ML19261E743

Objection Submitted by Util to Intervenor Skagitonians Concerned About Nuclear Plants 790625 Interrogatories & Document Requests.Questions Are Untimely & Not Prompted by Util 790619 Responses.Certificate of Svc Encl

ML19261E743
Person / Time
Site:	Skagit
Issue date:	07/06/1979
From:	Thomsen F PERKINS, COIE (FORMERLY PERKINS, COIE, STONE, OLSEN
To:
References
NUDOCS 7908300724
Download: ML19261E743 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATuhY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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

)

(SKagit Nuclear Power Project, ) July 6, 1979 Units 1 and 2) )

APPLICANTS' RESPONSE TO INTERVENOR SCANP'S INTERROGATORIES AND REQUESTS FOR PRODUCTION TO PCGET SOUND POWER & LIGHT COMPANY AND OTHER APPLICANTS DATED JUNE 25, 1979 On June 25, 1979 Intervenor SCANP served its " Interrogatories and Requests for Production to Puget Sound Power & Light Company and other Applicants" dated June 25, 1979.

Applicants' object to these interrogatories and requests on the ground that they are untimely. They were not served by the June 1, 1979 deadline for initial discovery requests that was fixed at the April 24, 1979 conference. Tr. 11,945-949. ?ur-thermore, they do not constitute follow up requests prompted by Applicants' responses served June 19, 1979 to SCANP's previous discovery requests that would be permitted within the 10-day period fixed for follow up requests.. Id. These interrogatories and requests relate to the possible formation of a subsidiary company and evidently stem from a newspaper article of June 7,

, 2022 335 7908ap07o37

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1979. Clearly they do not stem from nor were they prompted by Applicants responses of June 19, 1979. Accordingly they are untimely.

Additionally, Applicants object to these interrogatories and requests on the ground that the information sought falls outside the permissable scope of discovery under 10 CFR 2.740 (b) in that it does not relate to any matter dn centroversy in this proccad-ing nor is it reasonably calculated to lead to the discovery of admissible evidence. As is apparent from Applicants' Testimony on Financial Qualifications filed June 1, 1979, Applicants, in demonstrsting their ability to finance the Skagit Project, do not rely on the benefits that might result from (a) the adeption of regional power icgislation, (b) the formation of a subsidiary company, or (c) the of purchase by the Bonneville Power Admini-stration of the output of the Skagit units. To the contrary, Applicants have demonstrated their ability to fi, nance the SKagit Project without regional power legislation, use f a subsidiary company, or purchase of the output by BPA.

DATED: July 6, 1979 +

Respectfully submitted, Of Counsel:

PERKINS , CO_IE, STONE, Louenstein, Newman, Reis, OLSEN WILLIAM _S Axelrad & Toll "/

1025 Connecticut Avenue, N.W.

Washing ton, D. C. 20036

[d ud/'O /MJ/'Cm 7

F. Theodore Thomsen N(

Attorneys for Applicants 1900 Washington Building Seattle, Washington 98122 Phone (206) 682-8770

. . 2022 336

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSfNG BOARD In the Matter of )

)

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' RESPONSE TO INTERVENOR SCANP'S INTERROGATORIES AND REQUESTS FOR PRODUCTION TO PUGET SOUND POWER & LIGHT COMPANY AND OTHER APPLICANTS DATED JUNE 25, 1979 in the above-captioned proceeding have been served upon the persons shown on the attached list by depositing copies thereof in the United States mail on July 6, 1979 with proper postage affixed for first class mail.

DATID: July 6, 1979 1 M F. Theodore Thomsen Counsel'for Puget Sound Power &

Light Company 1900 Washington Building Seattle, Washington 98101 2022 33

• Date: July 6, 1979 y F

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.

Atomic Safety and Licensing Board Assistant Attorney General School of Natural Resources 500 Pacific Building University of Michigan 520 S.W. Yamhill Ann Arbor, MI 48109 Portland, OR 97204 Gustave A. Linenberger, Member Roger M. Leed, Esq.

Atomic Safety and Licensing Board Room 610 U.S. Nuclear Regulatory Commission 1411 Fourth Avenue Building Washington, D. C. 20555 Seattle, WA 98101 Alan S. Rosenthal, Chairman CFSP and FOB Atomic Safety and Licensing E. Stachon & L. Marbet Appeal Board 19142 So. Bakers Ferry Road U.S. Nuclear Regulatory Commission Boring, OR 97009 Washington, D. C. 20555 Robert Lowenstein, Esq.

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

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

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

Docketing and Service Section Rives, Bonyhadi, Drummond & Smith Office of the Secretary 1400 Public Service Building U.S. Nuclear Regulatory Commission 920 S.W. 6th Avenue Washington, D. C. 20555 -

Portland, OR 97204 (original and 20 copies)

Canadian Consulate General Richard L. Black,.Esq. Donald Martens, Consul Counsel for NRC Staff 412 Plaza 600 U.S. Nuclear Regulatory Commission 6th and Stewart Street Office of the Executive Legal Seattle, WA 98101 Director Washington, D. C. 20555 Patrick R. McMullen, Esq.

Skagit County Prosecuting Attorney Nicholas D. Lewis, Chairman Courthouse Annex Energy Facility Site Evaluation Mount Vernon, WA 98273 Council -

820 East Fifth Avenue Olympia, WA 98504 -

Thomas F. Carr, Esq. .

2022 338 Assistant Attorney General Temple of Justice Olympia, WA 98504 7/6/79