ML19263E166
| ML19263E166 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/14/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906020258 | |
| Download: ML19263E166 (21) | |
Text
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May 14, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ARIZONA PUBLIC SERVICE
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Docket Nos. STN 50-592 COMPANY, E_T_ _AL.
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STN 50-593
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(Palo Verde Nuclear Generating
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Station, Units 4 and 5)
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FIRST SET OF INTERR0GATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM NRC STAFF TO LARRY BARD Preface Pursuant to Section 2.740b and 2.741 of the Comission's Rules of Practice, the NRC Staff propounds the following Interrogatories and Requests for Production of Documents to Larry Bard.
I.
Instructions 1.
Each Interrogatory must be answered separately and fully in writing under oath or affirmation by the person or persons making them within 14 days from the date of service, and each document requested must be produced no later than 30 days after service of these Interrogatories and Requests for Production.
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N 2.
As used herein the singular form of a noun or p'ronoun shall be con-sidered to include within its meaning the plural form of the noun or prorioun so used, and vice versa; in similar fashion, the use of the masculine fom of a pronoun shall be considered to also include within its meaning the feminine form of the pronoun so used, and vice versa; and in a similar fashion, the use of tense of any verb shall be considered
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to also include within its meaning all other tenses of the verb so used.
3.
These Interrogatories shall be deemed continuing, so-as to require additional answers if after answering such Interrogatories you obtain
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information upon the basis of which it knows a response was incorrect when made, or it knows that the response though, correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
4.
In your answer, repeat each Interroghtory set forth herein and then set forth the answer thereto separately and fully. As to any Interrogatory, section or subsection of said Interrogatory that you refuse to answer for any reason, separately state the grounds for any such refusal. Where a complete answer to a particular Interrogatory, section or subsection of said Interrogatory is not possible, such Interrogatory, section or sub-section of said Interrogatory should be answered to the extent possible
' - and a statement made indicating the reason for the partial answer.
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5.
If any response is withheld, in whole or in part, for any reason, including but not limited to any claim of privilege, confidentiality or tra'5I secret, set forth the basis upon which such response is withheld, and include in suc.h explanation a statement of what is being withheld, the whereabouts of all documents referring expressly to whatever response is being withheld, and the identity of all persons who have seen any documents being withheld or have knowledge of the matters being withheld.
II.
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Definitions The follewing definitions and instructions shall apply to these Inter-rogatories:
1.
The words " identify," " identity" or " identification" when used in reference to a natural person means to state his full name and present or last known address, his present or last known position in business affiliation, and each of his positions during the relevant period; when used in reference to a business entity, means to state the name, address and any account or computer number to which such entity is referred to in your records; when used in reference to a document, means to state the type of document 2300
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- (i.e., letter, memorandum, chart, sound production,' report, computer input or output, etc.), the location where it is maintained, all identifying marks and codes, the addressee, the document date, author, and ~ persons to whom copies were sent or persons initiating or reading or approving the document and the name of each of the present custodians of the document.
If any such document was, but is no longer in your possession or subject to your control, or in existence, state whether it is (1) missing or lost, (2) has been destroyed, (3) has been transferred, voluntarily or involuntarily, to others, or (4) otherwise disposed of, and in each instance, explain the circumstances surrounding an authorization for such disposition thereof and state the date or approximate date thereof.
2.
The terms " document" or " documentation" mean and include every writing or record of any type and description that is in your possession, control or custody of your attorney's possession, control or custody as of the date of filing your answers to these Intbrrogatories, including, but not limited to, correspondence, memoranda, stenographic or handwritten notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, voice recordings, reports, surveys, statistical compilations, work papers, data processing cards, :omputer tapes or print-outs, or any other writing or record of any kind.
The term ' document" also includes every copy of a writing or record where such copy contains any commentary or notation of any kind that does not appear on the original or 2300 ;02
on any other copy. Without limitation of the term " control," a document is deemed to be within your control if you have ownership, possession, or custody of the document or a copy thereof, or 'he right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
3.
" Studies" means all analyses of every type, including but not limited to evaluations, reports, research, examinaticns, abstracts, criticisms, calculations, tabulations, compilations, compendiums, surveys, books, essays, monographs, and all other investigations, published or unpublished.
4.
