ML20024D226

Response Opposing Joint Applicants Motion to Compel Answers to interrogatories.Wide-ranging Fishing Expedition Should Not Be Allowed.W/Certificate of Svc

ML20024D226
Person / Time
Site:	Palo Verde
Issue date:	07/29/1983
From:	Berlin K WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8308030336
Download: ML20024D226 (6)

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ARIZONA PUBLIC SERVICE ) Docket . v 30 . 50-529 COMPANY, et al. ) STN 50-530

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(Palo Verde Nuclear Generating )

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WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.'S RESPONSE TO JOINT APPLICANTS' MOTION TO COMPEL West Valley Agricultural Protection Council, Inc. (" West Valley") submits this memorandum in opposition to Joint Applicants' motion to compel West Valley to answer certain interrogatories.

Prior to the filing of this memorandum, on June 29, 1983, West Valley filed a motion for protective order covering all of the interrogatories listed in Joint Applicants' motion to compel.

Through a transcription errors however, a footnote containing the specific interrogatories which West Valley intended to include in the protective order was omitted. For purposes of this memorandum, it is sufficient to note that West Valley intended the protective order motion to cover all interrogatories listed in Joint Applicants' answer.

West Valley's motion for a protective order fully analyses why West Valley believes that Joint Applicants are not entitled to answers to the interrogatories listed in their motion. West Valley has the following additional specific comments about Joint Applicants' motion.

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Interrogatories 1 and 3 These interrogatories seek the identity of West Valley directors and members. The only ground set forth in the petition explaining the need for this information is that these individuals may have knowledge about discoverable information. The motion, however, does not state a single example of such information.

Instead, by this motion, Joint Applicants seek approval from the Board for a wide ranging fishing expedition that , at this stage of discovery, can only be accomplished through the taking of deposition of West Valley members. permission to engage in this fishing expedition would result in the potential for considerable abuse. Joint Applicants could, for example, take the depositions of 50 to 100 individuals.

Joint Applicants have proposed no reason why they should be allowed to engage in this expedition. In fact, there are no such reasons. West Valley has stated that it does not intend to call its members as witnesses in this case.

Interrogatories 5 through 7 and 33 These interrogatories request information relating to l

salt drift on West Valley members' farms, including information l

l about: the parcels of land owned by West Valley that may be af fected l by salt drift deposition (No. 5); the amount and drift per acre i that will be deposited upon such parcels (No. 6); the method by i

which such deposition figures were calculated (No. 7); and which l

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I West Valley members within the area of the palo Verde Nuclear Generating Station ("PVNGS") are likely to be affected by salt deposition (No. 33). West Valley has objected to these interroga-tories on the ground that the effect of salt drift on West Valley members--as compared to all area agriculture--is irrelevant at this stage of the proceeding.

It is important to note that West Valley has not refused to provide information on salt drift deposition, including where it is likely to take place and the quantity of such salt deposition.

That information is contained in the report and model prepared by West Valley expert Dr. Edward Davis. As the Board is aware, the report has been available to Joint Applicants since the filing of the petition. The model itself has also been available to Joint Applicants since early in this matter when West Valley gave a copy of the computer tape containing the model to Joint Applicants' experts, the NUS Corporation. In addition, as part of document discovery in this case, West Valley is turning over to Joint Applicants an additional copy of the model. This model provides the data that answers each of the questions posed in Interroga-tories 5 through 7 and 33 with respect to all agricultural land in the vicinity of the pVNGS.

Interrogatories 21 through 24 These interrogatories relate to use of irrigation water by West Valley members. As pointed out in West Valley's motion for protective order, this information is available in public

records, some of which are from irrigation districts. In addition, the reasons why broad macro analysis of irrigation water use is far more appropriate than analysis of irrigation on individual farms is set forth in West Valley's motion for protective order.

Interrogatorv 75 This interrogatory seeks a precise definition of the term "near the plant" in West Valley's original Contention III.C(ii).

West Valley notes that this contention is no longer part of the case and that salt drift levels and 1ccations can be determined from the Davis model.

Conclusion For the foregoing reasons, the Board should reject Joint Applicants' motion.

Respectfully submitted, Dated: - .. N -

Kenneth Berlin ,

2550 M Street, N.W.

Suite 500 Washington, D.C. 20037 (202) 429-8501 Attorney for Petitioner West Valley Agricultural Protection Council, Inc.

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UNITED STATIS OF AMERICA

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(?alo Verde Nuclear Generating '-'

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached Petitioner West Valley Agricultural Protection Council, Inc.'s Response to Joint Applicants' Motion to Compel have been served upon the following listed persons by deposit in the United States mail, properly addressed and with postage prepaid, this 29th day of July 1983.

Robert M. Lazo, Esq., Chairman Warren Platt, Esquire Administrative Judge Snell & Wilmer Atomic Safety & Licensing Board 3100 Valley Center U.S. Nuclear Regulatory Comm. Phoenix, Arizona 85073 Washington, D.C. 20555 Docketing and Service Seccion Dr. Richard F. Cole Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Comm.

Atomic Safety & Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Lynne Bernabei, Esquire Government Accountability Project Dr. Dixon Callihan Institute for Policy Studies Administrative Judge 1901 Q Street, N.W.

Union Carbide Corporation Washington, D.C. 20009 P. O. Box Y Oak Ridge, Tennessee 37830

O e Rand L. dreenfield Edwin J. Reis, Esquire Assistant Attorney General Office of the Exec. Legal Dir.

P. O. Drawer 1508 U.S. Nuclear Regulatory Comm.

Sante Fe, New Mexico 87504-1508 Washington, D.C. 20555 Arthur Gehr, Esquire Lee Scott Dewey, Esquire Snell & Wilmer Office of the Exec. Legal Dir.

3100 Valley Center U.S. Nuclear Regulatory Comm.

Phoenix, Arizona 85073 Washington, D.C. 20555 Dated-D

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Geri L. Kelly Secretary to:

Kenneth Berlin Attorney at Law 2550 M Street, N.W.

Suite 500 Washington, D.C. 20037 (202) 429-8501 Attorney for Petitioner West Valley Agricultural Protection Council, Inc.

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