ML19294A949

Objections to Sc Sholly Second Set of Interrogatories Re Emergency Plan Issue,Due to Untimely Filing.Contains Answers to Security Plan Interrogatories.Licensee Will Identify Documents Re Alleged Security Threat.W/Certificate of Svc

ML19294A949
Person / Time
Site:	Three Mile Island
Issue date:	02/08/1980
From:	Zahler R METROPOLITAN EDISON CO.
To:	Sholly S, Zahler R AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE
References
NUDOCS 8002260294
Download: ML19294A949 (80)

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February 8, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

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BEFORE THE ATCMIC SAFETY AED LICENSING BOARD, (? (O j'

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In the Matter of ) <

) 'II METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S OBJECTIONS TO THE SECOND SET OF INTERROGATORIES FROM STEVEN C. SHOLLY Intervenor Steven C. Sholly has served a second set of interrogatories (dated February 5, 1980) on Licensee. Pursuant to 10 C.F.R. SS 2.740(c) and 2.740b (b) , Licensee objects to all but the last interrogatory. With respcct to those interrogator-ies relating to Licensee's Emergency Plan, Licensee objects be-cause the interrogatories were not served within the time autho-rized by_the Licensing Board.b! With respect to those inter-rogatories relating to Licensee's Security Plan, Licensee objects to all but the last because the interrogatories are outside the scope of Mr. Sholly's Contention No. 16 and therefore impermis-sibly seek material irrelevant to the subject matter of this pro-ceeding.

A. Emergency Plan Interrogatories In its First Special Prehearing Conference Order (dated

-1/

Licensee has not objected to those interrogatories on emergency planning contained in Mr. Sholly's first set of interrogatories.

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December 18, 1979), the Licensing Board ruled that "[g]eneral dis-covery shall be completed no more than sixty days after the ser-vice of this order" (p. 66; emphasis in original). As explicitly described by the Licensing Board Chairman during the Special Pre-hearing Conference, this directive means that interrogatories must be filed early enough so that the answering party, taking the time afforded it to respond under the Commission's regula-tions, will complete its response within the 60 days permitted for general discovery. See Tr. at 857.

A simple calculation provides the last date on which interrogatories could be served by mail in compliance with this ruling. Sixty days from December 18, 1979 (the date of the First Special Prehearing Conference Order) gives February 16, 1980 --

a Saturday. Since the following Monday is a federal holiday, general discovery ends as of February 19, 1980. Section 2. 740b (b) of the Commission's Rules states that responses to interrogatories are to be provided within 14 days after service. Pursuant to Section 2.710, five days can be added when service is by mail.

Thus, for interrogatories to have been timely filed they must have been served by February 1, 1980.

The certificate of service attached to Mr. Sholly's second set of interrogatories indicates that it was delivered to John Wilson at the TMI site on February 5, 1980, and, in accord-ance with Licensee's offer, was served by mail on Licensee's counsel and all other parties on February 6, 1980. Thus, Mr.

Sholly's second set of interrogatories are untimely.

The only issue that remains is whether the Licensing Board's Memorandum and Order Extending Time for Discovery Re-spenses and Setting Prehearing Conference (dated February 1, 1980) extended the time within which Mr. Sholly could file his interrogatories. Licensee thinks not. On the issue of dis-covery timing, the Board ruled (p. 2):

For now the board is acting consistent with Licensee's position. The board extends the deadline for responding to discovery requests from February 16, to March 17, 1980. The deadline for initially making discovery re-quest, however, will remain for now at February

16. [ Emphasis added.]

Given the First Prehearing Conference Order and the Chairman's remarks during the Prehearing Conference, Licensee understands the last sentence of this ruling to be that discovery can be requested up to February 16, so long as the responding party can comply by that date. Thus, for example, the deposi-tions noticed by TMIA -- which constitute a request for dis-covery -- can continue up to February 16, since the depositions would be completed as of that date. However, where the discovery device chosen is interrogatories, the last sentence of the Board's ruling does not extend the time to make such requests until February 16, since the responding party could not complete its answers within that time consistent with the response time al-lowed by the Commission's regulations.

For this reason, Licensee objects to answering Mr.

Stolly's interrogatories designated 08-013 through 08-033. We note that if the Licensing Board authorizes " follow-up" dis-

covery, Mr. Sholly may avail himself of that option. However, the instant interrogatories could not possibly be viewed as

" follow-up" discovery, since Mr. Sholly has not yet received Licensee's responses to his first set of interrogatories.

