ML20031G896
| ML20031G896 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/15/1981 |
| From: | Churchill B CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Kenney T KENNEY, T.J. |
| Shared Package | |
| ML20031G886 | List: |
| References | |
| NUDOCS 8110260162 | |
| Download: ML20031G896 (15) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
CLEVELAND ELECTRIC ILLUMINATING
)
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 TOD J.
KENNEY (FIRST 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 Conference 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 September 9, 1981, and the NucJ ear Regulatory Commission's Rules of Practice.
The interrogatories and. document requests are directed to Intervenor Tod J.
Kenney and pertain to one or more of the seven issues specified on pages 97 and 98 of the SPC Memorandum and Order, as modified by
.the September 9 Memorandum and Order.
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i 8110260162 011015 PDR ADOCK 0S000440 O
o, The Interrogatories submitted herein are filed pursuant to 10 CFR S 2.740b which requi.:cs that the Interrogatories be answered separately and fully in writing under oath or affirmation, within 14 days after service.
The Interrogatoriec are inte-ded 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 pursuant to 10 CFR S 2.741, which requires that the Intervenor produce and either furriah copics 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 immediately any additional documents they obtain which are responsive to the Request.
For purposes of these Interrogatories, the term
" document (s)" means all writings 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 possession, custody, or control of the Intervenor.
For purposes of these Interrogatories, a document sholl 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 th.e 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-cable to the particular document: name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the person (s) having possession of the document.
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 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 and educational and professional qualifications of each person you intend to call as a witness on Issue No. 1. _-
(b)
State the subject matter on which each such person is expected to testify.
(c)
State the substance of the facts and 4
opinions to which each such person is expected to testify.
F (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. 1 and to ascertain the factual bases which support each element of Issue No. 1 so that the Applicants adequately I
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 documents, including all relevant 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.
For each of the following claims,' explain precisely (i) what aspects of Applicants' emergency evacuation plans you allege are inadequate or deficient, (ii) explain precisely why they are inadequate or deficient, (iii) explain.
precisely how the inadequacy or deficiency affects the plan, (iv) state in detail the factual bases for your answer; and (v) specifically identify the NRC regulations or other NRC regulatory reouirements with which you allege Applicants' evacuation plans do not comply.
(a)
Applicants' emergency evacuation plans do not clearly define the criteria for determination of who will receive special attention in an emergency; see Intervenor's Amended Contention, dated June 8, 1981, item 1 ("Kenney Contention");
(b)
The definition of "Affected Person" in Applicants' emergency evacuation plans is deficient.
See id.,
item 1.
(c)
Applicants' emergency evacuation plans inadequatcly define the method of decontaminating affected i
persons.
See id., item 1.
( d ",
The definition of " Contaminated Area" in Applicants' emergency evacuation plans is deficient.
See id.,
item 2.
(e)
Applicants should install off-site monitors with continuous readout of current ionizing radiation.
See id.,
items 3 and 9.
(f)
The definition of " Dose Projection" in Applicants' emergency evacuation plans is deficient.
See id.,
item 3.
(g)
The definition of " Emergency Action Levels" in Applicantu' emergency evacuation plans is deficient.
See id., item 4..
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(h)
The definition of " Plume Exposure Pathway" in Applicants' emergency evacuation plans is deficient.
See i d,., item 5.
(i)
The definition of " Protective Action Guides" in Applicants' emergency evacuation plans is deficient.
See id., item 6.
(j)
During an emergency, Applicants should expar.d their monitoring activities to include the human populatiers residing within the ingestion pathway of Iodine 131.
See id,,,
items 7 and 14.
(k)
Off-site radiological monitoring routinely should include cas.ples f rom the human population.
See id,.,
items 7 and 14.
(1)
Applicants' " Emergency Classifications" are defective in that, among other things, Alert Classification 2 does not mention deployment of monitoring teams.
See id.,
item 8.
(m)
Applicants' emergency evacuation p.lans are defective because agreements with local communities are not
" formally reached and therefore not binding".
See id., item 11.
(n)
Applicants inappropriately have made no provision for payment to local communities for planning or maintenance of, evacuation plans.
See i d,., item 12.
See purpose statement for Interrogatory No. 2.
6.
