ML20031D787
| ML20031D787 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 10/08/1981 |
| From: | Ridgway D KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20031D778 | List: |
| References | |
| NUDOCS 8110140190 | |
| Download: ML20031D787 (5) | |
Text
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October 8, 1981 0 \\fk j
O cOC:=rw UNITED STATES OF AMERICA
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007 { 3 g NUCLEAR REGULATORY COMMISSION Meuf ths &eferD
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Rhfr3&g3 Ice Before The Aton.ic Safety a.id Licensing Board g,73g In the Matter of
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KANSAS oAS & ELECTRIC COMPANY et al. ) Docket No. 50-482
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(Wolf Creek Generating Station,
)
Unit No. 1)
)
A P P I ".C A N T S ' MOTION TO COMPEL KASE ANSWERS TO APPLICANTS' INTERROGATORIES On August 19, 1981, Applicants served'upon intervenor Kansans For Sensible Energy ("KASE") a first set of interrogatories.
Applicants' interrogatories were addressed to, and generally de-signed to elicit the specific bases for, KASE's contention on financial qualifications and the evacuation planning contention of intervenors Salava and Christy.
Such interrogatories are clearly proper under the applicable Commission rules governing discovery.
In NRC proceedings, disc.'.very rules as between parties are to be construed liberally.
Commonwealth Edison Co._ (Zion Station, Units
'l & 2), ALAB-185, 7 A.E.C. 240 (1974).
In modern administrative and legal practice, pretrial discovery is liberally granted to enable the parties to ascertain the fc. cts in complex litigation, refine the issues, and prepare adequately for a more expeditious hearing or trial.
Pacific Gas & Electric Co. (Stanislaus Nuclear Project, Unit 1),
LBP-78-20, i N.R.C.
1038, 1040 (1978).
8110140190 811006 PDR ADOCK 05000432 Q
On September 24, 1981, KASE filed the " Answer of Interver.or Kansans For Sensible Energy To Applicants' First Set of Inter-rogatories" and the " Production of Documents 15/ Kansans For Sensible Energy," as well as KASE's " Objection To Interrogatories."
In this latter document, KASE objected to all interrogatories re-lating to evacuation planning, on the ground that KASE's contention addresses only Applicants' financial qualifications, not their evacuation planning.
KASE's objection to the evacuation planning interrogatories is witLait merit.
Generally, an intervenor may engage in cross-examination of witnesses dealing with issues not raised by that intervenor if the intervenor Las a discernible interest in the resolution of those issues.
Northern States Power Co. (Prairie Island Nuclea. 'ienerating Plant, Units 1 & 2), CLI-75-1, 3 N.R.C.
1 (1975); Northern States inwer Co. (Prairie Island Nuclear Generating Plant, Units 1 & 2), ALAB-244, 8 A.E.C. 357, 867-68 (1974).
Con-sistent with the Commission's Rules of Practice on discovery, Applicants' right to probe KASE's positions on evacuation planning is coextensive with any right KAST nay have to cross-examine any witnesses presented on the subject, Applicants are entitled to responses "c their evacuation planning interrogatories, to enable
%x, refine the issues,Naqd prepare them "to ascertain the facts * * *,
adequc*.ely for a more expeditious hearing" -- including any.teqss-1/
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examination by KASE on the subject of evacuation planning.-
1/
Should KASE wish to waive any rightJ it may have pursuant to the
' Prairie Island doctrine," KASE need only so state, in lieu of respond-ing to the evacuation planning interrogatories.
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Accordingly, Applicants move the Board for an order i
compelling KASE to respond fully to Applicants' Interrogatories EP-1 through EP-18.
Respectfully submitted, SHAW, PITTMAN, POTTS & TY WBRIDGE By i: G Jay E.
Silberg Delissa A. Ridgway Counsel for Applicants 1800 M StrSat, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
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I cants' right to probe Ms. Christy's positions on financial qualifications is coextensive with any right she rasy have to cross-examine any witnesses presented on the subject.
Applicants are entitled to responses to their financial qualifications inter-rogatories, to enable thCr. "to ascertain the facts * * *, refine the issues, and prepare adequately for a more expeditous hearing" --
including any cross-examination by Ms. Christy on the subject of 1/
financial qualificatione.-
Accordingly, ipplicants further move the Board for an order compelling Ms. Chi lsty to respond fully to Applicants ' Interrogatories FQ-1 through FQ-23.
Respectfully submitted, SHAU, PITTMAN, POTTS & TROWBRIDGE i
/- s.
-r O By Jay Silberg Delissa A. Ridgway Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
20036
'202) 822-10C0 DEted:
October 8, 1981 1/
Should Ms. Christy wish to waive any rights she may have pursuant to the "Prairio Island doctrine," Ms. Christy need only so ctate, in lieu of responding to the financial qualifications interrogatories.
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October 8, 190'
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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2:r; Before The Atomic Safety and Licensing B Q
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In the Matter of
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)
KANSAS GAS & ELECTRIC COMPANY et al. ) Docket No. 50-482
)
(Wolf Creek Generating Station,
)
Unit 'To.
1)
)
CERTIFICATE OF SERVI _CE I hareby certify that copies of 1.
Applicants' Motion To Compel Answers of Intervenor Christy To Applicants' Interrogatories 2.
Applicants' Motion To Compel Answers of Intervenor Salava To Applicants' Interrogatories, and 3.
Applicants' Motion To Compel KASE Answers To Applicants' Interrogatories were served upon those persons on the attached Service List b; l
deposit in the United States mail, postage prepaid, this 8th day of October, 1981.
s% oluw k
- b. 10LuA Lh _
'Deborah B.
Bauser Dated:
October 8, 1981 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board in the Matter of
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)
KANSAS GAS AND ELECTRIC CCMPANY, et al. ) Docket No. STN f,0 -4 8 2
)
(Wolf C 'ek Generating Statior.,
)
Unit Nu. 1)
)
SERVICE LIST James P.
Gleason, Esquire Kent M.
Ragsdale Chairman Gennral Counsel 513 Gilmoure Drive Missouri Public Service Silvur Spring, Maryland 20901 Commission P.O. Box 360 Dr. George C.
Anderson Jefferson City, Missouri 65102 Department of Oceanography University of Washington A.
Scott Cauger, Esquire Seattle, Washington 98195 Assistant General Counsel Missouri Public Service Dr. J. Venn Leeds Commission 10807 Atwell P.O. Box 360 Houston, Texas 77096 Jefferson City, Missouri 65102 Myron Karman, Esquire Eric A. Eisen, Esquire' Deputy Assistant Chief Birch, Horton, Bittner & Monroe Hearing Counsel 1140 Connecticut Avenue, N.W.
Office of the Executive Washington, D. C.
20036 Legal Director U. S. Nuclear Regulatory Commission C. Edward Pcterson, Eoquire Washington, D.
C.
20555 Assistant General Counsel Kansas Corporation Commission Atomic Safety and I.icensing Board State Office Building - 4th Floor U.
S.
Nuclear Regulatory Comn.ission Topeka, Kansas 66612 Washington, D. C.. 20555 John M.
Simpson, Esquire Atomic Safety and Licensing 4400 Johnson Drive Suite 110-Appeal Board Shawnee Mission, Kansas 66205 U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 Docketing and Service Section Office of the 3ecretary U.
S.
Nuclear Regulatory Commission Washington, D. C.
20555
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