ML19330A278
| ML19330A278 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/20/1971 |
| From: | Cherry M MCDERMOTT, WILL & EMERY, Saginaw Intervenor, Sierra Club |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19330A276 | List: |
| References | |
| NUDOCS 8007151079 | |
| Download: ML19330A278 (3) | |
Text
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2 MAY 241971 * ~-
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UITITED STATES OF AMERICA res:ic rncami ATOMIC EUERGY C07:ilSSIO?T 4
Co to In the Matter of COI!ZIEIERS POWER CO?fPANY Docket I:ca. 50-309 50-330 Midland Plant Units 1 and 2 MOTION Saginau Valley nuclear Study Group, Citizens Com-mittee for the Environmental Protection of Michigan, Sierra Club, United Auto Workers of America, Trout Unlimited, West Michigan Environmental Action Council, Inc., and Environ-cental Law Society of the University of Michigan Law Students, j
by their attorney, and pursuant to the Rulcs of Practice of the Atomic Energy Commission and particularly sections 2.720 and 2 740 thereof, move the Atomic Safety and Licensing Board for the entry of an Order permitting the taking of certain depositions and the issuance of certain su'opoenas, and for an Order preventing the Regulatory Staff from participating any further in these proceedings until the AEC and ACRS respond to dincovery, all as set forth below.
A.
That the deposition, upon oral interrogator. ion, of Harold Bosscher and John Pangborn, caployecn of' Dow Chemical Co!.'pany, a party hereto, w'.10 reside in or near 80071510 N
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!hdL".nd,!'ichican, ce taken by counnel for Intervonorn uakinr; thin application, within a renconabic period of time not to execcet three wcoks from the date hereof, in !*idlancl, Michil;an,
or any other location and at a cpecific time ncrced upon by the partics and approved by the ASLB; l
D.
That the deposition, upon oral interrogatoricc, of Howard Fonn and Jack Quinn, employees of Dou Corning Com-pany, who reside in or near Midland, Michigan, be taken by l
councol for Intervenors making this application, within a i
i reasonabic period of time not to exceed three necks from the l
date hercof, in Midland, Michigan, or any other location and at a apccific time agreed upon by the partiec and approved j
by the ASLB, and that appropriate subpoenas issue in support thereof; C.
That the depocition, upon oral interrogatorica, of Dan Meyer, a staff member of the State of Michigan Air Pollution Control Commicsion of the Department of Health, uho resides at 323 Parkwect Court, Lansing, Michigan, be taken L
by counsc1 for Intervenors making this application, within a I
l reasonable period of time not to exceed three uceks from the date hereof, in Lansing, Michigan, or any other location and at a apccific timo agreed upon by the parties and approved by I
the ASL3,-and that an appropriate subpoenn 1.<suc $n cunport thereof; 4 -
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D.
That the Regulatory Staff nc,L be permitted to participato in thic proceeding, until nuch time an the AEC and ACRS recpond to discovery; and E.
That the Board order that there will be no hearing until the discovery process is completed.
In support of this motion, in c::planation thereof, and t'.demonstrato good cause therefor, Intervonors attach i
o the affidavit of Myron M. Cherry.
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l Myro171. Cherry, attorn forinamed Intervenors Dated:
May 20, 1971.
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n UIIITED OTATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of Docket Non. 50-329 CONSUMERS PO!TER COMPANY 50-330 Midland Plant Unita 1 and 2 STATE OF ILLIn0IS
.SS.
COUllTY OF COOK AFFIDAVIT IN SUPPORT OF MOTION TO TAKE DEPOSITIONS AND REQUIRE AEC AND ACRS TO RESPOND TO DISCOVERY 1.
My name is Myron Cherry and.I am the attorney for the Intervenors making the aforesaid Motion.
2.
Attached herrato as Exhibit A is a proposed form of Notice of Deposition trith respect to Harold Bosscher and John Pangborn, both of whom are employees of Dow Chemical
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Company, a party to this proceeding.
