ML19345H355
| ML19345H355 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 05/19/1981 |
| From: | Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SC, NUDOCS 8105200188 | |
| Download: ML19345H355 (6) | |
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n-c mg Ui4ITED STATES OF AMERICA N
9 NUCLEAR REGULATORY C0ftMISS10ft 20
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BEFORE THE ATOMIC SAFETY AND LICENSIl4G BOARD
=P ga 5S In the Matter of
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GEfiERAL ELECTRIC CO.
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Docket ilo. 50-70 (Vallecitos Nuclear Center -
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(Show Cause)
General Electric Test Reactor,
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Operating License No. TR-1)
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NRC STAFF OBJECTIONS TO IliTERVEliORS' PROPOSED EXHIBIT LIST The Stipulation dated May 7,1981, executed by the parties to this pro-ceeding and approved by the Board in its Order dated May 14, 1981, contained, inter alia, a schedule providing for the parties to submit by May 12, 1981 a list of proposed exhibits intended to be offered into evidence and by May 19, 1981 any objections to proposed exhibits.
Pursuant to this Stipulation, the Staff is hereby entering its objections to certain of the docunents which appear on Intervenors' list of proposed exhibits dated May 12,1981.M For the reasons stated below, the Staff objects to the admission of Intervenors' proposed Exhibits 2 (other than the referenced reports included in the Staff's SE), 3 (other than the SE as discussed below, or publicly available drafts),
4, and 7-18.
M ne Staff understands tnat the intent of this process is to alert the T
parties as to whether or not objections will be raised as to proffered exhibits.
Should Intervenors continue to offer the itens objected to herein, the Staff reserves the right to expand upon its argunents at that time.
810s20OM 6
. 1 DISCUSSION The Staff does not have any objection to proposed exhibit 1 on the list,.
as the author of the nap will appear at the hearing as a Staff witness.
Our lack of objection is based on our assumption that the referenced map is the published final map of Dr. Herd. The Staff does not object to proposed exhibit 2 insofar as the Intervenors are referencing USGS reports which are attached to the Staff's September 1979 and May 1980 Safety Evaluation (SE) submittals, nor does it object to the portions of proposed exhibits 3, 5 or 6 which also refer to the Staff's SE sections, as the Staff has already sub-mitted 1.nese documents as proposed Staff exhibits in this proceeding.
As to proposed exhibit 6, we assume that the Intervenors nean the SE of Sep* ember 1979, rather than October 1979. As to the last document, the Staff will be offering only the final version of the September 1979 SE, with con-clusions deleted.
However, we recognize that Intervenors may want the original SER input of September 1979 introduced for purposes of comparison with the final SE.
The Staff will not object to the use of proposed exhibit 6 for this purpose but will object if it is offered for any other purpose.
As to the remaining documents, the Staff objects on the basis that Inter-venors have proposed no sponsoring witnesses for the docunents who would be available for cross-examination by the Board and other parties, nor do Inter-venors offer anyone who could defend the docunents as expert treatises and i
respond to questioning about then.
In the absence of a sponsoring witness, no basis is provided whereby the Board can make a finding as required by 10 CFR 9 2.743(c) that the documents are reliable, relevant or naterial.
The documents are therefore inadnissible.
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Certain items which make up proposed exhibits 3 and 4 suffer from the additional objectionable quality of being improperly vague and are incapable of being identified with sufficient particularity to be studied by other parties in advance of the proceeding.
The referencing of all written reports and comments by USGS scientists, with the exception of the referenced USGS reports attached to the prefiled Staff SE, as well as all Staff reports regarding seismic and geological factors at the Vallecitos site since 1977, fall into this objectionable category.
Perhaps the strongest objection to these proposed exhibits is based on the fact that Intervenors did not submit copies of the documents to the Staff witn their other testimony on May 1,1981 as required by the Board's Meno-randu.1 and Order of February 3,1981.
In the absence of the docunents, the Board and parties are unable to determine whether the docunents are relevant, or naterial, or reliable.
Furthermore, without copies of the documents, the Staff is unfairly prejudiced and cannot properly prepare to testify about then at the hearing.
Finally, the Staff has refused to submit in response to discovery drafts of inputs to its safety evaluation which are not otherwise publicly available.
Intervenors have not sought to compel the production of such draf ts. The Staff is protected from disclosing these documents,10 CFR s 2.790(a), n.8, and would object to the adaission of such drafts being offered into evidence which the Intervenors may have obtained. A draft which the Staff has publicly a
distributed may, of course, be offered into evidence by Intervenors provided i
that a demonstration can be made that the documents are relevant, naterial, and reliable.
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j C0l4CLUSI0r4 Accordingly, the Staff objects to the admission of Intervenors' pro-posed exhibits 2 (other than the referenced reports included in the Staff's SE), 3 (other than the SE as discussed above, or publicly avail'able drafts),
4, and 7-18.
Respectfully subnitted, N).w a / E h vr: m Daniel T. Swanson Counsel for f4RC Staff Dated at Bethesda, llaryland this 19th day of flay,1981
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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GENERAL ELECTRIC COMPANY
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Docket No. 50-70
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(Show Cause)
(Vallecitos Nuclear Center -
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General Electric Test Reactor,
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Operating License No. TR-1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "HRC STAFF OBJECTIONS TO INTERVENORS' PRO-POSED EXHIBIT LIST" in the above-captioned proceeding have been served on tne following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comnis-sion's internal mail systen, this 19th day of May, 1981:
Herbert Grossman, Esq., Chairman
- The Honorable Phillip Burton Administrative Judge ATTN: Mary Atomic Safety and Licensing Board 2454 Rayburn House Office 31dg.
U.S. Nuclear Regulatory Cor.nission Washington, DC 20515 Washington, DC 20555 Glenn W. Cady, Esq.
Dr. George A. Ferguson Law Offices of Carniato & Dodge Administrative Judge 3703 Mt. Diablo Blvd., Suite 300 School of Engineering Lafayette, CA 94549 lioward University 2300 6th Street, N.W.
George Edgar, Esq.
Washington, DC 20059 Morgan, Lewis & Bockius 1800 M Street, N.W.
l Dr. Harry Forenan Washington, DC 20036 l
Administrative Judge l
Box 395, Mayo Jed Sonit Esq.
University of Minnesota 100 Bush Street - Suite 304 Minneapolis, MN 55455 San Francisco, CA 94104 The Honorable Ronald V. Dellums Edward A. Firestone, Esq.
ATTN:
H. Lee Halterman, Esq.
General F.lectric Company 201 13th Street, Roon 105 Huclear Energy Divisions Oakland, CA 94617 175 Curtner Avenue San Jose, CA 95125 Ms. Barbara Shockley (Mail Code 822) 1890 Bockman Road l
San Lorenzo, CA 94590
.. s Tne Honorable John L. Burton Docketing and Service Section (7)*
1714 Longworth House Office Bldg.
Office of the Secretary Washington, DC 20515
~ U.S. Nuclear Regulatory ' Comission 4
Washington, DC 20555 Atomic Safety and Licensing Board Panel *
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U.S. Nuclear Regulatory Connission Washington, DC 20555 Atomic Safety and Licensing Appeal Panel (5)"
U.S. Nuclear Regulatory Comnission Washington, DC 20555 i
bw3) &. i Daniel T. Swanson Counsel for NRC Staff t
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