ML20031G891
| ML20031G891 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/15/1981 |
| From: | Churchill B CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| Shared Package | |
| ML20031G886 | List: |
| References | |
| NUDOCS 8110260155 | |
| Download: ML20031G891 (15) | |
Text
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UNITED STATES 6F'" AMERICA
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b NUCLEAR REGULATORY COMMISSION
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k I' d ' sN Ir the Matter of
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G CLEVELAND ELECTRIC ILLUMINATING
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Docket Nos. 50-440 COMPANY, et al.
)
50-441
)
(Perry Nuclear Power Plant
)
(Operating License)
Units 1 and 2)
)
APPLICANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR OHIO CITIZENS FOR RESPONSIBLE ENERGY ("lRST SET)
These Interrogatories and Request for Production of Documents are filed by The Cleveland Electric Illuminating Company et al., (" Applicants") pursuant to the Atomic Safety and Licensing Board's ("the Board") Special Prehearing Confer-ence Memorandum and Order Concerning Party Status, Motions to Dismiss And To Stay, The Admissibility of Contentions, And The Adoption of Special Discovery Procedures, dated July 28, 1981
("SPC Memorandum and Order"), the Board's Memorandum and Order dated Septmber 9, 1981, and the Nuclear Regulatory Commission's Rules of Practice.
The interrogatories and document requests are directed toward Intervenor Ohio Citizens for Safe Energy
("OCRE") and pertain to one or more of the seven issues speci-fled on pages 97 and 98 of the SPC Memorandum and Order, as modified by the Septecher 9 Memorandum and Order.
The Interrogatories submitted herein are filed pursuant to 10 CFR S 2.740b which requires that the 81102601550110g5 PDR ADOCK 05000 0
l Interrogatories be answered separately and fully in writing under oath or affirmation, within 14 days cfter service.
The Interrogatories are intended to be continuing in nature and the answers must be immediately supplemented or amended, as appropriate, should the Intervenor obtain any new or differing information responsive to the Interrogatories.
The Request for Production of Documents is filed pur-suant to 10 CFR S 2.741, which requires that the Intervenor produce and either furnish copies of or permit Applicants to inspect and copy any documents responsive to the request and which are in the possession, custody or control of the Intervenor.
The Request for Production of Documents is also continuing in nature and the Intervenor must produce imme-diately any additional documents they obtain which s e respon-sive to the Requt at.
For purposes of these Interrogatories, the term
" document (s)" means all writings and records of every type in f
i the possession, control or custody of the Intervenor or of the Intervenor's attorney (s), including, but not limited to, memo-randa, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind.
" Doc umen t ( s ) " shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of the Interve-nur..
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= _. _ _ -
d For purposes of these Interrogatories, a document shall be deemed to be within the " control" of the Intervenor or of the Intervenor's attorney (s) if they have ownership, possession or custody of the document or copy thereof, or have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
When identification of a document is requested, briefly describe the document; i.e.,
letter, memorandum, book, pamphlet, etc., and state the following information as appli-cabic to the particular document: name, title, number, author,
date of publication and publisher, addressee, dare written or approved, and the name and address of the person (s) having possession of the document.
i INTERROGATORIES Issue No. 1 (Applicants' Emergency Evacuation Plans) 1.
State the name, present or last known address, and present or last known employer of each person known to you l
to have first-hand knowledge of the facts alleged in Issue No.
1.
The purpose of this Interrogatory is to identify persons knowledgeable about Issue No. 1 for possible future deposi-tions.
2.
(a)
State the name, address, title, employer l
and educational and professional qualifications of each person you intend to call as a witness on Issue No. 1.
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(b)
State the subject matter on which each such person is expected to testify.
(c)
State the substance of the facts and opinions to which each such person is expected to testify.
(d)
State a summary of the grounds for such opinions, and identify all documents upon which such person relies to substantiate such opinions.
See purpose statement for Interrogatory No. 1.
The purpose of this Interrogatory is also to clarify the scope of Issue No. I and to ascertain the factual bases wnich support each element of Issue No. 1. so that the Applicants adequately can prepare their response to the Issue.
3.
Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of Issue No.
1.
See purpose statement for Interrogatory No.
2.
4.
Identify all documente, including all relevant i
page citations, which you intend to offer as exhibits during this proceeding to support Issue No. 1 or which you intend to use during your cross-examination of witnesses presented by Applicant and/or the NRC on Issue No. 1.
[
See purpose statement for Interrogatory No.
2.
5.
(a)
State the factual bases for the claims that potassium iodide should be distributed to every household within ten miles of the Plant; see OCRE's Supplement to Its Petition For Leave To Intervene, dated April 30, 1981, Item 3
_4_
("OCRE Supplement"), and that potassium idodide should be stockpiled at two hospital 3; see Keriney Contention, item 10.
( b)
Identify all documents, including all relevant page citations, which you rely on to support your i
claims.
(c)
State the name, present or last known address, end present or last known employer of each person known to you to have first-hand knowledge of the factual basis for these claims.
(d)
State the name of each person you intend to call as a witness to support these claims.
See purpose statement for Interrogatory No. 2.