Since Dou Chemical is a party to this proceeding, subpcenas are not necessary to require their attendance at a deposition, and the Board merely has to order Dow Chemical to respond.
3 Attached hereto as Exhibit B is a form of Hotice of Deposition with respect,to Jack Quinn and Howard Fenn,
who arc employces of Dow Corning Company.
Since Dow Corn.1ng Company is not a party to this proceeding, the attendanco of 7 nn, if they do not appear voluntarily, Mossrs. Quinn and 7
must be required by a subpoena.
Accordingly, attached hereto as F_v.hibit C and Exhibit D are forms of Subpcena requiring i
the testimony of Messrs. Quinn and Fonn.
4.
Attached hereto as Exhibit E is a form of Notice of Deposition with respect to Dan Meyer.
Mr. Meyer is an employee of the Department of Health of the State of Michigan and accordingly his settendance at a deposition, if he does not appear voluntarily, must be required by a subpoena.
Attached hereto as Exhibit F is a form of Subpoena requiring the testimony of Mr. Meyer.
5 Good cause for the taking of the depositions of Messrs. Pangborn, Quinn and Meyer is as follows:
(a)
Intervenors have raised as an issue in'this proceeding the interaction with radiation of chemical offluents emitted from Dow Chemical and Dow Corning facilities.
(b)
The Board sustained objections by Dow Chemical Company to interrogatories addressed to it, which interrogatory answers.would have provided information necessary for Inter-venors to pursue this issue.
(c)
The Board in sustaining the objections by Dow Chemical suggested to Intervenors that they first determino
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what chemicals interact adversely with radiat;1on and then perhaps Ocw Chamical would be ordered to respond.
(d)
Representatives of Intervonors have been attenpting through research methods and otherwise to prepare a list of chemicals uhich interact with radiation.
This' proccan is very difficult inasmuch as a uhole range of chemicals may or may not interact adversely with radiation, and accordingly it is necessary, in the preparation of this issue for Intervenors' case, to know more about the exact atmospheric conditions into which Dow Chemical facilitics release chemical effluents and other pollutants and to know the names of such chemical effluents and other pollutants.
(e)
Additionally, representatives of Intervenors surveyed information filed by Dow Chemical and Dow Corning
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with the Air Pollution Control Commission of the Department of Health of the State of Michigan.
Intervenors hoped that by this process they would be able to find much, or a great portion, of the information which is necessary to the prepa-ration of their case on this issue.
(f)
The information availabic for review at the Air Pollution Control Commission did not provide Intervenors with any of the information they need, inasmuch as the Air Pollution Control Commission treats the information needed as proprietary or confidential and vill not release the informa-tion without a subpoena.
The information which was availabic
and which we worc permitted to see nas incomplete and incuf-ficient to give un either the character or quantity of the chouicals and pollutants emitted by Dow Chemical and Dou
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Corning.
(c)
We have reason to belicyc that John Pane, born and Jack Quinn, respectively emp1sycca of Dow Chemical and Dow Corning, have information concerning the character and quantity of pollutants, as well as specific atmospheric in-i formation, in their possession and c.ntrol and this informa-tion cannot be secured by Intervenors without examining Messrs. Pangborn and Quinn.
(h)
Mr. Meyer is an employee of the Air Pollution Control Commission of the Department of Health of the State of Michigan and is the staff member of that Commission responsibic for the geographic area in which Dow Chemical and Dow Corning are locatr d.
The information at the Air Pollution Control Commission, which is critical to the preparation of Intervenors' case on this issue, will not, we have been told, be produced without the issuance of a subpoena.
Accordingly, a deposition of Mr. Meyer is required in order to provide Intervenors with information which they need for the preparation of their case.
(1)
Based upon Intervenors' research and review, they believe that the information they need is unavailabic to them without these depositions, and the failure of Intervonors to secure such information will severely prejudice Intervenors
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,in the preparation of their case.
t 6.
Good cause for the taking of the deposition of
' Messrs. Harold Dosscher and Howard Penn is as follows:
(a)
Messrs. Bosscher and Fenn are respectively General Managers of the Midland facilitics of Dow Chemical and Dow Corning.
