ML19339C720
| ML19339C720 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/17/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011190185 | |
| Download: ML19339C720 (4) | |
Text
11/17/80 m
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NUCLEAR REGULATORY COMMISSION 2
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$n" BEFORE THE ATOMIC SAFETY AND LICENSING BOARD hh
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x HOUSTON LIGHTING AND POWER COMPANY,
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Docket Nos. 50-498*
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50-499
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(South Texas Project, Units 1 and 2)
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NRC STAFF RESPONSE TO CCAMP " REQUESTS FOR INFORMATION" AND MOTION FOR ADDITIONAL TIME I.
INTRODUCTION Representatives of Citizens Concerned About Nuclear Power (CCANP) have filed two " Request [s] for Information" from the Staff in this proceeding.
For the reasons set forth below, the NRC Staff is requesting to and including December 8,1980, within which to further respond to the requests for information.
II.
DISCUSSION CCANP has requested the following 'information" from the Staff:
1.
"* *
- the names of those inspectors who supplied information about harassment at the South Texas Nuclear Project and the names of those employees who harassed and intimidated them." I S"[CCANP] Request About Information From NRC Staff' filed by Ms. Barbara A.
Hiller on October 28, 1980 and " Request for Information From The Nuclear Regulatory Commission Staff" filed by Ms. Kim Eastman on October 24, 1980 (postmarkedNovember1,1980).
N equest filed by Ms. Miller.
See fn. 1, supra. Although the request does R
not so specify, the Staff assumes the words " inspection" and " employees" refer to persons in the employ of Applicant and/or Brown and Root.
8011190/75 g
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2.
"* *
- a copy of the closed door statement made by Victor Stello following the NRC investigation which led to the Show Cause Order;"
and "* *
- items identified by NRC investigators in this investi-gation which were not included in the Show Cause Order."_3_f The Atomic Safety and Licensing Appeal Board's relatively recent decision in Pennsylvania Power & Light Company et al. (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613,12 NRC (September 23, 1930), summarizes, at pp. 7-8 of the slip opinion, the relevant provisions of the Commission's regu-lations as they relate to formal discovery requests directed to the Staff.
Since the " requests for information" were filed by lay representatives of CCANP, the Staff sets forth below the verbatim discussion by the Appeal Board in Susquehanna regarding discovery requests directed to the Staff:
Discovery against the staff is on a different footing.
With limited exceptions, Commission regulations make staff documents that are relevant to licensing pro-ceedings routinely available in the NRC Public Document Room.
10 C.F.R. 52.790(a). The contemplation is that these "should reasonably disclose the basis for the staff's position,",8_/ thereby reducing any need for for-mal discovery. Reflective of that policy, the Rules of Pnctice limit documentary discovery against the rtaff to items not reasonably obtainable from other sources,10 C.F.R. 52.744; require a showing of
" exceptional circumstances" to depose staff personnel, 10 C.F.R. 552.720(h) and 2.740a(j); and allow inter-rogatories addressed to the staff only "where the infor-mation is necessary to a proper decision in the case and not obtainable elsewhere." 9/ See 10 C.F.R. 52.720(h)(2)(ii).
In addition 7the licensing board's advance permission is needed to iepose staff members or to require the staff to answer written interrogatories.
Ibid.
[Emphasisadded.]
8] NRC " Statement of General Policy and Procedure:
Conduct of Proceedings for the Issuance of Con-struction Permits and Operating Licenses * * *,"
10 C.F.R. Part 2, App. A, SIV(d).
9f ibi_d_.
d S equest filed by Ms. East R
n.
See fn. 1, supra.
I
t o CCANP has not attempted in its two filings to comply with the relevant pro-visions of 10 C.F.R. Part 2, summarized above by the Appeal Board in Susquehanna, as regards discovery requests directed to the Staff.S However, Staff counsel will fomard the requests to the Executive Director for Operations, as if properly filed under 10 C.F.R. 62.720, and ask him for a reply. Accordingly, the Staff will not be in a position to respond to the subject requests until December 8, 1980. The Staff requires this time to process these requests in accord with 10 C.F.R. 52.720, and properly respond to them.
III.
CONCLUSION CCANP's " requests for infomation" detailed above do not comply with the provisions of 10 C.F.R. Part 2 as regards fomal discovery requests directed to the Staff.
However, Staff counsel will forward the requests for information to the Executive Director for Operations as if the request has been made under 10 C.F.R. 62.720.
The Staff requests to and including December 8, 1980, within which to substantively respond to the requests in question.
Respectfully submitted, N
Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland, this 17th day of November, 1980.
3 aff counsel has for the convenience of Ms. fiiller and Ms. Eastman fomarded, Stwith their copies of this Staff filing, a copy of 10 C.F.R. Part 2.
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING AND POWER COMPANY, )
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50-499
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(South Texas Project, Units 1 and 2 )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CCANo ' REQUESTS FOR INFORMATION' AND MOTION FOR ADDITIONAL TIME" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 17th day of November, 1980:
Charles Bechhoefer, Esq., Chairman
- Richard W, Lowerre, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Panel Environmental Protection Division U.S. Nuclear Regulatory Commission P. O. Box 12548, Capitol Station Washington, DC 20555 Austin, TX 78711 Dr. James C. Lamb, III Jack R. Newman, Esq.
313 Woodhaven Road Lowenstein, Newman, Reis, Chapel Hill, NC 27514 Axelrad & Toll 1025 Connecticut Avenue, N.W.
Dr. Emmeth A. Luebke*
Washington, DC 20036 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel
- Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Melbert Schwarz, Jr., Esq.
Baker and Botts Atomic Safety and Licensing Appeal One Shell Plaza Panel (5)*
Houston, TX 77002 U.S. Nuclear Regulatory Commission Washington, DC 20555 Pat Coy Citizens Concerned About Nuclear Docketing and Service Section (7)*
Power Office of the Secretary 5106 Casa Oro U.S. Nuclear Regulatory Commission San Antonio, TX 78233 washington, DC 20555 Mrs. Peggy Buchorn Executive Director
- 2 Citizens for Equitable Utilities, Inc.
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Route 1, Box 1684 BernardM.Bordenibk Brazoria, TX 77422 Counsel for NRC Staff Kim Eastman, Co-coordinator Darbara A. Miller l
Citizens Concerned About Huclear Power 5106 Casa Oro San Antonio, TX 78233 l
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