ML19309C708

First Set of Interrogatories.Includes Questions Re Intervenors' Revised Contentions & Deviations Occurring Since Issuance of Cp.Proof of Svc Encl

ML19309C708
Person / Time
Site:	Byron
Issue date:	03/12/1980
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
To:	COMMONWEALTH EDISON CO.
References
NUDOCS 8004090177
Download: ML19309C708 (10)

Text

, ~

8%I? D Colu;Ewuxyg3gg NC l  %

,f'5% -

UNITED STATES OF AMERICA /'e .;

r NUCLEAR REGULATORY COM*1ISSION  !! i, '" 44 l' . 7 G; i

\

\ ....:

,~' ~Uh* h

::::, r In the Matter of ) 9 ' O.Tl:2

) A },EJn. ) -

/

COMMONWEALTH EDISON CO., Docket Nos. STN ->/ j g g #

Byron Station ) 50-454 and 50-455

)

(Units No. 1 and No. 2) ) Operating License LEAGUE OF WOMEN VOTERS OF ROCKFORD, ILLINOIS' FIRST INTERROGATORIES TO COMMONWEALTH EDISON CO.

Pursuant to 10 C.F.R. 2.740b, the League of Homen Voters of Rockford, Illinois (" League") requests that Commonwealth Edison Co., by an officer with knowledge, answer the following interrogatories separately and fully in writing, under oath or affirmation, within 14 days after service.

PLEASE OBSERVE the definitions and instructions contained in I below. These definitions and instructions are an essential part of these Interrogatories and have been provided to you in order to describe with resonable particu-larity the information requested herein.

I DEFINITIONS AND INSTRUCTIONS The following definitions and instructions snall be used and applied by you in connection with your answer to

~

these Interrogatories. ,

G se*E"

• I

1. " Communication" shall mean and include all

" documents" as hereinafter defined and all written, oral, tele-phonic or other inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, letters, notes, telegrams, advertisements, press releases, publicity releases, trade releases, and interviews.

2. As used herein, " document" includes, but is not limited to, written " communication" (as defined), in any form, papers, photographs, films, recordings, memoranda, books, records, accounts, communications, writings, letters, telegrams, mailgrams, correspondence, notes of meetings or of conversations or of phone calls, interoffice memoranda or written communica-tions of any nature, recordings of conversations either in writing or upon any mechanical or electronic or electrical recording devices, notes, accountant's statements or summaries, budgets, exhibits, appraisals, work papers, reports, projects, tabulations, purchase orders, invoices, cancelled checks or check stubs, receipts, studies, surveys, legal opinions, affi-davits, interrogatories, legal briefs, legal motions, judgments, complaints, legal complaints, answers, legal answers, counter-claims, vouchers, minutes of meetings, designs, drawings, plans, manuals, notebooks, worksheets, contracts, agreements, letter agreements, bills of lading, warehouse receipts, timesheets, promissory notes, diaries, desk calendars, circulars, charts, logs, ledgers, schedules, transcripts, news releases, advertise-ments, press books, advertising materials, publicity releases, trade releases, press releases, teletype messages, licenses, permits, financial statements, appointment books, payment records, stenographers' notebooks, punchcards and computer printout sheets, computer data, telecopier transmissions, articles of incorporation, articles of association, by-laws, rules, expense records, criteria, regulations, directives, hotel charges, stock transfer books, proposals, prospeccuses, offers, orders, logs, objections, brochures, films, rictures, video tapes, video cassettes, inquiries, contracts, evalua-tions, promotional material, production and sales or license material, whether formal or informal; and all drafts, revi-sions, and differing versions (whether formal or informal) of any of the foregoing, and also all copies of any of the fore-going which differ in any way (including handwritten notations or other written or printed matter of any nature) from the original.

3. The term " relate to" or " relating to" shall mean: consist of, refer to, reflect or be in any way logically or factually connected with the matter discussed.

4. The words "and," and "or" shall be read herein in the conjunctive or disjunctive or both, as the case may be, all to the end that the interpretation be applied which results in the more expansive answer.

5. If you claim privilege regarding (or advance any reason or objection for not providing) any information requested herein, please set forth with particularity all underlying reasons therefor, and identify and maintain all related documents and communications for possible inspection and/or ruling by a Licensing Board or Court.

II INTERROGATORIES Interrogatory No. 1 Under date of March 10, 1980, the League filed its Revised Contentions in this proceeding. A substantial number of the contentions raised safety issues, applicable to Byron, which have been identified by the Nuclear Regulatory Commission Staff both generically and specifically as a result of many

~

separate NUREGS and the Three Mile Island accident and subse-quent investigations thereof. Generically by definition means applicable to all reactors (of a certain class, e.g. , PWRs) ;

yet often Commonwealth Edison and the NRC Staff take the circular position that one must prove that such " generic" issues apply to a power plant, even though the Staff has admitted they do, both specifically and by labeling the issue

" generic". ricreover, other of these Revised Contentions raise substantial and important environmental issues.