They would possess, or have access to, information regarding the use and production of acetylene gas at the Midland facilities of Dow Chemical and Dow Corning.
This information is critical to the preparation of 2nter-venors' case in conntetion with the issue of iodine removal and the effectiveness of the Iodine Removal Spray System in the event of a maximum hypothetical accident (MHA) or a loss of coolant accident (LOCA).
(b)
In the event of an MHA'or a LOCA, various forms of iodine are produced, including methyl iodine.
Methyl icGine-a form of iodine not quickly removed by the proposed Iodine Removal Spray System, is a substantial source of radiation and, if uncontrolled, would result in signifi-cant doses of radiation to persons at or near the site bound-ary in the. event of the aforementioned accidents.
(c)
Methyl iodine is formed in various ways dur-ing and after an IEM or a LOCA.
If iodine is in the atmos-phere, as it is during an MHA or a LOCA, it 1,till interact uith acetylene gas, which we arc informed is one of the e
effluents emitted by Dou Chemical and Dow Corning, and pro-duce mothyl iodino.
(d)
It is critical to the preparation of Inter-venors' case on this issue to know the amount of acetylonc gas which is or could be present in the atuosphere under normal or accident conditions and the manner in which acety-lonc gas can be removed or its sources shut down.
Without this information, Intervenors will be prejudiced in the prop-aration of their case and will be hampered in their pursuit of a determination whether the Applicant and the Regulatory Staff have been correct in their analysis of the effective-ness of the Iodine Removal Spray System, as well as in their
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assumptions of how and in what amounts methyl iodine would be produced in a LOCA or an MHA.
(e)
The information sought by the taking of the depositions of Messrs. Bosscher and Fenn is unavailable to Intervenors from any other source, to the best of their present knowledge.
7.
If the Board desires that the information sought by these depositions be adduced at the hearing by way of testimony, Intervenors vould be agreeable to that but would point out to the Board that the process of securing informa-tion in a deposition is.far easier and leads to far less delay than securing the same information by the more formal n
methodo required at a hearing.
Morcover, this information ic nore appropriately the cubject of diccovery and chould he adduced durinn the pre-hearing procosc no that Intervencrc uill have a reasonabic period of time to evaluate the infor-
- mation, 8.
Pending before thic Board ic the entiro incue of whether the AEC and ACES must respond to any diccovery.
The ACRS has not filed any objection and the AEC hac filed eccen-tially a general objection which, however, does not focus attention upon the real issues herein.
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9 This Board Branted Intervenors the right to file interrogatories and Intervenors have relied to cubstantial degree upon being able to prepare their case with and from information secured through discovery.
10 If the AEC and ACRS are not required to respond to discovery, Intervenors' preparation will be severely prejudiced.
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Subscribed and suorn to before me,this 2]th day f May, 971.
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- 00CKET NUiMER PROD. & UTIL, fE MUAN l
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ATOMIC E!!ERGY COMMISSIGH In the Matter of COUSUMERS PO'<IER COMPAUY Docket Hoc. 50-329 50-330 Midland Plant Units 1 and 2 NOTICE OF DEPOSITION Please take notice that the deposition upon oral interrogatories of Messrs. Harold Bosscher and John Pangborn shall take place before the Atomic Safety and Licensing Board (or a duly commissioned notary public) beginning on day of
, 1971, in Midland, Michigan, and continue beginning with Mr. Bosscher from day to day until completed.
The deponents are required to bring with them, for purposes of examination, all books, records, charts, graphs or documents of any kind which concern or bear upon:
a) the source, nature, character, amount and effect of chemical and m
O other effluents released by Dow DOCKEsi3
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ELEC Chemical's Midland facilities over
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MAY P.41971 *
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c the preceding five years;
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atmosphere or environment into y
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m which nuch chemicals or other offluents are released; c) the source, use and/or prodtiction
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of acetylene gas at Dou Chemical's Midland facilities and its tendency to interact and produce methy-lodine; and d) the interaction or effect of such interaction, if any, with each such chemical or effluent a:id radiation.
