ML20041G452

Motion to Compel Util to Answer Suffolk County 820306 Interrogatories 33 & 36 & 820305 Document Production Request 37 & 820308 Document Production Request 1.Certificate of Svc Encl

ML20041G452
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/18/1982
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8203220319
Download: ML20041G452 (12)

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UNITED STATES OF AMERICh'U-F  :

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NUCLEAR REGULATORY COMMISSION .

BEFORE THE ATOMIC SAFETY AND LICENSING BOAR b' El'fgg 82 1918 P2 M Z kagj. --

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In the Matter of ) 'b ff LONG ISLAND LIGHTING COMPANY N

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(Shoreham Nuclear Power Station, ) Docket No. 50-322 O.L.

Unit 1) )

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SUFFOLK COUNTY MOTION TO COMPEL DISCOVERY FROM LILCO Pursuant to the Licensing Board's oral directive at the Prehearing Conference, counsel for Suffolk County and LILCO have met on several occasions to resolve differences concerni'ng~Suffolk County's outstanding Interrogatories and Document Production Requests. In most instances, counsel were able to reach satisfac-tory resolution of their differences.1! However, with respect to two Interrogatories and two Document Production Requests, LILCO has interposed objections and, accordingly, Suffolk County hereby moves this Board to compel LILCO to answer these Discovery Requests.

The first item as to which LILCO objects is Interrogatory No. 33 of Suffolk County's Second Set of Interrogatories, dated March 6, 1982. This Interrogatory is ar follows:

1! Suffolk County dropped or limited a large number of Discovery Requests in the interest of obtaining responses to key Requests without further litigation.

07 8203220319 B20318 60 i PDR ADCCK 05000322 o PDR

l Describe the approximate total number of hours

.of LILCO audits of Shoreham, the number of non-compliances found, the number of violations discovered, and the approximate number of hours spent closing out audit violations and noncompli-ances. Identify all documents concerning these

matters.

! Interrogatory No. 33 is clearly relevant to the subject l

matter of Suffolk County contentions 12-15, since it directly ,

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concerns.the thoroughness of LILCO's QA audit program. Suffolk

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County's intention is not to be burdensome, and the County would

be amenable to a reasonable response by LILCO which addresses the substance of this Interrogatory. However, LILCO has. interposed

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! a blanket objection to the Interrogatory.

Th'e NRC Rules of Practice provide that " parties may obtain fiscovery regarding any matter not privleged, which is relevant to the subject matter involved in the proceeding."

10 C.F.R. S 2.740 (b) (1) . See also, In the Matter of Pennsylvania l

l Power & Light Company and Allegheny Electric Cooperative (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613, <

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September 23, 1980, and authorities cited therein.

i j In view of the fact that Interrogatory No. 33 seeks

! clearly relevant and non-privileged data, Suffolk County respect-  !

fully requests this Board to order LILCO to respond.

The second Interrogatory as to which a dispute exists is Interrogatory No. 36 of the same March 6, 1982, Interrogatories.

! This Interrogatory is as follows:

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Does LILCO believe it has identified and resolved all quality deficiencies and root causes of non-conformances at Shoreham to date? If yes, please provide a list of all quality deficiencies and root causes discovered, including the respective correc-tive actions. If no, what quality deficiencies and/or root causes does LILCO believe it has not identified and resolved? What action is planned to investigate these, and on what bases does LILCO justify that its OA program has been implemented in accordance with the requiremer.ts of 10 C.F.R.

50. 34 (a) (7) and 10 C.F.R. 50, Appendix B? Identify all documents which concern identification of quality deficiencies and root causes of nonconfor-mances.

Again, Interrogatory No. 36 is clearly relevant to the subject matter of Suffolk County Contentions 12-15. In seeking identifi-cation of QA deficiencies, the Interrogatory constitutes an essential part of discovery necessary to enable the County to prepare its case. The County perceives no legitimate basis for LILCO to object. Accordingly, the County requests this Board to compel LILCO to provide a response.