In order to avoid any controversy and to avoid procedural arguments which tend to obscure the merits and seriousness of the request to license for operation the Byron l

Units, you are directed to provide the following information l

in writing, under oath, and separately with respect to each Revised Contention set forth in the " Revised Contentions of Intervenor Rockford League of Women Voters" filed under date of, and served upon you on, March 10, 1980. Your answers shall specifically address itself to each of the 146 Revised Contentions and shall include the following information:

A. Separately with respect to each Revised Contention filed by the League under date of March 10, 1980, state in writing, under oath, and in specific detail:

(i) Do you agree that each Revised Conten-tion is related or applicable to, in whole or in part, a consideration of continued construction and/or permission to operate each or both of the Byron Units? If your answer to this question with respect to any Revised Contention is yes, please explain your answer in detail. If your answer to this question is no with respect to any Revised Contention, please explain your answer in detail, including all factual and other reasons why you believe each such Revised Contention is unrelated or inapplicable to the Byron Units; (ii) With respect to each "no" answer in (i) above regarding the Revised Contentions, state, answering in specific detail, whether it is your position that the problem or issue raised by each such Revised Contention is totally inapplicable and unrelated to the Byron Units, in the sense that no consideration of any kind need be had concerning each such Revised Contention's relation or applica-bility to the Byron Units; (iii) If any part of your answer to (i) or (ii) above relating to any Revised Contention is based in whole or in part upon the position that the subject matter of a Revised Contention is ,

inapplicable (or unrelated) because (1) the subject matter has been considered at the construction phase hearing of the Byron Units; (2) the subject matter is barred from consideration at the operating hearings herein by a NRC regulation, rule, criteria, policy or convention; or (3) a Revised Contention has not specifically set forth a sufficient nexus (within the meaning of the River Bend Decision, ALAB-444, 6 N.R.C. 760 (1977)) regarding the Byron Units, then with respect to each such answer regard-ing each such Revised Contention, please also state in specific detail, giving reasons for your position:

(a) Regarding (iii) (1) above, have any facts or events occurred subsequent to the issuance of the construction permits herein, which present a sufficient ground for re-examining the subject matter of the Revised Contention at the operating stage _herein; l

l 1

(b) Regarding (iii) (2) above, what NRC regulation, rule, criteria, policy or conven-tion bars consideration of the subject matter of the Revised Contention, and does there exist any reason for waiving the applicability of any such regulation, rule, policy, criteria or convention to this proceeding; and (c) Regarding (111) (3) above, what fact, opinion, or other analysis of which you are aware (specifically and in detail exp.laining such fact, opinion or other analysis) which can form the basis for a sufficient nexus to the Byron Units; in connection with your answer to this subpart, if you state you are unaware of any facts, opinions, or analyses which can form such nexus, please also state in detail whether you believe it is impossible, as a matter of scientific or environmental application, for any nexus to be supplied whatsoever. -

Interrogatory No. 2 Please describe in specific detail each instance of which you have knowledge which relates to any deviation or non-conformity or change occurring or taking place since the issuance of the construction permits for the Byron Units (believed to be December 31, 1975) , whether approved or nonapproved by any applicable authority (but in such case state whether approval has been requested of or granted by any such applicable authority) by Commonwealth Edison Co. relating to the Byron Units in each or any of the following categories:

A. The construction permit applications; B. The Construction permits; C. Actual Construction; D. Any commitment by Commonwealth Edison made, whether before or after issuance of the construction 1

permits, but in connection with construction; E. Design or redesign of any safety related item; F. Design or redesign of any non-safety related item; G. Any rule, regulation, criteria, guide, convention, policy, or suggestion by the NRC or any component thereof; H. Design bases and/or margins of safety; I. Quality assurance or quality control; J. Research and development programs which will be, have been, or are being conducted to resolve any safety or environmental questions; K. The construction budget; L. The total cost of construction (including all amounts spent in purchase of any item);

M. Any of the specific matters set forth in 10 C.F.R.

S 50.34 (b) (6) (7) and (9), and 10 C.F.R. S 50.34 (d);

N. Any of the specific matters set forth in 10 C.F.R.

S 50.55;

o. The financial qualifications of Commonwealth Edison Co.; and P. The technical and managerial qualifications of Commonwealth Edison Co.

Interrogatory No. 3 Identify.with specific particularity (including dates, addressor, addressee and subject matter) each document and communication which you either:

A. Have consulted or in any way reviewed in connec-tion with any of your answers to these interrogatories; and/or B. Beli. eve should be considered or reviewed in connection with any such answer, in both cases specifying also in detail which and in what manner each such document and communication relates to any of your-answers herein.

ROCKFORD LEAGUE OF WOMEN. VOTERS l

e- . .

/ C1 By: , hM / IU its Attorney D

1.

Myron M. Cherry CHERRY, FLYNN & KANTER ,

One IBM Plaza -

Suite 4501 Chicago, Illinois 60611 (312) 565-1177

C,0pyESPONDENCE PROOF OF SERVICE I certify that a copy of the foregoing was served, postage prepaid and properly addressed, on counsel of record, members of the Licensing Board, and the Secretary-Docketing Section of the United States Nuclear Regulatory Commission this 12th day of March, 1980.

~' l I f

, oi l b5i. / // '

MYRoN . CHERRY p fc [

, c=m3 e v -

USIG.;

p f.'AR 17 geg, d 0$9..cfes se::eq OJ - ir.:ce:-::e D.-

e Cy d b

(

.