Arthur W. Murphy Chairman, Atomic Safety and Licensing Board l
l l EXHIBIT A
cou;ET TECER PROD. & UTIL. FAC. D NNL UNITED STATES OF M4 ERICA ATOMIC EHERGY COIO4ISSION In the Matter of CONSUMER 0 POWER COMPANY Docket Hon.' 50-329 50-330 Midland Plant Units 1 and 2 NOTICE OF DEPOSITION Please take notice that the deposition upon oral interrogatories of Messrs. Jack Quinn and Howard Fenn shall take place before the Atomic Safety and Licensing Board (or a duly commissioned notary public) beginning on day of
, 1971, in Midland, Michigan, and continue beginning with Mr. Quinn from day to day until completed.
i The deponents are required to bring with them, for purposes of e:camination, all books, records,. charts, graphs or documents of any kind which oncern or bear upon:
a) the source, nature, character, co o>
amount and effect of :aemical and D
,,3 other effluents released.by Dow g
M Corning's Midland facilities over 2
MAY 241971 * ~-
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the preceding five years;
- w trWins b) the character and variables of the y
Co ro atmosphere or environment into EXHIBIT B
y which such chemicals or other effluents are released; c) the source, use and/or production of acetylene gas at Dow Corning's Midland facilities and its tendency to interact and produce methy-icdine; and d) the interaction or e'ffect of such interaction, if any, with each such chemical or effluent and radiation.
The attendance of Messrs. Quinn and Fenn shall he required by subpoena.
4 Arthur W. Murphy Chairman, Atomic Safety and Licensing Board 4
. EXHIBIT B
O DOCKET NUMBER PROD. & UTIL. fAC. 50-M UIIITED GTATES OF AMERICA AT01.IC EIIERGY C0!SIISSIOI!
In the Matter of COUGUMERS FO* DER C01.:PAITY Docket Mos.'50-329 50-330
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Midland Plant Units 1 and 2 SUBPOE:iA TO REQUIRE TESTIMOUY AUD THE PRODUCTION OF EVIDENCE TO:
Jack Quinn Dow Corning Company Midland, Michigan You are commanded by the authority of the United States of America, Atomic Energy Commission, to appear and give testimony and produce certain documentary information all on behalf of Intervenors in AEC Docket Hos. 50-329 and 50-330 whose counsel shall take your deposition upon oral interrogatories at Midland, Michigan, on the
. day of
, 1971.
You are commanded to bring with you all books, records, charts, graphs or documents of any kind,
which concern or bear upon:
a) the source, nature, character, o>
amount and effect of chemical and y
9 other effluents release.d by Dow
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twa
-11 Corning's Midland facilitics over t
pf,Y241971 m, g-TjEr'$8/l'n'*y the preceding five years;
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u EXHIBIT C
m b) the charactor end variables of the attaosphere or environment into which such chemicals or other i
effluents are released; and o
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c) the interaction or effect of such
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interaction, if,a'ly, with each such chemical or effluent and radiation.
On motion mado promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonabic or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonabic terms.
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Arthur Il. iiurphy Chairman, Atomic Safety and Licensing Board
' EXIIIBIT C
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ul!ITED UTATEU OF N.;!:RICA ATOMIC Ci!UtCV CorI:Iti:iION
.1n the Matter of CO::SUMEilS POU'G C0:.:PAITY Docket Hos. 50-329 Midland Plant Unite 1 and 2 SUBPOITA TO REQUIRH TESTIMOHY A !D THE PRODUCTIO:? 0F EVIDEHCE TO:
Howard Fenn Dow Corning Company Midland, Michigan You are commanded by the authority of the United State of America, Atomic Energy Commission, to appear and Sive testimony and produce certain documentary information all on behalf of Intervenors in AEC Iiocket Nos. 50-329 and 50-330 whose counsel shall take your deposition upon oral interrogatories at Midland, Michigan, on the day of
, 1971.
