ML20033A846
| ML20033A846 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 11/20/1981 |
| From: | Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO. |
| To: | WISCONSIN'S ENVIRONMENTAL DECADE |
| References | |
| NUDOCS 8111300022 | |
| Download: ML20033A846 (10) | |
Text
BELATED COEnESTONDENCE E
00tKETED November 20, 1981-USHRC UNITED STATES'OF AMERICA
'81 NOV 23 P1 N5 A
NUCLEAR REGULATORY' COMMISSION C
< " :E C' SECf'ET;3efore the Atomic Safety and Licensing Boa d fy' J[. [G vims A SERVn.t
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'j In the Matter of
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WISCONSIN ELECTRIC POWER COMPANY
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~ Docket Nos. 50-266
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50-301 (Point Beach N.uclear Plant,
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(OL Amendment)
Units 1 and 2)
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LICENSEE'S SECOND' SET OF INTERROGATORIES AND' REQUEST FOR PRODUCTION OF DOCUMENTS TO.INTERVENOR DECADE RELATIVE TO FULL SCALE SLEEVING PROGRAM r
These Interrogatories ~and Request-for Production of Docu-ments are filed by the Wisconsin Electric Power Company (" Licensee")
pursuant to the Board's October 13,-1981 Memorandum and Order Con-cerning The Admission of A Party'and Its Contentions
(" Memorandum and Order Concerning Admission") and the Commission's Rules of Practice.
They are directed to Intervenor Wisconsin's Environmental Decade, Inc.
(" Decade") and are designed to-identify and elicit the L
bases for any and all issues which Decade wishe's to litigate beyond the issues raised by Decade in its Contentions 3, 4, 5 and 7, as i
those additional issues relate to Licensee's July 2, 1981 amendment i'
request, which would authorize fu.'l-scale sleeving of steam genera-tor tubes at Point Beach Units 1 and 2.
In propounding these inter-rogatories, Licensee in no way waives or alters its position that the Commission's Rules of Practice do not allow Decade to raise any such additional issues absent a showing of good cause, 10 C.F.R.
--gof Zlll 8111300022 811120
{DRADOCK 05000266 PDR
S2.714(b), and that Decade is not permi'tted to use the discovery process to elicit information for the formulation of such additional issues, 10 C.F.R. 52.740 (b) (1).
The interrogatories submitted herein are filed pursuant to 10 C.F.R. 52.740b which requires that the interrogatories be answered separately and fully in writing under oath or affirmation, within 14 days after service.
The interrogatories are intended to be continuing in nature and the answers must be immediately supple-mented or amended, as appropriate, should Decade obtain any new or differing information responsive to the interrogatories.
For purposes of these interrogatories, the term " document (s)"
means all writings and records of every type in the possession, con-trol or custody of Decade or Decade's attorney (s), including, but not limited to, memoranda, correspondence, reports, surveys, tabula-tions, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind.
" Document ( s) "
l shall also mean copias of documents even though the originals thereof l
are not in tne possession, custody, or control of Deca'de.
For purposes of these interrogatories, a document shall l
be deemed to be within the " control" of Decade or Decade'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 l
thereof from any person or public or private c stity having physical possession thereof.
1
When identification of a document is requested, briefly describe the documents; i.e.,
letter, memorandum, book, pamphlet, etc., and state the following information as applicable to the particular document:
name, title, number, author, date of publica-tion and publisher, addressee, date written or approved,-and the name and address of the person (s) having possession'of the document.
The Request for Production.of Documents is filed pursuant to 10 C.F.R.
S2.741, which requires that Decade produce and either furnish copies of or permit Licensee to inspect and copy any docu--
ments responsive to the request and which are.in the possession, custody or control of Decade.
The Request for Production of Docu-ments is also continuing in nature and Decade must produce immedi-ately any additional documents it obtains which are responsive to the Request.
INTERROGATORIES 1.
Identify with specificity each and every concern which Decade wishes to litigate with respect to Licensee's July 2, 1981 amendment request (which would authorize full-scale sleeving of steam generator tubes at Point Beach Units 1 and 2), including any concerns arising from the November 13, 1981 letter from Licensee f
to Region III referred to at Tr. 759, and excluding those concerns explicitly identified by Decade in its Contentions 3, 4, 5 and 7.
The purpose of this interrogatory is to identify any and all issues which Decade may wish to litigate relative to a full-scale sleeving
program but which are not expressly _ identified by Decade'in its Contentions 3, 4,-5 and 7.
2..
State in detail the factual _ bases for each and every.
concern identified in response to Interrogatory 1, above.
The pur-pose of this interrogatory is to ascertain the factual bases for each elemenc of each of Decade's concerns, so that Licensee can adequately prepare its response to the contention.
3.
