ML19270F280
| ML19270F280 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/12/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19270F270 | List: |
| References | |
| NUDOCS 7902060110 | |
| Download: ML19270F280 (3) | |
Text
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U'.IT EC 5TA TES C F r.ME?::A
- 4JC'.E.;R REaJL.1. TORY C0; : ::::1 EEFORE THE ATO."IC SAFETY A 10 LICE *.' SING E0ARD In the Matter of
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DUKE POWER COMPANY
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Docket No. 70-2623
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(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)
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NRC STAFF'S REQUEST FOR A FIf4 DING PURSUANT TO 10 CFR 2.720(h)(2)(ii)
REGARDING INTERVEN0R'S INTERR0GATORIES TO THE NRC STAFF AND LICENSEE AND REQUEST FOR A PROTECTIVE ORDER On November 15, 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 interrogatories pursuant to 10 CFR 2.720(h)(2)(ii).
Without awaiting a Board order, the NRC Staff is serving contemporaneously with this pleading its "NRC Staff Responses to Carolina Environmental Study Group (CESG) Interrogatories of November 15, 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.
79020001(o
Tne rules of discovery in NRC proceedings applicable to all parties are set forth in 10 CFR 2.74Q. This section allows discovery regarding any matter not privileged as long as it is relevant to the subject matter involved in the proceeding. The rules of discovery add additional require-ments wnen discovery is directed against the NRC Staff.
These requirements are set forth in 10 CFR 2.720. With regard to interrogatories directed to the Staff, Section 2.720(h)(2)(ii) requires a finding by the presiding that:
(i) answers to the interrogatories are necessary to a proper decision in the proceeding and, Iii) answers to interrogatories are not reasonably obtainable from any other source.
It is to these standards that Staff objections to CESG's interrogatories must be judged.
Staff presents its objections to CESG interrogatories below.
It should be noted that the November 15, 1978 interrogatories were directed both to the licensee and to the NRC Staff.
The Staff has examined these interrogatories and has responded only to those which appear directed to the NRC Staff.
The NRC Staff did noc respond to Interrogatories 44,45 46, 48, 49, 51, 52, 53, 54, 56, 57, 58, 64, 71, 75, 77, 79, 80, 81, 82, and 83. The Staff is of the view that these interrogatories were directed only to the licensee, Duke Power Co.
To the extent these interrogatories were directed to the Staff, the Staff objects for the information scught is available from another source, namely the licensee.
The Staff also objects to Interrogatory 84 The issue of long-tenn treatment of radioactive waste is not one that is
properly before this licensing board.
See Northern States Power comoany (Prairie Island Units 1 and 2), ALAB-455, 7 NRC 41 (1978).
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 une
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interrogatories objected to by the Staff.
Respe tfully submit d,
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d RichardK.Hoefling[/
Counsel for NRC Statf,f Dated at Bethesda, Maryland this 12th day of January,1979.