You are commanded to brin 6 with you all books, records, charts, graphs or documents of any kind which concern or bear upon:
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a) the source, use and/or production s
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g n,.,.JD of acteylene gas at Dow Corning KR I'
Midland facilities and its tendency MAY M 1971
- y to interact and produce methyl iodine.
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On motion made promptly, and in any event at or
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'cfore the time specified in the cubpoena for compliance by the pc'rcon to uhom the subpoena is directed, and on EXHIBIT D
s notice to t.ho*pa.rty at uhose inctance the cubpoena was issued, the presiding officer or, if he is unavai'lable, the Comminnion may (1) quash or modify the subpocnd if it in unrcanonabic or requirec., evidence not relevant to any matter in issue, or
-(2) condition denial of the motion on just and reasonable terms.
i Arthur il. Murphy Chairman, Atomic Safety and Licensing Board e
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2-EXHIBIT D
DOCKET UU.',:3ER ERDD. & DDL, FE M4A9,MO UIIITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of CONSUMERS PO:ER COMPANY Docket I!os. 50-329 50-330 Midland Flant Units 1 and 2 NOTICE OF DEPOSITION Please take notice that the deposition upon oral interrogatories of Mr. Dan Meyer shall take place before the Atomic Safety and Licensing Board (or a duly commissioned notary public) beginning on day of
, 1971, in Midland, Michigan, and continue from day to day until completed.
The deponent is required to bring with him, for purposes of examination, all books, rdcords, charts, graphs or documents of any kind which concern or bear upon:
a) the source, nature, character, amount and effect of chemical and O
GhsETEQ other effluents released by Dow
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2 MAY 241971, ;
Chemical and Dow Corning's Midland S-
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facilities over the preceding five W
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years; 4
m b) the character and variables of the atmosphere or environment into EXHIBIT E
n which such. chemicals or other effluents are released; I
c) the source, use and/or production of acetylene gas at Dow Che,mical and Dow Corning's Midland facilities and their tendency to interact and 4
produce methy-iodine; and d) the interaction or effect of such interaction, if any, with each such chemical or' effluent and radiation.
The attendance of Mr. Meycr shall be required by subpoena.
Arthur W. Murphy Chairman, Atomic Safety and Licensing Board e
I EXIIIBIT R
eccxtr rm,l.BER
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PROD. & UTIL, FAC. YO M.N k
UNI"'ED L'ATES OF N. ERICA ATOI'IC Ei!ERGY C0:31IGGIO!!
e In the Mutter of CO:!SUMERS P01BR COMPAITY Docket Nos.'50-329 50-330 Midland Plant Units 1 and 2 SUDPOE!!A TO REQUIRE TESTIM 0!IY AND T!E PRODUCTIOU OF EVIDINCE TO:
Dan Meyer 323 Parkwest Court Lansing, Michigan You are commande.d by the authority of the United l
States of America, Atomic Energy Commission, to appear and Give testimony and produce certain documentary information t
all on behalf of Intervenors in AEC Docket Nos. 50-329 and 50-330 whose counsel shall take your deposition upon oral interrogatories at Midland, Michigan, on the day of 1971.
You are commanded to bring with you all books, records, charts, graphs or documents of any kind which concern or bear upon:
a) the source, nature, character, amount and effect of chemical and S
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other effluents released,by Dow c
- t.,j : J E I E D Chemical and Dow Corning's Midland S
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facilities over. he preceding five MAY ? d 1971 y
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75" O. 8 7p years; "is,
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N EXHIBIT F
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b) the character and variables of the atmosphere or environment into which such chemicals or other effluents are released; c) the source, use and/or production of acetylene gas at Dow Chemical and Don Corning's Midland fac111tice and their tendency to interact and produce methyl iodine; and d) the interaction or effect of such interaction, if any, with each such chemical or effluent and radiation.
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the pre-siding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
Arthur W. Murphy Chairman, Atomic Safety and Licensing Board EXHIBIT F
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