The third issue as to which LILCO has objected con-corns Document Production Request 37 of Suffolk County's March 5 Request for Production. In discussions with c ounsel for LILCO, Suffolk County agreed to limit this Document Request S! to the following:

S!In the original Request, Suffolk County sought all " audits, analyses, investigations, studies, reviews or other documents . .'.."

Suffolk County agreed to limit the Request to " audits" required by Appendix B or committed to in the FSAR, but LILCO still has objected to a portion of the Request.

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-g-All audits required by Appendix B or committed to in the FSAR, prepared or conducted by or on behalf of any person, concerning the effective-ness of the QA programs of:

(a) Comstock/ Jackson; (b) Stone & Webster; (c) Courter; (e) Dravo; (f) LILCO; (g) Other contractors; and (h) Other subcontractors. -3/

LILCO agreed to produce the documents (a)-(f) above, but has refused to produce audits of other contractors and subcontractors.

Suffolk County requests this Board to compel LILCO to produce the subject documents. The audits of contractors and sub-contractors subject to QA requirements -- many of which are known only to LILCO -- are clearly essential ingredients of a properly implemented quality assurance program and bear directly on the County's QA contentions. The County needs the subject documents to prepare its case, and LILCO has provided no basis on which the County's request could be denied. They should be produced.1!

d! Subpart (d) of the original Request was " Jackson" which was combined into subpart (a), "Comstock/ Jackson," in the revised Request.

A!Suffolk County is not sure of the basis for LILCO's objection to the responding to Request 37. It may be LILCO's view that some of these subcontractors and contractors are small and that the County should be satisfied with large contractors. However, a4 was demonstrated in the recent proceedings concerning Pacific Gas and Electric Company and the Diablo Canyon plant, it was pre-cisely many of the small contractors and subcontractors as to which poor QA design controls were not implemented in accordance with the quality assurance regulations of the NRC. Accordingly, it is essential that the County have access to these vital data concern-ing the QA programs and audits thereof of entities which perform-ed safety-related work for LILCO.

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-S-s The final objection by LILCO concerns Document Produc-tion, Request No. 1 of the Supplement to Suffolk County's Second Request for Production of Documents, dated March 8, 1982. This Document Production Request is attached hereto as Exhibit 1.

i i As the Board will see from the deldions noted on Exhibit 1, Suffolk County has agreed to limit this Request to QA documents dated subsequent to March 15, 1978. Further, this Request iden-

! tifies specific categories of documents according to a computer-

)

ized quality assurance index maintained by LILCO. Thus, the i

documents are easily identifiable by LILCO. Finally, Suffolk 3

County has not requested all possible records from LILCO's

quality. assurance index, but rather has asked only for records relating to equipment which is involved in other Suffolk County

, Contentions pending before this Board. Accordingly, Suffolk County has made an entirely relevant, specific document request pertaining to essential QA records as to which the County needs access in order to prepare its case. The County requests the l

Board to compel LILCO to produce these documents.

In addition to the foregoing, Suffolk County also raises

! the following additional matter. In Suffolk County's Second Re-i quest for Production of Documents, dated March 6, 1982, the County requested documents from LILCO concerning seismic activity during the past 24 months in the northeastern United States. See Request 5. During negotiations with counsel for LILCO, Suffolk County initially agreed to delete these requests. However, upon 4

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further consideration, Suffolk County believes the data requested are specific and clearly relevant to an important safety concern in this proceeding. That concern is whether recent seismic events in the northeastern United States raise doubts about the ground motion assumptions utilized in the design and construction of the Shoreham facility. These assumptions relate directly to SOC Con-tention 19 (o) covering damping and respor.Je spectra, both of which are meaningful only in the effect they have on the response of structures, systems and components in the plant to the actual ground motion experienced at the plant. Accordingly, the County hereby reiterate's its request that LILCO produce these documents.

