ML19320D622

Motion for Reconsideration of ASLB 800625 Memorandum & Order Denying TMI Alert Motion to Compel Licensee Answers to Interrogatories.Info Is Necessary to Determine If Pipe Cracking Resulted from Deferred Maint.W/Certificate of Svc

ML19320D622
Person / Time
Site:	Three Mile Island
Issue date:	07/10/1980
From:	Adler T THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007220001
Download: ML19320D622 (5)

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S geS'Qs UNITED STATES OF AMERICA 3 N M '*'

NUCLEAR REGULATORY COMMISSION g $gg}g g f r; BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 03 e In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Three Mile Island Nuclear )

Station, Unit No.1) )

TMIA'S MOTION FOR RECONSIDERATION OF THE BOARD'S " MEMORANDUM AND ORDER ON TMIA'S MOTION FOR ORDER TO COMPEL DISCOVERY OF LICENSEE" DATED JUNE 25, 1980 The Board denied EtIA's Motion To Compel Discovery on June 25, 1980, ..

because "TMIA has failed to support its motion with argument and a demonstration of relevancy" (slip op. p. 6) . The Board also stated that "n!IA declined to accept the Board's invitation to discuss the relevancy of its interrogatories . . ." (slip w.

op . p . 5) .

TMIA assumes that by " invitation" the Board is referring to its Order of /

June 6,1980, which stated:

(a)ny response should address the question of timeliness cf TMIA's actions, and, if relevant, an explanation of why counsel for TMIA did not seek an extention of time from the 3 card.

(slip op. p.1, emphasis added.)

TMIA interpreted the above quote to mean that TMIA was to address the " timeliness" issue only. It is because of this misunderstanding that TMIA requests that the Board reconsider TMIA's Motion To Compel, in light of the following discussion.

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! The Board's Order of June 25, 1980, while admitting that "(w)ith some imagination, speculation and conjecture, we can envision how the line of question-ing and the follow-on interrogatories could lead to the discovery of admissible avidence" (slip op, p. 5), criticizes TMIA for "failing to explain clearly the direction of its inquiry" (slip op. p. 5,' footnote 3) .

. Ms. Gee's deposition (pp. 8-10) revealed that a very serious problem existed in the barated water system before the accident (Gee Deposition, p. 9),

that the Licensee had expended much time and money to determine the cause of the problem and that "they could not determine what was causing the cracking" (Gee Deposition, p. 9) . Also, TMIA does not know if or when corrective mainte-nance will be performed.

TMIA's interrogatories are relevant in two ways. First, TMIA's Contention "

5 alleges a pattern of maintenance practices whereby the Licensee deferred neces-sary maintenance and repair to the detriment of the integrity of the nuclear facility.

TMIA's follow-up interrogatories are designed to determine if the cracking of pipes in the boratoe water system resulted from deferred maintenance. Secendly, TMIA needs the requested information to determine whether the correction of this crack-ing problem will affect the Licensee's ability to provide adequate maintenance and repair with the available manpower and monetary resources.

Licensee's objection of irrelevrecy is based upon its allegation that TMIA's interrogatories refer to " post TMI-2 accident matters" (Licensee's Objection cf May 15,1980, p. 2) . Ms. Gee's deposition revealed that the cracking problem i

l was identified "before the accident" (Gee Deposition, p. 9) .

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Admittedly, Ms . Gee had a "n' tecnnical" position in the Quality Control Department (slip op. p. Si , That is all tha more reason to compel answers from Licensee, to determine if Ms. Gee allegations are correct.

TMIA's Interrogatories 6 through 10 are based on Ms. Gee's identification of Terry Mackey as being a key persce in the investigation of the cracking prob-lem. These interrogatories were submitted to determine Mr. Mackey's involvement with the cracking problem.

Once again, these interrogatoiies are relevant to TMIA's maintenance contention. TMIA believes that the QC Department impacts significantly on the Maintenance Department's ability to promptly attend to maintenance matters. In many instances, either necessary maintenance cannot be performed until QC evaluates the problem or the component cannot be returned to service until QC has inspected the completed work. Therefore, any questions concerning the number or deployment of Licensee's person .al as well as any questions concern-ing subsequent QC reorganization are relt. tant to TMIA's deferred maintenance contention.

The discovery process is essential in ecliecting evidence for the hearing.

The courts have recognized this by providing for very liberal standards cf dis-covery. See Miller v. Doctor's General Hospital, D.C. Okl. 1977, 76 F .R.D. ,

136. TMIA believes that it has clearly shown that its follo y-up interrogatories are " reasonably calculated to lead to the discovery of admissable evidence" (FR 2.740(B) (1)) . Therefore, TMIA requests that the Board reconsider its Order cf -

June 25,1980, and compel Licensee to respond to TMIA's follow-up interrogatories.

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Respectfully .S-bmitted, WIDOFF, REAGil, SELKOWITZ & ADLER, P.C.

By:

Theodore A. Adler

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P. O. Box 1547 Harrisburg, PA 17105-(717) 763-1383 Dated: July 10,1980 4

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing document, TMIA's Motion For Reconsideration Of The Board's " Memorandum And Order On TMIA's Motion For Order To Compel Discovery Of Licensee" Dated June 25,1980, to be placed in the United States mail, first-class, postage prepaid, addressed to the persons listed below:

Ivan W. Smith, Chairman Atomic Safety & Licensing Board Panel U .S. Nuclear Regulatory Commission Washir.; ton, DC 20555 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 Dr. Linda W. Little ..

5000 Hermitage Drive Raleigh, NC 27612 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W. m Washington, DC 20006 Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, DC 20555 Executive Legal Director U.S . Nuclear Regulatory Commission Washington, DC 20555

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/' Theodore A. Adler Dated: July 10,1980

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