ML20005A274
| ML20005A274 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 06/26/1981 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106300145 | |
| Download: ML20005A274 (7) | |
Text
l 06/26/81 UlilTED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION g
fv BEFORE THE ATOMIC SAFETY AN 2 0/SS N
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5 In the Matter of
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N, UdI9N ELECTRIC COMPANY Docket Nos. STri 50-4
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STH 50-486 (Callaway Plant, Units 1 and 2)
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OddECTIONS OF THE NRC STAFF TO JOINT INTERVENORS' FIRST SET OF INTERR0GATORIES Coalition for t;'e Environment, St. Louis Region, Missourians for SafeEnergy,andCrawdadAlliance(hereafter"JoiitIntervenors")have propounded one-hundred eleven (111) interrogatories and five (5) separate.
document requests to the NRC Staff. The Staff's response to thase requests is due ori July 10, ".981.
As required in the Special Prehearing Conference Order of April 21, 1981, the Staff herewith files its ob-jections to the Joint Intervenors' aforementioned discovery.
Interrogatories 42 and 43 Interrogatories 42 and 43 provide:
42.
State whether the NRC has evidence of honeycombing at nuclear power plants other than Callaway where Bechtel Fower Corp. was architect / engineer, con-tractor or subcontractor.
If affirmative, identify the other. plants and provide the following infor-nation, separately for each plant:
(a) State the date(s) when concrete was poured in which honeycombing was found; (b)
Identify all NRC reports which pertain to the honeycombing.
'81106 30' 0 % gg 6
. 43. State whether the NRC has evidence of honeyconing at nuclear power plants other than Callaway where Daniel International was contractor or sub-contractor.
If affinaative, identify the other plants and provide the following information, separately for each plant:
(a) State the date(s) when the concrete was poured in which honeycombing was found.
(b)
Identify all NRC Reports which pertain to the honeycombing.
The above interrogatories request detailed information and documents concerning all nuclear power plants other than Callaway wh.re there was
" evidence of honeycombing" and where Bechtel Power Corp. or Daniel International were either the contractor or subcontrator.
The Staff has not coop 11ed any such information, if indeed, any $xists.
In order to respond to these interrogatories, the Staff would be required to engage in extensive research and data gathering, involving great time and expense.
It has been held that an interrogated party cannot be required to perform such research and data gathering.
Houston Lighting & Power Co.
(South Texas Project, Units 1 & 2), LBP-80-11, 11 NRC 477, 478 (1980).
Moreover,10 '.F.R. s 2.720(h)(2)(ii) only permits discovery against C
the Staff of information, inter alia, that is ndt reasonably obtainable froa any other source. The requested information may also be requested froa Daniel and Bechtel. Accordingly, the Staff objects to these interrogatories.
Interrogatory 82 This interrogatory provides:
State with respect to each of the following publications the answers to the following:
Publications:
. PWR GALE Code, NUREG 0017 Regulatory Guide 1.21 Regulatory Guide 1.112 (a) When was the document first published?
(b) When was any revision published?
(c) When was the document completed in final form (before being published);
(d) When was any revision completed in final form (before being published);
(e) List each nuclear facility from which data were collected in the preparation of each document and/or revision and state with respect to each facility the number of Effective Full Power Days.
State whether any revision of the docu-ment is presently being worked on and if so, the identity of each nuclear facility from which data have been or
~ ill be collected and how long each sucn w
facility has been in operation.
i (f) State whether any revision of the docu-ment is presently being worked on and if so, the identity of each nuclear facility from which data have been or will be collected and how long each sucn facility has been in operatipn.
The Staff objects to subparts (e) and (f) of this interrogatory.
As to subpart (e), once the requested publications are examined, by reading each document from baginning to end, "each nuclear facility from which the data were collecied" will be listed and discussed within the docu-ment. Moreover, no such separate listing of each nuclear facility presently exists, other than the information contained in the publica-tions. The Staff should not be requiret to perform the Joint Intervenors' i.
discovery tasks of utilizing the provided documents for specific
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.. purposes. Once the Joint Intervenors read the documents for purposes of ascertaining each nuclear facility for which data was collected, the corresponding " full power days" for each facility can be obtained from NUREG 0020 (January 1981 issuance), a document which is publicly available. Accordingly, the Staff objects to subpart (e).
See also Houston Lighting & Power Co., supra.
For tl:e sarre reason, the Staff also objects to subpart (f) except to state that t revision to NUREG-0017 is being considered and will be provided when completed and published.
No revisions to Reg. Cuides 1.21 and 1.112 are being worked on.
Interrogatories 86 and 87 Interrogatories 86 and 87 state:
- 86. State the derivation of the maximum permissible concentrations (MPC) listed in 10 C.F.R. 20 Appendix'B Table II and describe the relationship of Appendix B to 10 C.F.R. 20 Sections 105 and 106.
