ML19269C581
| ML19269C581 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/09/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19269C582 | List: |
| References | |
| NUDOCS 7902060156 | |
| Download: ML19269C581 (5) | |
Text
.
NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY C0" MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Patter of
)
}
DUKE POWER COMPANY
)
Docket No.70-262 o
A C
9>
( Amendment to Materials License
)
SNM-1773 for Oconee Nuclear
)
gEhm2 u
c Station Spent Fuel Transportation
)
!b Station) ge at McGuire Nuclear
)
- I 3M15 W M 7 and Stora
)
(Q w p~ g y NRC STAFF'S REQUEST FOR A FINDING PURSUANT
'~
ff TO 10 CFR 2.720(h)(2)(ii) REGARDING 4
INTERVEN0R'S INTERROGATORIES TO THE NRC STAFF AND REQUEST FOR A PROTECTIVE ORDER Un December 19, 1978, the Carolina Environmental Study Group (CESG) served a set of interrogatories upon the NRC Staff.
The Staff construes this request by CESG as a motion to the Atomic Safety and Licensing Board (Board, to require the NRC Staff to respond to the proposed inter-rogatories pursuant to 10 CFR 2.720(h)(2)(ii).
Without awaiting a Board order, the NRC Staff is serving con-temporaneously with this pleading its "NRC Staff Responses to Carolina Environmental Study Group (CESG) Interrogatories of December 19, 1978" responding to interrogatories to which it does not object.
With regard to certain of CESG's interrogatories, however, the Staff would object on grounds as set forth more fully below.
The rules of discovery in NRC proceedings applicable to all parties are set forth in 10 CFR 2.740.
This section allows discovery regarding 7902060/5~6
d ar.y natter not privileged as long as it is relevant to the subject natter involved in the proceeding.
The rules of discovery add ad-ditional requirements when discovery is directed against the NRC Staff.
These requirenents are set forth in 10 CFR 2.720.
With regard to in-terrogatories directed to the Staff, Section 2.720(h)(2)(ii) requires a finding by the presiding officer that:
(i) answers to the interrogatories are necessary to a proper decision in the proceeding, and, (ii) answers to interrogatories are not reasonably obtainable from any other source.
It is to these standards that Staff objections to CESG interrogatories must be judged.
The Staff presents its objections to the CESG inter-rogatories below.
Interrogatory 95 Describe the post irradiation equipment (PIE) which may be located in an Oconee fuel pool as to function, dimensions, and mobility.
The post irradiation equioment (PIE) which is presently in the Oconee 1 and 2 pool is owned by Babcock & Wilcox (B&W), the licensee's fuel supplier.
This equipment is surveillance equipment which is used by B&W.
A detailed description of the equipment and its function is not available to the NRC Staff.
To the extent that this subject matter is relevant to this proceeding, the information sought would appear to be reasonably available from another source, namely the licensee's fuel supplier.
It is on this ground that the Staff objects to this inter-roga to ry.
=
Er -
i Interroca tory 97
~
Provide all documents in NRC relating to security considerations in the
^
transport of spent fuel.
The Staff objects to this interrogatory on the ground of relevance. The Staff sees no connection between this subject natter and the admitted 1
CESGcontentions.3/
A response to this interrogatory is therefore not necessary to a proper decision in this proceeding.
The Staff would note that it has issued a number of documents in this area which are listed below and are readily available from commercial sources.
" Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes."
" Calculations
.diological Consequences from Sabotage of Shipping Casks for Spent Fuel and High-Level Waste."
NUREG-Oll6 -
" Environmental Survey of the Reprocessing and Waste Management Portions of the LWR Fuel Cycle."
NUREG-0216 "Public Comments and Task Force Reponses Regarding the Environmental Survey of the Reprocessing and Waste Management Portions of the LWR Fuel Cycle."
NUREG-0404 "Draf t GEIS on Handling and Storage of Spent Light Water Power Reactor Fuel".
1 3/
See " Stipulation of the Carolina Environmental Study Group, the Nuclear Regulatory Commission Staff and Duke Power Company Relating to the Admission of Contentions" dated October 18, 1978 transmitted to the Board by cover letter dated October 27, 1978 from the licensee.
The stipulation presents CESG's con-tentions.
Interroaatorv 98 Has a determination been made as to whether spent 'sel hazards, in transport from the generating plant of origin to some other point of repose are covered by the Price-Anderson Act?
If so, provide the auth-ority for this detenaination.
If not, provide any NRC docunents re-lating to this natter.
The Staff objects to this interrogatory on the ground of relevance. The Staff sees no connection between the subject matter of this inter-rogatory and the admitted CESG Contentions.
A response to this inter-rogatory is therefore not necessary to a proper decision in this pro-ceeding.
The Staff would note that Staff Counsel on December 8,1978 served the Licensing Board and the parties in this proceeding with Commission paper SECY-78-607 dealing with this subject.
Additionally, a Commission notice (44 Fed. Reg.1751, January 8,1979) discussing this subject as it relates to this proceeding and soliciting pub. ic comment is attached.
Interrogatory 99 What reasons has Duke provided the NRC in regard to maintaining full core reserve at Oconee?
The Staff objects to this interrogatory on the ground of relevance. The Staff sees no connection between the subject matter of this in-terrogatory and the admitted CESG Contentions.
Therefore, a response is not necessary to a proper decision in this proceeding.
The Staff respectfully requests that the Board find under 10 CFR 2.720 (h)(2)(ii) that the interrogatories objected to by the Staff need not be answered.
The Staff further requests that pursuant to 10 CFR 2.740(c),
the Board grant a protective order that discovery not be had by CESG on the interrogatories objected to by the Staff.
Respectfully submitted, (guy Richard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of January,1979
-