ML19289E995

Objects to Util 790305 Second Document Request.Certificate of Svc Encl

ML19289E995
Person / Time
Site:	Green County
Issue date:	03/14/1979
From:	Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7906010070
Download: ML19289E995 (13)

Text

NRC PUBLIC DOCUMEN F2aICA g

UNITED STAT NUCLEAR REGULATORY COMMISSION 3/14/79 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

~

In the Matter of

)

R(ff POWER AUTHORITY OF THE STATE Docket No. 50-549 y

0F NEW YORK

)

A$

)

M e

y (Greene County Nuclear Power

)

N $k kQ S/

Plant)

)

C

/

.s.

.g

.'lT, t :~

STATE OF NEW YORK OEPARTMENT CF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT

~

In the Matter of the Application

)

of the POWER AUTHORITY OF THE STATE OF

)

Case 80006 NEW YORK

)

)

'(Greene County Nuclear Generating

)

Facility)

)

NRC STAFF'S OBJECTIONS TO APPLICANT'S SECOND DOCUMENT REQUEST On March 5, 1979 Applicant filed its "Second Document Request to NRC Staff",

numbering over 100 specific document requests. Pursuant to 10 CFR S2.744(b) and paragraph 5 of the Joint Board's January 5, 1979 crder, we are filing the following objections to Applicant's document requests.

Applicant's request is filed pursuant to 10 CFR 12.744, which relates to production of NRC records and documents. As a preliminary matter, a number 2234 041 1906010070

2 of the documents requested do not fall into the category of "NRC records and documents", but are, rather, documents produced by other persons and available from them. We object to the following document requests on this basis:

56.

Prohidereferences152and153toFESSection9.

These documents were either prepared directly for the Applicant (in another proceeding)orarereadilyahailabletoit. See objections to interrogatories 152 and 153.

~

110. Refer to FES page 8-24:

(a) Provide a copy of the New York Public Service Commission article "Where We Are On Marginal Cost Pricing and Time of Day Rates".

'The document was prepared by the New York Department of Public Service and a copy should be requested from it. We are, of course, prepared to let Applicant inspect our copy of this document.

(This applies to all requested documents in ourpossession,unlesswehaheotherwiseobjected.)

112. Refer to reference 9 on FES page 8-24:

(a) Provide the publication Studies in Electric Utility Regulation by C. J. Cicchetti and John Jurewitz.

Thisdocumentispresumablyahailablefromthepublishersoralibrary.

2234 042 e

' 118. Provide copies of the monthly issues from January, 1976 to August,1977 of the report Major Job Movements in New York State 1976-1977 (Affecting 400 Jobs or More by the New York State Commerce Department.

ThesedocumentsareahailablefromtheNewYorkStateDepartmentofCommerce.

The grounds for objection to document requests under 52.744 have been set forth by the Staff in its March 5, 1979 "... Objections to Interrogatories and First Request for Production of Documents Propounded by the Power Authority of the State of New York" (at 8-9). Briefly, 52.744 provides that:

- documents must be described with " reasonable particularity"

-theExecutiYeDirectorforOperationsmayobjectto producing documents if they are (1) not relevant to the proceeding or (2) exempt from disclosure under 10 CFR 52.790 and their " disclosure.is not necessary to a proper decision" or they (or the information contained in them) are " reasonably available from another source".

In addition to the grounds established in 52.744, the Staff has also applied the standards of (1) vagueness, (2) the presence of some mistake in the requestwhichpreventstheStafffromresponding,(3)priYilege(asdeveloped in our "... Objections to Interrogatories Propounded in Sets 5, 6, and 7 by the Power Authority of the State of New York", at 2-3), (4) confidentiality, and (5) protection against production of personal notes (as developed in our March 5, 1979 objections, at 9-10).

2234 043

Our objections are grouped below by category and the nature of the particular objection is briefly set forth.

Vagueness

46. Provide the original positive of all photographs published in FES.Section 5.7 and FES Appendix M.

Provide all of the original photographs used in the Appendix N visual preference survey.

Theterm"originalpositiYe"ofaphotographisnotcompletelyclear.

If it means the photograph prior to superimposition of cooling towers and plumes,wecanproYidetherequestedphotographsforinspection.

If it means somethingelse,theApplicantshouldsostateandwereserYeourobjection.

50. For each of the eleven sites listed as preferable or superior to Cementon in FES Table 9.14, provide all writings discussing or pertinent to the app'lication of the criteria in 10 CFR, Parts 50, 51 and 100.

51.

IftheresponseisnegatiYe,inpartorinwhole, identify and provide all writings prepared, referred to, or considered in making the determination.

