ML20009H220
| ML20009H220 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 08/05/1981 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108070052 | |
| Download: ML20009H220 (10) | |
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1 August 5, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ftl11SSION q,
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BEFORE THE AT0f11C SAFETY AND LICENSING BOARD g
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9 BOSTON EDIS0N C0fiPANY, ET AL, Docket No. 50-471 j
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NRC STAFF'S RESPGriSE TO THE C0ftMONWEALTH OF MASSACHUSETTS' FIRST SET OF REQUESTS FOR DOCUMENTS FROM THE NRC STAFF RELATIVE TO El1ERGENCY PLANflING; NRC STAFF'S MOTION FOR A PROTECTIVE ORDER On July 1,1981, the Cor.nonwealth of Massachusetts (Comonwealth) filed its First Set of Requests for Documents from the NRC Staff Relative to Emergency Planning.M Pursuant to 10 C.F.R. 6 2.790 and 6 2.744, the NRC S'aff hereby responds to that request for documents.
DEFINITIONS The Staff objects to the Commonwealth's definition of the term
" document (s)" on the grounds that it is overly broad, that, read y
By letter dated July 16, 1981, the Commonwealth filed with the NRC a Freedom of Information Act Requ,est for the identical documents.
The NRC is responding to that F0IA request. Of course, documents made available to the Comonwealth pursuant to its F0IA request will not be produced in response to this Request for Documents.
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literally, it calls for the production of documents which are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and that the production of all such documents would be oppressive and would necessarily involve an undue burden and expense on the part of the Staff. See 10 C.F.R. 5 2.740(b), (c), and 9 2.744(b). Furthermore, such an overly broad definition calls for the oroduction of documents which are both exempted from disclosure under 10 C.F.R. 9 2.790 and not necessary to a proper decision in this proceeding, or which contain information which is reasonably obtainable from other sources. See 10 C.F.R. 6 2.744(b).
Specifically, the Staff objects to the definition of " document (s)"
in the following respects:E (1) To the extent that the definition of " document (s)" calls for the j
production of books, periodicals, or other documents which are publically available technical or scientific works, the Staff y
The Commonwealth's definition of the tem " document (s) " read literally, encompasses documents in the possession or control of f4RC Commissioners. The Staff is responding to the Commonwealth's document request to the extent that documents are in the possession C_f;. 10 C.F.R. 5 2.720(h)(1).
or control of the tiRC Staff.
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objects on the grounds that the infomation therein is not necessary to a proper decision in this case and is reasonably obtainable from other sources. See 10 C.F.R. 6 2.744(b).
In addition, the Staff objects to the production of such documents on the grounds that to do so would require the Staff to perform a literature search, which the Commonwealth can just as readily do, and therfore such a request is unduly burdensome, oppressive, ad expensive. See 10 C.F.R. 5 2.740(c).
(2) To the extent that the definition of " document (s)" calls for the production of NRC employee's (or NRC consultants' employees')
uncirculated notes, diaries, calendars, appointment books, or other uncirculated notes, the Staff objects on the ground that because such documents are not in the possession or control of the NRC, they are not agency records which the NRC or Staff can produce.U Porter County Chapter of the Izaak Walton League v. Atomic Energy Commission, 380 F.Supp 630, 633 (N.D. Ind. 1974).
DOCUMENTS REQUESTED Subject to the above objections to the Commonwealth's definition of the tem " document (s)", the Staff provides the following responses:
"(1) All documents identified by the Staff in answer to the Commonwealth's Interrogatories to the Staff regarding emergency planning, including those listed in response to interrogatory number 75."
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The Staff voluntarily states that its search for documents responsive to the Commonwealth's document request has encovered no documents of this type.
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All documents identified by the Staff in answer to the Commonwealth's interrogatories, except for PNL-SA-9557 and PNL-3812 (see the Staff's answer to Commonwealth interrogatcry number 76), are available for inspection and copying in the NRC Public Document Room in Washington, D.C.