" Relating to" means relating to in any way and includes the documents which are the subject of the request (e.g., " relation to a study" includes the study itself). Requests cont raing a study or basis should be under-stood to include all input considered and all possible outcomes with respect to such study or basis.
For example, requests for documents relating to engineering studies would include all data compiled but not used ard all results considered but rejected.
III.
Interroaatories Contention 1 1.
Is it your position that the measures to be taken to prevent seepage
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L., w the Paio Verde site are inadequate?
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2.
If the answer to the preceding question is affirmative, state whether you have performed or relied on any studies which support the allegation that measures to be taken to prevent seepage of contaminants into the perched water zone.under the Palo Verde site are inadequate.
Identify and produce any such studies including the methodology and all calculations on which you rely to substantiate Contention 1.
3.
If the answer to the preceding question is negative, state the facts upon which you rely in supporting the allegation that the measures to be taken.to prevent seepage of contaminants into the perched water zone under the Palo Verde site are inadequate and produce all documents which support your answer.
If you rely upon any person.in order to substantiate this allegation, identify each such person and for each person so identified supply the person's professional qualifications.
4.
Identify each person you intend to call as a witness at-the-hearing-in-
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this matter to testify relating to this contention or any part of this contention, and as to each witness to be offered as an expert provide:
(a) tne person's qualifications as an expert, 2300.04
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e (b) the. substance of the facts and opinions to which such person is expected to testify, and (c) a summary of the basis for each fact and 5 rounds for each opinion of such person.
5.
Define the term " perched water zone" as you use it in this contention, and identify the source from which you took the definition.
6.
Describe the measures which the Applicant's current plans contemplate in order to prevent seepage into the perched water zone under the Palo Verde site.
7.
Which measures described in response to the above question do you consider to be inadequate? Discuss in detail the, basis for your belief that each such measure is inadequate to prevent seepage into the perched water zone under the Palo Verde site.
Produce any studies or calculations which you perfonned or relied upon in responding to this question.
8.
What additional measures in your judgment would be adequate to prevent seepage of contaminants into the perched water zone under the Palo Verde site? Discuss in detail the basis for your judgment in this regard; identify and produce any studies or calculations which you performed or relied uccc in c :_:... : :: " i: g r -; _
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w 9.
If the additional measures identified in response to the previous question have been,used elsewhere, discuss in detail where, when and under what circumstances these additional measures were used, the additional costs incurred, and the benefits derived from their use.
If you rely upon the judgment of any person in alleging that these additional measures are required, identify each such person including their professional quali-fications and the basis for their belief that the additional measures are required to prevent seepage of contaminants into the perched water zone under the Palo Verde site.
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10.
Describe the design of the Palo Verde evaporation pond as you understand i t.
Identify the source for your answer..
- 11. What is the source of drinking water which is closest to the Palo Verde site? What is the basis for your answer.?
12.
Describe in detail the mechanism by which contaminants would be leached from the evaporation ponds and enter the perched water zone and ground water table beneath the Palo Verde site.
13.
List all contaminants which you allege will be discharged to the evaporation ponds and specify tne annual quantity of each contaminant which you allege will be so discharged.
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- 14. List the speci'fic contaminants which you allege will be leached frcm the evaporation ponds on the Palo Verde site and which you allege will seep into the ground water table.
For each such contaminant describe in detail the flow path and flow rate for that contaminant.
- 15. What percentage of the annual quantity of each contaminant listed in the previous question would seep into the perched water zone and reach the ground water table annually.
Provide all studies and calculations which you performed in order to respond to this questio.n.
16.'
What is the current level of the ground water table beneath the Palo Verde site? Produce any studies or calculations which you performed or relied upon in responding to this question.
- 17. How much time do you allege would elapse for the contaminants which seep from the evaporation ponds to reach the ground water table after they first enter the ponds? Provide any studies or calculations which you performed or relied upon in responding to this question.
- 18. Assuming that the contaminants listed in response to Question 14 will in fact seep into the ground water table, what period of time would elapse before these contaminants reached the closest source of drinking water to the site? Provide 'ny calculations or studies which you performed ac - ~
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19.
Describe the location and physical characteristics of the " waste disposal area on si,te."
If you allege that the design or construction of the waste disposal area will be inadequate to prevent the discharge of solid waste products into th,e ground water table beneath the Palo Verde site, identify specifically each such inadequacy alleged and discuss in detail the basis for the alleged inadequacy.
