ML19316B191

Second Motion to Compel Intervenor Chesapeake Energy Alliance Response to 800118 Interrogatories.Intervenor 800426 Response in Compliance W/Aslb 800416 Order Failed to Supply Requested Info.Certificate of Svc Encl

ML19316B191
Person / Time
Site:	Three Mile Island
Issue date:	05/12/1980
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006120036
Download: ML19316B191 (7)

Text

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A Lic 5/12/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g In the Matter of DOCKETED g

) USNRC

) 9 "

METROPOLITAN EDISON COMPANY ) Docket No. 50-289 b MAY 13 IO8D T2

) (Restart) k O!!ite of the Secretary -

(Three Mile Island Nuclear ) Olfrbch Station, Unit No. 1) )

7 i i

g 9 LICENSEE'S SECOND MOTION TO COMPEL DISCOVERY OF CEA On January 18, 1980, Licensee served upon Chesapeake i Energy Alliance, Inc. ("CEA") a first set of interrogatories. j l

On March 17, 1980, CEA filed a document entitled "CEA's Response To Licensee's First Set of Interrogatories." Most of CEA's March 17 responses were insufficient, incomplete, or unresponsive.

CEA filed no response whatsoever to some of Licensee's interrogatories. l Accordingly, on March 31, 1980,. Licensee moved the Board for an order compelling CEA to respond fully to Interrogatories 5-1 proper, 5-1(a) , ~ 5-1(b) , 5-1(c), 5-2, 5-3 proper, 5-3(a), 5-3(b), 5-3(c),

5-4, 5-5, 6-l' proper, 6-1 (b) , 6-1 (c) , 6-1(d), 6-2, 6-3(b), 6-3(c),

i- 7-1 proper, 7-1 (a) , 7-1(b), 7-1(c) , 7-1(d), 7-2 proper, 7-2(a),

7-2 (b) , 7-2(c), 7-2(d), 8-1 proper, 8-1(a), 8-1(b), 8-1(c), 12-2,.

12-3 and 12-4. CEA did not respond to the motion to compel.

800e1206)6

e e-In its " Memorandum and Order On Licensee's Motion To Compel Discovery of CEA" (April 16, 1980), the Board found that 4

each of Licensee's interrogatories to CEA "is relevant to the proceeding and * *

• appears reasonably calculated to lead to the discovery of admissible evidence" (slip op. at 1-2), and i

directed CEA to respond to Licensee's interrogatories, as modified by the Board, within ten days following the service of its Order (slip op. at 9).

On April 26, 1980, CEA filed its "Further Response To Licensee's First Set of Interrogatories." With very limited exceptions, CEA's responses fail to supply the information sought by Licensee. In many instances, CEA has responded that it does not have facts or other data to support its allegations.-1/ Given this state of affairs, it would be pointless for Licensee to ask the Board to compel a further response. to most of the interrogatories.

If CEA does not have and has not developed information to support its contentions, a further order to compel disclosure of the information would serve no purpose, though Licensee may later seek other relief. See " Memorandum and Order On Licensee's Second Motion To Compel Discovery of TMIA" (May 1, 1980) (slip op. at 4) .

There are, however, several interrogatories which the Board ordered CEA to answer, but which CEA omitted. entirely from its "Further Response" of April 16. These are Interrogatories 6-2, 1/ See, e.g., CEA's "Further Response" of April 26, 1980 to Inter-rogatories 5-1(a) , 5-1(b), 5-1 (c) , 5-2, 5-3 proper, 5-3 (a) , 5-3 (b) ,

l 5-3 (c) , .7-1 (a) , 7-1 (b) , 7-1 (c) , 7-1(d) , 7-2 (a) , 7-2(b), 7-2(c), 7-2(d),

8-1 proper, 8-1(a), 8-1(b),_ 8-1(c) , 12-2, 12-3 and 12-4.

i 7y , , - , - - -,-

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6-3 (b) ,-2/ and 6-3 (c) . Licensee further notes that CEA's "Further Response" to Interrogatory 5-5 does not include the "further elaboration", ordered by the Board, relating the alleged risks and probabilities of accidents at TMI-2 to postulated interference "with energency storage facilities that may be needed in the event of an accident at Unit 1."