Explain precisely and in detail (i) each and every specific aspect of Applicants' emergency evacuation plans
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not identified in response to Interrogatory No. 5 which you allege to be inadequate or deficient, (ii) explain why each such aspect of the plans is inadequate or deficient, (iii) explain how the inadequacy or deficiency affects the plans, (iv) state in detail the factual basis for your answer, and (v) specifically identify the NRC regulations or other regulatory requirements with which you allege Applicants' emergency evacuations plans do not comply.
See ;.rpose statement for Interrogatory No. 2.
7.
For each response to Interrogatory Nos. 5(a) through 5(n) and 6:
9 (a)
Identify all documents, includ!.ng all relevant page citations, which you rely upon to support each of your claims; (b)
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 of your claims; and (c)
State the name of each person you intend to call as a witness to support each claim.
See purpose statement for Interrogatory No.
2.
8.
(a)
Explain precisely what agreements with local communities or response organizations.must be made to satisfy the requirements of 10 C.F.R. App.
E,Section IV, and state the factual bases for your claims.
(b)
Identify all documents, incit: ding all relevant page citations, which you rely en to support each 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 of these claims.
(d)
State the name of each person you intend to l
call as a witness to support these claims.
See purpose statement for Interrogatory No. 2.
9.
(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 l
Petition For Leave To Intervene, dated April 30, 1981, Item 3
("OCRE Supplement"l, and that potassium idodide should be i
stockpiled at two hospitals; see Kenney Contention, item 10.
(b)
Identify all documents, including all relevant page citations, which you rely on to support 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 basis of these claims.
(d)
State the name of each person you intend to call as a witness to support these claima.
See purpose statement for Interrogatory No.
2.
10.
(a)
Is it your intention that Applicants have not complied with the joint Commission-Federal Energy Management Agency Criteria for Preparation and Evaluation of I !
I Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (NUREG-0654, FEMA-REP-1; Rev 1) at 56, 58 (criteria 8 and 9)?
(b)
If the answer to (a) above is affirmative, identify each specific instance in which you allege the 1
Applicants have failed to comply and state in detail the factual basis for your claim.
(c)
Identify all documents, including all relevant page citations, which you rely on to support this claim.
(d)
State the name, prenent or last known address, and present or last known employer of each person known to you to have first-hand knowledge for the factual bases of this claim.
(e)
State the name of each person you intend to l
call as a witness to support this claim.
l See purpose statement for Interrogatory No.
2.
s 11.
(a)
Do you contend that the Radford study i
referred to in the Kenney Contention at 2 contains allegedly
'new information" which is the basis for any of the items of the Kenney Contention?
1 (b)
If any of your answers to the preceding interrogatory is affirmative or other than negative, state the factual basis for each such contention and explain precisely how the Radford study relates to each applicable item of the Kenney' Contention?
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j (c)
Identify all documents, including all relevant page citations, which you rely on to support answers 2
i to Interrogatories 11(a)-(c).
(d)
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 these claims.
(e)
State the name of each person you intend to call as a witness to support these claims.
See purpose statement for Interrogatory No. 2.
12.
Explain, by examples if necessary, how, why, and to what extent each of the following should be " recalculated" or "recalibrated" as a result of the Radford study:
(a)
The degree to which an "Affected Person"
)
requires special attention.
See Kenney Contention, item 1(b).
(b)
Reference values regarding contamination levels.
See id., item 2(a).
(c)
The threshold at which " Emergency Action" l
is to be implemented.
See id., item 4(a).
(d)
Radiation dose effects.
See id.,
item a
1 5(a).
l (e) " Protective Action Guides".
See id.,
item 6(a).
(f)
The Emergency Planning Zone dimensions.
See id., item 7(a).
See purpose statement for Interrogatory No.
- 2. 1 e
13.
For each response to Interrogatory No. 12:
(a)
Identify all documents, including all relevant page citations, which you rely on to support each of your claims; (b)
State the name, present or last known 4
address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases i
for each of your claims; and j
(c)
State the name of each witness you intend l
to call as a witners to support each claim.
See purpose statement for Interrogatory No. 2.
General Interrogatories Pertaining to Issue No. 1 14.
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 this Interrogatory is to identify persons knowledgeable about each issue for possible future depositions.
