ML19322E752

Response in Opposition to Sc Sholly Interrogatories 5,6,18, 22 & 29-34 of Third Set of Interrogatories Re Contention 16. Questions Bear on Security Planning But Do Not Relate to Alleged Threat Posed by Unit 2.Certificate of Svc Encl

ML19322E752
Person / Time
Site:	Three Mile Island
Issue date:	02/28/1980
From:	Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8004020202
Download: ML19322E752 (7)

Text

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February 28, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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) )

LICENSEE'S OBJECTIONS TO INTERROGATORIES OF STEVEN C. SHOLLY TO LICENSEE (THIRD SET)

At the prehearing conference on February 13, 1980, Licensee was served by hand with Mr. Sholly's Third Set of interrogatories all of which relate to his Contention 16. For the reasons set forth below, Licensee objects to Interrogatory Nos. 5, 6, 18, 22, and 29-34.

The scope of Sholly Contention 16 as admitted by the Board on January 11 and clarified by Board Order of January 25, 1980, " includes activities in connection with the decontamination and restoration of Unit 2 allegedly posing an internal threat to safe operation of Unit 1" (ASLB Order of January 25, 1980,

p. 20). The contention is viewed as encompassing an alleged 4

internal security threat to Unit 1 from personnel associated with decontamination and restoration of Unit 2, regardless of whether those personnel were located in Unit 2 or Unit 1, but the contention does not cover the broad issue of Unit 1 internal security generally. Licensee already has objected to certain 8004020 Ec ?-- I l

of Mr. Sholly's interrogatories from his Recond Set and now objects to certain of the interrogatories in the instant Third Set where the interrogatory goes beyond rhe scope of his admitted Contention 16 and seeks information generally bearing on security planning at Three Mile Island but not related to the alleged peculiar threat posed to Unit l's internal security by Unit 2 activities and personnel. We address below each of the objectionable interrogatories.

Interrogatory Nos. 5 and 6 These interrogatories seek information on whether Licensee has ever terminated a security contract between it and a private contractor, and, if so, the circumstances surrounding each such termination. Licensee w:.ll address in :.t2 responses to these interrogatories terminations since the accident at Unit 2. To the extent terminations may have occurred well prior to the accident and the interrogatory seeks information on such terminations, Licensee objects.

Interrocatory No. 18 This interrogatory seeks identification of all the Type 1 vital areas at TMI-1. Licens e regards this information as generally bearing on Unit 1 security but unrelated to the alleged threat posed to Unit l's internal security by Unit 2 activAties or personnel, and thus objects.

. o Interrogatory No. 22 This interrogatory, which in actuality is a document request, seeks copies of all reports received by Licensee advising it of the results of NRC security inspections since January 1, 1979.

Licensee is reviewing its records for such documents. Assuming such documents exist which relate to Contention 16, Licensee will provide them to Mr. Sholly's counsel but objects to doing so absent counsel's execution of a suitable non-disclosure agreement since such inspection reports are treated as proprietary documents not subject to disclosure to the public under Section 2.790 of the Commission's Rules.

Interrogatory No. 29 This interrogatory seeks general information on Licensee's background checks of potential employees and does not relate to security issues at Unit 1 posed by Unit 2 activities. Therefore, Licensee objects.

Interro Tatory Nos . 30 and 31 These interrogatories Teek the same information sought in part by Interrogatory No. 16 -90 3 o f Mr . Sholly's Second Set, i.e.,

information regarding background checks performed on security personnel.

I Licensee again objects to the request as seeking information generally related to TMI security but unfocused as to Contention 16.

Interrogatory Nos. 32 and 33 These interrogatories seek information on Licensee's security forces at non-nuclear plants. Such information is totally

\

., _4-unrelated to Contention 16 and Licensee therefore objects.

Interrogatory No. 34.

This interrogatory seeks to learn whether Licensee has an " internal security plan" and, if so, whether it will be made available to Mr. Sholly's counsez. Licensee has security plans which are treated as proprietary. Licensee objects to providing such plans to counsel for Mr. Sholly except as to those elements which are directly relevant to contention 16, if any, and then only under a suitable non-disclosure agreement.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By [ - "

Ernest L. Blake, Jr.

Counsel for Licensee Dated: February 28, 1980.

4 o

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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) )

i CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's objections to Interrogatories o f Steven C. Sholly to Licensee (Third Set) "

were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 28th

-day of February, 1980.

Yh.

Ernest L. Blake, Jr.

Dated: February 28, 1980.

i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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) )

SERVICE LIST Ivan W. Smith, Esquire John A. Gevin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Comm.

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 101 Soutn Second Street 881 West Outer Ridge Harrisburg, Pennsylvania ,17120 Oak Ridge, Tennessee 37839

. John E. Minnich Dr. Little 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 Walter W. Cohen, Esquire Office of the Executive Legal Consumer Advocate Director Office of Consumer Advocate U.S. Nuclear Regulatory Commission 14th Floor, Strawberry Square Washington, D. C. 20555 Harrisburg, Pennsylvania 17127 Docketing and Service Section Jordan D. Cunningham, Esquire Office of the Secretary Attorney for Newberry Township U.S. Nuclear Regulatory Commission T.M.I. Steering Committee Washington, D. C. 20555 2320 North Second Street Harrisburg, Pennsylvania 17110 Theodore A. Adler, Esquire Widoff Reager Selkowitz & Adler Ellyn R. Weiss, Esquire Post Office Box 1547 Attorney for the Union of Concerned Harrisburg, Pennsylvania 17105 Scientists Sheldon, Harmon & Weiss j , 1725 Eye Street, N. W., Suite 506 Washington, D. C. 20006 L 4

Steven C. Sholly 304 South Market Street  ;

Mechanicsburg, Pennsylvania 17055 Gail Bradford Holly 1. Keck Legis: Av. ion Chairman Antd-Nuclear Group Representir.g Yoik 245 West Philadelphia Street York, Pennsylvania 17404 Karin P. Sheldon, Esquire Attorney for People Against

, Nuclear Energy Sheldon, Harmon & Weiss 1725 Eye Street, N. W., Suite 506 Washington, D.C. 20006 Robert Q. Pollard Chesapeaka Energy Alliance 609 Montpelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Marvin I. Lewis 6504 Bra /f ford Terrace Philadelphia, Pennsylvania 19149 Majorie M. Aamodt R. D. 5 Coatesville, Pennsylvania 19320 t

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