Thereferenceto10CFRParts50,51,and100isundulyYague,sincethose parts of the regulations contain many criteria. See our objection to interrogatory 331.

65. Provide.any documents, photographs, maps, renderings or other material which would tend to support or refute.NRC Staff's position regarding the visual impact of a plant sited at Lloyd on the Vanderbilt Mansion.

t 2234 044

. 77. Provide any documents, maps, photographs, renderings or other material which would tend to support or refute NRC Staff's position regarding ti)e visual impact of a plan ( sited at Esopus on the FDR home.

These requests ask for documents which "would tend to support or refute" agiYenStaffposition. WeareunabletodeterminefromthisEague description exactly what documents are being requested.

69. Provide all documentation utilized regarding.the. assessment, have.the visual impacts of siting a power plant at Red Hook on each of these areas been investigated and assessed?

Applicant asks for all documentation regarding "the assessment" and whether Yisualimpacts"oneachoftheseareas"hahebeenassessed.

It is unclear whether these references relate back to interrogatory 68.

Personal notes 54.

Identify and provide all NRC Staff notes, site descriptions, and data resulting from the independent NRC Staff assessment in FES Section 9.2.3. for all sites in FES Table 9.14.

111. Refer to the first paragraph of FES Section 8.2.4.:

(a) Provide all working. papers, notes, studies, and memoranda, used as a basis in whole or in part for the statement, "thus, there is less incentive for utilities to structure rates so that customers conserve electricity than would be the case under marginal cost pricing of wholesale blocks of power sold by PASNY".

We object to producing the personal notes of NRC Staff members.

2234 045

- Relehancy

36. Prohide all writings, memoranda or other notes on such conversations with the. Staffs of either the New York State Department of. Environmental Conservation and/or the Department of Public Service on the subject of Lehigh.

Applicanthasnotdemonstratedtherelehanceofal?communicationsamongthe Staffs of the DPS, DEC, and NRC regarding Lehigh?

(The request is also vague.)

m Privilege

52. Identify and provide all writing reflecting whether NRC Staff received any opinion, direction, order or other form of management. instruction from either senior NRC Staff or from any attorney employed by or representing NRC Staff that it is unnecessary to consider the 10 CFR, Parts 50, 51 and 100 criteria.

Thesametypeofinformationwassoughtandweobjectedtoprohidingit.

See objections to interrogatories 330 and 335.

Confidentiality

44. WithrespecttoFESAppendixN,prohidecopiesofall completed questionnaires.

DuringthecourseofadministeringthesurheytheStafiadhisedrespondents, upon being asked, that their responses would be treated confidentially.

Although respondents are not identified by name, certain personal information 2234 046

(e.g., income) is provided and there is some concern that, especially in small towns, the respondents could be identified. The Staff is exploring the possibility of applying for an appropriate protective order and, will comunicate further with Applicant's counsel on this subject promptly.

Mistake

27. FES Appendix L.6.17:

Identify and provide the studies referred to which.show how the loss of overtime opportunities is considered a favorable condition for organizing a success-ful van pool.

The identified section of Appendix L, L.6.17, deals with " permanent effects" of Park and Ride, rather than with loss of overtime, which is the subject of the request.

43.

Identify and provide copies of all writings generated by NRC Staff in deriving the conclusions presented in FES Table 9.14 for each of.the alternate sites with respect to the discipline of water quality and quantity.

Thisrequestisaverbatimrepetitionofrequest42andmusthaYebeen inadvertently repeated.

Finally, we object to the following requests because the documents requested were either generated by Applicant or, if generated by others, are in the public record of this proceeding. Although the requested documents may qualifyas"NRCrecords"theirreadyahailabilitytoApplicantarguesagainst Staff having to produce them.

2234 047

,. 11. Prohideeachandeherywritingdetailingchangedfacts between the time of the issuance ~of the DES and the FES.

MostsuchwritingswereoriginatedbytheApplicantand,therefore,ahailable to it. Other documents meeting this request may be found in the Public Document Room. See Response to Interrogatory No. 94. Howeher,tothe extenttheaboherequestseeksprihilegedinternalmemorandaandcommunications, theStaffincorporatesbyreferenceitsobjectionstorequestNo.52aboha.

37. In Section 4.4.1 of the DES, NRC Staff states "on-site production facilities associated with.three nearby cement plants will act be affected by the (nuclear power) plant." Provide a copy of all writings and communications which formed the basis for revising this opinion, including the dates received.

The principal documents relied upon were those submitted by Lehigh (and Applicant in response thereto) and the depositions taken of Lehigh by Applicant and Staff, WebelieheApplicanttobeinpossessionofallsuch documents,whichare,inanyehent,inthepublicrecordofthisproceeding.

