ML20035D991
| ML20035D991 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/12/1993 |
| From: | Lisa Clark NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | SAN LUIS OBISPO MOTHERS FOR PEACE |
| References | |
| CON-#293-13870 OLA-2, NUDOCS 9304140164 | |
| Download: ML20035D991 (8) | |
Text
/3fN MtATED 00RRESPONDENCE April 12,1993 I
i mutD i'
'MEC UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION
'93 Am 12 P5 39 l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l
In the Matter of
)
)
Docket Nos.
50-275 OLA_ g PACIFIC GAS & ELECTRIC CO.
)
50-323 OLA
)
l (Diablo Canyon Nuclear Power Plant,
)
(Construction Period Recapture)
Units 1 & 2)
)
NRC STAFF'S RESPONSE TO SAF. LUIS OBISPO MOTHERS FOR PEACE'S FIRST SET OF INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS The San Luis Obispo Mothers for Peace ("MFP") has asked that the Board direct the Staff to answer written interrogatories pursuant to 10 C.F.R. 2.720(h).' In support j
of its request MFP states that a search of the NRC's computerized public documents I
l system ("BRS") revealed no guidance documents relevant to firewatches. Further, MFP 1
states that the most recent document pertaining to this subject provided by the NRC, a Partial Director's Decision concerning a 2.206 petition, does not contain any reference j
to a study establishing standards for the adequacy of fire watches as a compensatory measure for degraded or inoperable fire barriers. MFP also points out that the Staffis in a unique position to be able to set forth its position on the issues in the proceeding.
'Intervenor San Luis Obispo Mothers for Peace First Set of Written Interrogatories and Requests for the Production of Documents to the NRC Staff, March 8,1998.
9304140164 930412 PDR ADOCK 05000275
-99 g
PDR i
i
While the NRC rules governing discovery against parties other than the Staff are modelled on the Federal Rules of Civil Procedure, discovery against the Staff is restricted, since most Staff documents are publicly available as a matter of course and should reasonably disclose the Staff's position. See Pennsylvania Power & Light Co.
(Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613,12 NRC 317,322-323 (1980), citing NRC " Statement of General Policy and Procedure:
Conduct of Proceedings for the Issuance of Construction Permits and Operating Licenses...,"
10 C.F.R. Part 2, App. A, IV(d). Specifically, the Rules of Practice provide that the Staff may be required to answer interrogatories only upon a finding by the presiding officer that answers are necessary to a proper decision and are not reasonably cbtainable from any other source. 10 C.F.R. Q 2.720(h)(ii).
While MFP has identified information which, in the abstract, would be relevant to the issues before this Board, they have made no showing that the information they seek in their interrogatories is necessary to a proper decision and not reasonably obtainable from any other source as required by 10 C.F.R. 6 2.720(h)(ii). The mere fact that they have not found guidance documents or any study specifically related to fire watches does not mean that such documents are in the possession of the Staff but unavailable to public.
Nevertheless, the Staff will voluntarily identify documents known to it that are relevant to the admitted contentions in this proceeding and disclose the names of any witnesses to be used in this proceeding. Notwithstanding these answers, the Staff does not waive its objection that MFP has failed to make the showing required by 10 C.F.R. 6 2.720. As
discussed further below, the Staff will not provide analysis of the reliability of fire watch personnel or a summary of its position of the contentions admitted in this proceeding.
Discovery Request No.1:
Please identify (by report author names and affiliations, repon title, report number, and date of publication) any report or other document known to the NRC staff to evaluate in any way the adequacy of fire watches as a compensatory measure for degraded or inoperable fire barriers.
Answer:
The NRC provides guidance concerning the manner in which inspectors evaluate the adequacy of fire watches in Inspection Procedure No. 71707 of the publicly available NRC Inspection and Enforcement Manual, entitled " Operational Safety Verification."
The need to comply with Technical Specification requirements concerning fire watches is addressed in Inspection Procedure No. 61726, entitled, " Inspection Module or Surveillance."
Discovery Reouest No. 2:
Please identify any standard (such as an ANSI standard or an NFPA standard) or other guidance upon which the NRC staff relies to evaluate fire watch programs established by utilities in the United States as compensatory measures for degraded or inoperable fire barriers.
Answer:
Other than the documents cited in response to Discovery Request No.1, the Staff is not aware of any pertinent standards or guidance.
m.,
y r
..,..e
Discovery Recuest No. 3:
Please identify (by report author names and affiliations, report title, report number, and date of publication) any report or other document known to the NRC staff to have examined the human factors reliability aspect of the performance of fire watches.
I Answer:
This request pertains to a subject beyond the issues in this proceeding. Further, j
the Staffis not aware of any reports or documents examining the human factors reliability I
aspect of the performance of fire watches.
