ML20010F392
| ML20010F392 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 09/03/1981 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | JOINT INTERVENORS - CALLAWAY |
| References | |
| NUDOCS 8109100128 | |
| Download: ML20010F392 (6) | |
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09/03/81 e
g UNITED STATES OF MERICA
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ildCLEAR REGULATORY C0!! MISSION r
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-9 BEFORE THE ATOM F SAFETY AND '_ICENSlilG BOARD
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I T, v.s.g,5,yyg In the Matter of
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UllION ELECTRIC C0!!PANY
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Docket Hos. STN 50-4 4
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STN 50-486 (Callaway Plant, Units 1 and 2)
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OBJECTIONS OF THE NRC STAFF TO JOINT INTERVENORS' SEC0llo SET OF INTERROGATORIES Coalition for the Environment, St. Louis Region, Missourians for Safe Energy,..id Crwdad Alliance (hereafter " Joint Intervenors") have propounded thirteen interrogatories to the NRC Staff, as part of the second round of discovery in this proceeding. The Staff's response to these requests is due on September 10 M 81. As required 11 the Special Prehearing Conference Order of April 21, 1981, the Staff, herewith files its objections to the Joint Intervenors' oforementioned discovery.
In.errogatory 6(b)
Joint Litervenors' Interrogatory 6(b) provides:
NCR Number 2-1532-C-B is listed by the Applicant in response to Joint Irtervenors' Interrogatory 81 as one of nine NCRs outstanding on November 21, 1977, but is not included in the NRC Staff's Appendix B dnu Was Oot produced by Applicant in response to Interrogetory 60 as one of the 23 NCRs in the third lift.
Please, explain.
Response
The Staff objects to the portion of this interrogatory to the extent it regt 0sts the Staff to explain why a particular document was apparently a109100129 810903
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T-not produced by the Applicant in Applicant's separate response to a sepa-rate interrogatory propounded by Joint Intervenors to Applicant.
10 C.F.R. 9 2.720(h)(2)(ii) of the Connission's Rules of Practice only permits
'I discovery against the Staff of information, inter alia, that is not reasonably obtainable from any other source. The requested information as to why Applicant may not have produced a certain document is obtain-able directly from the Applicant.
Accordingly, the Staff objects to this aspect of Interrogatory 6(b).
Interrogatories 7a,10b 10d 10g Interrogatories 7a,10b,10d, and 10g provide in pertinent parts:
7.
State whether NRC Staff members Eugene Gallagher and James Foster were accompanied by William Smart, ironworker, at the Callaway site on January 3, 1978, during the Staff's visual inspection of the fourth lift reinforcing steel placement of the Reactor Building exterior wall.
a.
If the answer :s affirmati-1xplain why a mention of this date was or.,..ed from NRC Report 78-01 10.
b.
State whether the NRC Staff was accompanied by William Smart, Daniel ironworker, during an other inspection 9s) y 3,1978, and/or any inspection on Januarof the fourth lift rein-forcing steel.
If the answer is affirmative, state the date(s) of each of the inspections.
10.
d.
State the date of the fourth lift pour.
10.
g.
If the answer to (f) above is affirmative, state the number of manhours expended by the Applicant on the replacement or reworking of the reinforcing steel.
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Response
For the reasons described in th3 Staff's objections to Interrogatory 6(b) based upon the provisions of 10 C.F.R. 5 2.720(h)(2)(ii), the Staff also t'
objects to Joint Intervenors interrogatories 7a,10b,10d, and 10g.
Interrogatory 7a inquires as to "whether NRC Staff members Eugene Gallagher and James Foster were accompanied by William Sr.. art, ironworker, at the Callaway site on January 3,1978..." As aforementioned, 10 C.F.R. 6 2.720(h)(2)(ii) only permits discovery of the Staff of information not reasonably obtainable from any other source. The information requested here is obtainable directly from Mr. Smart.
Interrogatory 10b also asks whether Mr. Smart accompanied the HRC Staff during an inspection of January 3, 1978 (and subsequent inspections) pertaining to "the fourth lift reinforcing steel." Again, since this information is reasonably obtainable from Mr. Smart, discovery of this information from the NRC Staff is precluded.
Likewise, in interrogatory 10(d), Joint Intervenors' ask for "the date of the fourth lift pour." Su h information is reas'onably obtaineble from the Applicant and hence discovery of that information from the NRC 1
Staff is precluded by 10 C.F.R. 5 2.720(h)(2)(ii).
In addition, in interrogatory 10(g), Joint Intervenors' inquire into the number of manhours expended by the Applicant "on the replacement or reworking of the reinforcing steel." As such information is reasonably obtainable from the Applicant, discovery of that information from the NRC Staff is precluded by l'O C.F.R. 9 2.720(h)(2)(ii).
Interrogatory 12(c)
As amended by letter dated August 21, 1981, Joint Intervenors' inter-rogatory 12(c) states:
. 6-Has the surveillance and inspection of supplied items for the Callaway Plant by Bechtel and Code Authorized fluclear Inspectors been suff ;ient to assure the structural integrity of safety related items.
i Response' The Staff objects to interrogatory 12(c). -The interrogatory as amended is so vague as not to be understandable. The phrase " supplied items" is vague and not defined. Obviously, " Code Authorized Nuclear Inspectors" do not supply items for Callaway Plant, Unit 1.
