ML19296C875
| ML19296C875 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/25/1980 |
| From: | Swartz L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002290011 | |
| Download: ML19296C875 (6) | |
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i 02/25/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island, Unit 1)
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NRC STAFF OBJECTIONS TO DISCOVERY REQUESTS At the Second Pre-hearing Conference on February 13, 1980, the Licensing Board ruled that objections to discovery requests served before February 13, 1980 must be made on or before February 25, 1980.
(Tr. 1656).
This ruling was reiterated in the Board's Memorandum on Revised Discovery Schedule dated February 20, 1980.
Pursuant to this ruling, the NRC Staff makes the following objections to certain of the interrogatories submitted by Marvin I. Lewis, Steven C. Sholly, and the Union of Concerned Scientists (UCS).
Marvin I. Lewis In his " Continuing Set of Lewis Interrogatories to Staff" dated January 29, 1980, Mr. Lewis asks several objectionable questions. NRC 14 on page 3 asks:
"How will I know when the licensee's response is adequate to the Staff on these issues without searching back and forth between documents to find that the licensee's response is not adequate to the Staff? How will I know what the licensee is doing and when and if adequate to the Staft?"
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. Such quest. ions cannot be answered by the Staff. All correspondence between the Staff and the licensee concerning the proposed restart of TMI-l is available to Mr. Lewis in the Local Public Document Rooms.
How and when he becomes apprised of that infonnation provided by the Staff is known only to Mr. Lewis.
NRC 15 on page 3 asks:
"Is the Staff satisfied merely by recomending things that never happen?" Again, the Staff is unable to answer this_
question. No specific information is asked for and none can be given to such a vague interrogatory.
NRC 18 on page 4 expresses Mr. Lewis' concern over information not subject to disclosure under 10 C.F.R. 52.790(d) and asks, in essence, how he can be sure to trust the Staff that my and the public's health and safety will be adequately insured where items,are hidden from the public scrutiny by [10 C.F.R. 5 2.790(d)J.
The interrogatory does not request any specific information and therefore the Staff cannot provide any.
Finally, the Staff objects to NRC 19 on page 4.
This question asks If (the Status Report) is an SER, isn't the Staff derelict to put out such an obviously inadequate and faulty SER?
The Staff is unable to answer such a vague question.
Further, an explanation of the Status Report and its relation to the SER was set forth
. in a letter dated January 31, 1980, from James R. Tourtellotte to all intervenors in this proceeding.
In this letter Mr. Tourtellotte explained the genesis of the Status Report:
...because there remained a number of areas in which the Staff's evaluation was incomplete, the Staff was unable to issue its completed SER in January and, instead, issued the Status Report...." Mr. Tourtellotte also explained the relation of the Status Report to the SER:"[t]he Status Report is basically an SER outline and a report on the status or items being reviewed for restart...."
Steven C. Sholly The Staff objects to Interrogatory 11-3 dated January 17, 1980 because it is identical to Interrogatory 3-2 which will be answered by the Staff.
Union of Concerned Scientists The Staff objects to UCS Interrogatories 210 and 211 dated February 1,1980.
Interrogatory 210 asks for time and attendance cards since March 28, 1979 for Staff members who performed the technical review, prepared inputs, and reviewed and approved inputs to the Status Report. This request is improper because the information sought is irrelevant to this proceeding.
The Staff also objects to Interrogatory 211 which asks for Staff inputs to the Status Report.
Under 10 C.F.R. 52.790(a) the Staff is !J. required to provide handwritten notes, drafts, or anything other than final NRC records and documents. The Status Report represents the final inputs of Staff members.
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. For the reasons set forth above, the NRC Staff objects to Mr. Lewis' Interrogatories NRC 14, Nr.C 15, NRC 18 and NRC 19; to Mr. Sholly's Interrogatory 11-3; and to UCS' Interrogatories 210 and 211.
Respectfully submitted,
[A0b'lll[
6-<t v Lucinda Low Swartz Counsel for NRC Staff Dated at Bethesda, Maryland, this 25 day of February,1980 t
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1 Nr e ma n wN iewmW
=1 UtilTED STATES OF AMEP.ICA I;UCLEAR REGULATORY COMMISS10ft BEFORE THE ATOMIC SAFETY AfiD LICEf; SING BOARD In the Matter of
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METROPOLITAft EDISON COMPAfiY,
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(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF OBJECTIONS TO DISCOVERY REQUESTS" 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 asferisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 25th day of February,1980.
Ivan W. Smith, Esq.
Ellyn Weiss, Esq.
Sheldon Harmon, Roisman & Weiss Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission e 50 Uashington, D. C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan Mr. Steven C. Sholly 881 W. Outer Drive 304 South Market Street Oak Ridge, Tennessee 37830 Mechanicsburg, Pennsylvania 17055 Dr. Linda W. Little 5000 Hermitage Drive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Department of Environmental Resources George F. Trowbridge, Esq.
P.O. Box 2063 Shaw, Pittman, Potts & Trowbridge Harrisburg, Pennsylvania 17120 1800 M Street, N.W.
Washington, D. C.
20006 Mr. Marvin I. Lewis 6504 Bradford Terrace Karin W. Carter, Esq.
Philadelphia, Pennsylvania 19149 505 Executive House ii P. O. Box 2357 Metropolitan Edison Company Harrisburg, Pennsylvania 17120 Attn:
J. G. Herbein, Vice President P.O. Box 542 Reading, Pennsylvania 19603 Honorable Mark Cohen 512 E-3 Main Capital Building Ms. Jane Lee Harrisburg, Pennsylvania 17120 R.D. 3; Box 3521 Etters, Pennsylvania 17319
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- Walter W. Cohen, Consumer Advocate Holly S. Keck Department of Justice Anti-Nuclear Group Representing Strawberry Square,14th Floor York Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street
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York, Pennsylvania 17404 Robert L. Knupp, Esq.
Assistant Solicitor John Levin, Esq.
Knupp and Andrews Pennsylvania Public Utilities Conn.
P.O. Box P Box 3265 407 N. Front Street Harrisburg, Pennsylvania 17120 Ha rri sburg, Pennsyl vania 17108 Jordan D. Cunningham, Esq.
John E. Minnich, Chairman Fox, Farr and Cunningham Dauphin Co. Bcard of Com'nissioners 2320 North 2nd Street Dauphin County Courthouse Harrisburg, Pennsylvania 17110 Front and Market Sts.
Harrisburg, Pennsylvania.17101 Ms.KathyMcdaughin Three Mile Island Alert, Inc.
Atomic Safety and Licensing Appeal Board 23 South 21st Street U.S. f'uclear Regulatory Commission Harrisburg, Pennsylvania 17104 Washington, D. C.
20555 Is Mgrjorie M. Aamodt Atomic Safety and Licensing Board Panel U.S., Nuclear ?egulatory Commission C$a[e'sville, Pennsylvania 19320 Washington, D. C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Ms. Karen Sheldon Uashington, D. C.
20555 Sheldon, Harmon, Roisman & Weiss 1725 I Street, N. W.
Suite 506 Robert Q. Pollard Chesapeak Energy Alliance Washington, D. C.
20006 609 Montpelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Frieda Berryhill, Chairman
,[/ b// // M j Coalition for Nuclear Power Plant
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Postponement Lucinda Low Swartz /
I' 2610 Grendon Drive Counsel for NRC Staff Wilmington, Delaware 19808