ML19347B421
| ML19347B421 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 10/10/1980 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING |
| References | |
| NUDOCS 8010150048 | |
| Download: ML19347B421 (14) | |
Text
6 10/10/80 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0f;f;ISSION l
l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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NUCLEAR ENGINEERING C0f;PANY, INC.
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Docket No. 27-39 (Sheffield, Illinois Low-Level
)
Radioactive Waste Disposal Site)
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NRC STAFF'S FIRST SET OF INTERR0GATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO NUCLEAR ENGINEERING C0., INC.
Preface Pursuant to 10 C.F.R. Sections 2.740, 2.740b, and 2.741, the NRC Staff hereby propounds the following interrogatories and document requests to Nuclear Engineering Company, Inc. ("NEC0").
Pursuant to the presiding Licensing Board's "Prehearing Conference Order And Order Setting Time For Discovery" of September 9,1980 all responses to discovery including pro-duction of documents and answers to interrogatories are due by November 1, 1980.
Instructions 1.
Answer the following interrogatories separately (by parts) and writir.g f
under ' oath or affimation.
Documents produced shall indicate in response to which specific request the documents are being produced, i.e., 1(e).
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2.
In your answer, repeat each Interrogatory set forth herein and then set forth the answer thereto separately and fully.
As to any Interrogatory, section or subsection of said Interrogatory that you refuse to answer for any reason, separately state the grounds for any such refusal.
Where a complete answer to a particular Interrogatory, section or sub-section of said Interrogatory is not, possible, such Interrogatory, section or sub-section of said Interrogatory should be answered to the extent possible and a statement made indicating the reason for the partial answer.
3.
If'any interrogatory or part thereof is objected to, state separately (by part) the objection and basis therefor.
4.
If privilege is claimed as to any document, identify what is being withheld, the date of the document, the sender (s), the recipient (s) of all copies, the privilege claimed, the basis for the assertion of privilege, and the present location of the document.
5.
If any document requested is unavailable, explain the circumstances of such unavailability.
6.
All documents responsive to document requests are to be produced at this time for inspection and copying by the NRC Staff.
Do not decline to prdduce requested documents on the assumption or belief that the document is already in the possession of the NRC Staff, or is otherwise l
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j publicly available, or is in the possession of another party to this proceeding.
7.
Any request to " list," or " identify" any person or employee requires a statement of the person's full name, current employer and business address, position held, and telephone number.
8.
These interrogatories and requests for documents are continuing and require prompt supplemental answers should NEC0 obtain or identify supplemental information or documents.
Definitions In the event any word, term, or phrase is unclear to NECO it is requested that oral clarification be requested of the undersigned staff counsel.
Any A
word, term, or phrase is to have its generally accepted meaning.
Listed below, are specific definitions pertinent to this pleading:
1.
" Documents" means all writings and records of every type in the posses-sion, control or custody of the company, its directors, officers, attor-neys, employees or agents, including, but not limited to, memoranda, correspondence, reports, surveys, evaluations, charts, books, minutes, notes, agenda, diaries, logs, transcripts, microfilm, accounting state-ments, telephone and telegraphic communication, speeches, and all other records, written, electrical, mechanical or otherwise.
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" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession, custody or control of the company.
Every copy of a document which contains handwritter, or other notations must be produced in addition to all copies of the document without such notations.
2.
" Relate (s) to" means relating to in any way and includes documents which are the subject of the request.
(e.g., " relating to a cont act" includes the contract itself).
Requests concerning a subject or item should be understood to include possible or contemplated actions as to such subject or item.
For example, requests for documents relating to site closure plans would include documents relating to site closure on arrangements that have been considered but rejected.
Interrocatories and Document Requests 1.
Provide in a central depository all " documents," in file folders if they are so filed, which " relate to":
a.
the acquisition by NECO in 1968 of California Nuclear, Inc.
b.
the transfer in 1968 of California Nuclear's license concerning the Sheffield low-level radioactive waste disposal site I
c.
the 99-year lease between NECO and the State of Illinois l
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d.
NEC0's application in 1968 to renew its AEC (NRC) license NEC0's application in 1968 to expand the AEC licensed burial e.
site to the adjacent 168 acres f.
the letter from James N. Neel to William J. Dircks dated Decem-ber 27,1978 requesting suspension of further proceedings on its application for license renewal and site expansion i
g.
NEC0's December 27, 1978 motion to the Licensing Board to suspend further proceedings on its application h.
