ML20050C338

Supplemental Motion Answers to Second Request for Production of Documents.Aslb 820216 Order Covers Matl Sought.Certificate of Svc Encl.Related Correspondence

ML20050C338
Person / Time
Site:	Clinton
Issue date:	03/31/1982
From:	Neuman R ILLINOIS, STATE OF
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8204080414
Download: ML20050C338 (10)

Text

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ELLATED CORRESPONDENCR CO,Qgg UNITED STATES OF AMERICA .g (FA O NUCLEAR REGULATORY COMMISSION IN THE MATTER OF ) e ILLIN0IS POWER COMPANY, )

S0YLAND POWER COOPERATIVE, )

INC. and WESTERN ILLINOIS ) Docket No. 50-461 OL POWER COOPERATIVE, INC., )

)

(0perating License for )

Clinton Power Station, )

Unit-1) J

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ILLIN0IS' SUPPLEMENTAL N0 TION TO COMPEL ANSWERS TO ITS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO APPLICANTS The State of Illinois (Illinois), by its atEprney, TYRONE C. FAHNER, Attorney General of the State of Illinois, supplements i ts prior motion, pursuant to 10 C.F.R. 5 2.740 (f),

for an order further compelling applicants, Illinois Power Company, Soyland Power Company, and Western Illinois Power Cooperative, Inc. (IP), to produce documents. In support Q

of. this supplemental motion Illinois states as follows: @

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As stated in Illinois' o Motion to Compel filed ' e(mbgrfu 31, 1981, IP on December 15, 1981 mailed its response to Illinois' Second Set of Interrogatories and Request.for Production of Docu-ments. In its response, in pertinent part, IP object to all of

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9 Illinois' document production requests, except for Request

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No. 1. .IP therein posited two general objections to most of Illinois' requests, those being that the information sought had already been made available by IP in first round discovery and that it was not necessary for clar-ification of any matters raised in the first round.

In its oral ruling of February 16, 1982 on Illinois' Motion to Compel, the Board largely dismissed as groundless IP's general objections, and went on to order IP to answer several specific requests. However, the Board apparently neglected to rule upon the Motion in.,re-lation to the document requests.

II.

Argument As the grounds asserted by IP in opposition to the document requests were virtually identical to those held invalid by the Board as to certain interrogatories, Illinois submits that IP must produce those documents, and herein expressly incorporates the arguments put forth in its earlier Motion. Indeed, Illinois by letter (Exhibit A, attached here-LO) informed IP of its position and requested production of those documents. In its reply letter of March 16,1982 (Exhibi t l

B, attached hereto), IP indicated its willingness to produce

'certain documents, but objected to others, again, on the basis that they were made available in the first round.

Without belaboring the point, Illinois submits that the Board's order of February 16, 1982 clearly covered the material sought. As informal attempts to resolve this matter have failed, Illinois requests the Board to specifically expand its previous order and require IP to fully respond to the following parts of its Second Request for Production of Documents:

Requests 4, 9, and 12-17.

WHEREFORE, for the reasons stated above Illinois prays that the Board order IP to fully respond to the Docu-ment Requests listed above.

Respectfully submitted, TYkONE C. FAHNER ATTORNEY GENERAL STATE OF ILLIN0IS BY: Efed d - h w s.u Reed W. Neuman i \

Assi'stant Attorney General Environmental Control Division 500 South Second Street Springfield, IL 62706 (217) 782-9031 -

0F COUNSEL:

Philip L. Willman Assistant Attorney General DATED: March 31, 1982 l

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.r. . .aa ea EXHIBIT A

~ SCllIFF HARDIN & WAITE WASHINGTON OFFICE:

7200 Sears Tower.233 South Wacker Drive. Chicago Illinois 60606 1101 Connecticut Ave ashington.D.C.20036 Telephone (312) 8761000 Twx 910 221-2463 Telephone (202) 857 '0600 /p l k  %

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l lb?!? y March 16, 1982 / g/Sg7 l.NSICt; N!IVGg'~U s, j N s /

s Mr. Philip L. Willman s ; ./

Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Re: Illinois Power Company, et al. ,- (Operating License for Clinton Power Station, Unit 1 50-461 OL

Dear Phil:

In your letter to me of February 16, 1982, you pointed out that the Board, in our conference call of February 16, did not specifically rule on certain interrogatories and document requests covered by the State's motion to compel.

You took the position that Applicants must answer Interrogatory Nos. 5 (a)-(c) , 5 (e) , 9 (a) , 9 (b) , 28, 29, 34, and 40, to the extent not already answered, and that Applicants must produce the documents requested in item Nos. 2-17 of the State's request for production. The basis for your position was "the Board's decision to disallow the Applicants' two general grounds for objection."

The Board ordered the Applicants to answer certain second round interrogatories because these interrogatories were more narrowly focused than the State's general first round requests. Although much of the information requested was available to the State in the first round, it was available only because it was contained in the thousands of documents produced in response to the State's extraordinarily broad I

first round requests. Since the State's second round interrogatories asked for specific information that could be drawn from the documents and presented in a more coherent form, the Board rejected Applicants' general objections.

