of any of the documents requested by CEC to any of the issues in this proceeding or their necessity to a proper decision in this proceeding, and without waiving its right to raise all proper objections to future document requests, the Staff responds to this first CEC document request as follows.
Given the large volume of documents identified by the NRC Staff in its Response to CEC's First Set of Interrogatories to the NRC, the Staff does not view it as reasonable to physically provide copies of all these docu- ~
ments to CEC at its California offices. The Staff has provided to CEC as enclosures to the Interrogatory Responses copies of those documents which were easily reproducible and seemed to the Staff particularly germain to the Staff Responses.
Certain other documents are already available to CEC through the NRC Staff's Board Notifications, e.g., NUREG-0578 and NUREG-0585.
With regard to other documents which have been specifically identified in the NRC Staff Responses, copies have not been provided to CEC but will be made available for inspection and copying by CEC at NRC offices where the documents are held either in Bethesda, Maryland or in Walnut Creek, Cali-fornia. On this point, the NRC Staff would note that CEC is represented by both California and Washington counsel.
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- With regard to additional documents which have not been specifically iden-tified by the NRC Staff in its Interrogatory Responses but which are known to exist in great volume and number, such as the personal files of a number of individuals who have worked on the issues raised in this proceeding, these documents will also be made available for inspection and copying at NRC Offices where they are held to the extent that CEC can specify with greater particularity which subject areas and personal files it wishes to examine. The Staff raises no objection to the production of any such docu-ments at this time but seeks the cooperation of CEC in responding to its request.
Respectfully submitted,
- . M SOFRichar K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of December,1979.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of SACRAMENTO MUNICIPAL UTILITY
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Docket No. 50-312 DISTRICT Rancho Seco Nuclear Generating Stai. ion CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CALIFORNIA ENERGY COMMISSION'S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS DIRECTED TO THE NUCLEAR REGULATORY COMMISSION," 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 lith day of December, 1979:
Elizabeth S. Bowers, Esq., Chairman Atomic Safety and Licensing Board Panel Gary Hursh, Esq.
U.S. Nuclear Regulatory Commission 520 Capitol Mall Washington, D.C.
20555 Suite 700 Sacramento, California 95814
- Dr. Richard F. Cole Atomic Safety and Licensing Board Panel Mr. Richard D. Castro U.S. Nuclear Regulatory Commission 2231 K Street Washington, D.C.
20555 Sacramento, California 95816
- Mr. Frederick J. Shon James S. Reed, Esq.
Atomic Safety and Licensing Board Panel Michael H. Remy, Esq.
U.S. Nuclear Regulatory Commission Reed, Samuel & Remy Washington, D.C.
20555 717 K Street, Suite 405 Sacramento, California 95814 David S. Kaplan, Esq.
General Counsel Christopher Ellison, Esq.
Sacramento Municipal Utility District Dian Grueneich, Esq.
P. O.
Box 15830 California Energy Commission Sacramento, California 95813 1111 Howe Avenue Sacramento, California 95825 1593 266
- Atomic Safety and Licensing Mr. Michael R. Eaton Board Panel Energy Issues Coordinator U.S. Nuclear Regulatory Commission Sierra Club Legislative Office Washington, D.C.
20555 1107 9 Street, Room 1020 Sacramento, California 95814
- Atomic Safety and Licensing Appeal Board Panel Thomas A. Baxter, Esq.
U.S. Nuclear Regulatory Comission Shaw, Pittman, Potts & Trowbridge Washington, D.C.
20555 1800 M Street, N.W.
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Herbert H. Brown, Esq.
Lawrence Coe Lanpher, Esq.
Hill, Christopher and Phillips, P.C.
1900 M Street, N.W.
Washington, D.C.
20036 Stephen H. Lewis 1593 267