NEC0's March 8,1979 " Notice to Atomic Safety and Licensing Board of Withdrawal of Application and Termination of Licensing for Activities at Sheffield" i.
the letter from Troy B. Conner to William J. Dircks of March 8, 1979 tFat NEC0 was (1) withdrawing its pending application to renew its license and expand the Sheffield site ar.d (2) termi-nating its license for all activities at Sheffield J.
the March 23,1979 " Answer Of Nuclear Engineering Company, Inc. To Order To Show Cause And Demand For Hearing"
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all inspection reports referring to the construction or operation of the site prepared by NECO for the Illinois Department of Public j
Health (IDPH) i s
1.
all documents which relate to the migration of any chemical or radio-nuclide on or from the facility or in an area up to, including, or i
within, approximately two miles from the boundaries of the facility 1
m.
all documents which relate to engineered facilities or other measures i
to prevent migration of chemicals from NEC0's chemical disposal site at Sheffield 4
n.
all documeists which relate to ti er. h failures, trench subsidence or trench collapse at the site during trench construction, or loading of the trenches or any time thereafter o.
all well monitoring data compiled by NECO taken from wells at the 1
facility or within an area or distance of one mile from the facility 1
boundaries.
Data should include results of chemical and radiological analyses done on samples taken p.
all documents which relate to each load of waste accepted at the site, its date of receipt, its contents, its radioactivity, and its burial location.
This should include all Radioactive Shipment Records (RSR's) 4
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all records of all tests (for example, radiological, chemical, and biological tests) perfomed on materials accepted for disposal at i
i the facility r.
all documents received from, or supplied to the Illinois State Water Survey that relate to health impacts on nearby surface and ground-water supply source <
s.
all records of any leaching tests perfomed by NECO on any radio-active waste accepted at the facility t.
all documents which relate to leaching tests perfomed on solidified waste accepted at the facility u.
all documents which relate to the transfer or attempted transfer of the site or the NRC/AEC license to the State of Illinois, the IDFM, j
or any other federal or state agency, or any other entity l
v.
all documents, or references to documents, which relate to pemea-bility and other soils engineering characteristics of trench caps at the site w.
all " monthly nnoraHng reports te the director" as required by IDPH and regulations adopted pursuant to the Illinois Radiation Protection Act
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all updated material with respect to any records, reports, opinions or studies previously provided by NECO to NRC y.
all documents or reports which relate to soil erosion or the possi-bility of soil erosion z.
all documents or references to documents which relate in any way to the geology, topography or soils at the NRC/AEC licensed site aa.
all other " documents" which relate to this proceeding in any way, either directly or indirectly 2.
Provide all documents described in request 1(a-y) above between NECO and Teledyne, Inc., and to, from, or between Teledyne and NECO, and between or among any agent, attorney, contractor, officer, or director j
of NECO and any such agent, attorney, contractor, officer, or director of Teledyne.
3.
a.
" List" all consultants, contractors, experts, special employees, agents, fims, advisors, who have performed any assignment, task, contract, or any other work for NEC0, Teledyne, Inc., any of NECO's officers and employees, any attorney or law fim acting for or on behalf of NECO which assignment, task, contract, or work relates to this proceeding or the Sheffield site, or the proposed expanded site in any way.
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b.
Provide the address, telephone number, and all persons involved in 1
the matter.
Designate the key or lead person responsible if more than one individual is named.
j c.
Explain in detail the assignment or tasks performed or requested l
to be performed.
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d.
Provide copies of all ' documents" which relate to 3(a)-(c).
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4.
Provide all " documents" which NEC0 believes support its position that i
it does not possess materials buried pursuant to an AEC/NRC license at Sheffield.
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5.
" List" the names of any individuals employed by NECO in the past or i
j present, or other agents or consultants of and for NECO or Teledyne who J
took the position at any time, or argued at any time, that NEC0 should not have either withdrawn its pending application (s) before the NRC in i
i 1978-1979 or sought to tenninate its license for all activities at Sheffield.
i 6.
Explain in detail the basis for the statement in NEC0's December 27, 1978 letter from James N. Neel to William J. Dircks that NEC0 requested suspension of further proceedings on its application for license renewal j
and expansion "until such time as the NRC has established definite 4
crite;ia to govern Staff review of low-level waste disposal sites."
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With respect to the March 8, 1979 letter from Troy B. Conner to William J.
Dircks, NECO advised the NRC that it was withdrawing its pending applica-tion and that it was terminccing its NRC license for activities at Sheffield, i
a.
Explain in detail any basis NEC0 had for such action other than its position that it did not possess source, byproduct, or special nuclear material at Sheffield.
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b.
Did NECO consider whether such action may have an adverse impact on i
the public health and safety or the environment?
c.
Explain any such considerations enumerated in (b).
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Whom did NEC0 expect would maintain the site after March 8, 1979 I
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to prevent an adverse impact to the public health and safety and the environment?