B. Security Plan Interrogatories Since Licensee had objected to Mr. Sholly's Contention No. 16, and since Contention No. 16 was not admitted until the Board's order of January 11, 1980, subsequently clarified by the Board's Order of January 25, 1980, we do not object to his interrogatories addressing that contention on grounds of late-ness. However, review of the interrogatories propounded by Mr. Sholly indicate that, but for one exception, they are out-side the scope of his contention as allowed and explained by the Board and therefore objectionable.

As explained by the Licensing Board in its Third Special Prehearing Conference Order (dated January 25, 1980), "[t]he scope of [Mr. Sholly's contention] as admitted includes activi-ties in connection with the decontamination and restoration of Unit 2 allegedly posing an internal security threat to safe operation of Unit 1" (p. 20). The Board noted that this included an internal security threat to Unit 1 from personnel associated with decontamination and restoration of Unit 2, regardless of whether those personnel were located in Unit 2 or Unit 1 (jul. ) .

Significantly, however, the Board stated that the contention did not cover the broad issue of Unit 1 internal security (id. at 19).

Despite this ruling, all but one of Mr. Sholly's interrogatories addresses the general matter of internal security and not that

aspect related solely to the ongoing work at Unit 2.

Interrogatory 16-001. This interrogatory relates to security during a Site or General Emergency and not to security issues posed by Unit 2 work. Licensee therefore objects.

Interrogatory 16-002. This interrogatory does not even relate to Unit 1 security. Rather, it addresses Unit 2 security. Licensee therefore objects.

Interrogatory 16-003. This interrogatory relates to the screening of potential security guards and not to security issues posed by Unit 2 work. Licensee therefore objects.

Interrogatory 16-005. Licensee objects to the breadth of this interrogatory because it clearly calls for material be-yond the scope of Mr. Sholly's contention. Licensee will, how-ever, identify those nonproprietary documents which relate to the alleged internal security threat to Unit 1 from the decon-tamination and restoration of Unit 2.

Interrogatory 16-006. Since the issue of security force separation may relate to Mr. Sholly's contention, Licensee does not object to this interrogatory.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:

' Robert E Zahler Dated: February 8, 1980

February 8, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAM EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Objections to the Second Set of Interrogatories from Steven C. Sholly", were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 8th day of February, 1980.

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,6- os as

' Robert El Zahler '

Dated: February 8, 1983

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Res tart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire g John A. Ievin, Esquire

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P e sy P lic Utility Cmm'n D 0 I i ania 17120 Dr. Walter H. Jordan * "' "

Assistant Attorney General Atomic Safety and Licensing Board Panel 505 Executive House 881 West Outer Drive Post Office Box 2357 Oak Ridge, Tennessee 37830 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little John E. Minnich Atomic Safety and Li nsing , a@hin Comty Board Board Panel f Cmmissioners 5000 Hermitage Drive @ omty hue Raleigh, North Carolina 27612 y nd Market Streets Harrisburg, Pennsylvania 17101 Jarms R. Tourtellotte, Esquire Walter W. Cohen, Escuire Office of the Executive legal Director Consumr Advocate U. S. Nuclear Pegulatory Cmmission Washington, D.C. 20555 Office of Cbnswer Advocate 14th Floor, Strawberry Square Docketing and Service Section

. . Harrisburg, Pennsylvania 17127 Offi of the Secretary U. S. Nuclear Pegulatory Cm mission Washington, D.C. 20555

Jordan D. Cunningham, Esquire Karin P. Sheldon, Esquire Attorney for Newberry '1bwnship Attorney for People Against Nuclear T.M.I. Steering Cormlittee Energy 2320 North Second Street Sheldon, Harren & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Mler, Esquire Widoff Peager Selkowitz & Adler Robert Q. Pollard Post Office Box 1547 Chesapeake Energy Alliance Harrisburg, Pennsylvania 17105 609 Montpelier Street Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Attorney for the Union of Concerned Chauncey Kepford Scientists Judith H. Johnsrud Sheldon, Harnon & Weiss Environmental Coalition on Nuclear 1725 Eye Street, N.W., Suite 506 Power Washington, D.C. 20006 433 Orlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Parvin I. Iewis bbchanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Gail Bradford Holly S. Keck Marjorie M. Aamodt Icgislation Chaiznnn R. D. 5 Anti-Nuclear Group Pepresenting York Coatesville, Pennsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404