ML19327A597

Motion to Compel Licensee Responses to Intervenor 800707 Interrogatories.Responds to Licensee 800717 Objections Specifying Relevance to Contentions 5 & 7.Accident of June 27 Contemplated by ASLB 800505 Order.W/Certificate of Svc

ML19327A597
Person / Time
Site:	Three Mile Island
Issue date:	07/26/1980
From:	Widoff M THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	NRC COMMISSION (OCM)
Shared Package
ML19327A583	List: ML19327A582 ML19327A585 ML19327A587 ML19327A590 ML19327A593 ML19327A595 ML19327A597
References
ISSUANCES-SP, NUDOCS 8008060445
Download: ML19327A597 (4)

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UNITED STATES OF AMERICA 8:

NUCLEAR REGULATORY COMMISSION *% / s

.m BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h

/ / l Ipt In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Restart)

(Three Mile Island Nuclear )

Station, Unit No.1) )

TMIA'S MOTION TO COMPEL DISCOVERY OF LICENSEE u

On July 7,1980, TMIA submitted interrogatories to Licensee concerning the June 27,1980 accident at TMI-1. This accident resulted in a 10,000 gallon leak of contaminated water. Licensee cbjected on July 17, 1980, on the grounds that: (1) the interrogatories were incorrectly categorized as " follow-up" and (2) even if the interrogatories were based on "new information," they were

" irrelevant and overly broad" (Licensee's Objection, pg. 2) . Therefore, pursuant to the Board's Order of May 5,1980, TMIA new moves the Board for an Order compelling Licensee to respond to TMIA's interrogatories.

TMIA submitted these interrogatories pursuant to the Board's Order cf May 5,1980, because they are based on new information -- the June 27, 1980 accident. TMIA regre*s any confusion caused by its use cf " follow-up" in characterizing the interrcgatories.

TMIA's Contention 5 basically questions Licensee's ability to safely main-tain TMI-1. As the Board and Licensee know from analysing TMIA's responses 8008060 g f

i to Licensee's Interrogatories Installment 1 and 2, an area of concentration in proving this allegation is " deferred maintenance." Interrogatories 1 and 2 are simple straightforward questions designed to determine: (1) if and to what extent maintenance was responsible for the accident, and (2) if and to what extent deferred maintenance contributed to the accident. Therefore, these inter-rogatories are relevant and also necessary in confirming the evidence already discovered by TMIA.

Interrogatories 3 and 4 are relevant in that they were submitted in order to obtain admissible evidence in connection with Contention 7. Contention 7 que=tions the ability of Licensee to deal with accidents at Unit 1 given the present condition of Unit 2. Particularly, TMIA believes there is insufficient waste water storage space at TMI because of the TMI-2 accident. TMIA simply wants to know the effect of the accident on waste water storage capacity as well as the possible ramification had this accident occurred while TMI-1 was in operation.

The accident of June 27,1980, provides TMIA with the first opportunity to verify evidence already discovered. The accident cf June 27,1980, is "new information" as contemplated by the Board in its May 5,1980 Order.

1 Responses to these interrogatories are not only relevant but essential to TMIA in p senting a complete record on Contention 5 and 7. Therefore, TMIA requests that the Board compel Licensee answer TMIA's interrogatories.

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4 Respectfully submitted, WIDOFF, REAGER, SELKOWITZ & ADLER, P.C.

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B Ef N ' ,- O //

/ Mirk P. Widoff f

. O. Box 1547

' arrisburg, PA 17105 (717) 763-1383 Dated: July 26,1980 i

1 CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing document, TMIA's Motion To Compel Discovery Of Licensee, 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

' Washington, 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.

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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Mark P. Widoff / _

.I Dated: July 26,1980 J

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