In the event LILCO objects to this request, during the conference call on March 19, the County respectfully requests the Board to rule that the documents be produced.5/

Respectfully submitted:

DAVID J. GILMARTIN Suffolk County Attorney PATRICIA A. DEMPSEY Assistant Suffolk County Attorney l

Suffolk County Department of Law Veterans Memorial Highway Hauppauge New York 1788 2, ,

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/ .Lul _ll (./ (Il Herbert H. Brown /

Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS l 1900 M Street, NW, 8th Floor Washington, D.C. 20036 March 18, 1982 (202) 452-7000 Attorneys for Suffolk County 5! Suffolk County will attempt to discuss this matter with LILCO's counsel prior to the March 19 conference call.

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EXHIBIT 1 ,

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UNITEDSTATE50FAMERICA NUCLEAR FIGULATORY COMMISSION .

BEFOPI THE ATOMIC SAFETY AND LICENSING BOARD

)

)

In the Matter of )

) '

LONG ISLAND LIGHIING COMPANY ) s

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power ) 4

' Station, Unit 1) )

) *

) i SUPPLEMENT TO SUFFOLK COUNTY SECOND REQUEST' FOR PRODUCTION OF DOCL?iENTS BY LONG ISLAND LIGFTING COMPA'N on March 6, 1982, Suffolk County filed a second request for prod'uc-tion of documents by LILCO. The County hereby supplements the second request and requests that the following documents also be produced.

DEFINITIONS AND INSTRUCTIONS .

The definitions and instructions applicable to these Requests are the same as those set forth in Suffolk County Request for Production of Documents by Long Island Lighting Co=pany, dated March 5,1982.

DOCUMENTS TO BE PRODUCED Suffolk Co. Contentions 13-15 ,

On March 22, 1978, LILCO provided an "index of Shoreham quality 1.

assurance (QA) records that 10 CFR Part 50, Appendix B, Criterion XVII requires LILCO to retain . . .."* Letter from F. C. Whittemore to I. Like, March 22, 1978.

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a, -7y- 1 A-- 7-nvided by TTTen-~;;;di'..-r---w[-r O

• F. arch li, 1^70. T. .id: :h: -- r'vakia #drr f;. he perfed-Ma nh 15, 107S 1: pr:r-- .

r I b. Provide the following categories of documents identified e

in the previously supplied index, in each case providshg-17 th::: documeNtslistedintheindex:....;h cet

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.xarch li, 19ta s.,m .v.e_es, s,-,,,,..

deewnent+;of the -sa=e category which have been added to .

- the index in the period March 15, 1978 to the present:

(i) p.85 QAP-S-06.2 Centrol of Site OQANS OQAPS OQAI CONT S0QC Proc. & INST 08-31-77 Y;l b-l (,CO ~~

(ii) p.85 SPI-IN-003 GE/NSS Spare Part Receipt Inspect.

Obd4 ' (Iaciuding 7 MPL ite=s listed on p.85) .

(iii) p.85 SPI-IN-039 30P Spare Pts Receiving Inspect.

(Including 4 items listed on p.85)

(iv) p.88 1A21.200 Reportable Items; SYS-200 (Including 5 categories listed on p.88)

(v) p.183-4 1A95 7ersonnel (Including all 1A95.220 startup rec. qual. & cert. plus all updates for new personnel) .

(vi)p.185-199 1311. Reactor Assembly System (Included are RPV, Internals, No::les, CRD Bousings) l (vii) p.200 1321.010 System Wide Des. Info. (Includes PSI Weld List) 1 .

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A (viii) p.206-219 1321.220 Shtp Tcbriccccd Pipa * *

(Includa cil radiographs of 4 in. pipa,-

12 in. pipe, and 24 in. pipe only)

(ix) p.231 1321.320 Non-mechanical valves 321-F013L Main Steam Line B S/R valve (x) p.251-53 1C41 Standby Liquid Control System (Include all documents)

(zi) p.255 1C61 Reactor Remote Shutdown System (all documents) ,

(xii) p.257 1C91 Plant Computer System (all documents) s (xiii) p.334 1E21.010 System Wide Information/ Core Spray System Jtt,CO W 'll -

1E21.220 Shop Fabricated Pipe / Core spray eh . (xiv) p.340 (Include 'all items pertaining to kT2-2-04, i

' and WR2-2-05, and WR21-2-01) .