" Memorandum and Order On Licensee's Motion To Compel Discovery of CEA" (April 16, 1980) (slip. op at 6) .

Licensee therefore moves the Board for a further order compelling CEA to expeditiously provide Licensee with full and substantive responses to Licensee's Tnterrogatories 5-5, 6-2, 6-3(b), and 6-3(c), in accordance with the Board's April 16 Order.

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

' //// u s

^3' George F . Trowbridge /

Dated: May 12, 1980 2/ The Board did not rule directly on Interrogatories 6-2 and~.'6-3 (b) .

Rowever, the Board noted that it had " examined each of the interroga-tories as to which licensee seeks to compel answers," and that

"[elach interrogatory is relevant to the proceeding and * *

• reasonably calculated to lead to the discovery of admissible evidence," and ruled ganerally that " licensee is entitled to an accurate and complete answer to its interrogatories" (slip op. at 1-2) (emphasis supplied) .

In light of these comments-and, in the case of Interrogatory 6-3(b),

in the context of the Board's discussion of Interrogatories 6-3(b) and 6-3(c) at pages 6 and 7 of its April 16 Order - Licensee believes the Board's April 16 Order should properly be read as compelling CEA's response to Interrogatories 6-2 and 6-3(b).

. . . footnote cont'd next page

-4_

e 5

cont'd footnote. . .

Licensee notes, however, that it may have confused the Board, in " Licensee's Motion To Compel CEA Answers To Licensee's Interroga-tories" (3/31/80), by. accepting CEA's reference to its 3/17/80

- response to-Interrogatory 6-2 as CEA's response to Interrogatory 6-3 proper (" Licensee's Motion" at 13) while rejecting CEA's 3/17/80 response to Interrogatory 6-2 as an answer to Interrogatory G (" Licensee's Motion" at 11).

May 12, 1980

~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN 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 Second Motion To Compel Discovery Of CEA" were served upon those persons on the attached Ser-rice List by deposit in the United States mail, postage prepaid, this 12th day of May, 1980.

/JAs.d

/$4V!/ -f

'g ~ Gp rge F. Trowbridge/

Dated: May 12, 1980 l

l l

l

UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING EOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear

)

Station, Unit No. 1) )

S,ERVICE LIST ~

Ivan W. Smith, Esquire John A. Levin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Comm'r Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General ,

Atomic Safety and Licensing 505 Executive House Board Panel Post Office Box 2357 881 West Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 John E. Minnich Dr. Linda W. Little Chairman, Dauphin County Board Atomic Safety and Licensing of Commissioners Board Panel Dauphin County Courthouse -

5000 Hermitage Drive Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania - 17101 James R. Tourtellotte, Esquire (4) Walter W. Cohen, Esquire Office of the Executive Legal Director Consumer Advocate U. S. Nuclear Regulatory Commission Office of Consumer Advocate Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section (21)

Office of the Secretary G. S. Nuclear Regulatory Commission Washington, D.C. 20555 9

-, , - - g , -.,,-~e,, , , , , - - . - .w -

Jordan D. Cunningham, Esquire Karin P. Sheldon, Esquire , )

Attorney for Newberry Township Attorney for People Against Nuclea' T.M.I. Steering Committee Energy 2320 North Second Street Sheldon, Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Adler, Esquire Widoff Peager Selkowitz & Adler Robert Q. Pollard Post Offire Box 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepford Attorney for the Union of Concerned Judith H. Johnsrud Scientists Environmental Coalition on Nuclea8 Sheldon, Harmon & Weiss Power 1725 Eye Street, N.W., Suite 506 ~ _1 _. 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 Steven C. Sholly Marvin I. Lewis 304 South Market Street 6504 Bradford Terrace Mechanicsburg, Pennsylvania 17055 Philadelphia, Pennsylvania 19149 Gail Bradford -

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Marjorie M. Aamodt Holly S. Keck R. D. 5 19320

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Legislation Chairman Coatesville, Pennsylvania l Anti-Nuclear Group Representing York

! 245 West Philadelphia Street York, Pennsylvania 17404 O