ML20034G689
| ML20034G689 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/04/1993 |
| From: | Culver N FRIENDS PEACE EXCHANGE (FORMERLY MOTHERS FOR PEACE) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#193-13688 92-669-03-OLA-2, 92-669-3-OLA-2, OLA-2, NUDOCS 9303110024 | |
| Download: ML20034G689 (7) | |
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SAN LUIS OBISPO MOTHERS FOR PEACE
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before the bud
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ATOMIC SAFETY AND LICENSING BOARD i,
In the mctter of i
Pccific Scs and Electric Co.
Docket No. 50-275-OLA-2, Dicblo Conycn Nuclecr Power Plant 50-323-OLA l
Unit Nos-. 1 cnd'2 ASLEP No. 92-SSS-03-OLA-2 l
San Luis Obispo Mothers for Peace Motion for Extension of Discovery Deadline f
Introduction On February 3, 1553, the San Luis Obispo nothers for Pecce C"SLOMFF"]
filed a request for entry to the Dichlo Ccnyon Nuclect Power Plant
("DCNPP"] for purposes of inspection, measuring, cnd photographing, fer i
i observction of interim fire-protection mecsures and mcintenance and surveillance cctivities and for other cctivities os cuthorized in the provisions of 10 CFR 2.741 Cc]C2]. 1 Eecause SLCnFP must obtain the response to its other discovery requests in crder for the site visit tc be useful, this requested site visit cannot take plcce before March IS, ISS3, j
ct the ecrliest.
As o result, SLOMFP will be unable to conduct needed i
follow-up disccvery ofter the site visit within the tight discovery time i
l constroints set in this ecse.
Therefore, SLOMFP requests en extensicn cf j
the time for taking discovery until 7 days after completion cf the site l
visit.
9303110024 930304 PDR ADOCK 05000275
Background
G PDR SLCnFP hcs gained cdmission of two contentions to this ccse.
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"Interve6cr Scn Luis Obispo Mothers for Pecce Request to Pacific Scs cnd Electric Compcny for Entry uper the Dichlo Canyon Nuclecr Power Plcnt, Units 1 cnd 2, Pursuont to 10 CFE. 791 Cc]C2] for the Purposes of Ll Inspection, nensuring, cnd Photographing, for Observation of Interim Fire-Prctection necsures cnd ncintencnce cnd Surveillcnce Activities, cnd fcr
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Other Activities os Authorized in the Provisicns of 10 CFR 2.791Cc][2]
Chereincfter " Request for Entry"J.
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Contention I challenges the adequacy of PGGE's maintenance and surveillonce !
program, and Contention U challenges PE&E's interim measures intended to.
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4 compensate for inadequate fire barriers at DCNPP.
On February 3, 1993, in.
o telephone conference, the Licensing Board established the discovery schedule for litigation of these contentions,-which was-loter memoriolized.
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in a written order.
Memorondum and Order [ Discovery and Hearing Schedules]-
CFebruary 9, 1993].
Under the Ecord's order, all discovery requests must be filed by March 8, 1993.
Memorandum and Order at S.
The Board's order-i olso provided that all discovery responses must be filed within 30 days of f
receipt, or by April 12, 1993, at the lotest. Id, The Board declined to set a second round of discovery " inasmuch as porties could later request c i
A second round for good cause." Id.
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SLOMFP hos proceeded expeditiously to conduct as much discovery as i
possible on the contentions within the discovery time frames set by the j
Board.
On Februory 3, shortly ofter SLOMFP's contentions were' admitted, SLOMFP filed a Request for Entry seeking permission to visit the plant.
j Among other things, the Request for Entry sought:
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- 1. Inspection of crecs where Thermo-Log fire barriers are installed or }
I located necrby, or where fire-watch related activities take place; l
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- 2. inspection of the maintenance and surve111once program and its I
implementation at DCNPP, including both physical activities and written l
records; l
- 3. close inspection of activities and written records with respect to j
4 maintenance of three representative safety items to be selected by SLDMFP l
ond identified shortly before the site visit.
