ML19263E269
| ML19263E269 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 04/25/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906080030 | |
| Download: ML19263E269 (4) | |
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W gg 04/25/79 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD _
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1 In the Matter of s
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CINCINNATI GAS AND ELECTRIC
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Docket No. 50-358 f
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NRC STAFF SUPPORT OF MIAMI VALLEY POWER PROJECT'S OBJECTION TO APPLICANT'S INTERROGATORY N0. 7 On April 9, 1979, the Miami Valley Power Project (MVPP) filed objections to answering Applicant's interrogatory number 7, Third Set of Inter-rogatories.
That interrogatory states:
7.
Describe and evaluate the effect any deficiencies or errors in the Nuclear Regulatory Commission's Atomic Safety and Licensing Appeal Board's analyses of the supply and utilization of uranium for light-water cooled reactors contained in Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-317, 3 NRC 175,181 (1976); Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-444, 6 NRC 760, 787-793 (1977); and Kansas Gas and Electric Company (Wolf Creek Generating Station, Unit No.1), ALAB-462, 7 NRC 320, 323-326 (1978), which the Project, its consultants or advisors have identified.
MVPP objects as an answer would' require " studies and analysis which would be costly" and states that they are not required to undertake calculations N or studies in order to provide answers.
This is, of course, correct 2357 044
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hornbook law, which does not always apply to all situations. The Staff reaches the same result as MVPP but for slightly different reasons.
At the present time the River Bend and Wolf Creek ALAB's cited in Interrogatory 7 do not form the basis of the Staff or Applicant's direct case on uranium fuel availability and therefore are now irrelevant to this proceeding. If Interrogatory No. 7 were directed to inquire as to all alleged errors and differences in the Staff analysis in Section 9.3.2 of the FES, uranium availability, we might have a different position.
Howeiter, for our position here, we adopt the Applicant's position in its objection to MVPP's First Interrogatories filed March 21, 1979 which requested analysis and calculations: " requiring a response to this inter-rogatory would require the conduct of studies and analysis which would be costly and time consuming and, thus, burdensome. No answer should be required."
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of April, 1979 2357 045
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fiMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD t
In t'ho Matter of
)i CINCINNATI GAS AND ELECTRIC h
Dceket No. 50-358 COMPANY, et al.
p (Wm. H. Zimmer Nuqlear Power
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St' tion,UnitNo.1)
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a CERTIFICATE ~0F' SERVICE I hereby certify that copies of "NRC STAFF SUPPORT OF MIAMI VALLEY P0)fER PROJECT'S OBJECTION TO APPLICANT'S INTERROGATORY NO. 7" in the above-captioned proceeding have heen served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 25th day of April,1979:
Charles Bechhoefer, Esq., Chaiman*
Leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W. Peter Heile, Esg.
Assistant City Solicitor Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 University of Michigan Ann Arbor, Michigan 48109 Timothy S. Hogan, Jr., Chairman Board of Comissioners Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing Clemont County Board Panel Batavia, Ohio 45103 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
Clermont County Community Council Troy B. Conner, Esq.
Box 181 Conner, Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
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' William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- i Cincinnati Gas & Electric Company U.S. Nuclear Regulatory Comission Cincinnati, Ohio 45201
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Washington, D. C.
20555 P.O. Box 960 I
Docketing and Service Section*
. Atomic Safety and Licensirg Office of the Secretary
, Board Panel
- U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 Charles A. Barth Counsel for NRC Staff 2357 047
.