Issue No. 2 (Financial Responsibility) 6.
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the facts alleged in Issue No.
2.
The purpose of this Interrogatory is to identify persons knowledgeable about Issue No. 2 for possible future deposi-tions.
7.
(a)
State the name, address, title, emploter and educational and professional qualifications of each person you intend to call as a witness on Issue No. 2.
(b)
State the subject matter on which each such person is expected to testify.
(c)
State the substance of the facts and opinions to which each such person is expected to testify.
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(d)
State a summary of the grounds for such opinions, and identify all documents upon which such person relies to substantiate such opinions.
See purpose statement for Interrogatory No. 6.
The purpose of this Interrogatory is also to clarify the scope of Issue No. 2 and to ascertain the factual bases which support each element of Issue No. 2 so that Applicants adequately can prepare their response to the Issue.
8.
Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of Issue No.
2.
See purpose statement of Interrogatory No. 7.
9.
Identify all documents, including all relevant I
page citations, which you intend to offer as exhibits during this proceeding to support Issue No. 2 or which you intend to use during your cross-examination of witnesses presented by Applicants and/or the NRC on Issue No. 2.
10.
Explain precisely and give specific examples of
" reasonably foreseeable contingencies" as used in Issue No. 2.
See purpose statement for Interrogatory No.
7.
11.
(a)
State the legal basis for your contention that Applicants must be prepared to show at the time of filing the application for an Operating License for the Plant that they possess or reasonably may obtain funds to cover the costs of contingencies described in the answer to the preceding in-terrogatory. -
(b)
Identify all documents, including all relevant page citations, which yo1 rely on to support your claim.
(c)
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases for your claim.
(d)
State the name of each person you intend to call as a witness to support your claim.
See purpose statement for Interrogatory No. 7.
12.
(a)
State your estimate of the amount of funds 4
Applicants must show they possess or reasonably may obtain to cover the costs of each contingency described in your answer to Interrogatory No. 10.
(b)
Identify all documents, including all relevnnt page citations, which you rely on to support your i
claims.
(c)
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases for your claims.
(d)
State the name of each person you intend to call as a witness to support your claims.
See purpose statement for Interrogatory No.
7.
13.
(a)
Do you contend that Applicants will be unable to cover the costs of one or more of the contingencies described in the answer to Interrogatory No. 10. _
(b)
If your answer to the preceding 1
interrogatory is affirmative or othe-than negative, state each contingency for which Applicants will be unable to cover the costs and state the factual bases for your claims.
(c)
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual baaes for each of your claims.
(d)
State the name of each person you intend to call as a witness to support each of your claims.
See purpose statements for Interrogatory No. 7.
Issue No. 5 (Scram Discharge Volume) 14.
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the facts alleged in Issue No.
5.
The purpose of this Intortogatory is to identify persons knowledgeable about Issue No. 5 for possible future deposi-tions.
15.
(a)
State the name, title, employer and educational and professional qualifications of each person you intend to call as a witness on Issue No. 5.
(b)
State the subject matter on which each such person is expected to testify.
(c)
State the substance of the facts and opinions to which each such person is expected to testify. -.
(d)
State a summary of the grounds for such opinions, and identify all documents upon which such person I
relies to substantiate such opinions.
See purpose statement for Interrogatory No.14.
The purpose of this Interrogatory is also to ascertain with particularity the factual bases which support Issue No. 5 so that Applicants adequately can respond to the Issue.
16.
Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of Issue No. 5.
See purpose statement for Interrogatory No. 15.
17.
Identify all documents which you intend to offer as exhibits during this proceeding to support Issue No. 5 or which you intend to use during your cross-examination of witnesses presented by Applicants and/or the NRC on Issue No.
5.
See purpose statement for Interrogatory No. 15.
18.
(a)
State the factual bases for your claim that
" Applicants' reactor trip system is not protected against a pipe break to the scram diecharge volumes from the hydraulic control units"; OCRE Supplement, item 13.
( b)
Identify all documents you rely on to support this claim.
(c)
State the name, present or last known address, and present or-last known employer of each person known to you to have first-hand knowledge of the factual bases for each claim.
_9
(d)
State the name of each person you intend to call as a witness to support this claim.
See purpose statement for Interrogatory No. 15.
19.
(a)
Explain how Applicants allegedly must demonstrate the safety of the Plant's reactor from an unreco-verable loss of coolant accident resulting from a pipe break in the scram discharge volume and state the factual bases for your claims.
( b)
Identify all documents you rely on to support this claim.
(c)
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases for this claim.
(d)
State the name of each person you intend to call as a witness to support this claim.
See purpose statement to Interrogatory No. 15.
Issue No. 7 (Clam Biofouling) 20.
State the name, present or last known address, and present or last known employer of each percon known to you to have first-hand knowledge of the facts alleged in Issue No.
7.
The purpcse of this Interrogatory is to identify persons knowledgeable about Issue No. 7 for possible future deposi-tions.
21.
(a)
State the name, address, title, employer and educational and professional qualifications of each person you intend to call as a witness on Issue No.