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SLOMFP clso quickly prepored and submitted a first set of interrogotories and request for production of documents to PGSE, which was, on February 15, 1993. 2 Pursuont to the Board's order, PG&E's response to these interrogatories and document requests is not due until March IS.,
1993.
To o large extent, the motters to be inspected on the site visit will be determined based on PGEE's answers to SLOMFP's interragotories.
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instance, SLOMFP's interrogatories ask for detailed information regarding
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the location, scheduling, and personnel ossignments for fire watches.
SLOMFP Interrogatories et B B-3.
This information is needed in order to determine which fire watch locations to visit and evoluote, and which I
fire watches to observe.
SLOMFP clso needs to review maintenance f
procedures and schedules, information about which is requested in'SLOMFP's
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Interrogatories at C C-4, in order to determine which maintenance and surveillonce activities to observe.
Similor'a, in order to identify the three representative safety items for which SLOMFP seeks to amine I
maintenance and surve111once practices and documentation, SLOMFP needs to-review PGSE's list of safety items, their functions, locotions, and the occident environments to which they would be exposed.. os requested in SLOMFP's interrogatories at C C-2.
i As o result, SLOMFP and its experts, MHB Technicci Associates, have negotioted with PG&E regarding the site visit and have set tentative dotes of March 15 and 16, 1993.
Consequently, SLOMFP hos informed PGCE thct it j
2 Intervenor Son Luis Obispo Mothers for Peace First Set of Written Interrogatories and Requests for the Production of Documents to Pocific Gas and Electric Company Chereinafter "5LOMFP Interregoteries"J.
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is necesscry to review PG&E's answers to its first round of interrogotories j
ond document requests in order to plan the site visit, and that therefore SLCMFP does not wish to conduct the site visit until it hos received those j
onswers.
SLOMFP hcs also informed PGSE thct it may have to postpone the
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site visit if it does not receive the answers to the interrogotories and document requests beforehond. 3 Thus, PG&E hos committed to making on l
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effort to respond to the interrogatories during the week prior to March 15, 4
even though the answers are not due until March 19.
In cddition, os requested by PG&E, SLCMFPhaswithdecwnits' request'to-j conduct informal interviews with maintenance and inspection and fire I
protection personnel during the site visit, and plons instead to question j
them formally, pursuont to NRC discovery rules. 9 However, this means that i formal questioning of DCNPP employees regarding maintenance ~cnd fire l
protection practices observed during the site visit will need to be l
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4 postponed until ofter the site visit, i.e.,
ofter the deadline for filing discovery requests has expired.
5 Argument
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The Ecord's order sets on extremely shcrt schedule for discovery, but t
1 provides on opportunity to request cn extension for gcod ccuse shown.
I Memorandum and Order at M.
SLOMFP submits that in this cose, there is gced cause to extend the discovery schedule.
SLOMFP makes this motion now, i
rather than wciting until the deadline hos expired, beccuse it hos-become 1
3 The site visit moy also need to be postponed if PGBE's responses are substantially incomplete.
4 SLCMFP is now prepcring written interrogatories to these DCNFP j
personnel which contain those questions that we have been able to formulate l without benefit of a site visit.
However, SLOMFP onticipates the need to conduct follow-up disecvery based on our observations during thesite visit. ;
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very clear to us, in preporing for the site visit, that we connot stay within the Board's discovery schedule and still be able to conduct needed discovery in on odequate and meaningful way.
i SLOMFP's Request for Entry is on extremely important discovery tool.
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It will give SLOMFP the opportunity to inspect the plant, observe relevant r
operations, and review material documents that are maintoined ot the plant
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so that SLOMFP con evoluote the adequacy of both the maintenance and I
interim fire protection programs.
