ML20036A434

Ccmn Motion for Leave to Compel & Motion to Compel Nene & NRC to Fully Respond to Ccmn Discovery Requests & Ccmn Motion for Variance in Schedule for Filing Response to Licensee Summary Disposition Motion.* W/Certificate of Svc

ML20036A434
Person / Time
Site:	Millstone
Issue date:	04/30/1993
From:	Marucci M CO-OPERATIVE CITIZEN'S MONITORING NETWORK, INC. (CCMN
To:	NORTHEAST NUCLEAR ENERGY CO., Atomic Safety and Licensing Board Panel
References
CON-#293-13933 NUDOCS 9305110210
Download: ML20036A434 (3)

Text

EEFrEE THE ATOMIC SAF ENSING BOARD--

aNnt In the "atter cf CYV ' fe MM /d.)

4

[U i

Do x3t h '5@ 300 vlM9-NORTHEAST NUCLEAR ENERGY 4 -ISpent %1 Pool Design)

COMPANY, er.

al.

Q G: Dsjfd. 5,

9, gn, jppg4 @& m

, 7',3 (Millstone Nuclear power Sta

^

~1 6

?-

Unit 2)

( N N u[ \\

xgx pril 30, 1993 CCMN MOTION FOR LEAVE TO COMPEL AND MOTION TO COMPEL NNECO AND NRC TO FULLY RESPOND TO CCMN'S DISCOVERY REQUESTS.

and CC?4N MOTION FOR VARI ANCE IN SCHEDULE FOR FILING RESPONSE TO LISCENEE'S

SUMMARY

DISPOSITION MOTION.

We believe we were duly diligent in the construction and presentation of our interrogatories submitted for the discovery process.

Our expert has provided tremendous detail, and we believe our requests to be reasonable and prudent.

However, without certain materials and/or information which NNECO has objected to providing, we are unable to properly respond to the statements of fact that NNECO will be presenting on May 7 when they file their motion for summary disposition.

Additionally, we failed to follow up and ask the Licensing Board for a motion to compel NECCO and the NRC to fully respond to our interrogatories because we misinterpreted the time frame in which we were to file our objections to their objections to our inquires.

We do not believe any delays will prejudice their case since NNECO has already been granted the Amendment in question.

We need to be afforded the opportunity to receive full responses to our questions.

We do believe that without access to the Keno programs and other programs that were used for predicting the K.,,

and methods and materials used for determining the margin of safety afforded by Boraflex, we will not be able to properly respond to the NNECO summary disposition motion.

Also, because of the technical nature of the contention currently accepted befcre this board, all scheduling should include the availability of Dr. Kaku.

Because of previous failure of the b;ard :: reccgnize this need, the partial responses to our i ca ery,;ecti:ns m.e at a time which gave him almost no time

• O review ?ertinent material.

His teaching schedule will not anable.im

. ;ive as 'he nenefit of his ee:pertise until June.

Dr *he reasonc heretofore presented. i t. 15 abso2 utely necessar',

i

'A?

". e 18Ve i ; ' :n he KenG prCgrams

• hat Were uOed by 3ECL, 9305110210 930430 Agh PDR ADOCK 05000336 ff g

PDR

e and the NRC to check the K.,,

calculations and '.rce made available to him any cther materials or programs which were used in this process.

We also require that he be given sufficient l

time in June to run the program (s) as a check of the NRC and l

NNECO runs.

1 l

l Objections were made by NNECO against making available to us the l

pregrams and input data used by Holtec for prefcrming their i

calculations due to propriety.

Dr. Kaku has indicated to us his l

need for this material and has stated to us his willingness to l

abide by the confidentiality of such propriety.

l If our motion to compel is not accepted, then all we can do is l

move forward with what we have, prejudiced by its incompleteness.

Therefore, CCMN, Inc. hereby petitions the Atomic Licensing and Safety Board for leave to move that NNECO and the NRC be compelled to provide full responses to our discovery questions #1 and #2 of December 5, 1992.

Such responses must include making available all materials and programs pertinent to the compilation of such information presented by NNECO and the NRC as material facts relating to the redesign of the Millstone II spent fuel pool.

CCMN, Inc. also moves that the Board extend the period of time that we have to respond to the NNECO summary disposition motion, which they have stated will be filed on May 7, from May 29 to June 29 to allow our expert to properly evaluate the validity of the information presented by NNECO and NRC as material facts.

We further feel, at this time, it is fully appropriate for CCMN, Inc. to be provided with the list of witnesses NNECO and the NRC plan to have testify on their behalf.

Thank you for you consideration in the above matters.

I Sincerely, MARY' ELLEN MARUCCI i

Coordinator, CCMN, Inc.

j

9 to j

g 4

+

i

^.

ex y. >r g

MAY -'i 1993

?...

m dNgo' CCMN p[M@$bkf ' ECT[oPM

hereby certify that signed O

OR

{

REQUESTS FOR LEAVE TO FILE, VARIANCE OF RESPONSE TIMES ha

. en se 'ed\\ y first class U.S.

$~1f.. '. rsons,.whose names are l

Mail on all the following perso P

followed by a fax number were also

. aid 9n'signM. copy.

ctt A NL Office of Commission Appellate l

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

Administrative Judges............ f ax ( 301) f[da$ 7d M Ivan Smith, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 l

John T. Hull,'Esq............... fax (301) 5 04 - FW+

~

Ann P. Hodgdon, Esq.

JJAf Office of the General Counsel U.S. Nuclear Regulatory Commission-Washington, D.C. 20555 i

Secretary of the Commission..... fax (301) 504-1672.

Docketing & Service Branch i

U.S. Nuclear Regulatory Commission j

Washington, D.C. 20555 Richard M. Kacich I

Director, Nuclear Licensing Northeast Utilities P.O.

Box 270 Hartford, CT 06101 i

Nicholas S. Reynolds, Esq........ fax (202) 371-5953 John A. MacEvoy, Esq.

Winston & Strawn 1400 L Street, N.W.

Washington, DC 20005 Dated at New Haven, CT M M kr ~- S this 3rd day of May, 1993 Coor/dinator, CCMN,Inc.

i l

u.

-