- 7. __
(b)
State the subject matter on which each such person is expected to testify.
(c)
State the substance of the facts and opinions to which each such person is expected to testify.
(d)
State a summary of the grounds for such opinions, and identify all documents upon which such person relies to substantiate such cpinions.
See purpose statement for Interrogatory No. 20.
The purpose of this Interrogatory is also to clarify the scope of Issue No. 7 and to ascertain the factual bases which support each element of Issue No. 7 so that Applicants adequately can respcnd to the Issue.
22.
Identify all documents in your possession, custody or control pertaining to the subject matter of Issue No.
7.
See purpose statement for Interrogatory No. 21.
23.
Identify all documents which you intend to offer as exhibits during this proceeding to support Issue No. 7 or which you intend to use during your cross-examination of witnesses presented by Applicar.ts and/or the NRC on Issue No.
7.
See purpose statement for Interrogatory No. 21.
24.
(a)
State the factual and empirical bases for your claim that "There is at least a fifty percent chance that Lake Erie is suitable for corbicula"; OCRE Supplement, item 1.
( b)
Identify all documents you rely on to support this claim, including, but not limited to, research documents prepared by Mr. Jeff Alexander.
(c)
State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases i
for this claim.
(d)
State the name of each person you intend to call as a witness to support this claim.
See purpose statement for Interrogatory No. 21.
25.
(a)
State the educational and professional qualifications of Mr. Jeff Alexander.
( b)
Describe the nature of the research conducted by Mr. Alexander concerning corbicula flumi.e'a, including, but not limited to, research on the potential presence of corbicula in Lake Erie.
See purpose statement for Interrogatory No. 21.
26.
(a)
Do you contend that corbicula fluminea are likely to foul the Plant's auxiliary cooling systems?
(b)
If the answer to the preceding inter-rogatory is affirmative or other than negative, explain the factual bases for your claim.
(c)
Identify all documents, including relevant page citations, which you rely on to support this claim.
(d)
State the name, present or last known address, and preuent or last known employer of each person known to you to have first-hand knowledge of the factual bases for this claim.
(e)
State the name of each person you intend to call as a witness to support this claim.
o See purpose statement for Interrogatory No. 21.
2 '..
(a)
Do you contend that the Applicants' methods for detecting the presence of corbicula in the vicinity of the Plant, see Tr. 545-50, are inadequate to locate either the full grown clams or their larvae?
( b)
If the answer to the preceding inter-rogatory is affirmative or other than negative, explain why such methods are inadequate and state the factual bases for your claims.
(c)
Describe any detection inethods which you contend are more effective than those used by the Applicants, and state the factual bases for your claims.
(d)
Identify ;11 documents you rely on to support your enswers to Interrogatory Nos. 26(a)-(c).
(e)
State the name, present or last known address, and nresent or last known employer of each person known to you to have first-hand knowledge of the factual bases of these answers.
(f)
State the name of each person you intend to call as a witness to support these answers.
See purpose statement for Interrogatory No. 21.
General interrogatories Pertaining to Issue Nos. 1, 2,
5 and 7 28.
State the name, title or position, address and employer of each person who provided information used in preparing responses to any of the foregoing interrogatories.
The purpose of thdo Interrogatory is to identify persons knowledgeable about each issue for possible future depositions.
29.
For each perron idcntified in response to the preceding interrc atcry, state the numbers of the interroga-tories for which information was supplied.
See purpose statement for Interrogatory No. 28.
l 30.
State the name, title or position, address and employer of each person who searched for documents in order to respond to any of the foregoing requests for identification of documents.
See purpose statement for Interrogatory No. 28.
31.
For each person identified in response to the preceding interrogatory, state the numbers of the interroga-tories for which the search was conducted and the location where the search was conducted.
See purpose statement for Interrogatory No. 28.
32.
Identify any written or recorded statement of any individual pertaining to the subject matter of Issees 1, 2,
5 and 7, not previously identified in response to the foregoing interrogatories.
See purpose statement for Interrogatory No.
28.
REQUEST FOR PRODUCTION OF DOCDMENTS Applicants request that Intervenor respond in writing to the following request for production of documents and produce the original or best copy of each of the documents requested below, at the office of Lawrence O.
Beck at the Cleveland Electric Illuminating Company, or at a place mutually convenient to the parties.,
Tha tora "docunent(c)" maana all writingc and records of every type in the possession, control or custody of the Intervenor or of the Intervenor's attorney (s), including, but not limited to, memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind.
" Document (s)" shall also mean copies of documents even though the originals thereof are not in the posse:sion, custody, or control of the Intervenor.
A document shall be deemed to be within the " control" of the Intervenor or of the Intervenor's attorney (s) if they have ownerchip, possession or custody of the document or copy thereof, er have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
Applicants requast that Intervenor produce each and ev ry document identified or described in the answers to the above Interrogatories 1 through 32.
Respectfully submitted, S ilA W, PITTMAN, POTTS & TROWBRIDGE
.I By
(/
Stuce7.'Chut. h Jay E.
Silberg Bonnie S.
Gottlieb Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
2003 (202) 822-1000 Dated:
October 15, 1981.