Following the reasoning of the Board's order, Applicants are willing to answer the State's interrogatories not specifically addressed by that order. Interrogatory Nos. 5 (a) - (c) , 5 (e) , and 9 (a)-(b) were fully answered in Applicants' initial response to second round discovery.

Interrogatory Nos. 34 and 40 are answered in Applicants' response filed today.

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EXHIBIT B -

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SCIHFF HARDIN & WAITE Mr. Philip L. Willman Page Two March 16, 1982 Two of the State's document requests are just as broad as the first round " shotgun" requests, and they ask for documents already produced in the first round. Six others specifically request groups of documents that were clearly segregated and marked for the State's review in first round document production. There is nothing in the Board's order to suggest that Applicants must repeat first round production. To the extent that the State's second round document requests identify particular documents, however, Applicants are willing to respond in accordance with the reasoning of the Board's February 26 order.

Specifically, Applicants are willing to produce the documents requested in Nos. 2, 3, 5, 6, 7, 8, 10, and 11, and the documents specifically identified in 4 (a)-(d) and 9. The other documents requested in No. 4, "all Baldwin Associates Quality Control or Quality Assurance audit reports,"

and in No. 9, "all documents related to NRC's Systematic Assessment of License Perforn'.ance Review," were available in response to first round requests. There is no greater specificity in the second round requests that would warrant their production again.

The documents requested in Nos. 12-17 were available in the first round, clearly segregated and marked according to the subject matter identified in each request. In fact, these requests were obviously drawn by the State directly from an index to Illinois Power files that was furnished to the State in first round discovery. For each request in Nos. 12-17, the corresponding file number and description is listed below:

[12. All documents related to meetings held between IP and NRC.] .

M40: Meetings, NRC l

(13. All documents related to meetings held between IP and GE.]

M37: Meeting Notes from Meetings held at General Electric

[14. All documents related to meetings held between IP and BA.]

l M38: Meeting Notes from Meetings held at BA.

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'SCH1FF HARDIN & WAITE Mr. Philip L. Willman Page Three March 16, 1982

[15. All documents related to meetings held between IP and Sargent and Lundy.]

M36: Meeting Notes from Meetings held at S & L

[16. All documents related to IP's Commitment Control Program.]

M65: Program, Commitment Control General M65-1: Commitment Control Verification

[17. All documents related to IP's NRC Regulatory Guide Compliance Program.L M67: NRC Regulatory Guide Compliance Program Since these documents were produced in the first round, clearly identified to the subjects specified by the State, there is nothing in the Board's order of February 26 to suggest that they must be produced again.

Sincerely,

/

William Van Susteren WVS/cr cc: Hugh K. Clark, Esq.

Dr. George A. Fercuson Dr. Oscar H. Paris Richard Goddard, Esq.

Jay Gutierrez, Esq.

Reed Neuman,-Esq.

Jan L. Kodner,-Esq.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLIN0IS POWER COMPANY, )

S0YLAND POWER COOPERATIVE, )

INC. and WESTERN ILLIN0IS ) Docket No. 50-461 OL POWER COOPERATIVE, INC. )

)

(0perating License for Clinton )

Power Station, Unit 1)- )

N01 ICE T0: -Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson '

School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard J. Goddard Office of the Executive Legal Director United, States Nuclear Regulatory Commission Washington, D.C. 20555 Sheldon Zabel Schiff, Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 Jan L. Kodner Tutt and Kodner 173 W. Madison St.

Suite 1004-Chicago, Illinois 60602

1 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory-Commission Washington, D.C. 20555 PLEASE TAKE NOTICE that I have today-mailed for j - filing with the Secretary, United States Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Chief, Docketing C

and Service Section, one original and two conformed copies of Illinois' Supplemental Motion To Compel Answers To Its Second Request For Production Of Documents To Illinois Power Company.

A copy of this document is attached and served upon y u.

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, R'EED W. NEUMAN 5 Assistant Attorney General Environmental Control nivision 500 South Second Street Springfield, Illinois 62706 (217) 782-9031 DATED: March 31, 1982 P

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLIN0IS' POWER: COMPANY, )

S0YLAND POWER COOPERATIVE, )

INC. and WESTERN ILLIN0IS ) Docket No. 50-461 OL POWER COOPERATIVE, INC. )

)

(0perating. License for Clinton )

Power Station, Unit 1) )

CERTIFICATE OF SERVICE h

I hereby certify that I served copies of Illinois' Supplemental Motion To Compel Answers To Its Sec ,d Request

-For Production Of Documents To Illinois Power Company on the

- persons listed on the attached Notice by causing same to be deposited in the United States _ Mail . first class , postage

-prepaid, on this 31st day of March, 1982.

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LAA M 041' REED W. NEUMAN f

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