For each concern identified in your responses to Interrogatories 1 and 2 above:
(a)
Identify all documents, including all relevant page citations, on which you rely 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.
The purpose of this interrogatory is to identify persons knowledgeable about the concerns identified in response to Interroga-i tories 1 and 2 for possible future discovery requests, to clarify the scope of your concerns, and to ascertain the factual bases which support each element of the identified concerns so that Licensee may adequately prepare its response to the concerns.
4.
For each person identified in response to Interroga-tory 3 (c) :
i i
r
(a)
Sta:e the address, title, employer and educa-tional and professional qualifications (including a complete list of publications) of each such person; (b)
State the precise subject matter on which each such person is expected to testify; (c)
State the substance of the facts and opinions as to which each such person is expected to testify; and (d)
State a summary of the grounds for such opin-ions, and identify all documents upon which such person relies to r
substantiate such opinions.
See purpose statement for Interrogatory 3.
5.
For each concern identified in your responses to Interrogatories 1 and 2 above, identify all documents in your pos-session, custody or control (including all relevant page citations) pertaining to the subject matter of that concern.
See purpose statement for Interrogatory 1.
This interrogatory is also intended to clarify Decade's concerns.
6.
For each concern identified in your responses to Interrogatories 1 and 2 above, identify all documents (including all relevant page citations) which you intend to offer as exhibits during this proceeding to support that concern, or which you intend to use during your cross-examination of witnesses presented by Licensee and/or the Staff on that concern.
See purpose statement for Interrogatory 5.
1 i
' General Interrogatories 7.
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 in-terrogatory is to identify persons knowledgeable about each issue for possible f11ture discovery requests.
8.
For each person identified in response to the preceding interrogatory, state the numbers of the interrogatories for which information was supplied.
See purpose statement for Interrogatory 7.
9.
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 7.
10.
For each person identified in response to the pre-ceding interrogatory, state the numbers of the interrogatories for which the search was conducted and the location where the search was conducted.
See purpose statement for Interrogatory 7.
11.
Identify any written or recorded statement of any individual pertaining to the subject matter of the concerns iden-tified in response to Interrogatories 1 and 2, which statement was not previously identified in response to any of the foregoing interrogatories.
See purpose statement for Interrogatory 7.
. REQUEST FOR PRODUCTION OF DOCUMENTS 1
Licensee requests that Decade 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 David K. Porter at the Wisconsin Electric Power Company or at a place mutually convenient to the parties.
j The term " document (s)" means all writings and records of every type in the possession, control or custody of Decade or gi Decade's attorney (s), including, but not limited to, menoranda,-
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 Decade.
A document shall be deemed to be within the " control" of Decade or Decade 's attorney (s'; if they have ownership, posses-sion 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.
1 Licensee requests that Decade produce each and.every document identified or described in the answers to the above Interrogatories 1 through 11.
Respectfully submitted, SIIAW, PITTMAN, POTTS & TROWBRIDGE A
By
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se lumide W.
Churchill Delissa A.
Ridgway Counsel for Licensee 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
November 20, 1981 I
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UNITED ~ STATES OF AMERICA NUCLEAR REGULATORY' COMMISSION Before the Atomic Safety and Licensina Board In the Matter of
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)
WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Licensee's Second Set of Interrogatories and Request for Production of Documents To Intervenor Decade Relative To Full Scale Sleeving Program" were served,.by deposit in the U.S. Mail,-first class, postage prepaid, to all those on the attached service list, except that those marked by an asterisk were served by deposit with Federal Express,.this
~
20th day of November, 1981.
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' y elissa A(fiagwjay{
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l Dated:
November 20, 1981 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY cob 2iISSION 3efore the Atomic Safety and Licensing Board In the Matter of
)
)
WISCONSIN ELECTRIC POWER CQiPANY
)
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
SERVICE LIST Peter 3.
Bloch, Chairman Charles A.
Barth, Esquire 5
Atcmic Safety and Licensing Office of the Executive Board Panel Lecal Director U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Ccrmission Commission i.ashington, D.C.
20555 Washingten, D.C.
20555
)r. Hugh C.
Paxton
- Kathleen M. Falk, Esquire k 1229 - 41st Street Wisconsin's Environm' ental Les Alamos, New Mexico 87544 Decade 114 North Carroll Street' Dr. Jerry R.
Kline-Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 3oard Panel Stuart A. Treby, Esquire U.S. Nuclear Reculator'v Office of the Executive Ceraission Legal Director l
Washincton,.D.C.
20555 U.S. Nuclear Regulatory Cormission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel U.S.
Nuclear Regulatory Cornission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel l
U.S.
Nuclear Regulatory Corsission l
Washington, D.C..
20555 t
t j
7ccketing and Service Section Office cf the Secretary U.S.
Nuclear Regulatory Ccrmission Washington, D.C.
20555 i