ML20005A428

Objections to Interrogatories & Request for Production of Documents.Only Names of Experts Expected to Testify at Trial & Those Retained or Specially Employed Are Discoverable. Certificate of Svc Encl.Related Correspondence

ML20005A428
Person / Time
Site:	Callaway
Issue date:	06/22/1981
From:	Chackes K CHACKES & HOARE, JOINT INTERVENORS - CALLAWAY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8106300314
Download: ML20005A428 (3)

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UNITED STATES OF AMERICA C JUM 2]i.901 > I NUCLEAR REGULATORY COMMISSION '

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BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD G "ESS Y,s c'/ /

N u. .a w In the Matter of ) gjj .'.QQ UNION ELECTRIC COMPANY Docket No. STN 50-48370$,[

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M JOINT INTERVENORS' OBJECTIONS TO_  %: Y, INTERROGATORIES AND REQUESTS FOR PRODUCTION 'e ,e 8, Joint Intervenors make the following objections to Applicant's O,j rib Interroga and Requests for Document Production (Set No.1) on both Contentons 1 and 2, and NRC Staff Interrogatories and Request for Production of Documents.

1. Joint Intervenors object to identifying persons known to us to have first l hand knowledge of the basis for our contentions and persons who participate in providing answers to interrogatories. Applicant and the NRC Staff seek not only to know who our witnesses will be at the hearings in this matter, but also the names of all persons with whom Joint Intervenors have consulted in framing our contentions and answering i interrogatories. See, e_.g., Applicant's Interrogatories on Contention No.1, I A-1, I A-6(c), General Interrogatory A; Applicant's Interrogatories on Contention No. 2, p. 2 Y (first paragraph), A-1(c); NRC Staff Interrogatories 1(h)(a) and (b),13. Joint Intervenors l

recognize the need of the Applicant and Staff to know who our witnesses will be and t[

we fully intend to supply that information in due course when that has been determined.

Ilowever, the Applicant and Staff can have no legitimate need to know the identity of other persons, not witnesses, who have assisted and are assisting Joint Intervenors in

! this matter. That information is not relevant, and to identify such persons will only expose them to possible reprisals for their activities in support of Joint Intervenors.

Joint Intervenors must, therefore, object to identifying such persons in order to protect them from adverse employment actions in their present and prospective positions, and other possible reprisals. DSO}

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Under the Federal Rules of Civil Procedure, upon which the NRC's discovery rules are modelled, only the names of experts who are expected to testify at trial and those who have been retained or specially employed are discoverable. The identity of experts who have been consulted informally in anticipation of trial is not discoverable.

2. Joint Intervenors object to Applicant's request for identification and production of correspondence and written records of telephone conversations or meetings between Kay Drey and any employee of the NRC. See, e& Applicant's Interrogatories on Contention No.1, I A-16. The grounds for this objection are simply that Kay Drey is not a party to this proceeding and her correspondence and records are not in the custody and control of Joint Intervenors.

Respectfully submitted, CHACKES AND HOARE

'L-Kenneth M. Chackes Attorneys for Joint Intervenors 314 North Broadvay St. Louis, MO 63102 314/241-7961 i

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UNITED STATES OF AMERICA ~ ,

lq ~~' -- NI# {5 NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD $5"YI$I h In the Matter of )

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UNION ELECTRIC COMPANY ) Docket No. STN 50-483-OL

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(Callaway Plant, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of Jcint Intervenors' Objections to Interrogatories and Requests for Production have been served on the following by deposit in the United States mail this X)- day of June,1981.

Jemes P. Gleason, Esq., Chairman Atomic Safety and Licensing Board 513 Gilmoure Drive Silver Spring, MD 20901 Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regtilatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety and Lacensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas A. Baxter, Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 u Roy P. Lessy, Jr., Esq.

!; Cffice of the Executive Legal Director j U.S. Nuclear Regulatory Commission Washington, D.C. 20555 M Wh Kenneth M. Chackes CIIACKES AND HOARE

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