Respectfully submitted, Y

Stephen H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of March, 1979.

2234'048

l UNITED STATES OF NIERICA NUCLEAR REGULATORY COM:'.ISSION l

BEFORE Ti!E ATOMIC SAFETY AND LICENSING BOARD In the Matter of POWER AUTl!0RITY OF THE STATE OF NEW YORK Docket No. 50-549 (GreeneCountyNuclearPowerPlant)

),

XXXX STATE OF NEW YORK DEPARTf1ENT OF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT-In the Matter of the Application of the )

POWER AUT110RITY OF THE STATE OF NEW YORK Case 80006 (Gt eene County Nuclear Generating

)

Facility)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S OBJECTIONS TO APPLICANT'S SEC0tlD DOCUMENT REQUEST", dated March 14, 1979, in the above-captioned proceeding have been telecopied for service upon the Board and Parties. attending the Prehearing Conference on the 14th day of March,.1979 and 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 Nuclear Regulatory Commission's internal mail system, this 15th day of March, 1979:

Andrew C. Goodhope, Esq., Chairman Honorable Edward D. Cohen Atomic Safety and Licensing Board Presiding Examiner 3320 Estelle Terrace Public Service Commission Wheaton, Maryland 20905 Empire State Plaza Agency Building 3

• Dr. Richard F. Cole Albany, New York 12223 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Honorable Donald Carson Washington, D.C.

20555 Associate Hearing Examiner Department of Environmental Dr. George A. Ferguson Conservation Profess <,- of Nuclear Engineering 50 Wolf Road Howard University Albany, N.Y.

12223 Washington, D.C.

20666 2234 049

2

' Arthur L. Reuter, Esq.

Greene County Farm Bureau Attorney at Law Alfred Partridge, Secretary Sharpe's Landing East Durham, New York 12423 Gennantown, New York 12526 Algird F. White, Jr., Esq.*

Town of Athens DeGraff, Foy, Conway and c/o " James C. Steenberg, Esq.

' Holt-Harris Steenberg & Cloke 90 State Street 28 Second Street Albany, New York 12207 Athens, New York 12015 Nancy Spiegel, Esq.

Mr. Peter D. G. Brown Staff Counsel Chairman State of New York Mid-Hudson Nuclear Opponents Public Service Commission P. O. Box 666 Empire State Plaza New Paltz, New York 12561 Albany, New York 12233 Ms. Rosemary S. Pooler Columbia County Survival Committee Executive Director P. O. Box 27 New York State Consumer Gennantown, New York 12526 Protection Board 99 Washington Avenue Albany, New York 12210 Lewis R. Bennett, Esq.

Assistant General Manager -

General Counsel Power Authority of the State of New York Albert K. Butzel,.Esq.

10 Columbus Circle Butzel & Kass New York, New York 10019 45 Rockefeller Plaza Suite 2350 Village of Catskill New York, New York 10020 c/o Daniel K. Lalor, Esq.

Meadow, Ruf and Lalor, P.C.

Edward W. Hyland, Vice President -

175 Water Street General Counsel and Secretary Catskill, New York 12414 LeHigh Portland Cement Company 718 Hamilton Mall George J. Puiver, Jr., Esq.

Allentown, Pennsylvania 18105 Bagley, Chadderdon, Pulver i

& Stiefel William J. Spampinato, Esq.

302 Main Street Rosenberg & Spampinato P. O. Box 486 443 Harren Street Catskill, New York 12414 Hudson, New York 12534 Citizens to Preserve the Hudson Anthony Scott, Mayor Valley Village of Athens c/o Robert J. Kafin, Esq.

93 N. Washington Street Miller, Mannix, Lemery &

Athens, New York 12105 Kafin, P.C.

11 Chester Street 2234 050 Glenns Falls, New York 12801

Mr. John flickolitch Honorable itaurice D Hinchey Cementon Civic Association Assemblyman 70 Short Street 101st District Cementon, flew York 12415 68 livingston Street Jeffrey Cohen, Esq.