Perhaps more fundamentally, discovery in NRC proceedings must be relevant to the con-tentions in controversy or likely to lead to the discovery of admissible W
See Allied-General fiuclear Services et al. (Barnwell Fuel evidence.
Receiving and Storage Section), LBP-77-13', 5 NRC 489 (1977). There has been no demonstration of how any such "Bechtel supply items" relate to the admitted contentions. Moreover, interrogatories propounded to the 7
HRC Staff must meet the additional test that, the answers thereto must be 4
necessary to a proper decision in this proceeding.
See'10 C.F.R. 9 2.720(h)(2)(ii). An affirmative response to that test established by the applicable Commission regulations has not been demonstrated, and is not evident from interrogatory 12(c) as amended.
For all of the above delineated reasons, the Staff also objects to inturogatory 12(c).
Respectfully submitted, Roy P. Lessy Deputy Assistant Chief Hearing Counse!
Dated at Bethesda, Maryland this 3rd day of September,1981.
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e Uillit:0 SIMES OF NIERICA s
- UCl.l:AR I CGUI.Af0RY CO:ullSSION ill. TONE Tile MO: llc SAFLfY AND LICENSING 00ARD intheli'[terof V4101 1:1.1.CTRIC C0; ira 1Y
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Docket !!os. Sill 50 a J3
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STN S0-186 (Callu,tay Plant, Units 1 and 2'i
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s CERTIFICATE OF SERVICE I hereby certify that copies of "0BJECTIONS OF THE NRC STAFF TO JOINT INTERVENORS' SECOND SET OF INTERR0GATORIES" in the above-captioned pro-ceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deoosit in the Nuclear Regulatory Comission's internal mail system, this 3rd day of September,1981:
b ues P. Gleason, Esq., Chairuan.
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Aduinistrative Judge Barbara Shull Atn'aic Safety and Licensing Goard Lenore Loeb 513 Giluo.tre Drive 1.cague of ','onen ' Voters of liissouri Silver Sprini;,110 20001 2133 '.loedscn Road St. Louis, l'0 63114 tir. Glann 0. 3right*
Aduinis trative Judge Atomic Safety and Licensing Board ilarjoric Reilly, U.S. Nuclear Regulatory Couuission Energy Chairaan of the I.cague of Llashington, DC 205S5 llonen Voters of Univ. City, H0 7065 Pershing Avenue Dr. Jerry R. Kline*
'Jniversity City,110 G3130 t.d.nnis Leative Judge Atonic Safety and Licensing Board U.S. r:acicar 'legulatory Couaission Gerald Charnoff, Esq.
'!ashi:.; ton, DC 20S55 Thoaas A. Baxter, Esq.
Shaw, Pitts:an, Potts & Troubridge iir. John G. Reed 1G00 il Street, N.W.
Rt. 1 Washington, DC
?.0036 Kingdea City,110 65262 Dan I. Solef Trcva J. !!ccroe President, Coard of DirJtors A.ssistant General Ccansel for the Coalition for the Environnant, Ilissouri Public Service Cc;;:aission St. Louis Region P.O. Gox 360 5267 Delmar Boulevard Jefferson City, lid 65101 University City, i:0 63130 e
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- f Donald Pollinger,11 cuber Rose Levering.Iteuber l
ltissourians for Safe Energy Craudad Alliance 6267 Deluar Boulevard 7370a Dale Avenue l
Uaiversity City,110 63130 St. Louis,110 63117
- 1r. I' red I grekey Kenneth li. Chackes
' residing tJudge,11ontgomery County Chackes and floare l
Rural Route Attorney for Joint Intervenors
!!hinaland, (10 G5069 314 11.'Droaduay St. Louis,liissouri 63102 f'
!*:iyur liouard Stef f6n Cncuois,.140 65024 Professor William H. lliller
!!r. Earl Brown liissouri Kwas Section, School District Suparintendent Accrican lluclear Society P.O. Box 9
-ikpartnant of !!uclear Engineering Kingdom City,fl0 65252 1026 Engi:1 cring Building University of !.issouri
- 1r. Sauuel J. Birk i
h Colu../oia, lid 6S211 R.R. ill, Box 243 ilorrison,140 65061 lir. Harold Lottnan i
e Presiding Judge, Dasconade County
" chart G. !!right Rt. 1 Associata dodge, Eastern District 0, ensville,110 65066 County Court, Callauay County, l-iiissouri Eric A. Eisen, Esq.
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Birch, llorton, Bittner and !;onroe Fulton,110 65251 Suite 1100 1140 Cennecticut Aveaue,ii.W.
l Atomic Safety and Licensing
!!ashington, DC 20036 i: card Panel
- U.S.' 1;uclear "egulatory Coc.iission Docketing and Service Section*
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!?ashington, l':
20555 Office of the Secretary U.S. liuclear Regulatory Coic:.iission Atenic Safety and Licensing 1:ashington, DC-20555 Appe.'l Board
- U.S. ILiclear Regulatory Comission la::. Sins *on, DC 20555 Roy P. Lessy Deputy Assistant Chief Hearino Counsel l
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