Copies of documelts PNL-SA-9557 and PNL-3812 will be sent to the Commonwealth.
"(2) All documents... which relate... to taking protective action (s)... in any area within the circular zone having a 50-mile radius surrounding the Pilgrim site."
Copies of all documents respussive to the request which have been identified by the Staff and which are not in the NRC Public Document Room will be sent to the Commonwealth.
"(3) All documents... which relate to former or current or proposed licensee / applicant, state, or local emergency plans for Pilgrim I or Pilgrim II, or any portion thereof."
The Staff objects to this request insofar as it seeks all documents which relate to Pilgrim Unit 1 on the grounds that it is overly broad and unduly burdensome since the subject of this proceeding is Pilgrim Unit 2, not Pilgrim Unit 1, and all such Pilgrim Unit 1 documents are not necessary to a proper decision in this proceeding. The request for all Pilgrim Unit 1 emergency planning documents seeks information which is neither relevant to Pilgrim Unit 2'nor reasonably calculated to lead to the discovery'of admissible evidence. Without more specificity by the Commonwealth identifying in detail what it seeks concerning Pilgrim Unit 1 and a showing by the Commonwealth why documents responsive to h
such a specific request would be relevant and necessary to a proper decision in the Pilgrim Unit 2 proceeding, the Staff submits that the request is overly broad and oppressive and would necessarily require the Staff to incur an undue burden and expense.
With respect to the Pilgrim Unit 2 documents requested, the Staff will send to the Commonwealth copies of those documents responsive to the request which are not available in the NRC Public Document Room.
"(4) All documents... which relate... to the methods to be used or assumptions to be made in calculating evacuation time estimates or performing evaucation studies or to the adequacy or inadequacy of the evacuation studies perfonned by Hffi Associates, Inc. for BE Co."
Copies of all such documents not available in the NRC Public Document Room will be sent to the Commonwealth.
"(5) All d:, uments... which relate... to the reactions of persons to the stress associated with nuclear accidents and/or the behavior to be expected of pei sons participating in protective actions in the event of such an accident."
Copies of all such documents not available in the NRC Public Document Room will be sent to the Commonwealth.
"(6) All documents... which relate... to the penetration of radiciodide into buildings that could be used as shelters in the event of a nuclear accident."
The Staff has no su:h documents other than scientific or technical books, journals, or articles which are publically available.
(See the Staff's objection to the Commonwealth's definition of " document (s)").
"(7) The document named in reference 1 to Supplement No. 5 to NUREG-75/054 (at p. A-10)."
A copy of this document will be sent to the Commonwealth.
"(8) All documents... which relate... to meetings, conversations, or discussions... between... the Staff or Commission and any other party regarding the... emergency plans for Pilgrim I or II..."
For the reasons set forth by the Staff in its objection to the Commonwealth's definition of " document (s)," the Staff objects to this request insofar as it seeks documents in the possession or control of NRC Comnissioners.
For the reasons set forth by the Staff concerning Commonwealth request (3), the Staff objects to the request insofar as it requests documents which relate to Pilgrim Unit 1.
With respect to emergency plans for Pilgrim Unit 2, copies of documents responsive to this request which are not available in the Public Document Room will be sent to the Commonwealth.
DOCUMENTS CLAIMED BY THE STAFF TO BE PROTECTED FROM DISCOVERY The following documents have been identified by the Staff as possibly responsive to the Cannonwealth's document request but protected from discovery for the reasons stated below.
1.
Undated, two page, document enti.tled, " Note to John Sears, Comments on Draft Testimony."
2.
ftltipaged ' document dated 7/18/79 entitled, " Draft Questions -
Pilgrim, Emergency Planning Contention."
3.
Multipaged document dated 7/5/79 entitled, " Draft Questions -
Pflgria 2, Emergency Planning Contention."
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The Staff objects to the production of these documents on the ground that they are protect'. gainst disclosure by the attorney work product rule.
