ML20039C184

Objections to Formal Discovery Requests of ZAC-ZACK. Commonwealth of Ky Does Not Have Any Contentions in Proceeding,Thus Is Not Party.Certificate of Svc Encl

ML20039C184
Person / Time
Site:	Zimmer
Issue date:	12/28/1981
From:	Martin D KENTUCKY, COMMONWEALTH OF
To:	ZIMMER AREA CITIZENS - ZIMMER AREA CITIZENS OF KY
References
NUDOCS 8112290003
Download: ML20039C184 (5)

Text

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000'.ETEF UP tl?!ITED S"ATES OF AMERICA REGUI.ATORY COMMISSIO!b gA g 73 pg7: 14

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In the liitter of C F E J ' f: ut' EM Wil: ,

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The Cincinnati Gas & )

Elect ric Comparv/, et a1 )

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Docket No. 50 "]

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(Wm. H. Zimmer !!uclear )

Power Station) ) p accave COf 10NWEALTH OF KEN'"UCKY ' S OBJECTIOt!S '"O THE FORMAT. DISCOVERi- g uns WEEllW (7 DEC281Mi* $1 REQUESTS OF ZAC/ZACK y W, "

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'"he Connonwealth of Kentucky is a participant in the operating license hearings for the Willian H. Zimmer Nuclear Power Station (ZNPS) pursuant to 10 CFR 2.715(c) as an interested state. The Commonwealth of Kentucky does not have any contentions ednitted in this proceeding. At tha prehearing conference held by this board in Cincinnati on November 15, 1981, counsel for the Commonwealth informed the Board that in view of the substantial progress made in negotiations with C i nc i n n a '- i Gas and Electric Company concerning emergency planning needs, the Commonwealth did not intend to put on a case in the impending hearings concerning emergency planning.

The Commonwea1th has a1so not taken a pasition on the advisability of issuing an operating 1icense for the ZNPS.

Under these circunstances, there is no basis in law or logic for subjecting the Comnonwealth to the burdens of formal discovery, particularly the interrogatories filed by ZAC/ZACK.

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10 CPR 2.7405 only authorizes the 9ervice of interrogatories on parties. Parties other than the applicants an1 the t!RC Staff must have a contention to be tried by the licensing board in order to maintain party status. 10 CFR 2.714(b). See also,

, 10 CFR 2.705. The whole purpose of discovery is to reveal what

] evidence the advocates or opponents of the issuance of a license will put forward at a hearing of contested issues.

Accordingly, there is no reason to treat an interested state as if it were a party when that state does not have or advocate a j specific contention. The River Bend decision cited by ZAC/ZACK says nothing to the contrary. That case only held that when a state fails to make a sufficiently specific statement of a new issue it attenpts to raise, the licensing board does not have to rule on the new issue as a contested matter. It should necessarily follow that if a state is not advocating an issue, it should not be subjected to the burdens of formal discovery to reveal the basis of contentions the state loes not advocate before the licensing board.

Accordingly, the Commonwealth requests a protective i

order denying ZAC/ZACK the right to make formal discovery requests upon the Commonwealth based on the emergency planning contentions admitted by the Licensing Board. As an alternative basis for relief, the Connonwealth objects to the ZAC/ZACK interrogatories as extremely burdensone. Question 59 may also be objectionable as requesting privileged information. These

l gro,unds are elaborated on in the " Objections to ZAC/ZACK interrogatories" filed by applicants, and are antoptel by the Commonwealth.

The Commonwealth in aware that its emergency planning effort will probably he a subject of inquiry at the hearing scheduled to commence on January 25, 1982. Accordingly, without waiving its rights as stated above, the Commonwealth has attempted to provide information renponsive to %AC/ZACK' interrogatories thTt is in itc possession or available through reasonable inquiry. These informal responses were prepared by employees of the Department of ?tilitary Affairs, Division of Disaster ani Emergency Services, the lead state agency for such radiological emergencies, and by consultants from Stone and Webster. It is hoped that this information will facilitate the tasks of the parties an1 the Board in conducting the hearing.

Respectfully submitted, STEVEfi L. BESiiEAR i L*

ATTOMEYGENER,Ll//8 y ' Mr <[n g ,.

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BY: DAVID K. MARTIN ASSISTANT ATTORNEY GE"1ERAL CAPITOL BUILDING FRANKFORT, KEf2TUCKY 40601 COUNSEL FOR COMMONWEALTil OF KENTUCKY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing COftf10NWEALTil OF KENTUCKY'S OBJECT 10'JS TO TiiE FORf!AL DIGCOVERY REQUESTS OF "AC/2ACK AND Tile CITY OF MENTOR has been mailed to the following:

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An<lrew D. Dennison 200 riain Street Batavia, Ohio 45103 James II. Feldman, Jr., Esq.

Fifth Level 216 East Ninth Street Cincinnati, Ohio 45202 George E. Pattison, Esq.

462 E. Main Street Batavia, Ohio 45103 John D. Woliver, Esq.

P.O. Box 47 550 Kilgore Street Batavia, Ohio 45103 Willian .T. Moran, Esq.

General Councel Cincinnati Gas & Electric Co.

P.O. Box 060 Cincinnati, Ohio 45201 Atomic Safety an1 Licensing Unard Panal U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board U. S. fluelear Regulatory Commission Washington, D. C. 20555 Troy N. Conner, Esq.

Conner & Wetterhahn 1747 Pennsylvania Avenue ti.U.

Washington, D. C. 20006 Charles A. Barth, Esq.

U. S. fluclear Regulatory Commission Room MtlBB 9604 7735 Old Georgetown Road Betjesda, Maryland 20014 Deborah Webb 7967 AlexanIria Pike-Alaxandria, Kentucky 41001

Docketing and Service Section Office of the Secretary U. S. tiuclear Regulatory Commission Washington, D. C. 20555 Dr. Bl . Stanley Livingston, Member Atomic Safety and Licensing Board 1005 Calle Largo Sante Fe, New Mexico Dr. Frank F. Iloope r , Member Atomic Safety & Licensing Bord School of Natural Resources University of flichigan Ann Arbor flichigan 48109 John 11. Frye, III Chairman, Atomic Safety and Licensing Board U. S. ?!uclear Regulatory Commission Washington, D. C. 20555

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DAVID K. MARTIN ASSISTANT ATTORNEY GENERAL COUt!SEL FOR CO!!MONWEALTil

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