ML19263B803

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Grants NRC Motion for Protective Order Re Petitioner to Intervene Carolina Environ Study Group 781219 Interrogatories,Questions 95,97,98 & 99.Upholds NRC Assertion That Questions Are Irrelevant
ML19263B803
Person / Time
Site: 07002623
Issue date: 01/15/1979
From: Lazo R
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7901240290
Download: ML19263B803 (2)


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In the Matter of

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DUKE POWER COMPANY

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Docket No. 70-2623 (Amendment to Materials License

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SNM-1773 for Oconee Nuclear Station

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Spent Fuel Transportation and Storage at McGuire Nuclear Station)

ORDER (January 15, 1979)

On January 9,1979, the NRC Staff filed a request for a protec-tive order concerning certain interrogatories served upon the Staff by CESG on December 19, 1978.

The Staff's objection to Interrogatory 95 is based upon its assertion that the information sought is reasonably available from another source. The post irradiation equipment which is the subject of the interrogatory is used by licensee's fuel supplier Babcock &

Wilcox (B&W) which owns the surveillance equipment. Accordingly, either the Applicant or B&W could readily provide a detailed description of the equipment and its function.

The objections registered by the Staff to CESG's interrogatories 97, 98 and 99 are each on the grounds of relevance. We agree with the 7901240#9 D Staff that there appears to be no connection between the subject matter of these questions and the admitted contenfions of CESG. Responses to these interrogatories are therefore not necessary to a proper deci-sion in this proceeding.

Accordingly, the Staff's objections are sustained and the Staff's motion for a protective order regarding questions 95, 97, 98 and 99 of CESG's interrogatories of December 19, 1978, is granted. The Staff need not answer these interrogatories.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD JA~ Y 04)

Rdbert M. Lazo, Cha p n Dated at Bethesda, Maryland, this 15th day of January,1979.