Saugerties, New York 12477 New York State Energy Office Dr. Meredith Thompson, Assistant Swan Street Building Commissioner - Sanitary Core 1, Second Floor Engineering Albany, New York 12223 New York State Dept. of Health Empire State Plaza Madison Avenue John Newkirk, Executive Albany, New-York 12237 Assistant to the Commissioner Dept. of Agriculture & flarkets Honorable !!ario Cuomo, Secretary State Campus, Building 8 of State Albany, New York 10007 ATTN:

H. G. Williams, Division of State Planning John C. Bagley, Esq.

162 Washington Avenue Catskill Central School District Albany, New York 12210 P. O. Box 486 Catskill, New York 12414 Honorable Peter A. A. Berle, Commissioner

.S. C. DeLucia, Supervising Dept. of Environmental Conser-Principal for Coxsackie-Athens vation Central School District 50 Wolf Road Curtis & Warren Albany, New York 12233 Coxsackie, New York 12051 Mr. James F. Davis Honorable Samuel J. Abate,,

State Geologist Executive Director Education Building Hudson River Valley Commission Albany, New York 12224 Empire State Plaza Agency Building #1 Commissioner Albany,llew York 12238 NYS Office of Parks & Recreation Empire State Plaza David H. Engel, Esq.

Agency Building #1 Assistant Counsel for Energy Albany, New York 12238 New York State Department of Environmental Conservation Ivan P. Vamos, Director of 50 Wolf Road Planning and Research Albany, New York 12233 NYS Dept. of Parks & Recreation Empire State Plaza Mr. Paul Merges Agency Building #1 Office of Environmental Analysis Albany, New York 12238 Dept. of Environmental Conservation Room 414 Mr. Ralph Kessler 50 Wolf Road P. O. Box 160 i

Albany, New York 12233 Elizaville, New York 12523 1

l 6

2234 051

Dr. Peter J. R. Buttner, Director

'Mr. H. Lee Davis Environmental ibnagement Catskill Teachers Asso~ciation NYS Parks & Recreation West Main Street Empire State Plaza Catskill, New York 12414, Albany, New York 12238 Peter R. Borrelli, Executive Joseph Leggio, Chairman Director Greene County Legislature The Catskill Center for Conser-Court House vation and Development, Inc.

Catskill, New York 12015 River Street Hobart, New York 13788 Harry L. Palmer, Chairman Robert C. Stover, Esq.

Power Plant Committee Norwick, Raggio, Jaffe & Kayser 30 South Franklin Street 10 East 40th Street Athens, New York 12015 New York, New York 10016 Mrs. Loretta Simon Mr. George Paul Moran Greene County Planning Director.

Local 106 Box 514 International Union of Operating Cairo, flew York 12413 Engineers 1044 Broadway Jeffrey P. Englander, Esq.

Albany, New York 12204

• Hudson Valley District Council of Carpenters Francis W. Hilfrank, Esq.

Friedlander, Gaines, Cohen Green County Federation of Rosenthal & Rosenberg Sportsman Clubs 1140 Avenue of the Americas 156 Jefferson Heights New York, New York 10036 Catskill, New York 12414 Mr. John R. Grover Joseph V. Angiolillo, Esq.

Administrative Office of the For Albany-Greene County City of Hudson Power Committee Hudson Community Development 25 Bergen Street and Planning Agency Brooklyn, New York 11201 32 Warren Street Hudson, New York 12534 Ms. Mary Berner, et al.

R.D. #1, Box 40 Robert Francello, President,

Athens, New York 12015 s Board of Education Superintendent's Office Mr. Gerald Townley Saugerties Central Schools R.D. #1 Washington Avenue Athens, New York 12015 Saugerties, New York 12477 Honorable Kenneth Huemmer Emerson Mead, Town Supervisor Town Justice Town of Conesville Greenville,,New York 12083 R.D. 41 Gilboa, New Yark 2234 052

.s'.

Mr. William H. Trumpbour, Jr.

Mayor George A. Turner, Jr.

1795 Old Kings Highway Village Clerk's Office Saugerties, flew York 12477 Petit-ion Street P. O.

Box 96 Mr. David J. Krein Saugerties, New York 12477 Camp Creek Road Germantown, tiew York 12526

• Atomic Safety and Licensing Board Mr. & Mrs. Henry Cianfoni Panel P.O. Box 36 U.S. Nuclear Regulatory Commission Germantown, New York 12526 Washington, D. C. 20555 Mrs. William E. Foster

• Atomic Safety and Licensing Appeal Northern Boulevard Panel (5)

Germantown, New York 12526 U.S. Nuclear Regulatory Commission Was~hington, D. C. 20555 Comissioner

. Docketing and Service Section (3)

NYS Dept. of Health Empire State Plaza Office of the Secretary Madison Avenue U.S. Nuclear Regulatory Commission Albany, New York 12237 Washington, D. C. 20555 Mr. Joaquin Fiorillo Closter Road

' Palisades, New York 10964 Daniel Riesel, Esq.

Winer, Neuburger & Sive 425 Park Avenue New York, New York 10022 h

• 1. 7 Marcia E. Mulkey

/

Counsel for NRC Staff 2234 053

.