ML20027C311
| ML20027C311 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/13/1982 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Wilt D SUNFLOWER ALLIANCE, WILT, D.D. |
| References | |
| ISSUANCES-OL, NUDOCS 8210150275 | |
| Download: ML20027C311 (3) | |
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NUCLEAR REGULATORY COMMISSION
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October 13, 1982 Daniel D. Witt, Esq.
Attorney for Sunflower Alliance, Inc.
P.O. Box 08159 Cleveland, Ohio 44108 In the Matter of CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.
(Perry Nuclear Power Plant, Units 1 and 2)
Docket Nos. 50-440 OL, 50-441_ OL
Dear Mr. Witt:
I recently received a copy of Sunficwer's " Third Set at !nterrogatories (with Requests for Production of Documents) to NRC Staf f "in which Sunflower sets forth thirty-five more interrogatories and/or requests for documents pur:orted to be relevant to Issue #3.
However, except for No.19 Sunflower's discovery requests are much broader than Issue #3 and objectionable on that basis. As the Licensing Board clearly stated in its l
Memorandum and Order dealing with objections to its Special Prehearing Conference Order:
Applicant is correct in stating, however, that the admission of
[ Issue 3] was intended to be limited to the quality assurance implications arising from the stop work order issued to it and the steps taken by it to remedy alleged deficiencies leading up to the stop work order. Sunflower did not provide the basis for any other allegations relating to quality assurance.
It will not be permitted to launch a generalized attack on the Applicant's entire quality assurance program.
Its license to explore is limited to the stop work order, steps taken to remedy [the] deficiencies that led to that order, and residual deficiencies related thereto.
LBP-81-35, 14 NRC 682, 687 (1981).
Therefore, the Staff will not voluntarily respond to any of the discovery requests in Sunflower's " Third Set" except No.19.
As you may be aware, discovery against the NRC Staff is on a different footing than that against other parties.
Staff documents and records that are relevant to licensing proceedings, with limited exceptions, are routinely made available in the NRC Public Document Room.
10 CFR 2.790(a). The Rules of Practice limit document discovery against the Staff to items in the possession or control of the Staff that are neither made available in the PDR nor reasonably t
obtainable from another source (10 CFR 2.744) and allow interrogatories to l
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l be addressed to the Staff only with the advance 1 of the Licensing Board upon its finding that the answers to +he i jatories are both necessary to a proper decision in the proceeding u,
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sonably obtainable from any other source (10 CFR 2.720(b)(2)(ii)).
See also Per.nsylvania Power and Li ht Company (Susquehanna Steam f lect ric Station, S
Units 1 and 2), KLKB-613, f2lhfC TIT, 323 (1980)
The Staff believes that it has been cooperative in voluntarily rest. ding to reasonable discovery requests by Intervenors and will continoe vol
.arily to respond to requests that it deems not to ba objectionable, i.e., requests to which responses could be required by the Licensing Board under the Rules of Practice. Hav.ever, Intervonors should not blithely assume that responses to all requests to which the Staf f has not fonnally objected will Sa volanteered.
Sincerely, James M. Cutchin, IV Coun.
for NRC Staff cc: Service List I
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NRC FORM 318 (10 8OI N R C M O 2 4 0 OFFICIAL RECORD COPY
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be addressed to the Staff only with the advance permission of the Licensing i
Board upon its finding that the answers to the interrogatories are both l
necessary to a proper decision in the proceedin obtainable from any other source (10 CFR 2.720(g and not reasonably h)(2)(ii)). See also Pennsylvania Power and Light Company (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613, 12 NRC 317, 323 (1980).
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The Staff believes that it has been cooperative in voluntarily responding to reasonable discovery requests by Intervenors and will continue voluntarily l
to respond to requests that it deems not to be objectionable, i.e., requests j
to which responses could be required by the Licensing Board under the Rules of Practice. However, Intervennrs should not blithely assume that responses to all requests to which the Staf# has not formally objected will be i
volunteered.
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Sincerely,
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Janes M. Cutchin, IV Counsel for NRC Staff cc: Service List t
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