ML20004D426
| ML20004D426 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 06/08/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106090385 | |
| Download: ML20004D426 (5) | |
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UNITED STATES OF AMERICA LI
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the flatter of
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NORTHERN INDIANA PUBLIC SERVICE
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Docket No. 50-367 COMPANY
)
(ConstructionPermitExtension)
)
(Bailly Generating Station,
)
Nuclear-1)
)
NRC STAFF'S RESP 0!iSE TO PCCI'S APPLICATION PURSUANT TO 10 CFR % 2.720(h)(2)(ii)
INTRODUCTION On May 19, 1981 Porter County Chapter Intervenors ("PCCI") filed an
"... Application Pursuant to 10 CFR s 2.720(h)(2)(ii)" seeking an order from the Atomic Safety and Licensing Board requiring the NRC Staff to answer PCCI's First Set of Interrogatories to the NRC Staff, which were filed simultaneously with the Application.
The NRC Staff offers this response to the Application.1_/ Following an order on the Application, the Staff veill file responses to such interrogatories as the Licensing Board may direct it to answer.
If Section 2.720(h)(2)(ii) does not expressly provide for responses to applications thereunder.
Section 2.730(c) does, however, provide for answers to any notion, which we take to include applications under 6 2.720(h)(2)(ii).
h8106 OD 0 3$[
.. s DISCUSSION Section 2.720(2)(h)(ii) provides that the presiding officer may require the Staff to answer interrogatories upon a showing that the answers are "necessary to a proper decision in the proceeding" and "not reasonably obtainable fron any other source".
In support of their Appli-cation PCCI asserts that answers to the interrogatories are "necessary to PCCI's presentation of their case and evaluation of the staff's case" and that the interrogatories "go to r.atters solely within the staff's knowledge". Application, at 1.
The Staff does not contest the latter assertion, but does respond that one of the interrogatories is not necessary to a proper decision in this proceeding in that it relates to an issue which has been explicitly rejected by the Licensing Board as an issue in controversy.
Under the NRC's rules of practice, discovery "shall relate only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclu-sion of the [6 2.751a] prehearing conference".
10 C.F.R. 9 2.740lb)(1).
PCCI interrogatory 3 relates to Staff's plans for Safety Evaluation Reports ("SER's") "in response to or as a result of the accident at Three iiile Island", both with respect to Bailly and any other nuclear i
plant.
The Licensing Board has expressly rejected as contentions in this proceeding contentions alleging that en updated SER needs to be prepared for the Bailly facility to take into consideration, inter alia, 1
.. g inter alia, " safety issues resulting from the TMI-2 accident".M The Board reasoned that these issues were not related to the delay in construction or the reasonableness of the extension requested, nor was there any prima facie showing by PCCI that there was not reasonable assurance that these issues will be resolved by the completion date of construction.E PCCI is, therefore, seeking infomation as to an issue which has been rejected by this Board with respect to the Bailly facility and there is even less relevance to this proceeding of PCCI's request for this same infomation with respect to "any nuclear plant".
C0riCLUSI0ft 4
PCCI interrogatory 3 relates to an issue which has been rejected by the Licensing Board and an answer to it is not, therefore, "necessary to a proper decision in the proceeding".
The Board should deny that portion of PCCI's Application for a finding under 10 CFR @ 2.720(h)(2)(ii) which asks that the Staff be required to respond to interrogatory 3.
i Respectfully submitted,
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Stephe H. Lewis Counsel for fiRC Staff Dated at Bethesda,liaryland this 8th day of June,1981 i
y
" Order Supplementing Order Following Special Prehearing Conference",
August 25, 1980, at 2.
y Ld.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COPHISSION i
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
a In the Matter of NORTHERN INDIANA PUBLIC SERVICE
)
Docket No. 50-367 COMPANY (Construction Permit Extension)
(Bailly Generating Station,
)
Nuclear-1
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO PCCI'S APPLICATION PURSUANT TO 10 CFR 6 2.720(h)(2)(ii)" 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 8th day of June,1981:
- Herbert Grossman, Esq., Chairman, Robert L. Graham, Esq.
Administrative Judge One IBM Plaza Atomic Safety and Licensing Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Robert L. Holton, Administrative Judge 7413 W. 136th Lane School of Oceanography Cedar Lake, Indiana 46303 Oregon State University Corvallis, Oregon 97331 John Van Vranken, Esq., Chief Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 10807 Atwell 188 West Randolph Street Houston, Texas 77096 Chicago, Iliinois 60601 Kathleen H. Shea, Esq.
Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad Local 1010 and Toll United Steelworkers of America 1025 Connecticut Avenue, N.W.
3703 Euclid Avenue Washington, D.C.
20036 East Chicago, Indiana 46312 Robert J. Vollen, Esq.
Willib.n H. Eichhorn, Esq.
l c/o BPI Eichhorn, Morrow & Eichhorn i
109 North Dearborn Street 5243 Hohman Avenue Chicago, Illinois 60602 Haninond, Indiana 46320 i
Edward W. Osann, Jr., Esq.
Atomic Safety and Licensing Suite 4600 Board Panel One IBM Plaza U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555
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.s Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission _
Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C.
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- Stephen H. Lewis Counsel for NRC Staff l
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