ML20040C070
| ML20040C070 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 01/20/1982 |
| From: | Silberg J KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8201270230 | |
| Download: ML20040C070 (6) | |
Text
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January 20, 1982
'9HWU UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO.} AN 0
45 Before the Atomic Safety'and Licensing Board is
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KANSAS GAS AND ELECTRIC
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Docket No. STN-50-482 OL COMPANY, ET AL.
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(Wolf Creek Generating Station,
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b SECGIVED E
b 1-MOTION FOR DEFERRAL OF nd 28,8Ca p A
DISCOVERY ON FINANCIAL QUALIFICATIONS On August 19, 1981, intervenor Kansans for Sensib g
Energy ("KASE") submitted interrogatories to Applicants con-cerning tne financial capability of Applicants to operate or decommission the Wolf Creek Generating Station.
On September 24, 1981, Applicants provided answers to these interrogatories
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as well as suppliing relevant documents to KASE.
Additional documents were made available for KASE's review at the offices of Kansas Gas & Electric Company.
Additional answers were supplied on September 29, 1981.
On October 8, 19N1,~KASE filed a motion to compel dis-covery, asserting that answers to certain interrogatories were not adequate.
Applicants' October 23, 1981 answer opposing the motion noted that KASE had failed to identify how the answers already supplied were deficient.
A response to Applicants'= answer was filed on October 28, 1981, by KASE.
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At the direction of the Licensing Board chairman, Applicants and KASE attempted to resolve the dispute by negotiation.
In a December 10, 1981 letter to Applicants' counsel, counsel for KASE proposed that certain categories of additional information relating to Kansas City Power
& Light Company be made available at that company's offices.
With the cooperation of all parties, this information was made available to KASE for review and copying on December 28, 1981.
On about January 13, 1980, counsel for KASE tele-phonically requested Applicants' counsel to arrange for similar document production for Kansas Gas & Electric Company prior to the end of January.
It is this document production which Applicants seek to defer.
The reason for the requested deferral is the imminent action by the Commission on a rule which would remove the necessity for most, if not all, of the requested production of documents.
Because there would be a significant burden on Kansas Gas & Electric Company personnel to collect from throughout the company the numerous and voluminous documents called for by KASE's request, and because that burden is likely to be wasted if the Commission adopts tne rule, Applicants respectfully request that the document production be de-ferred until the Commission has acted.
The rule in question would eliminate most, if not all, financial qualifications issues from operating license e
hearings.
On August 18, 1981, the Commission proposed that at the operating license stage financial qualifications either be eliminated entirely, or limited to decommissioning costs.
46 Fed. Reg. 41786 (1981).
Under the proposal, the rule if adopted be made immediately effective and "will be ap-plied to ongoing licensing proceedings now pending and to issues or contentions therein."
46 Fed. Reg. at 41789.
Thus, if the Commission adopts the proposed rule in either formulation, it would result in either the dismissal of the financial qualifications contention or at the least its limitation to decommissioning costs.
The comment period expired on October 19, 1981.
We have been informed that the Staff paper recommending action on the proposal was de-livered to the Commissioners on or about January 18, 1982.
While Applicants do not know what position has been recom-mended by the Staff or what position will be adopted by the Commissioners, it would appear the action on the proposal is imminent.
It would therefore seem reasonable to defer the man-days of effort required to collect and organize the requested documents until the Commission has acted, especially since we would expect the Commission to act with dispatch.
If the Commission adopts the proposed rule, this effort will have been wasted.
Should the Commission change its mind from the positions set forth in the proposed rule, the major im-pact will have only been a deferral of perhaps a few weeks in one phase of discovery..
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v Counsel for Applicants and counsel for KASE have discussed this matter over the telephone but were unfortunately unable to reach agreement.
Applicants therefore request that the Licensing Board resolve the issue.
Counsel for Applicants have informed counsel for KASE earlier today that t.51s motion is being filed.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE MT ny I
f, Jay-Silberg
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De sa'A. Ridgway Counsel for Applicants
'l 1800 M Street, N. W.
Washington, D.
C.
20036 (202) 822-1000 Dated:
January 20, 1982 i
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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KANSAS GAS AND ELECTRIC
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Docket No. STN-50-482 OL COMPANY, ET AL.
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(Wolf Creek Generating Station,
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Unit 1)
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CERTIFICATE OF SERVICE This is to certify that copies of " Motion for Deferral of Discovery on Financial Qualifications" were served, by deposit in the United States Mail, first class, postage pre-paid, this 20th day of January, 1982, to all those on the attached Service List.
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Jay E; Silberg 7j l
Dated:
January 20, 1982 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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KANSAS GAS AND ELECTRIC COMPANY, e_t _a_l.
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Docket No. STN 50-482
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(Wolf Creek Generating Station,
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Unit No. 1)
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SERVICE LIST James P. Gleason, Esquire Kent M. Ragsdale Chairman General Counsel 513 Gilmoure Drive Missouri Public Service' Commission Silver Spring, Maryland 20901 P.O. Box 360 Jeffereon City, Missouri 65102 Dr. George C. Anderson Department of Oceanography A.
Scott Cauger, Esquire University of Washington Assistant General CounJel Seattle, Washington 98195 Missouri Public Service Commission P. O. Box 360 Dr.
J. Venn Leeds Jefferson City, Missouri 65102 10807 Atwell Houston, Texas 77096 Eric A. Eisen, Esquire Birch, Horton, Bittner & Monroe Myron Karman, Esquire 1140 Connecticut Avenue, N. W.
Deputy Assistant Chief Washington, D. C.
20036 Hearing Counsel Office.of the Executive C. Edward Peterson, Esquire Legal Director Assistant General Counsel U. S. Nuclear Regulatory Commission Kansas Corporation Commission Washington, D. C.
20555 State Office Building - 4th Floor Topeka, Kansas 66612 Atomic Safety and Licensing Doard U. S. Nuclear Regulatory Commission J6nn M. Simpson, Esquire Washington, D.
C.
20555 4400 Johnson Drive Suite 110 Atomic Safety and ' Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Docketing and Service Section Office of the Secretary U. S. Nucle.sr Regulatory Commission Washington, D. C.
20555