- 20. List the specific solid waste products which you allege will be buried on site and for each one specify the annual quantity which will be thus buried.
Identify the source for your answer.
- 21. Describe in detail the mechanism by which solid waste will be leached from the waste disposal area on site and reach the ground water table.
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- 22. List each solid waste product which you allege will be leached from the j
waste disposal area on site and reach the ground water table.
For each solid waste product listed, what quantity would reach the ground water table on an annual basis? Provide all studies or calculations which you performed or relied upon in responding to this question.
- 23. What period of time would elapse bE fore the solid waste products listed in response to the previous question would be leached from the ;olid waste disposal area on site and reach the ground water table? Provide any c :cu. n = c cr n.a c>
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to this question.
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Contention 2 1.
Is it your positkin that there will not be sufficient water available to cool'Palo Verde Units 4 and 5 from the 91st Street Avenue plant?
2.
If the answer to the previous question is affirmative, state whether you have performed or re'ied upon any studies which support the allegation that insufficient water will be available to cool Palo Verde Units 4 and 5 from the 91st Street Avenue plant.
Identify and produce any such studies, including the methodology and all calculations on which you rely to substantiate Contention 2.
3.
If the answer to the previous question is negative, state the facts upon which you will rely 1 su;;nrting the allegation that insufficient water will be available to cool Palo Verde Units 4 and 5 from the 91st Strcet Avenue plant; ide ttify and produce all documents which support your answer.
If you rel/ upon any p'erson in order to substantiate this allegation, identify each such person and for each person so identified supply the person's professional qualifications.
4.
Identify each person you intend to call as a witness at the hearing to testify relating to this contention or any part of this contention, and as to each witness to be offered as an expert provide:
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(a) the person's qualifications as an expert;'
(b) the substance of the facts and opinions to which such
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person is expected to testify; and (c) a summary of the basis for each fact and grounds for each opinion t
of such person.
5.
How much water is necessary in order 'to cool Palo Verde Units 4 and 5 on an annual basis.
Discuss the basis for your answer.
If you rely on any documents to support your answer, identify and produce them.
If you rely upon any person in order to substantiate your response, identify each such person and for each person so identified supply the person's professional qualifications.
6.
How much water will be available for cooling Palo Verde Units 4 and 5 from the 91st Street Avenue plant during the 30-year lifetimes of these units? Discuss the basir for your a'nswer.
If you rely on any dccuments to support your answer, identify and produce them.
If you rely upon any person in order to substantiate your response, identify each such person and for each person so identified supply the person's profes-sional qualifications.
7.
As you understand them, what assumptions have the Applicants made with regard to increases in population and per capita water usage in calculativ *ha mileili+v of coolinn w=*ar #cr the lifetimes of Uni *.s 4 au O bisna wa vaa 3 rce y oc on;..cr.
If jcu rely on any 2300 310
,. ' documents to s'upport your answer, identify and produce them.
If you rely upon any person in order to substantiate your response, identify each such person and for each person so identified supply the person's professional qualifications.
8.
For each assumption listed in answer to the preceding question, state whether you believe that the assumption is realistic and if not give the basis for your belief that it is unrealistic.
Attach any calculations which you have performed or relied upon in making the judgment that these assumptions are unrealistic.
9.
Provide population projections which y.ou consider to be realistic for the Phoenix metropolitan area for each 10-year period through the year 2020.
Identify and produce any studies or other docunients upon which you rely in responding to this question.
10.
Provide per capita water usage projections which you consider to be realistic for each 10-year period through the year 2020.
Identi fy and produce any studies or other documents upon which you rely in responding to this question.
Contention 3 1.
State whether you have performed or relied upon any studies which
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Palo Verde Units 4 and 5 have not been adequate 1y evaluated.
Identify and produce any such studies including the methodology and all calculations on which you rely to substantiate Contention 3.
2.
If the answer to the preceding question is negative, state the facts upon which you will rely in supporting the allegation that alternative sources of cooling water for Palo Verde Units 4 and 5 have not been adequately evaluated, and produce all documents which support your answer.
If you rely upon any person in order to substantiate this allegation, identify each such person and for each person so identified
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supply the person's professional qualifications.
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3.