10 C.F.R. 5 2.740( )(2). The Staff submits that these documents were prepared fc-is hearing and that their production would disclose the mental impressions, conclusions, opinions, and/or legal theories of the Staff's attorneys and/or otiier representatives concerning this proceeding.
It follows from 10 C.F.R. 6 2.740(b)(2) that the Board should protect the Staff from disclosing these documents.
In addition, the Staff objects to the production of these documents on the independent ground that the information contained in them is not necessary to a proper decision in this case.
See 10 C.F.R. 5 2.744(b).
MOTION FOR A PROTECTIVE ORDER On the basis of the above objections and claims, the Staff hereby moves, pursuant to 10 C.F.R. 5 2.744(h) and 5 2.740(c), for a protective order that the discovery to which the Staff has objected or claimed is protected from discovery not be had.
Respectfully submitted, Jack R. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of August,1981 l
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UNITED STATES OF AftERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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BOSTON EDISON COMPANY, et al.
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Docket No, 50-471 (Pilgrim Nuclear Generating Station, Unit 2)
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AFFIDAVIT OF BRIAN K. GRIMES I am the Director o" the Nuclear Regulatory Commission Staff's Division of Emergency Preparedr.ess.
I have caused a search te be made for documents in the possession or subject to the control of tha NRC Staff which are responsive to the Common-wealth of Massachusetts' First Set of Requests for Documents from the NRC Staff Relative to Eergency Planning, I have read the attached NRC Staff Response to said de :ument request, and to the test of my knowledge, the responses given are true and accurate.
I declare under penalty of perjury that the for_egoing is true at J e
correct, Executed on August 5,1981, j
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w.x Brian K. Grimes Subscribed and sworn to before me this 5th day of August,1981, a
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Notary Public My Commission expires: July 1.
1992
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of BOSTONEDIS0NCOMPANY, eta [.
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Docket No. 50-471 (PilgrimNuclearGeneratingStation, Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO THE C0tN0NWEALTH OF MASSACHUSETTS' FIRST SET OF REQUESTS FOR DOCUMENTS FROM THE NRC STAFF RELATIVE TO EMERGENCY PLANNING; NRC STAFF'S MOTION FOR A PROTECTIVE ORDER" and " AFFIDAVIT OF BRIAN K. GRIMES" 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 Nu*. lear Regulatory Commission internal mail system, this 5th day of August,1981:
Andrew C. Goodhope, Esq.
The Board of Selectmen 3320 Estelle Terrace-Town of Plymouth Wheaton, Maryland 20906 Plymouth, Massachusetts 02360 Dr. A. Dixon Callihan William S. Abbott, Esq.
Union Carbide Corporation 50 Congress Street, Suite 925 P.O. Box Y Boston, Massachusetts 02109 Oak Ridge, Tennessee 37830 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Jo Ann Shotwell, Esq.
Washington, D.C.
20555
- Assistant Attorney General Environmental Protection Division Thomas G. Dignan, Jr., Esq.
Public Protection Bureau Ropes & Gray One Ashburton Place, 19th Floor 225 Franklin Street Boston, Massachusetts 02108 Boston, Massachusetts 02110 Mr. Lester B. Smith William S. Stowe, Esq.
Director of Conservation Boston Edison Company
, Massachusetts Wildlife Federation 800 Boylston Street P.O. Box 343 Boston, MA 02199 Natick, Massachusetts 01761 Henry Herrmann, Esq.
Patrick J. Kenny, Esq.
Room 1045 Edward L. Selgrade, Esq.
50 Congress Street Massachusetts Governor's Office Boston, Massachusetts 02108 of Energy Resources 73 Tremont Street Mr. and Mrs. Alan R. Cleeton Boston, Massachusetts 02108 22 Mackintosh Street Franklin, Massachusetts 02038 Francis S. Wright, Esq.
Berman & Lewenberg 211 Congress. Street Boston, MA 02110
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2-Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Lics. sing Board Panel U.S. Nuclear Regulat]ry Commission Washington, D.C.
20355
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
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