15.
For each person identified in response to the preceding interrogatory, state the numbers of the interroga-tories for which information was supplied.
See purpose statement for Interrogatory No. 14.
16.
State the name, title or position, address and j
employer of each person who searched for documents in order to i
respond to any of the foregoing requests for identification of documents.
See purpose statement for Interrogatory No. 14.
17.
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 i
where the search was conducted.
See purpose statement for 1
l Interrogatory No. 14.
18.
Identify any written or recor'ded statement of any individual pertaining to the subject matter of Issue 1 not previously identified in response to the foregoing interroga-tories.
See purpose statement for Interrogatory No. 14.
REQUEST FOR PRODUCTION OF DOCUMENTS Applicanta request that Intervenor respond in writing 4
to the following request for production of documents and produce the original or best copy of each of the documents l
requested below, at the office of Lawrence O.
Beck at The Cleveland Electric Illuminating Company, or at a place mutually convenient to the parties.
l The term " document (s)" means all writings 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, 4
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 possession, custody, or control of the Intervenor.
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s A. document shall be deemed to be within the " control" cf 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.
Applicants request that Intervenor produce each and every document identified or described in the answers to the above Interrogatories 1 through 18.
t Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By
./%v e
Bfuce W." Churchill
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Jay E.
Si] berg Bonnie S.
Gottlieb Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
2003 (102) 822-1000 Dated:
October 15, 1981 4.
l e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
CLEVELAND ELECTRIC ILLUMINATING
)
Docket Nos. 50-440 COMPANY, et al.
)
50-441
)
(Operating License)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing
" Applicants' Progress Report Regarding Discovery Activities",
" Applicants' Interrogatories and Request for Production of Documents to Intervenors Sunflower Alliance, Inc., Et Al.
(First Set)", " Applicants Interrogatories and Request for Production of Documents to Intervenor Ohio Citizens for Responsible Energy (First Set) ", and " Applicants Interrogatories and Request for Production of Documents to Intervenor Tod J.
Kenney (First Set)" was served, by deposit in the U.S.
Mail, first class, postage prepaid, this 15th day of October, 1981, to all those on the attached Service List.
j
-.x BYbre W. W urchill Dated:
October 15, 1981.
i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
CLEVELAND ELECTRIC ILLUMINATING
)
Docket Nos. 50-440 COMPANY, et al.
)
50-441
)
(Operating License)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
SERVICE LIST Peter B.
Bloch, Chairman Mr. Robert Alexander Atomic Safety and Licensing Board OCRE Interim Representative U.
S.
Nuclear Regulatory Commission 2030 Portsmouth Street #2 Washington,.D.
C.
20555 Houston, Texas 77098 Dr. Jerry R.
Kline Daniel D.
Wilt, Esquire Atomic Safety and Licensing Board Wegman, Hessler & Vanderburg U.
S.
Nuclear Regulatory Ccmmission Suite 102 Washington, D.
C.
20555 7301 Chippewa Road Erecksville, Ohio 44141 Mr. Frederick J.
Shon Atomic Safety and Licensing Board Te rry Lodga, Esquire U.
S.
Nuclear Regulatory Commission 915 Spita r Building Washington, D.
C.
20555 Toledo, Ohio 43604 Atomic Safety and Licensing Board Mr. Tod J.
Kenney Panel 228 South College, Apt. A U.
S.
Nuclear Regulatory Commission Bowling Greyn, Ohio 43402 Washington, D.
C.
20555 Donald T.
Ezzone, Esquirs Atomic Safety and Licensing Appeal Assistant Prosecuting Attorney Board Panel Lake County Administration Center U.
S.
Nuclcar Regulatory Commission 105 Center Street Washington, D.
C.
20555 Painesville, Ohio 44077 Docketing and Service Section Janice E.
Moore, Esquire Of fice of the Secretary Office of the Executive Legal U.
S.
Nuclear Regulatory Commission Director l
Washington, D.
C.
20555 U.
S.
Nuclear Regulatory Commissios Washington, D.
C.
20555 Charles A.
Barth, Esquire Office of the Executive Legal l
Director U.
S.
Nuclear Regulatory Commission i
Washington, D.
C.
20555