ML20003D613
| ML20003D613 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/18/1981 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES |
| References | |
| ISSUANCES-OL, NUDOCS 8103270776 | |
| Download: ML20003D613 (6) | |
Text
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/p ATOMIC SAFETY AND LICENSING BOARD N
f Charles Bechhoefer, Chairman
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Dr. James C.
Lamb 8Q/gg Mr. Ernest E.
Hill ad"C' ~9 o r1 [c IN THE MATTER OF S
S HOUSTON LIGHTING & POWER S
Docket Nos. STN 50-498 OL COMPANY, ET AL.
S STN 50-499 OL S
South Texas Project, S
(Units 1 and 2)
S MEMORANDUM AND ORDER RULING UPON MOTIONS TO COMPEL CEU AND CCANP TO RESPOND TO INTERROGATORIES PURSUANT TO A PROTECTIVE ORDER (March 18, 1981)
Cn January 16,. 1981, Houston Lighting & Power Company, acting on behalf of all Applicants in the captioned operating license proceeding, filed " Applicants' Motion for Extension of Time in Which to File Motion to Compel Answers to Interrogatories."
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Applicants asked that the motion be regarded either as a request for extension of time or as a motion to compel answers.
The purpose of the pleading was to resolve the failure of intervenors Citizens for Equitable Utilities, Inc. (CEU) and Citizens Concerned About Nuclear Power (CCANP) to respond i
(i) to various interrogatories to Applicants' first ar.d second sets of interrogatories, respectively, (ii) to all interroga-g tories in Applicants' second and third sets and its third
.5 and fourth sets of interrogatories, respectively.
ff 8108270 %
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On the eve of the prehearing conference held March 17-18, 1981, in Austin, Texas CEU and CCANP filed Answers to Applicants' second and third sets of interrogatories.
The adequacy of these answers and the specific interrogatories which CEU and CCANP had failed to answer in their responses to the previous interrogatories were discussed at the~prehearing conference.
All questions regarding Applicants' second set of interrogatories to CEU and its third set to CCANP were re-solved and do not require Board action with the exception of one tape recording acquired by CCANP.
In addition, CCANP agreed to answer within ten (10) days several interrogatories which were the subject of Applicants' Motion to Compel Further Answers dated April 15, 1980.
After discussion between the parties at the prehearing conference, the only matters to be resolved by this Board related to the interrogatorics in Applicants' first set to CEU and its second set to CCANP which requested the identity of individuals who-supplied information to either CEU or CCANP which formed the basis of Contentions 1 or 2 as accepted in the-Board's August 3, 1979 Order.
As observed in the Board's Memorandum and Order of March 7, 1980, requiring CEU to respond to interrogatories, the Intervenors have no right to assert a blanket refusal to identify sources of information relating to Contentions 1 and 2..
The proper course of action is for Intervenors to seek a protective order if they are concerned about revealing the
. 1
identity of sources of information.
At the conference the parties discussed whether there was a need for a protective order.
During such discussion and without a Board ruling, Applicants volunteered to accept disclosure of the requested information pursuant to a Protective Order conforming to discussions at the prehearing conference.
Such a Protective Order is attached hereto.
Thus.
the Board directs CEU to respond to inte:rogatories A.1, 3,
d, 9, 10, 16, 19,.25, 30, 34, 37 and B.1 of Applicants' first set of interrogatories to CEU.
Such response shall be made and the information received shall be handled pursuant to the terms of the attached Protective Order.
The Board directs CCANP to respond to interrogatories 2 (b), 5 (c ), 6(b) and 6 (c) of Applicants' second set of interrogatories to the extent the interrogatories request the identity of individuals who have given information relevant to Contentions 1 or 2 to CC 3P or in the case of 6 (c),
have refused to provide information relevant to Contentions 1 or 2 for fear of reprisal.
The responses required by this order shall'be made pu'r[uant to the attached Protective Order.
CCANP
.is further directed to review the tape recording it received from Mr. Swayze's attorneys and provide pursuant to the Pro-tective' Order the identities of the inspectors interviewed in such recording if they provided information relevant to Conten-tions-1 or 2 or information likely to lead to information relevant to Contentions.1 or 2. 1
To the extent Intervenors have talked with individuals who supplied no information relevant to Contentions 1 or 2 or information not
._%ely to lead to information relevant to Contentions 1 or 2, the identity of such individuals need not be disclosed.
With respect to each individual identified, Intervenors shall provide the individual's telephone number, address, current or former position with HL&P or Brown & Root, Inc. if known to Intervenors.
Intervenors' responses shall be filed by March 30, 1981.
IT IS SO ORDERED FOR THE ATOMIC SAFETY AND LICENSING BOARD
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Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGE I'
Dated at Austin, Texas, this 18th day of March 1981.
United States of America Nuclear Regulatory Commission Before the Atomic Safety and Licensinc Board
'IN THE MATTER OF S
S EOUSTON LIGHTING & POWER S
Docket Nos. STN 50-498 OL COMPANY, ET AL.
S STN 50-499 OL S
South Texas Project, S
(Units 1 and 2)
S PROTECTIVE ORDER It is ordered that the responses of CEU and CCANP to the discovery requests enumerated in the-foregoing Memorandum and Order shall be subject to the following terms and conditions:
(1)
Neither CCANP nor CEU shall be required to serve the responses upon persons other than counsel represent-ing Applicants and counsel representing the NRC Staff in this proceeding; (2)
Said Applicants' counsel and NRC Staff counsel she.11 not, either directly or indirectly, disclose to officers or employees of Houston Lighting & Power Company (HL&P) or Brown & Root, Inc. (B&R) or subcontractors of either company the identities of the persons named in the CEU or CCANP
. responses; (3)
Any investigation, interview or other use by Applicants' counsel or. members of the NRC Staff of the CEU or
.CCANP responses shall be conducted in a manner that is not likely V
to disclose, either directly or indirectly, to officers or employees of HL&P or S&R the identities of the persons named in the CEU or CCANP responses; (4)
Counsel for Applicants and members of the NRC Staff shall not disclose, either directly or indirectly, the identities of the persons named in the CEU or CCANP responses, other than to their secretaries or persons employed for the specific purpose of performing investigations or review related to their preparations for this proceeding, unless they first give notice to the representative of CEU or CCANP who provided the information to be the subject of the proposed disclosure.
Should that representative object to such disclosure within five (5) days, the disclosure shall not occur without a further order from this Board authorizing such disclosure; (5)
All persons to whom there is to be disclosure of the identities of persons named in the responses of CCANP or CEU pursuant to the terms of this Order shall be subject to
'the restrictions contained herein regarding disclosure or use of such information to the same extent as covered for counsel l
for Applicants and members of the NRC Staff, and the Applicants, and all persons to whom there is to be disclosure by Applicants shall acknowledge their agreement to be bound by such restric-tions by signing a copy of this Protective Order.
(6)
Applicants' counsel or members of the NRC Staff shall not seek to meet with, depose or have a subpoena served I
on-site to the persons identified pecuuant to this Protective l
Order.
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