Identify each person you intend to call as a witness at the hearing to testify relating to this contention or any part of this contention, and as to each witness to be offered as an expert provide:
(1) the person's qualifications as an expert,--
(2) the substance of the facts and opinions to which such person is expected to testify, and (3) a summary of the basis for each fact and grounds for each opinion of such person.
4.
Is it your position that on a cost-benefit basis the use of groundwater is an environmentally superior alternative to the use of sewage effluent c.:.
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If your answer to the preceding question is affirmative, compare what in your judgment are the costs and benefits of the use of ground water versus the use of 91st Street Avenue sewage effluent for cooling Palo Verde Units 4.and 5.
Identify and produce any documents upon which you rely in responding to this question.
6.
Is it your position that on a cost-benefit basis the use of irrigation and drainage water is an environmentally superior alternative to 91st Street Avenue sewage effluent for cooling Palo Verde Units 4 and 5?
If your answer is affirmative compare in detail what in your judgment are the costs and benefits of the use of irrigation and drainage water versus the use of 91st Street Avenue sewage effluent for cooling Palo Verde Units 4 and 5.
Identify and produce any documents upon which you rely in responding to this question.
7.
Is it your position that on a cost-benefit basis the use of Central Arizona Project water constitutes an environmentally superior alternative to the sewage effluent from the 91st Street Avenue plant for cooling Palo Verde Units 4 and 5? If your answer is affirmative, compare in detail what in your judgment are the costs and benefits of using Central Arizona Project water versus the use of sewage effluent from the 91st Street Avenue plant for cooling Palo Verde Units 4 and 5.
Identify and produce any documents upon which you rely in responding to this question.
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8.
Is it your position that there would be a sufficient quantity of groundwater to cool Palo Verde Units 4 and 5 for their 30-year life-times? If your answer is affirmative, identify and produce any calculations or studies relied upon in reaching your answer.
9.
Is it your position that there will be sufficient irrigation and drainage water available to cool Palo Verde Units 4 and 5 for their 30-year operating lifetimes?
If your answer is affirmative, identify and produce any studies or calculations wnicn you relied upon in reaching your answer.
10.
Is it your position that there will be sufficient Central Arizona Project water available to cool Palo Verde Units 4 and 5 for their u-year operating lifetimes? If your answer is affirmative, identify and produce any studies or calculations which you, relied upon in reaching your answer.
Contention 4 1.
Is it your position that Arizona Public Service is not financially qualified to design and construct Palo Verde Units 4 and 57 2.
If your answer to the preceding question was affirmative, state whether you have performed or relied upon any studies which support the allegation that Arizona Public Service is not financially qualified to design and c c.u t o c t I ' ' ;.. a... n 4
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studies, inclucing toe metnocoicg/ a m.co a uvr.s ca....i... m
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to substantiate Contenticn 4.}} jf
_ 17 ~_ ~ 3. If the answer to the preceding question is negative, state the facts upon which you will rely in supporting the allegation that Arizona Public Service is not financially qualified to design and construct Palo Verde Units 4 and 5; identify and produce all documents which support your answer. If you rely upon any person in order to sub-stantiate this allegation, identify each such person and for each person so identified supply the person's professional qualifications. 4. Identify each person you intend to call as a witness-at the hearing to testify relating to this contention or any part of this contention, and as to each witness to be offered as an expert provide: ~ (a) the person's qualifications as an expert, (b) the substance of the facts and opinions to which suca person is expected to testify, and (c) a summary of basis for each fact and for each opinion of .such person. 5. State in detail the basis for your allegatian that Arizona Public Service does not have adequate funds at present to design and construct Palo Verde Units 4 and 5. Identify and produce any documents upon which you rely in answering this question. 2300 ;15
6. Provide your estimate as to how much it will cost to design and construct the Palo Verde Units 4 and 5. Provide any calculations or studies which you have performed c upon which you rely in order to respond to this question. 7. State the amount of money which in your judgment Arizona Public Service currently has available to design and construct Palo Verde Units 4 and 5. Discuss the basis for your answer. If you rely upon any person in order to substantiate your response, identify each such person and for each person so identified supply the person's professional qualifications. 8. Is it your position that there is no reasonable assurance that Arizona Public Service will obtain the funds necessary to design and construct Palo Verde Units 4 and 5? If the answer to this question is affirmative, state in detail the bases for your a~nswer and include any studies or calculations which you performed or upon which you rely in supporting your answer. 9. Is it your position that Arizona Public Service will not be granted the rate relief necessary in order to design and construct the Palo Verde Units 4 and 5? If the answer to this question is affirmative, state the basis for your answer. If you rely u;]on any person in order to 2300
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~ 19 _ substantiate.your response, identify each such person and for each person s,o identified supply the person's professional qualifications. Respectfully submitted, I g', I: ct, l/ -!M"' t 'Steph'en fi. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland, this 14th day of May,1979. 2300 :17
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fcilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ARIZONA PUBLIC SEP.VICE Docket Nos. STN 50-592 COMPANY, et al. STN 50-593 (Palo Verde Nuclear Generating Station, Units 4 and 5) ') CERTIFICATE OF SERVICE I hereby certify that copies of "FIRST SET OF INTERR0GATORIES AND REQUESTS FOR PRODUCTION OF DOCUMtNTS FR0ft NRC STAFF TO LARRY BARD" 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 by deposit in the Nuclear Regulatory Commission ir.ternal mail system, this 14th, day of itay,1979: Robert M. Lazo, Esq., Chai rman
- Charles S. Pierson, General Esq.
