ML20010H243

Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence

ML20010H243
Person / Time
Site:	05000471
Issue date:	09/14/1981
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109240258
Download: ML20010H243 (5)

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UNITED STATES OF AMERICA v c9 f [

NUCLEAR REGULATORY COMMISSION .

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARDS /. /2, l

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, In the Matter of )

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

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

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Of MOTION OF THE COMMONWEALTH $

OF MASSACHUSETTS TO I SEP1 3; M * ~

COMPEL ANSWERS TO ITS - .

FIRST SET OF INTERROGATORIES {  ? Cf th sce7e3.,,

TO BOSTON EDISON COMPANY 9 & Seni:

RELATIVE TO TMI ISSUES y a t.T The Commonwealth hereby moves that the Board compel ,

complete and responsive answers to the following l interrogatories contained in its First Set of Interr.ogatories to Poston Edison Company Relative to TMI Issues.

1 Interrogatory #1 The Commonwealth asked BE Co. to indicate whether, in its opinion, the Applicants have complied with each and every 1 1

information requirement contained in Appendix B to NUREC-0718, l Rev. 1, identifying each fact upon which it relies for its I

answer and every document which supports each fact so identified. The Commonwealth is unable to confirm f rom BE o3 Co.'s answer that it has in fact identified all documents 5 supporting the facts upon which it relies. /

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BE Co.'s answer to interrogatory No. 1 refers the reader to certain sections of the PSAR for the facts upon which it bases its conclusion that each and every requirement of NUREG-0718, Rev. 1, App. B has been satisfied. With respect to some of the requirements, BE Co. then lists certain documents as supporting its answer. However, because of the language preceeding these listings, it is impossible to determine whether all documents supporting the facts contained in the ref erenced PSAR sections have been identified. To the extent they have not, the Commonwealth moves for an order compelling their identification.

Interrogatory #2 The Commonwealth asked in this interrogatory for identification of documents relating to communications between the Applicants, Combustion Engineering ( " CE " ) or Bechtel and the NRC, between the Applicants and CE, between the Applicants and Bechtel, between the Applicants and the CE Owners Group, or between CE and the CE Owners Group relating to any of the l

information requirements contained in NUREG-0718, Rev.1, App. B or the original version of that Appendix. BE Co. has 1

objected, without stating any grounds, to identifying anything but the principal documents (and documents referenced therein) relied upon by the Applicants at the time Amendment 43 to the PSAR was prepared.

e-The Commonwealth moves for an order compelling a complete response to this interrogatory. The Commonwealth is, of course, more interested in communications which evidence difficulties in satisfying the information requirements than in communications which BE Co. would rely upon to attempt to prove their satisfaction. Hence, those documents which BE Co. has chosen to identify are those which it knows to be of relatively less interest to the Commonwealth. This interrogatory is drafted so as to apply only to communications among specifically named parties which relate to specific requirements contained in the Appendix of one document. As such, it is highly specific and does not impose an undue burden on the Applicants.

Interrogatory No. 8 BE Co.'s answer to this interrogatory cross-r7ferences its answer to Interrogatory #2. For the reasons outlined above with respect to interrogatory #2, the Commonwealth moves for an order compelling a complete response to this interrogatory.

Respectf ully submitted, By: -J -

V JO/p N SHOTWELL Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Dated:

'7y 7g7gjBoston, Massachusetts 02108

, [Mr' (617) 727-2265 j

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

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In the Matter of )

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BOSTON EDISON COMPANY et al. ) Dock,et No. 50-471

)

(Pilgrim Nuclear Generating )

Station, Unit 2) )

)

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

Andrew C. Goodhope, Esq. Henry Herrman, Esq.

Chairman Room 1045 Atomic Safety and 50 Congress Street <

Licensing Board Boston, Massachusetts 02109 3320 Estelle Terrace Wheaton, Maryland 20906 Mr. & Mrs. Alan R. Clecton 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 Safety and Licensing Edward L. Selgrade, Esq. Appaal Board Deputy Director U.S. Nuclear Regulatory Mass. Office of Energy Commission Resources Washington, D.C. 20555 73 Tremont Street Boston, Massachusetts 02108 l

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Atomic Safety and Licensing Office of the Secretary Board Panel Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chief Librarian l Jack R. Goldberg Plymouth Public Library l Office of the Executive North Street l Legal Director Plymouth, Massachusetts 02360 U.S. Nuclear Regulatory 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 Commission 211 Congress St.

Washington, D.C. 20555 Boston, Massachusetts 02110 Christine N. Kohl, Esquire Dr. John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Stephen H. Lewis R. K. Gad III U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Of fice of the Executive Boston, Massachusetts 02110 Legal Director Washington, D.C. 20555 Michael Blume U.S. Nuclear Regulatory ..

Commission Office of the Executive .

Legal Director Washington, D.C. 20555 t , . dw du

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Jo nn Shotwell

A stant Attorney General E ironmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265

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