ML19253B435
| ML19253B435 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 09/11/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7910150679 | |
| Download: ML19253B435 (5) | |
Text
09/11/79 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the l'.atter of CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et a_1_.
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No. 1)
)
NRC STAFF MOTION TO STRIKE MIAMI VALLEY POWER PP,0 JECT CONTENTION NUMBER 17, CONCERNING FIRE PROTECTION OF CABLE TRAYS AND THE TERMINATION 0F ALL DISCOVERY RELATING THERET0 The Staff moves to strike contention 17, relating to the fire protection of cable trays, as a basis for the contention no longer exists.
The Staff also moves to terminate all discovery on this contention.
Under 10 CFR 2.714(b) the bases for contentions must be set out with " reasonable speci fici ty. " The intervenor Miami Valley Power Project (MVPP) put forward contention 17, and based it solely on specificity supplied by Robert Hofstadter's representations concerning the inadequacy of fire protection for the cable trays.
(Tr. 175). As this Loard recounted MVPP's basis for seeking the admission of contention 17, in its Memorandum and Order of August 17,1979, "Mr. Hofstadter's examination [of an Underwriter's Laboratory test of kaowool] revealed that tests on insulation material was inadequately performed... and discovered that the tests of the material were actually failures."
It was on this basis that contention 17 was accepted into controversy.
At 1:14 p.m., Friday, September 7,1979, the undersigned Staff counsel was informed by Tawn Fichter, counsel for Miami Valley Power Project (MVPP), that Mr. Robert Hofstadter would not comply with the subpoena issued for his 1151 049 791oiso#f
. deposition on September 3,1979 at Room 417, Federal Bldg., 219 South Dearborn Street, Chicago, Illinois, that he would not comply with the Staff's Notice of Deposition issued on August 15, 1979, that he will not respond to the Staff Interrogatories served on August 16, 1979 and that he will not be a witness for the MVPP on contention number 17. A copy of a confinning telegram is attached.
Thus there is now no reasonably specific basis for contention 17, as required by 10 CFR 2.714(b), and it should be stricken.S Further, all discovery on contention 17 should be terminated as under 10 CFR 2.740(b)(1), discovery "shall relate only to matters in controversy..."
The matter of protecting cable trays from fire will be addressed in the Staff Supplement to the Safety Evaluation Report.
Should the Board wish to pursue this matter further, the Staff invites the Board to indicate its area of interest and the Staff will respond to the Board's interest at the next session of hearing.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of September,1979 3 ailure to reply to discovery requests has been cause for dismissal of F
intervenors.
Offshore Power Systems (Fioating Nuclear Plant), LBP-75-67, 2 NRC 813 (1975); Northern States Power Co. (Tyrone En rgy Park, Unit 1),
LBP-77-37, 5 NRC 1298, 1300 (1977); see also Gulf States Utilities Co_.
(River Bend Station, Units 1 & 2), ALAB-358, 4 NRC 558 (1976).
While the discovery was not sought directly of MVPP, it was sought of the person on whom it based its contention. The failure of MVPP to support its contention by having this person available for discovery, lends weight to the appropriateness of striking the contention 17.
115l 050
ATTACHf1ENT i ;
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ICS IPMANGZ CSP 5119411670 T09N CJNCINNATI OH PR 09 07 12R1P EST PMS CHARLES 9ARTH, OLR fl.S. REFULATORY COMMISSION
'a' A S H I N A T ON OC ?q555 AS Rn9ERT HorrSTanTFR HAS DECIDED NOT TO 9E A WITNF.SS FOR CONTENTION 87, Hr Wit.L NOT APPEAR AT THE SEPTEM9ER 17 DEPOSITION TA'4N F]CHTFR, M I AMI VALLEY POWER.*ROJcCT a\\NNN 1151 051 WU T'vX nS H NRC 9HOA e
eo.w%,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY Afl0 LICENSING BOARD i
In the Matter of I
CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE l
I hereby certify that copies of "NRC STAFF MOTION TO STRIKE MIAMI VALLEY I
POWER PROJECT CONTENTION NUMBER 17, CONCERNIflG FIRE PROTECTION OF CABLE TRAYS AND THE TERMINATION OF ALL DISCOVERY RELATING THERET0" 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 Cormission's internal mail system, this lith day of September,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 i
Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 Uriversity of Michigan Ann Arbor, Michigan 48109 Timothy S. Ilogan, Jr., Chairman Board of Comissioners Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing clermont County Board Panel Batavia, Ohi.
45103 U.S. Nuclear Regulatory Ccamission 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 1151 052
. William J. tbran, Esq.
Atomic Safety and Licensinq General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.S. Nuclcar Regulatory Comnission P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio 45201 Docketina and Service Section*
Atomic Safety and Licensing Office of the Secretary
. Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Y
Charles A. Barth Counsel for NRC Staff 1151 053
.