ML19254E404

Objection to Skagitonians Concerned About Nuclear Power 790914 Interrogatories & Requests for Production of Documents Re Geology & Seismology Issues.Discovery Untimely. Questions Burdensome.W/Certificate of Svc Encl

ML19254E404
Person / Time
Site:	Skagit
Issue date:	09/21/1979
From:	Little D PERKINS, COIE (FORMERLY PERKINS, COIE, STONE, OLSEN, PUGET SOUND POWER & LIGHT CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911010050
Download: ML19254E404 (5)

Text

. .

[>'~

s . '

N3 l~Y j '

gi h iN ,# c f'

p g 2 UNITED STATES OF AMERICA

-. 49'j{# H NUCLEAR REGULATORY COMMISSION 7 A3l

$ GC[N ' o [ BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 61-In the Matter of )

)

PUGET SOUND POWER & LIGHT ) Docket Nos. 50-522 COMPANY, et al., ) 50-523

)

(Skagit Nuclear Power Project ) September 21, 1979 Units 1 and 2) )

)

APPLICANTS' OBJECTION TO INTERVENOR SCANP'S INTERROGATORIES AND REQUESTS FOR PRODUCTION TO APPLICANT DATED SEPTEMBER 14, 1979 On September 14, 1979, Intervenor SCANP sent a lengthy set of interrogatories and requests for produc-tion to Applicant Puget Sound Power & Light Company and its attorneys. This set of discovery concerns the sub-jects of geology and seismology.

Applicants object to Intervenor SCANP's Interroga-tories and Requests for Production dated September 14, 1979 on several grounds. First, SCANP's discovery is untimely. The discovery was not served by the June 1, 1979 deadline for initial discovery request that was fixed at the April 24, 1979 conference. Tr. 11,945-949.

Applicants note that Intervenor SCANP was able to comply with that deadline and did submit to Applicants a number of interrogatories and requests for production on_the subjects of geology and seismology, dated May 24, 1979.

1282  :

1911010codi dD

Second, Applicants object to many of the questions because they call for additional work or studies by Applicants. For example, interrogatory number 8 calls for the preparation of neu geologic maps, redrafted geologic cross sections, aeromagnetic contour maps, gravity contour maps and other maps. They set of dis-covery contains numerous other examples of requests for additional work or revised documents. In effect, SCANP seeks to have studies reperformed and data newly pre-sented in a manner suitable to it. Such requests go beyond the proper scope of discovery.

Third, Applicants object to the burdensome nature of the interrogatories and requests for production.

The interrogatories are extremely lengthy (continuing for some 88 pages) and seek a great amount of detail, some of which is of questionable materiality. An ex-tensive and very time consuming effort would be required to answer the interrogatories. Preparation of answers would be by persons who are busy preparing themselves as witnesses for the upcoming hearing on geology and seis-mology. Therefore, answering this set of untimely dis-covery would prejudice Applicants' preparation for the final hearing.

Finally, Applicants note that the questions, to the extent they are deemed relevant, and material, can I 2b2 ._ ((

be pursued much more efficiently by means of cross examination of Applicants' witnesses at the upcoming hearing.

Dated: September 20, 1979.

Respectfully submitted, PERKINS, COIE, STONE, OLSEN & WILLIAMS I -

0 7 D g . Little Attorneys for Applicants 1900 Washington Building Seattle, Was'ilngton 98101 Phone (206) 082-8770 Of Counsel:

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

Washington, D. C. 20036 1282 ::

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

In the Matter of )

1

)

PUGET SOUND POWER & LIGHT COMPANY,) DOCKET NOS.

et al. )

] ) 50-522

(Skagit Nuclear Power Project, ) 50-523 Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that the following:

APPLICANTS' OB JECTION TO INTERVENOR SCANP 'S i INTERRCGATORIES AND REQUESTS FOR PRODUCTION TO APPLICANT DATED SEPTEMBER 14, 1979 in the above-captioned proceeding have been served upon the i

persons shown on the attached list by depositing copies thereof in the United States mail on September 21, 1979 with proper postage affived for first class mail.

DATED: September 21, 1979 KopgMis o

/ E.r/dth

'5. Little Counsel for Puget Sound Power &

Light Company 1900 Washington Building

, Seattle, Washington 98101 i282 _:

, , Date: September 21, 1979 Valentine B. Deale, Chairman Robert C. Schofield, Director Atomic Safety and Licensing Board Skagit County Planning Department 1001 Connecticut Avenue, N.W. 218 County Administration Building Washington, D. C. 20036 Mount Vernon, WA 98273 Dr. Frank F. Hooper, Member Richard M. Sandvik, Esq.

Chairman of Resource, Ecology, Assistant Attorney General Fisheries and Wildlife 500 Pacific Building University.of Michigan 520 S.W. Yamhill School of Natural Resources Portland, OR 97204 Ann Arbor, MI 48109 Roger M. Leed, Esq.

Gustave A. Linenberger, Member Room 610 Atomic Safety and Licensing Board 1411 Fourth Avenue Building U.S. Nuclear Regulatory Commission Seattle, WA 98101 Washington, D. C. 20555 CFSP and FOB Alan S. Rosenthal, Chairman Eric Stachon Atomic Safety and Licensing 1345 S.E. Yamhill Appeal Board Portland, OR 97214 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Robert Lowenstein, Esq.

Lowenstein, Newman, Reis, Dr. John H. Buck, Member Axelrad & Toll Atomic Safety and Licensing 1025 Connecticat Avenue, N.W.

Appeal Board Washington, D. C. 20036 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Warren Hastings, Esq.

Associate Corporate Counsel Michael C. Farrar, Member Portland General Electric Company Atomic Safety and Licensing 121 S.W. Salmon Street Appeal Board Portland, OR 97204 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 James W. Durham Docketing and Service Section Portland General Electric Company 121 S.W. Salmon Street Office of the Secretary. Portland, OR 97204 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Richard D. Bach, Esq.

(criginal and 20 copies) Rives, Bonyhadi, Drummond & Smith 1400 Public Service Building Richard L. Black, Esq. 920 S.W. 6th Avenue Counsel for NRC Staff Portland, OR 97204 U.S. Nuclear Regulatory Commission Office of the Executive Legal Canadian Consulate General Director Donald Martens, Consul Washington, D. C. 20555 412 Plaza 600 6th and Stewart Street Nicholas D. Lewis, Chairman Seattle, WA 98101 Energy Facility Site Evaluation Council Patrick R. McMullen, Esq.

820 East Fifth Avenue Skagit County Prosecuting Attorney Olympia, WA 98504 Courthouse Annex Mount Vernon, WA 98273 Thomas F. Carr, Esq.

Assistant Atto4ney General Temple of Justice Olympia, WA 98504

]282 "^^~ -

8/22/79