p.345 1E21.250 Field Welds / Core Spray (xv) 1C057- N-04 SPL-WR2-2-2 to WR-2-2-4 (xvi) p.346 1E21.250 t -

i 1C065- W-01 SPL-WR2-2-5 to VLV-MOV035A (xvii) p.459-464 IM43;010

• System Wide Design Info./ Fire Protection (All documents)

(xviii) p.568 IN32 Turbine Control System (All documents)

.(xvix)p.614-15 1P33 Sample System (All documents) p.616 1P41-110 Pumps / Service Water System (xx)

(All documents in this section) 1R36 AC Uninterruptable-Vital-Power Supply (xxi) p.739 (All documents)

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(xxii) p.797 1723.010 Syste= vide Design Info./ Reactor

. Primary Containment Liner System (All documents)

(xxiii) p.797 1T23.310 Manual valves / Suppression Cha=ber (All documents)

(xxiv) p.834 1T48-150 Primary Containment Atmosphere -

j Hydrogen Control (All documents) ,

lY30.010 Syste= vide Design Info./Coner. Batch (xze) p.909 (All docu=ents)

II (xxii) p.911 lY30.200 Concrete Test Reports

[lbb0 - .

( j e > (All documents)

c. Provide all copies, including, but not limited to the most recent versions, of the following documents not listed in the index:

k1) LILGU Qn/QC i.wdi; (cf ;he 57;;;;; identf 'f^# #"

'b')

(ii) C i L' Qt./QC .".udit; (of .y ;m_. identificJ iu (L))

(iii) Iudcycadens yaiyL Auolcs (vf myo;c;; id:nti44ed in (5) );

ller 2.3i; wI ouuuuuui w.ws. with Qe. umspam.Lili,j (iv) Qualification Records (of system /co=ponents identified in (b))

(v) As-built drawings (of syste=s/ components / structures identified in (b)) .

(vi) Resolution of E&DCRS (of systems / components / structures identified in (b))

(vii) Resolutions of I&E Reports / Findings (of syste=s/

! components / structures identified in (b))

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~ :n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONil2 1818 P2 :10 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD lt 5 k;i4

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (O.L.)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the Suf folk County Motion to Compel Discovery from LILCO, have been served this 18th day of March, 1982 by U.S. Mail, first class, (except as otherwise noted) to the follow'ng:

Lawrence Brenner, Esq.* Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter

• 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.*

Washington, D.C. 20555 Hunton & Williams 1919 Pennsylvania Ave., N.W.

Mr. Frederick J. Shon* Washington, D.C. 20036 Administrative Judge stomic Safety and Licensing Board I

d.S. Nuclear Regulatory Commission Jef fr ey Cohen, Esq.

Washington, D.C. 20555 Deputy Commissioner & Counsel New York State Energy Of fice Edward M. Barrett, Esq. Agency Building 2 Administrative Judge Empire State Plaza Atomic Safety and Licensing Board A! bany, New York 12223 U.S. Nuclear Regulatory Commission .

Washington, D.C. 20555 Stephen B. Lath am, Esq.**

Twomey, Latham & Shea Mr. Brian McCaffrey** Attorneys at Law i Long Island Lighting Company P.O. Box 398 175 East Old Country Road 33 West Second Street 6 Hicksville, New York 11801 Riv erh ead , New York 11901 l

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Marc W. Goldsmith Mr. Jef f Smith Energy Research Group, Inc. Shoreham Nuclear Power Station 400-1 TottC Pond Road P.O. Box 618 Walth am, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jos e, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David H. Gilmartin, Esq. County Executive / Legislative Suf folk County Attorney Building County Executive / Legislative Bldg. Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezr a I. Bialik Esq.

Atomic Safety and Licensing Assistant Attornr.;' General Board Panel Environmental Protectin Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section* New York, New York 10047 Of fice of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq.* Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,~

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March 18, 1982 , IC~ (' ,

Karla J. Letsche KIRKPATRICK,_$OCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., 8th Floor j Washington, D.C. 20036

• By hand

• Federal Express

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