ML20010C852

Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence

ML20010C852
Person / Time
Site:	05000471
Issue date:	08/14/1981
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108210105
Download: ML20010C852 (5)

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In the Matter of ) /kQic'

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BOSTON EDISON COMPANY < . al . ) Docket No. 50-411

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= e v =g pA IMG s eaj g' COMMONWEALTH'S MOTION TO Y :dI COMPEL PRODUCTION OF S4 DOCUMENTS BY APPLICANTS .

On July 1,1981, the Commonwealth served on the Applicants 4

its First Set of Requests for the Production of Documents Rela-tive to Emergency Planning. On August 4,1981, the Applicants served their Response to said request, which Response incor-porated all of their obj ections to the Comsonwealth's First Set of Interrogatories Relative to Emergency Plam ing , in particu-lar their ref usal to provide information or documents relating a to evacuation of any area outside their proposed plume exposure EPZ or to any accident consequence analyses performed by or for the Applicants relative to the Pilgrim site.

• The language of the Response is itself not entirely clear in 3

this regard. However , the Commonwealth has been informed by Couns el for the Applicants that their ref erence in the Response to files relating to " matters concerning 10 C.F.R. App. E."

means matters concerning that rule as interpreted by the Applicants -- i .e , as " fixing" the plume exposur e 3PZ for Pilgrim II at 10 miles. $g S

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l l Wit ho ut restating its arguments as outlined in its Motion l

to Compel Answers to its First Set of Interrogatories and its 1

Answer to the Applicants' Motion for a Protective Order , the Commonwealth notes that the Applicants' Response is entirely inconsistent with the proper purposes and scope of discovery.

While Applicants are f ree to argue their interpretation of 10 C . F. R. 50, Appendix E at the hearing , they are not entitled to use that interpretation to foreclose discovery. Any information or documents which the Applicants may have relating to evacuation of persons within 10 and 30 miles of the Pilgrim site or to accident consequence studies for that site are clearly relevant to the Commonwealth's claims in this <

proceeding and, hence, permissible objects of discovery under 10 C.F.R. S2. 74 0 (b) . Furthermore, evacuation studies of areas outside the Applicants' proposed EPZ boundaries may well lead to admissible evidence , even under the Applicants' inter pretation of 10 C. F. R. 50, Aopendix E, since they may l provide evidence of the effect on evacuation times for the population within ten miles of the traffic bottlenecks at the Sagamore and Bourne 3taries and spontaneous or ordered l

evacuation off of Cape Cod.

The Applicants' Response to the Commonwealth's Request for the Production of Documents is also defective on its face , for it f ails to identify those documents responsive to requests 2-4

which Applicants claim to be privileged , confidential or classified or to constitute work product, as required by 10 C . F. R. S 2. 74 0 (d) . In the absence of such identification,the Cc7monwealth and this Board are unable to determine whether , in fact, those privileges have been properly claimed.

The Commonwealth believes that its document requests are sufficiently particularized and descriptive nf the materials reques ted . The fact that Applicants have been able to identify Boston Edison employees and consultants whose files contain or may contain materials responsive to those requests is certainly evidence of this fact. Any burden imposed is not undue , given the grave significance of the issues in this case, and can be relieved by provision that the Commonwealth, rather than the Applicants, will conduct the search of relevant files.

For the reasons stated herein and in the Commonwealth's prior discovery pleadings , the Commonwealth hereby moves for an order compelling the Applicants to produce documents pursuant to the Commonwealth's request.

' Respectfully submitted, By b /L- ^ ~

JgAt NN SHOTWELL Msistant Attorney General Environmental Protection Division Public Protection Biareau Depar tment of the Attorney General One Ashburton Place ,19th Floor Boston , Massachusetts 02108 Dated: Augus t 14, 1981 (617) 727-2265

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l )

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iSTON EDISON COMPANY et al. ) Docket No. 50-471

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

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l CERTIFICATE OF SERVICE I hereby certify that the within Motion has been served on the following by deposit of copies thereof la the United States Mail, first class mail, postage prepaid this 14th day of l August, 1981:

Andrew C. Goodhope, Esq. denry Herrman, Esq.

Chairman Poom 1045 Atomic Safety and $$ Congress Street Licensing Board Boston, Massachusetts 02109 3320 Estelle Terrace Wheaton, Maryland 20906 Mr. & Mrs. Alan R. Cleeton 22 Mackintosh Street Dr. A. Dixon Callihan Franklin, Massachusetts 02038 Union Carbide Corporation P.O. Box Y William S. Abbot, Esq.

Oak Ridge, Tennessee 37830 Suite 925 50 Congress Street Dr. Richard F. Cole Boston, Massachusetts 02109 Atomic Safety and Licensing Board Thomas G. Dignan, Jr., Esq.

U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Washington, D.C. 20555 Boston, Massachusetts 02110 Patrick J. Kenny, Esq. Atomic Safe'cy- and Licensing Edward L. Selgrade, Esq. Appeal Board-Deputy Director U.S. Nuclear Regulatory Mass. Office o? nergy Commissi an

, Resources Washington, D.C. 20555 1

73 Tremont Street Boston, Massachusetts 02108

O Atomic Safety and Licensing Office of the Secretary .

Board Panel Docketing and Service Section U S. Nuclear Regulator 5' U.S. Nuclear Regulatory Commission Commission Washing. ton, D.C. 20555 Washington, D.C. 20555

, Chief Librarian Jack R. Goldberg Plymouth Public Library Office of the Executive North Street Legal Director Plymouth, Massachusetts 02360 U.S. Nuclear Regitlatory Commission William S. Stowe, Esquire Washington, D.C. 20555 Boston Edison Company 800 Boylston Street Thomas S. Moore , Chairman Boston, Massachusetts 02199 Atomic Safety and Licensing Appeal Board Francis S. Wright, Esquire

U.S. Nuclear Regulatory Berman & Lewenberg i Commission 211 C'agress St.

Washington, D.C. 20555 Boston, Massachusetts 02110 Christine N. Kohl, Esquire Dr. John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing i Appeal Board Appec.1 Board

! U.S. Nuclear Regulatory U.S. Nuclear Regulatory l Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 l Stephen H. Lewis R. K. Gaa III

! U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street GCfice of the Executive Boston, Massachusetts 02110 Legal Director l Washington, D.C. 20555 1

Michael Bloom

( U.S. Nuclear Regulatory l Commissior.

l Office of the Executive Legal Director Washington, D.C. 20555

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y Ann Shotwell Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265