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8.
a.
Provide all documents which relate in any way to actions to be taken by or for NEC0 before NEC0 may " quit," decommission, or stabilize the site, including but not limited to environmental monitoring, site security, gradation and stabilization of site surface, and site buffer zone.
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h b.
Explain in detail any discussions or conmunications NEC0 has had which relate to 8(a) with the State of Illinois or any other state or private entity.
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9.
a.
Explain in detail the current status of any relationship NECO or i
Teledyne has with the State of Illinois, or any of its agencies or agents, which relate to the Sheffield site including the status U
of the lease between NECO and the state, and the status of all litigation.
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b.
Describe in detail all actions NEC0 has taken or has attempted to take which relate to transfer of site responsibility to the State of Illinois, any agency of the State of Illinois, or any other governmental or private entity.
(You may exclude the instant litigation and the NRC).
ll 10.
Explain in detail, including the time, precise location and all facts which relate to any trench failures, trench subsidence or trench collapse at the NRC (AEC) licensed Sheffield site at any time including but not limited to trench construction and loading of the trenches.
11.
a.
Explain in detail any action, complaint, or request for action by NECO taken or made at the request of, or by Order of, the State of Illinois Department of Public Health pursuant to or under the
" Radioactive Materials License" and amendments thereto issued to NECO.
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' i b.
Explain in detail NEC0's action or response to any item in 10(a).
l 11.
In a letter dated July 8, 1980 from Troy B. Conner to the presiding i
Licensing Board, NEC0 proposed an issue relating to "what conditions to i
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terminate the license may reasonably be imposed upon NECO pursuant to 66 2.107 and 20.302(b), considering the ' commitment of the owner of the I,
site, the State of Illinois, to provide long-tenn surveillance and maintenance after disposal operations have ceased." Explain in detail i
what bearing the fact that the State owns the site has upon ascertain-ing appropriate conditions for the Licensing Board to impose on NECO i
before "NECO may quit the site."
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l 12.
a.
" List" each witness who NECO may call in this proceeding and provide a summary of the testimony each such witness is expected I
to offer.
b.
Identify all documents upon which each witness may rely in any way, and provide copies of any such documents, by witness.
13.
" List" the Teledyne, Inc., officers or employees whose duties or respon-sibilities include knowledge or review of NEC0's activities at the NRC/
AEC licensed Shuffield site.
Respectfully submitted, Roy P. Lessy Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of October,1980
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield. Illinois Low-Level
)
Radioactive Waste Disposal Site)
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CERTIFICATE OF SERVICE 1
I hereby certify that copies of "NRC STAFF'S FIRST SET OF INTERR0GATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO NUCLEAR ENGINEERING CO., INC."
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, through deposit in the Nuclear Regulatory Commission's internal nail system, this 10th day of October,1980:
Andrew C. Goodhope, Esq.
Lornelius J. Hollerich, Esq.
3320 Estelle Terrace State's Attorney Wheaton, Maryland 20906 Bureau County Court House i,
Princeton, Illinois 61356 Dr. Linda W. Little 5900 Hermitage Drive Susan N. Sekuler, Esq.
Raleigh, NC 27612 Mary Jo iturray, Esq.
State of Illinois Environmental Control Division Dr. Forrest J. Remick 188 West Randolph Street 305 E. Hamilton Avenue Suite 2315 State College, Pennsylvania 16801 Chicago, Illinois 60601 Scott Padson, Esq.
John M. Cannon, Esq.
Assistant State's Attorney Mid-America Legal Foundation 601 South Main Street Suite 2245 Princeton, Illinois 61356 20 North Wacker Drive Chicago, Illinois 6060G D. J. McRae, Esq.
217 West Second Street Kewaunee, Illinois 61443 1
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Atomic Safety and Licensing Docketing and Service Section*
Board Panel
- Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i
Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licensing Troy B. Conner, Jr., Esq.
Appeal Panel
- tiark J. Wetterhahn, Esq.
t U.S. Nuclear Regulatory Commission Conner, Moore & Corber Washington, D. C.
20555 1747 Pennsylvania Avenue, N.W.
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tSuite 1050 Robert Russell, Esq.
Washington, D. C.
20006 Johnson, Martin & Russell 10 Park Avenue West Mr. Charles F. Eason Princeton Illinois 61356 Nuclear Engineering Company Director for Government Affairs i
Admiral Vincent T. de Poix 1100 17th Street, H.W.
I Chairman of the Board Suite 1000 for Nuclear Engineering Co.
Washington, D.C.
20036 P.O. Box 7246 Louisville, KY 40207 i
G4/k EdwinJ.Refs Assistant Chief Hearing Counsel ro i
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