ML20027E504

Motion for Leave to File Third Set of Interrogatories & Requests to Produce NRC Documents & for Order from Presiding Officer to Require NRC to Respond.Proof of Svc Encl.Related Correspondence

ML20027E504
Person / Time
Site:	Perry
Issue date:	11/10/1982
From:	Wilt D SUNFLOWER ALLIANCE, WILT, D.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8211150438
Download: ML20027E504 (4)

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• REr.ATED CORRESPOND 1t'7T SN!D

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Before 'the Atomic Safety and Licensing Board In the Matter of ) Docket Nos. 50-440-OL'

) 50-441-OL CLEVELAND ELECTRIC ILLUMINATING )

s' COMPANY, et al )

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

MOTION FOR LEAVE TO FILE WITH THE PRESIDING OFFICER SUbTLOWER ALLIANCE THIRD SET OF INTERROGATORIES (WITH REQUESTS FOR PRODUCTION OF DOCUMENTS) TO NRC STAFF AND FOR AN ORDER FROM THE PRESIDING OFFICER TO REQUIRE THE NRC STAFF TO RESPOND On or about September 30, 1982, Sunficwer Alliance Inc., et al, filed its Third Set of Interrogatories (with Request for Production of Documents) cith the NRC Staff. Sunflower has been advised by the NRC Staff Attorney that the NRC Staff will not voluntarily respond to this discover request.

For the reasons following, Sunflower requests from the Presiding Officer i

an order requiring the NRC Staff to respond to this discovery request.

10 CFR 2.720(h)(2)(ii) provides that a party may file interrogatories with the Presiding Officer and the Presiding Officer may order the Staff to respond. Before the Presiding Officer may do this, there must be a l

finding that the answers to the interrogatories are necessary to a proper decision in the proceeding and that the answers are not reasonably obtainable from any other source.

This discovery request involves issue #3. Issue #3 states: Applicant l

has an inadequate quality assurance program that has caused or is continuing

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to cause unsafe construction. This issue has an interesting history. The above language constitutes the language of the contention as admitted by this Board's order dated July 28, 1981. By an order dated September 10, 1981, this Board limited this issue 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 (February, 1978). Sunflower has filed two motions to expand the Quality Assurance contention and in each case this Board has denied the Motions. The reason

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given is that theissueisnotyetripeforresAlution.Yet, at the same time, the Board stated that discovery would extend beyond the. technical limitations of the February, 1978 stop work order. In its March 3, 1982 order, the Board" wrote:

b ...In that context relevance may be broadly interpreted in the interests of full disclosure and it is doubt-ful that serious discovery requests, related to the safety or environmental consequences of quality defic-iences would be irrelevant to the admitted contention.

Even old deficiencies may be related to the damage that may have been caused by the quality assurance problems leading to the stop work order. More recent deficiencies may be related to the effectiveness of the steps taken to remedy the previous deficiencies...

Thus, even though the Board limited the contention it did not limit the scope of discovery. The scope of discovery has been broadened to cover all aspects of the Applicant's Quality Assurance Program.

10 CFR 50.57(a)(1) states that before a license can be issued there must be a finding that construction of the f acility has been done in compliance with the rules and regulations of the Commission. 10 CFR 50.34 includes within the contents of an application a quality assurance pro-gram. Appendix B to Part 50 of 10 CFR details quality assurance criteria.

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The purpose of a Quality Assurance program is two-fold:

...The quality assurance functions are those of (a) assuring that an appropriate quality assur-ance program is established and effectively executed and (b) verifying, such as by checking, auditing, and inspection, that activities affecting the safety related functions have been correctly performed.. 10 CFR Part 50, Appendix B.

f Thus, it is appropriate to a decision in this case that Applicant's

-Quality Assurance program be effectively executed.

Interrogatories 1, 2, 3,4,5,6,8,9,10,11,12,13,14,15,16,18,18 (A) ,19, 20,21,22,23,24,26,28,29,31,32,33,34, and 35 all deal in one way or another with Quality Assurance. A Quality Assurance program entails:

...The applicant shall identify the structures, systems, and components to be covered by the quality assurance program and the major organizations participating in the program, together with the designated functions of these organizations. The quality assurance program shall provide control over activities affecting the quality of the identified structures, systems, and c'omponents, to an extent consistent with their importanc'e to safety. Activities affecting quality shall be accomplished under suitably , controlled conditions... 10 CFR, Part 50, Appendix B.

The propounded interrogatories seek to discover how well the controlled activities worked. As such, the information sought is necessary to a proper decision in this matter.

The next requirement is that the information not be readily available elsewhere. Interrogatories 1,2,3,4,5,6,8,9,10,12,13,14,15,16,18,18(A),

19,20,21,22,23,24,26,28,31,32,33,34,35 can only be answered by an appropriate official of the Staff. The information simply is not available anywhere else on a reasonable basis.

For these reasons, Sunflower requests that this Motion be granted.

Respectfully submitted, .

6.

g 4-A/J Y /tl f Danfel D. Wilt, piq. '

Atdorney for Sudflower Alliance Inc.

P.O. Box 08159 Cleveland, Ohio 44108 (216) 249-8777 PROOF OF SERVICE g

- The undersigned certifies that a copy of t is Motion has been sent to all persons on the Service List on this (O day of N ovember, 1982.

OhAn /f '

Dan TD." Wilt, [Esq. '

Att ney for Su6 flower Alliance Inc.

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