ML19274D435
| ML19274D435 | |
| Person / Time | |
|---|---|
| Site: | 05000484 |
| Issue date: | 01/05/1979 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7901230365 | |
| Download: ML19274D435 (6) | |
Text
1/5/79 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of E D D00tra[gg a NORTHERN STATES POWER COMPANY
)
Docket No. STN 50-484 (MINNES0TA) AND NORTHERN
)
STATES POWER COMPANY (WISCONSIN))
, g, (Tyrone Energy Park, Unit 1)
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NRC STAFF RESPONSE IN SUPPORT OF T f
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"PERMITTEES' MOTION TO DISMISS NORTHERN THUNDER CONTENTIONS ON TECHNICAL QUALIFICATIONS" h
0 G ? T jT-2 On December 19, 1978 Permittees filed a " Motion to Dismist "orthern Thunder Contentions on Technical Qualifications". The contentions in question are 3. A and 3.B. which read as follows:
3,A NSP-W lacks the technical qualifications to design and construct Tyrone because NSP-W has no experience in the design and construction of nuclear powered electricity generating plants.
3.B In the amendment application permittee does not describe in sufficient detail that NSP-W employs persons with the skills necessary to design and construct Tyrone, q9012303
Permittees propounder' interroga_ tories to Northern Thunder ("NT") in order to determine the basis for these contentions.
In particular, interrogatory 2a asked NT to identify any technical resource which the record before the Licensing Board demonstrated to be available to NSP-Minnesota and which is not now available to NSP-Wisconsin.
NT's response was: "I won't know the answer to this guestion until I have completed my discovery of the Permittees".
Interrogatory 2b, asking for the documents relied upon for the assertions in response to interrogatory 2a, was answered in like manner.
Upon Permittees' motion, the Board ordered NT to file responses to these interrogatories by December 6,1978. The Board also viewed NT's -asponses os ra' sing the question "whether Northern Thunder serious ly supports its technical qualifications contention or whether the Board erred in admitting the contention without a basis".-1/
Accordingly, the Board directed NT to state in its response whether it intends to litigate these contentions. No response to the Board order has been filed by NT.
We agree with the Board that Permittees' interrogatories go to the heart of Contentions 3.A and 3.B.
Since the Board has already found that 1/ Memorandum and Order Ruling On Motions to Compel Discovery, November 17, 1978, at 9.
2]
NSP-Minnesota is technically qualified to design and construct Tyrone, it is hardly unreasonable to require NT to specify what technical resources which were available to NSP-Minnesota are not now available to NSP-Wisconsin.
NT's inability to supply this information raises a serious question as to the basis for these contentions.
Under.10 CFR s 2.707, a licensi_ng board has broad discretion to impose sanctions for failure to respond to discovery orders.
In an earlier stage of this proceeding, several intervenors were dismissed for such failure / and similar action has been taken in other cases.
- Here, 3
the sanction sought by Permittees would not entail the dismissal of NT as a party, since its Contention 4.A (quality assurance) would remain and it would be free to participate with respect to the Board's financial qualifications question.
7m
~ NT's responses to these interrogatories clearly indicate that it does not have any facts on which to challenge NSP-Wisconsin's technical qualifications.
Its failure to respond to the Board's order compelling discovery can fairly be interpreted as reflecting a decision on its part not to pursue its technical qualifications contentions. Under the circumstances, it does not appear that NT's participation on this issue is likely to contribute anything of substance to the record.
2f Partial Initial Decision LBP-77-30, 5 NRC 1197, 1210-11, (1977) 3] LBP-77-37, 5 NRC 1298 (1977).
4/ Offshore Power Systems (Manufacturing License for Floating Nuclear Power Plants), LBP-75-67, 2 NRC 813 (1975); Public Service Electric & Gas Co. (Atlantic Generating), LBP-75-62, 2 NRC (1975).
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4-The sanction of dismissal of NT's contentions 3.A and 3.B. therefore, 51 seems appropriate.
For the reasons set forth above, we support Permittees' motion.
Respectfully submitted, vUi kVO Steph n H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of January,1978.
5/ Although dismissal of Contentions 3.A and 3.B is clearly appropriate, we believe the Board should make a finding as l
to the technical qualifications of NSP-Wisconsin.
For this purpose, we believe the Board may rely on statements in i
Permittees' amendment application (see p. A-18 of August 25, 1978 submittal), especially in light of NT's failure to cast any doubt upon these statements.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN STATES POWER COMPANY
)
Docket No. STN 50-484 (MINNESOTA)ANDNORTHERN
)
STATES POWER COMPANY (WISCONSIN)
)
(Tyrone Energy Park, Unit 1) -
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE IN SUPPORT OF "PERMITTEES' MOTION TO DISMISS NORTHERN THUNDER CONTENTIONS ON TECHNICAL QUALIFICATIONS", 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, through deposit in the Nu: lear Regulatory Commission's internal mail system, this 5th day of January, 1979. '
Ivan W. Smith, Esq., Chairman Jocelyn F. Olson, Esq.
Atomic Safety and Licensing Board Minnesota Pollution Control U.S. Nuclear Regulatory Commission Agency Washington, D.C.
20555 1935 W. County Road, B2 Roseville, Minnesota 55113 Dr. George C. Anderson Department of Oceanography University of Washington Mr. Tom Galazen g.k Seattle, Washington 98195 6
Mr. Lester Kornblith, Jr.
Turtle Lake, Wisconsin 54889 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Michael'J. Cain, Esq.
Washington, D.C.
20555 Bureau of Legal Services Department of Natural Resources Gerald Charnoff, Esq.
Box 7921 Shaw, Pittman, Potts & Trowbridge Madison, Wisconsin 53707 1800 M Street, NW.
Washington, D.C.
20036
- 4 Ty.rone Energy Park Mr. Stanley Cider Barbara J. Willard, Esq.
c/o Durand Postmaster Public Service Commission of Tyrone, Wisconsin 54736 Wisconsin Hill Farms State Office Bldg.
Atomic Safety and Licensing 4802 Sheboygan Avenue Appeal Board Madison, Wisconsin 53702 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Edward Gold
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814 4th Street Atomic Safety and Licensing Menomonie, Wisconsin 54751 Board Panel U.S. Nuclear Regulatory Commissinn Richard Ihrig, Esq.
Washington, D.C.
20555 400 Exchange Building 4th and Center Docketing and Service Section Winona, Minnesota Si987 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 J2 il 10 %
Stephen H. Lewis Counsel for NRC Staff
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