ML20033C032

Second Discovery Progress Rept for Period Ending 811122,per ASLB 811113 Memorandum Order.Licensee 811027 Responses to Wi Environ Decade 811023 Interrogatories Are Not Fully Responsive.Certificate of Svc Encl.Related Correspondence

ML20033C032
Person / Time
Site:	Point Beach
Issue date:	11/23/1981
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:
References
NUDOCS 8112020591
Download: ML20033C032 (4)

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..m3 & SERVICE EHAliCH UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licnnsing Board Wisconsin Electric Power Company h

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POINT BEACH NUCLEAR PLANT UNITS 1 & 2 Docket Nos. 50-266 and 50-301 e

j Operating License Amendment (Steam Generator Tube Sleeving Progra -,

L-i DE01 1981

• DECADE' S SECOND DISCOVERY PROGRESS REP % u.s.gg,'"S^* [lj

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Pursuant to the Memorandum and Order of the Atomic Saf ety and Licensing Board (" Board"), dated October 13, 1981, this is to submit Decade's second discovery progress report for the period ending November 22, 1981.

At this writing, the Decade has not yet received the transcript of the November 17,,1981 telephone l

conference, out it will endeavor to be responsive to the Board's request for additional information made at that time to the best of its recollection, t

Status of Decade's Prior Discovery Requests Decade served its first interrogatories upon the Licensee on ggo3

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l October 23, 1981.

The Licensee ~esponde'd in a filing dated l

October 27, 1981.

It is the Decade's position that the Licensee's answers are not fully responsive in that, among other things, they only make reference to documents that are a part of the application and are silent as to whether any other documents 8112O20591 811123 PDR ADOCK 05000266 G

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exist.

For that reason the Decade filed a motion to compel

-answer dated October 29, 1981.

At he October 29, 1981, hearing the Board directed that the parties seek to arrive at an informal accomodation of this dispute.

In an of f-the-record telephone conference with counsel f or the Licensee, Mr. Churchill stated that the Licensee had no furcher information.

Based upon a subsequent phone message, it is our understanding that the Licensee will forward a sworn written s u p'p'l e m e n t to i tis initial answer to the first interrogatories commemerating this assertion.

At such time as the supplemental filing is received, we will inform the Board as to whether the dispute has been satisfactorily resolved.

Status of Licensee's Prior Discovery Requests The Licensee served its first interrogatories on the Decade on November 11, 1981.

It is the Decade's position that this set of interrogatories which seek the basis for intervenor's entire case is premature in view of the early stage of this proceeding.

Responding to the Licensee's nineteen pages of interrogaties--at this point in t im e--w ill require a significant diversion of limited resources to produce information that will shortly be outdated and theref ore be of marginal utility to the Licenseee.

This will also make it more dif ficult for the. Decade to meet I

other filing requirements.

We apprised the Licensee of this concern during an off-the-record telephone conference and requested that these interrogatories be held in. abeyance until af ter intervenor's discovery. is completed.

Mr. Churchill declined and stated his 1

l insistence-that the matters be responded to within the normal 14 l

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day period for answering interrogatories.

Proposed Schedule for Future Discovery It is our recollection of the November 17, 1981 telephone conf erence that the Board also seeks suggestions as to the time for future discovery requests.

We would propose that the first round of discovery requests be completed within one week following receipt of Staff's Safety Evaluation Report, and follow-up discovery requests, within one week following receipt of answers to the first round questions.

DATED at Madison, Wisconsin, this h day of November, 1983.

WISCOYSIN'S' ENVIRONMENTAL DECADE, INC.

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KATHLEEN M. FALK Director of Legal Affairs 114 North Carroll Street Suite 208 Madison, Wisconsin 53703 (608) 251-7020 w

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 Docket Nos. 50-266 and 50-301 Operating License Amendment (Steam Generator Tube Sleeving Program)

CERTIFICATE OF SERVICE I certify that true and correct copies of the foregoing document will be served this day by depositing copies of the same in the first class mails, postage pre-paid and correctly addressed, to the following:

Peter B.

Bloch, Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatiory Commission Washington, D. C. 20555 Dr. Hugh]. Paxton bo D ro ec 1229 -41 Street NOV251981 Los Alamos, New Mexico 87544 7

b f9 c/v'.3 b'II:7 Dr. Jer ry R. Kline t

't Atomic Safety & Licensing Board

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U. S. Nuclear Regulatory Commission Washington, D.

C.

20555 Docketing & Service U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Richard Bachmann Office of Executive Legal Director U.

S. Nuclear Regulatory Commission l

Washington, D. C. 20555 Mr. Bruce W.

Churchill Shaw Pittman Potts and Towbridg,e 1800 M Street N.W.

Washington, D. C. 20036

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