ML20030D385
| ML20030D385 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 08/31/1981 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Semmel H ANTIOCH SCHOOL OF LAW, WASHINGTON, DC |
| References | |
| NUDOCS 8109010333 | |
| Download: ML20030D385 (3) | |
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August 31, 1981 r-Herbert Secoel, Esq.
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S In the flatter of CONSUf1ERS POWER COMPANY c,/ /*r o
(Big Rock Poinu Plant)
Docket No. 50-155 (Spent Fuel Pool flodification)
Dear fir. Sennel:
On August 10, 1981, the Staff was served with a docuuent entitled "Christa-11 aria, et al., Interrogatories to the United States Huclear Regulatory Cor.nission Staff." That document requested that the Staff answer approximately 203 interrogatories, including all the subparts of the 64 nuabered interrogatories, pursuant to 10 C.F.R. s 2.740 of the Cor.nission's regulations. The filing of that document upon the Staff does not comply with the procedural requirements of the Cocuission's regulations governing 01scovery against the Staff for the reasons discussed below. This letter is to inform you tnat since the service of the interrogatories controvenes the Cocnission's Rules of Practice, the Staff objects to responding to these interrogatories and shall not answer them.
The Cor.nission's W 'f Practice specifically exempt the Staff from responding to intei rogatories except as provided by 10 C.F.R. 9 2.720(h)(2)(ii). See 10 C.F.R. 9 2.740b(a). The provisions of 10 C.F.R.
b 2.720(h)(2)(11) are as follows:
[AJ party may file with the presiding officer written interrogatories to be answered by HRC personnel with knowledge of the facts designated by the Executive Director for Operations.
Upon a finding by the presiding officer that answers to interrogatories are necessary to a proper decision in the proceeding and that answers to the interrogatories are not reasonably obtainable from any other source, the presiding officer may require that the staff answer the interrogatories.
This rule, as well as other regulations relating to seeking discovery against the Staff, was explained by the Appeal Board as follows:
Discovery against the staff is on a different footing. With linited exceptions, Cornission regulations make staff docurcents that are relevant to licensing proceedings routinely available in the HRC Public
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10 CFR 2.790(a). The contemplation is that these "should reasonably disclose the basis for the staff's position," thereby reducing any need for formal discovery. Reflective of that policy, the Rules of Practice lirait docunentary discovery against the staff to iteras not reasonably obtainable frora other sources,10 CFR 2.744; require a showing of " exceptional circumstances" to depose staff personnel,10 CFR 2.720(h) and 2.740a(j); and allow interrogatories addressed to the staff-only "where the information is necessary to a proper decision in the Case and not obtainable elsewhere." See 10 CFR 2.720(h)(2)(11).
In addition, the licensing board's advance permission is needed to depose staff aeabers or to require the staff to answer written interrogatories.
(Citations omitted).
Pennsylvania Power and Light Co., et al.
(Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613,12 liRC 317, 323 (1980).
In sua, interrogatories to the Staff raust be filed with the presiding officer. The presiding officer may require the Staff to answer certa %
interrogatories if it is found that the answers are necessary to a ;, roper decision in the proceeding, and that answers to the interrogatories are not x reasonably obtainable froia any other source.
Since you did not ask the Licensing Board to require the Staff to answer this large number of interrogatories, many of which are quite burdensome, the Board has not had an opportunity to make the above-mentioned findings.
In light of our inability to come to any agreement concerning responding to these interrogatories, we object to answering them until the Board has been given an opportunity to make these findings.
Although we have answered a very limited nunber of interrogatories filed by Christa-Maria in the past, those responses in no way relieved you of following 10 C.F.R. s 2.720(h)(2)(ii). Those interrogatories were answered since they were very few in number ar.d did not require the massive cotraitment of Staff time and resources which respending to your present interrogatories would necessitate. Because of the nature of your present filing we are unable to cooperate as we have in the past, and must await a Board order requiring us to answer sorae or all of your interrogatories.
In reading through your interrogatories, it also appears to the Staff that many of the interrogatories request inforuation beyond the subject matter involved in any admitted contention. These requests are, of course, objectionable for this reason (see 10 C.F.R. s 2.740(b)) aside from the Staff's objection to your failure to cc nply with the procedural requirements of the Cor.vaission's regulations.
In the event you decide to refile any interrogatories in the manner which satisfies the Comission's procedural requirements, the Staff
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reserves the right to.'eview those interrogatories and make any appronriate objections.
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Sincerely, J
Janice E. !!oore i
Counsel for NRC Staff t
cc: See big Rock Service i.ist NRC Central 0 ELD FF (2)
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