However, the site visit will be I
fruitless if it is not delcyed until ofter PG&E has responded to SLOMFP's l
l interrogatories and document production requests, because these responses will determine which matters should be inspected during the site visit.
t To give PG&E sufficient time to respond to SLOMFP's interregotcries t
i and document production requests, the porties have had to schedule the site j visit for March 15, 1993.
While the site visit dote is well within the Board's deadline of April 12, 1993, for close of discovery, it is ofter the March B cut-off dote for filing discovery requests.
Yet, SLOMFP oiready I
anticipates that it will need to conduct follow-up discovery as c result of i
l what is learned during the site visit.
SLOMFP will need to follow up the site visit with formal questioning of DCNPP employees regarding maintenance l
and fire protection practices observed during the visit, In additicn, SLOMFP clearly will observe new things during the onsite visit and will l
need to file more interrogatories to PG&E regarding practices, systems, and documents observed, such os, for instance, clarifying the relaticnship between observed practices and written procedures that are provided for i
those practices.
Because the site visit is necessarily being held ofter i
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the' discovery cut-off date, these follow-up discovery requests cannot be l
filed within the timefrcme established by the Beard.
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To ensure both that SLOMFP has odequate information in.preparction for l
the site visit and that it hos on odequate opportunity to conduct follow-up discovery after the site visit, SLOMFP believes that the discovery schedule needs to be extended.
Accordingly, we request that the Licensing Ecord q
extend the discovery period until 7 dcys after the site visit, for the limited purpose of conducting follow-up discovery related to the site visit. 5 f
Respectfully submitted, JVJNbls-(
Noney Cu:
er, President Son Luis Obispo Mothers for Peace March 4, 1993
~~~~U~e~~~ote that as a separcte matter, SLOMFP mcy also need to seek on 5
n opportunity for follow-up discovery on PG&E's responses to our first roun6 of interrogatories and document requests.
We will evolucte the need for further discovery when we receive PG&E's cnswers to our interrogatories and document requests, cnd will proceed accordingly.
At this time, we cre requesting on extension only for the purpose of conducting follow-up discovery regarding the site visit.
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~93 MTR -8 Ali 53 Certificate of Service nr ir#
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I hereby certify that copies cf the foregoing Son Luis Obispo nothers for Peace Reply notion for Extension of Discovery. Deadline have been served upon the following persons by U.S. mail, first class, er by FAX, os noted.
Office of Commission Appellote Administrative Judge Adjudicotion Charles Bechhoefer, Chairmon*
U.S.
Nuclear Regulatory Commission Atomic Sofety and Licensing Ecord Washington, DC 20555 U.S.
Nuclear Regulatory Commission Ucshington, DC 20555 Administrative Judge Jerry Kline*
Administrative Judge
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Atomic Sofety and Licensing Board Frederick J. Shon*
U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S.
Nuclear Regulatory Commission Ucshington, DC 20555 Edward O'Neill Ann P.
Hodgdon, Esq.*
Peter Arth, Jr.
Office of the General Counsel Truman Burns U.S.
Nuclecr Regulatory Commission Robert Kinosion Washington, DC 20555 Peter G.
Foirchild, Esq.
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California Public Utilities Commission Jcseph B.
- Knotts, Jr.,
Esq.*
505 Uon Ness Avenue Winston & Strown Son Francisco, CA 59102 1900 L Street, N.W.
Washington, DC 20C05 1
Adjudicatory File Secretary of the Ccmmission U.S.
Nuclear Regulatory Ccmmissicn Dccketing and Service Bronch Ucshington, DC 20555 U.S.
Nuclear Regulatory Commission Washington, DC 20555 Robert R. Wellington, Esq.
t Diablo Congon Independent Sofety Committee 857 Cass Street, Suite D Monterey, CA S3590 Christopher Warner, Esq.
Richord Locke, Esq.
Pacific Gas and Electric Co.
77 Beale Street J
Son Francisec, CA SMICS FAX Dated March 9, 1953, Son Luis Obispo County, CA Jill ZomEk O'
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