ML19256B482

Boston Edison Motion for Protective Orders & Objections to Commonwealth of Ma Interrogatories 33,34,35(d) & 39-41 Re Need for Power Issue

ML19256B482
Person / Time
Site:	05000471
Issue date:	06/26/1979
From:	Lewald G, Stoodley D BOSTON EDISON CO., ROPES & GRAY
To:
References
NUDOCS 7907120009
Download: ML19256B482 (6)

Text

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.n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

BOSTON EDISON COMPANY et al. )

) Docket No. 50-471 (Pilgrim Nuclear Generating Station, )

Unit 2) )

)

APPLICANT BOSTON EDISON COMPANY'S OBJECTIONS AND MOTIONS FOR PROTECTIVE ORDERS AND OBJECTIONS TO CERTAIN OF INTERROGATORIES PROPOUNDED BY THE COMMONWEALTH OF MASSACHUSETTS CONCERNING THE "NEED FOR POWER" TSSUE Applicant Boston Edison Company pursuant to 10 CFR S 2.740 herein objects and/or requests protective orders of this Board with respect to the following interrogatories propounded to it by the Commonwealth of Massachusetts.

Interrogatory 33

33. For each of the following nuclear power plants in New England:

1. Pilgrim I;

2. Millstone II;

3. Vermont Yankee;

4. Maine Yankee; and

5. Connecticut Yankee.

Please provide the following information:

a. the effective date of:

1. limited work authorization <

(if any), 850 0r /i 1

2. construction permit,

3. operating license, 79 0712 0 0 D T

b. che cost history of the plant, including for each estimate made:

1. the date of the estimate,

2. estimate in-service data,

3. estimated plant cost, including initial core,

4. estimated AFUDC,

c. the final actual cost of the plant.

Applicant Boston Edison Company to whom Interrogatory 33 is propounded objects to that part of said interrogatory which seeks information as to Millstone 2, Vermont Yankee and Maine Yankee for reason that Boston Edison Company has no ownership interest in said plants and does not have the information requested relating to said plants.

Interrogatory 34.

34. Please provide the following information for Seabrook i and 2 and Millstone 3:

a. effective date of

1. limited work authorization;

2. construction permit;

b. latest cost estimate update;

'c. the current estimates of percentage of plant completed, of in-service date, and of total expenditures to date.

Applicant Boston Edison Company to whom Interrogato"y 34 is propounded objects to said interrogatory for reason that Boston Edison has no ownership interest in Seabrook 1 and 2 and Millstone 3 and does not have the information requested by said interrogatory relating to the subject plants.

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Interrogatory 35

35. Please supply tne following information for each existing nuclear plant in New England for each year of its life:

a. total operating and maintenance expense (O+M);

b. OeM per MW;

c. 0+M per net MWH generated; and

d. additions to capital cost, as total dollar amount and as % of initial construction cost.

Applicant Boston Edison Company to whom InterroPatory 35 is propounded objects to Interrogatory 35(d) insofar as said interrogatory seeks information with respect to New England nuclear plants in which Boston Edison Company has no ownership interest and as to which it does not have the information requested.

Interrogatory 39.

39. Please provide, for Pilgrim II commercial operation of 12/85/, 12/88, 12/91, and 12/94, the capital-related costs which BECO (as opposed to its customers) would expect to incur in each year 1979 to 2020, in connection with Pilgrim II. Please list separately construction costs (as incurred),

Operating and Maintenance expenses, property taxes, and nuclear fuel purchases.

Applicant Boston Edison objects to no much of Inter-rogatory 39 as calls upon Boston Edison to provide for hypo-thetical commercial operation dates of 12/91 and 12/94, certain capital-related costs, operating and maintenance costs, and fuel purchases which Boston Edison might expect to incur in 835 073

each year 1979 to 2020. Boston Edison does not now have in its possession the information which is requested. In order to provide the information, Boston Edison at great expense and time would have to undertake separate studies and evalua-tions of no utility to it. Boston Edison will provide the information requested by the interrogatory for commercial dates of 12/85 and 12/88 but requests that a protective order issue to protect it from the undue burden and expense of conducting studies and evaluation with respect to other commercial dates viz: December 1991 and 1994.

Interrogatory 40.

40. Please provide recalculations of the " Fuel" tables of Ex. NP-37, NP-39, and NP-41, assuming Pilgrim II actually achieves the same capacity factor in each year of '

operation that Pilgrim I achieved in the corresponding calendar year of operation.

Applicant Boston Edison Company objects to Inter-rogatory 40 for reason that it has not now in its possession calculations of the " Fuel" tables of Exhibits NP-37, HP-39 and NP-41 which assume Pilgrim 2 achieves capacity factors corresponding to those achieved by Pilgrim 1 in each calendar year of operation. In order to put itself in a position to provide the information requested, Boston Edison would have to undertake a recalculation of three exhibits for each of

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seven years Pilgrim 1 has been in operation, all at great expense and burden to it, and for no apparent purpose other than to provide the intervenors with a hypothetical postu-lated argument. It is requested that a protective order issue protecting Boston Edison from the preparation of and the burden of carrying out the recalculations sought by said interrogatory.

Interrogatory 41.

41. Please provide the following documentation for "the Company's production cost program" and its application:

a. a listing of the program;

b. a copy of the user's manual for the language in which it is written;

c. a copy of any existing user's manual or instructions for the program;

d. a flow chart of the program; and

e. complete inputs and outputs for all runs of the program used in developing the Exhibits NP-33 through NP-43.

Applicant Boston Edison Company obj ec ts to Inter-rogatory 41 which calls for the Company to provide the Commonwealth with certain documentation relating to "the Company's production cost program" and its application.

The so-called " Company's production cost program" as the Attorney General is well aware from Massachusetts DPU pro-ceeding, DPU Docket No. 19494, in which he is an intervenor, is a computer program under copyright by General Electric 835 075

Company, which Boston Edison Company is not at liberty to reproduce under the terms of its agreement wlth the Genera:1 Electric Company. As in DPU 19494, Boston Edison Company will make the information requested available for inspection by the Attorney General or his designee on the Company's premises for the purposes of this proceeding pursuant to a protective agreeme- .nat the person or persons will not copy or disclose the program to third parties. The input assump-tions and outputs for all runs of the computer program used in developing the Exhibits in the instant proceeding will be provided in accordance with the interrogatory's request.

Accordingly, it is requested that for the purposes of expe-diting discovery that a protective order issue from this Board in the nature above-described so that the Attorney General may have his discovery while at the same time pro-tecting the proprietary rights of General Electric Company which the Applicant Boston Edison is under obligation to safeguard.

By its Attorneys, g

George'H. Lewald nik Ropes & Gray 225 Franklin Street Boston, Mass. 02110 Dale G. Stoodley Boston Edison Company 800 Boylston Street Boston, Mass. 02199 Dated: June 26, 1979 Q36 0,/b