87.
Identify a document in which the relationship described in answer to the preceding interrogatory is explained.
1 The Staff objects to these interrogacories because they are clearly aimed at questioning the basis of a Commission regulation, which fact is invalid and barred as a matter of law in adjudicatory proceedings.
Metropolitan Edison Co. et al. (Three Mile Island Nuclear Station, Unit 2), ALAB-456, 7.i4RC 63, 65 (1978); 10 C.F.R. s 2.758.
Since discovery is only permitted with respect to information which is either relevant to the controverted subject matter or which is likely to lead to the discovery of admissible evidence,M the Staff objects to interrogatories 86 and 87.
No contention has been admitted by the
t o
, Licensing Board which explores the derivation of the maximum permissible concentrations in 10 C.F.R. Part 20, as specified in the interrogatories, and such matters, relating to tne derivation of these concentrations, would similarly not lead to the discovery of admissible evidence. As explained more fully in 10 C.F.R. 9 2.758, this is not the forum for the Joint Intervenors to explore the derivations underlying the Commission's regulations.
Respectfully submitted, Roy P. Lessy Deputy Assistant, Chief Hearing Coutsel Dated at Bethesda, Maryland this 26th day of June,1981.
If See Allied-General Nuclear Sources et al. (Barnwell Fuel Receiving and Storage Station) LBP-77-13, 5 NRC 489 (1977).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of UNION ELECTRIC COMPANY Docket Nos. STN 50-483
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STN 50-486 (Callaway Plant, Units 1 and 2)
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CERTIFICATE OF_ SERVICE I hereby certify that copies of "0BJECTIONS OF THE NRC STAFF TO JOINT INTERVENORS' FIRST SET OF INTERROGATORIES" in the above-captioned proceeding have been se ved on the following by deposit in the United States nail, first class, or, as indicated by an asterisk, throuoh deoosit in the Nuclear Regulatory Commission's internal nail system, this 26th day of June,1981:
James P. Gleason, Esq., Chairman Barbara Shull Atomic Safety and Licensing Board Lenore Loeb 513 Gilmoure Drive League of Women Voters of Missouri Silver Spring, MD 20901 2138 Woodson Road St. Louis, M0 63114 Mr. Glenn 0. Bright
- Atomic Safety and Licensing Board Mar.iorie Reilly U.S. Nuclear Regulatory Commission Energy Chairman of the League of Washington, DC 20555 Women Voters of Univ. City, MO 7065 Pershing Avenue Dr. Jerry R. Kline*
University City, M0 63130 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Gerald Charnoff, Esq.
Washington, DC 20555 Thomas A. Baxter, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. John G. Reed 1800 M Street, N.W.
Rt. 1 Washington, DC 20036 Kingdom City, M0 65262 Dan I. Bolef Treva J. Hearne President, Board of Directors l
Assistant General Counsel for the Coalition for the Environment, Missouri Public Service Commission St. Louis Region P.O. Box 360 6267 Delmar Boulevard Jefferson City, M0 65101 University City, M0 63130
o. Donald Bollinger, Member Rose Levering, Member Missourians for Safe Energy Crawdad Alliance 6267 Delmar Boulevard 7370a Dale Avenue University City, M0 63130 St. Louis, MO 63117 Mr. Fred Luekey Presiding Judge, Montgomery County Rural Route Rhineland, M0 65069 Mayor Howard Steffen Chamois, MO 65024 Professor William H. Miller Mr. Earl Brown Missouri Kansas Section, School District Superintendent American Nuclear Society P.O. Box 9 Department of Nuclear Engineering Kingdom City, M0 65262 1020 Engineering Building University of Missouri Mr. Samuel J. Birk Colubia, M0 65211 R.R. #1, Box 243 Morrison, M0 65061 Mr. Haroib Lottman Presiding Judge, Dasconade County Robert G. Wright Rt. 1 Associate Judge, Eastern District Owensville, MO 65066 County Court, Callaway County, Missouri Eric A. Eisen, Esq.
Route #1 Birch, Horton, Bittner and Monroe Fulton, M0 65251 Suite 1100 1140 Connecticut Avenue, N.W.
Atonic Safety and Licensing Washington, DC 20036 Board Panel
- U.S. Nuclear Regulatory Commission Docketing and Service Section*
l Washington, DC 20555 Office of the Secretary U:S. Nuclear Regulatory Commission Atomic Safety and Licer. sing Washington, DC 20555 Appeal Board
- U.S. Nuclear Regulatory Commission Washington. DC 20555 Kenneth M. Chackes Chackes and Hoare ~
Attorney for Joint Intervenors 314 N. Broadway St. Louis, Missouri 63102 lioy P. Lessy (/
Deputy Assistant Chief Hearing Counsel i
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