Discovery Reauest No. 4:
j Please describe the NRC staff's understanding of the reliability of fire watch personnel in performing fire watches as compensatory actions for degraded or inoperable fire barriers, addressing, as appropriate, the historical frequency with which fire watches are missed, the historical frequency with which fire watches are late (and by what margin), the historical frequency with which fire watches are deliberately not performed and records related thereto are falsified, and the frequency with which a fire watch misses fire or conditions conducive to the occurrence of a fire (such as the presence of combustibles).
The Staff objects to this request in its entirety on the basis that it is overly broad in that it asks for historical information concerning the operation of dozens of power plants which have been in operation for periods up to forty years in a proceeding f
concerned with the adequacy of interim fire protection measures in place at Diablo Canyon. MFP's request for an analysis of all historical data concerning fire watches is also unduly burdensome and could be performed by MFP itself on the basis of information which is publicly available such as the inspection reports that we list in our
J answer to interrogatory 5. Again, MFP has made no showing that the information it seeks to obtain is not reasonably obtainable through any means other than discovery upon j
the Staff as required by 10 C.F.R. 5 2.720(h)(2)(ii).
Discoverv Reouest No. 5:
Please indicate whether the NRC staff has ever inspected or otherwise evaluated the fire watch program implemented by Pacific Gas and Electric Company at Diablo Canyon Units 1 and 2, and, if so, please identify the inspection reports or other documents containing the NRC staff's evaluation.
Answer:
The Stafflists all pertinent Inspection Reports dated back to July 1991 below. To the extent that MFP requests reports before that date, presumably from the time the plant began operation, the Staff objects to the request as being unduly burdensome and overly broad.
NRC IR 50-275 & 50-323/92-35, March 3,1993 NRC IR 50-275 & 50-323/92-33, January 15,1993 NRC IR 50-275 & 50-323/92-20-01, August 13, 1992 NRC IR 50-275/92-25, October 30,1992 NRC IR 50-275 & 50-323/92-16, October 30,1992 NRC IR 50-275 & 50-323/91-31, December 11,1992 l
Discovery Request No. 6:
Please identify (by name, title, and organizational affiliation) the NRC staff's witnesses in this proceeding.
Answer:
The Staff has not yet decided whether it will call any witnesses in this proceeding.
I 4
. s Discovery Reauest No. 7:
Please provide a summary of the NRC staff's position on the contentions admitted by the Board in this proceeding.
The Staff objects to this discovery request on the grounds that its position has been and will be set forth in pleadings and publicly available documents. Thus, the request is duplicative and fails to comport with the requirements of 10 C.F.R. 5 2.720(h)(2)(ii).
l Respectfully submitted, i
0 MO N
Lisa B. Clark Counsel for NRC Staff Dated at Rockville, Maryland this 12th day of April 1993 l
l l
l i
-v e
y T
-<c-
-my,,
.bif-h UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION 93 APR 12 PS :39 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD, jm In the Matter of
)
)
Docket Nos.
50-275 OLA PACIFIC GAS & ELECTRIC CO.
)
50-323 OLA
)
(Diablo Canyon Nuclear Power Plant,
)
(Construction Period Recapture) l Units 1 & 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SAN LUIS OBISPO MOTHERS FOR PEACE'S FIRST SET OF INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as
~j indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system this 12th day of April 1993:
Charles Bechhoefer*
Office of Commission Appellate Administrative Judge Adjudication
- Atomic Safety and Licensing Board Mail Stop: 16-G-15 OWFN Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File * (2)
Jerry R. Kline*
Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board Mail Stop: EW-439 Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Board Frederick J. Shon*
Panel
- Administrative Judge Mail Stop: EW-439 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: EW-439 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555
Nancy Culver, President Joseph B. Knotts, Jr., Esq.
San Luis Obispo Mothers for Peace David A. Repka, Esq.
P.O. Box 164 Kathryn M. Kalowsky, Esq.
Pismo Beach, CA 93448 Winston & Strawn 1400 L Street, N.W.
l Christopher J. Warner Washington, DC 20005-3502 Richard F. Locke Pacific Gas & Electric Co.
Truman Burns 77 Beale Street Robert Knosian San Franciso, CA 94106 California Public Utilities Commission 505 Van Ness, Rm. 4103 Office of the Secretary * (2)
San Francisco, CA 94102 Attn: Docketing and Service Mail Stop: 16-G-15 OWFN U.S. Nuclear Regulatory Commission l
Washington, DC 20555 l
o Lisa B. Clark Counsel for NRC Staff l
_., _ _ _ _ _ _, _,,_