ML19309A771
| ML19309A771 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/24/1980 |
| From: | Swartz L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004010315 | |
| Download: ML19309A771 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
METROPOLITAN EDISON COMPANY, ET AL.
Docket No. 50-289
)
(Three Mile Island, Unit 1)
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NRC STAFF RESPONSE TO MARVIN I. LEWIS' MOTION TO COMPEL DISCOVERY FROM THE NRC STAFF Marvin I. Lewis submitted a second set of interrogatories to the NRC Staff on January 29, 1980.
On February 25, 1980, the Staff objected to four of Mr. Lewis' interrogatories in its pleading entitled "NRC Staff Objections to Discovery Requests."E Mr. Lewis then filed his " Request to Board to Compel Discovery from Staff" (Request) on March 4, 1980 which asks the Licensing Board to require the Staff to answer three of the four questions it found objectionable.E The Staff continues to object to interrogatories numbered NRC 14 and 18 and agrees to respond to NRC 15.
Lewis Interrogatory NRC 14 In llRC 14 on page 3 Mr. Lewis 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 wha.t the licensee is doing and when and if adequate to the Staff?"
y The Staff objected to Mr. Lewis' interrogatories numbered NRC 14, 15, 18, and 19 in its February 25, 1980 pleading.
2/ Mr. Lewis withdrew his interrogatory numbered NRC 19.
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_2 In his Request, Mr. Lewis argues that he "should not be put upon to search thru [ sic] document after document to find information any good engineer would have well defined in a systems approach..." and asks that the Staff be
" directed to inform Intervenor Lewis how they are organizing their submittals so that information is not hidden behind a facade of cross references and so that pertinent information such as Licensee inadequacies is clearly obtainable." The Staff continues to object to this interrogatory even as modified. The Staff will provide Mr. Lewis with information in as clear and concise a manner as poss.ble and seek to insure that the information submitted to him is organized in a manner which will make it easily understandable.
However, the Staff has no duty to compile or organize material for Mr. Lewis or to search documents to prove Mr. Lewis' case. Boston Edison Company, et al., (Pilgrim Nuclear Generating Station, Unit 2), LBP-75-30,1 NRC 579, 584 (1975). He alone has the responsibility to make his case and, indeed, is in a better position to do so.
l The Staff continues its objection to NRC 14.
Lewis Interrogatory NRC 15 Mr. Lewis asks in NRC 15 on page 3:
"Is the Staff satisfied merely by recomending things that never happen?"
The Staff understood his question, as the last question of a series, to be the thrust of Mr. Lewis' Interrogatory. The question is rhetorical and thus
> the Staff objected to it on the grounds that "[n]o specific information is asked for and none can be given..."
In his request, however, Mr. Lewis changes the meaning of his Interrogatory by asking merely Has anything been done to implement leak reduction and elimination program aside from recommending such a program?
Although Mr. Lewis' restatement of NRC 15 should be considered a new discovery request which was not timely filed, the Staff will prepare a response to the Interrogatory as rephrased.
Lewis Interrogatory NRC 18 NRC 18 on page 4 expresses Mr. Lewis' concern over infortnation 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 f>om the public scrutiny by [10 C.F.R. 52.790(d)].
Mr. Lewis, in his Request, states that the Staff did not object to his first question in a series of questions in NRC 18 and asks the Board to require the Staff to " review all the [10 CFR 52.790] Licensee submittals for anything which may produce a danger to the health and safety of the public."
First, the Staff objected to all of Mr. Lewis' NRC 18 on the ground that it did not request any specific information and the Staff could not provide any.
As an example of his concerns, the Staff quoted what the Staff believed was the essence of Mr. Lewis' interrogatory. The Staff continues to object to the entire interrogatory on these grounds, i
1
. Further, Mr. Lewis does not simply ask the Board to require the Staff to answer the interrogatory as asked but rather demands that the Staff review Licensee submittals which are kept from public scrutiny under 10 C.F.R. 62.790.
Again, Mr. Lewis is making a completely different request which is not even in the nature of discovery.