Assistant Attorney Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 200 State Capitol Washington, DC 20555 1700 West Washington Phoenix, Arizona 85007 Victor Gilinsky Commissioner Jsmes D. Woodburn, Chief Engineer U.S. Nuclear Regulatory Commission Public Service Department Washington, DC 20555 P.O. Box 631 Burbank, CA 91503 Dr. Quentin J. Stober Samuel Gorlick, City Attorney Research Associate Professor Fisheries Research Institute P.O. Box 6459 University of Washington Burbank, CA 91510 400 Northeast 15th Avenue Seattle, Washington 98195 James L. Mulloy, Chief Electrical Engineer & Assistant Manager George Campbell, Chairman Edward C. Farrell, Chief Assistant City Maricopa County Board of Supervisors Attorney for Water & Power 111 South Third Avenue P.O. Box 111 Phoenix, Arizona 85004 Los Angeles, CA 90051 2300.18
' ~ R. E. York Gordon W. Hoyt Senior Vice President Utilities Director El Paso Electric Company City of Anaheim P. O. Box 982 P.O. Box 3222 El Paso, Texas 79999 Anaheim, CA 92803 David N. Barry III, Esq. Mr. Ron W. Watkins James A. Beoletto, Esq. Vice President Southern California, Edison Company San Diego Gas & Electric Co. P.O. Box C00 P.O. Box.1831 Rosemead, CA 91770 San Diego, CA 92112 Byron L. Miller Arthur C. Gehr, Esq. Assistant Vice President Snell & Wilmer Nevada Power Company 3100 Valley Center P.O.f ox 230 Phoenix, Arizona 85073 B Las Vegas, Nevada 89151 Janice E. Kerr, Esq. Gary E. Craythorn, Engineer J. Calvin Simpson, Esq. Cit < of Glendale Vincent MacKenzie, Esq.
- e North Glendale Avenue California Public Utilities Glendale, CA 91206 Commission 5066 State Building Ronald V. Stassi Can Francisco, CA 94102 Engineer City of Pasadena Kathryn Burkett Dickson, Esq.
100 North Garfield Aver.ue Mark J. Urban, Esq. Pasadena, CA 91109 Counsels for the California Energy Resources Conservation and Everett C. Ross Development Commission Public Utilities Director 1111 Howe Avenue City of Riverside ' Sacramento, CA 95825 3900 Main Street Riverside, CA 92501 Mr. Larry Bard P.O. Box 793 Atomic Safety and Licensing Tempe, Arizona 85281 Appeal Board U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section
- U.S. Nuclear Regulatory Commission Dr. Stanley L. Dolins Washington, DC 20555 Assistant Director Enercy Programs (OEPAD)
Tom Diamond, Esq. Office of the Governor 1208 First City National Bank Building 1700 West Washington El Paso, Texas 79921 Executive Tcwer - 9. 507 ~ g 7 nssis:;n: v::/ n::: nej P.O. Box ill Los Angeles, CA 90051 ___Stepnen M. Sonin<a Counsel for NRC Su ff - - - ~ -}}