In addition, it is outside of the bounds of his contention and is not timely filed. The Staff objects to Mr. Lewis' new NRC 18 on these grounds.
Conclusion For the reasons stated above, the NRC Staff continues to object to Mr. Lewis' interrogatories NRC 14 and 18. Although the request is untimely, the Staff will prepare a response to NRC 15.
In addition, the Staff seeks from the Licensing Board a protective order under 10 C.F.R.12.740(c) such that the Staff need not answer NRC 14 and 18.
Respectfully submitted, Lucinda Low Swartz Counsel for NRC Staff Dated at Bethesda, Maryland, this 24th day of March, 1980
UNITED STATES OF AMERICA NUCLEAR REGULA10RY C0:iMISS10N BEFORE TiiE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METECPOLITAN EDISON COMPANY, Docket No. 50 289 EI AL.
R.ree Mile Island, Unit 1)
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C_ERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MARVIN 1. LEWIS' HOTION TO COMPEL DISCOVERY FROM THE NRC STAFF", dated March 24, 1980 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 Nuclear Regulatory Commission's internal mail system, this 24th day of March 1980:
- Ivan W. Smith, Esq.
Mr. Steven C. Sholly Atomic Safety & Licensing Board Panel 304, South Market Street U.S. *:uclear Regulatory Commission Mechanicsburg, Pennsylvania 17055 1:ashington, D.
C.
20555 Mr. Thomas Gerusky Dr.1l alter H. Jordan Bureau of Radiation Protection 831 W. Outer Drive Dept. of Environmental Resources Cak Ridge, Tennessee 37830 P.O. Box 2063 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little 5000 Hermitage Drive Mr. Marvin I. Lewis Raleigh, North Carolina 27612 6504 Bradford Terrace Philadelphia, Pennsylvania 1916 r>eorge F. Troubridge, Esq.
Shaw, Pittman, Potts & Trowbridge Metropolitan Edison Company 1800 M Street, N.W.
Attn: J.G. Herbein, Vice President Washington, D. C.
20006 P.O. Box 542 Reading, Pennsylvania 19603 Karin W. Carter, Esq.
S05 Executive House Ms. Jane Lee P.O. Box 2357 R.D. 3; Box 3521 Harrisburg, Pennsylvania 17120 Etters, Pennsylvania 17319 lbnorable Mark Cohen Walter W. Cohen, Consumer Advocate 512 0-3 Main Capital Building Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127 I
2-John Levin, Esq.
Pennsylvania Public Utilities Cum.
Box 3265 Harrisburg, Pennsylvania 17120 Jordan D. Cunningham, Esq.
Allen R. Carter, Chairman fox, Farr and Cunninoham Joint Legislative Comittee on Energy 2320 North 2nd Street Post Office Box 142
!!arrisburg, Pennsylvania 17110 Suite 513 Senate Gressette Building Theodore A. Adler, Esq.
Columbia, South Carolina 29202 WID0FF REAGER SELK0WITZ & ADLER Post Of fice Box 1547
- Atomic Safety and Licensing Appeal Board 14rrisburg, Pennsylvania 17105 U.S. Nuclear Regulatory Commission 1.'ashington, D. C.
20555 Ms. Ellyn R. Weiss Sheldon, Harmon, Roisman & Weiss
- Atomic Safety and Licensing Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Commission Suite 506 Washington, D. C.
20555 Washington, D. C.
20006
- Dueting and Service Section Ms. Karen Sheldon U.S. Nuclear Regulatory Commission Sheldon, Harmon, Roisman & Weiss 1.'2shington, O. C.
20555 1725 I Street, N.W.
Suite 506 Robert Q. Pollard Washington, D. C.
20006 609 Montpelier Street Baltimore, Maryland 21218 Ms. Marjorie M. Aamodt R.D. 85 Coatesville, Pennsylvania 19320 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Frieda Berryhill, Chairman
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Coalition for Nuclear Power Plant W
Fostponement Counsel for NRC Staff 2610 Grendon Drive Wilmington, Delaware 19808 Holly S. Keck Anti-Nuclear Group Representing York 245 W. Philadelphia Street' York, Pennsylvania 17404
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