ML20050V022

Response Opposing Wi Environ Decade 820328 Request to Undertake Discovery of NRC on Recent Events at Ginna & TMI Re Steam Generator Tube Degradation.Proposed Discovery Beyond Scope of Hearing.Certificate of Svc Encl

ML20050V022
Person / Time
Site:	Point Beach
Issue date:	04/12/1982
From:	Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8204150042
Download: ML20050V022 (5)

Text

{{#Wiki_filter:T.. . r April 12, 1982

                                                           *E2 f .13 Pl :10 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION'
                                                                 /                          9 Before the Atomic Safety and Licensing Board'                 4;p#

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In the Matter of ) 'N

                                                    )                .A WISCONSIN ELECTRIC POWER COMPANY          )    DocketNos.50-266[c
                                                    )                 ' 505301 (Point Beach Nuclear Plant,               )    (OL Amendment)

Units 1 and 2) ) LICENSEE'S RESPONSE TO DECADE'S REQUEST FOR LEAVE TO UNDERTAKE DISCOVERY OF NRC STAFF By letter to the Board dated March 28, 1982, Decade requests leave to undertake discovery of the Staff "on matters concerning recent events at the Ginna Nuclear Plant and at the Three Mile Island Nuclear Plant related to steam generator tube degradation." In support of its request, Decade asstJts only that "[t]hese matters were not sufficiently ripe to discover at the time the first round discovery was scheduled." The Commission's regulations provide that discovery against the Staff is permitted only upon a showing of "excep-tional circumstances," and requires:

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• a finding by the presiding officer that 5

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answers to the interrogatories are necessary

                                                                                      // /)C 8204150042 820412 PDR ADOCK 05000266 G                PDR

b . J to a proper decision in the proceeding and that answers to the interrogatories are not reasonably obtainable from any oehr source * * *. 10 C.F.R. S2.720(h)(2)(ii). See also 10 C.F.R. Part 2, App. A, SIV(d). Plainly, Decade's two-line motion fails to make the showing of " exceptional circumstances" required to justify discovery against P.he Staff. Moreover, the subjects of the proposed discovery -- recent events at the Ginna and Three Mile Island f acilities "related to steam generator tube degradation" -- are in no way related to the sleeving of steam generator tubes, and are thus totally beyond the scope of this proceeding. See generally " Memorandum and Order Concerning The Admission of A Party and Its Contentions" (October 13, 1981), at 6. There is no indication whatsoever that the Ginna incident will s,hed any light on sleeving. To the contrary, the Ginna licensee has conclusively determined that the tubes involved in the January 25, 1982 incident were not sleeved. Nor does the discovery of corrosion in the TMI-1 steam generators have any bearing on sleeving at Point Beach. There are no sleeved tubes at TMI-1. Also, as Decade conceded in its February 4, 1982 letter to the Board, the degradation of the TMI-l tubes is from the primary side -- a unique mode of corrosion not experienced l at Point Beach. Thus, since the events at Ginna and TMI-l are wholly unrelated to sleeving, Decade cannot even demonstrate that its proposed discovery "is relevant to the subject matter

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involved in the proceeding" and that "the information sought appears reasonably calculated to lead to the discovery of admissible evidence." See 10 C.F.R. S2.740(b)(1) and (2). Finally, assuming, arguendo, that events at TMI-l and Ginna bear on sleeving at Point Beach, Decade's bald, unsuppor-ted assertion that those events were not ripe at the time of scheduled first round discovery would be insufficient to  ; justify the proposed discovery. Decade has utterly failed to l explain what it needed to know and now knows, but did not know and could not through.the exercise of due diligence have known on February 10, 1982, when it filed its first round discovery.  ! Accordingly, for all the reasons stated above, Decade's request for leave to take discovery of the Staff on events at - Ginna and TMI-l should be denied. Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE t By L__ s Eruce W~.'Chruchill, P.C. Delissa A. Ridgway Counsel for Licensee Dated: April 12' 1982 t

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f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

                      .                                       )

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

                                                              )                                      50 301 (Point Beach Nuclear Plant,                      )   (OL Amendment)

Units 1 and'2) ) CERTIFICATE OF SERVICE This is to certify that copies of " Licensee's Response To Decade's Motion to Compel Licensee's Answer to First Interrogatories Relative to Full Scale Sleeving" and

             " Licensee's Response to Decade's Request for Leave to Undertake Discovery of NRC Staff" are being served to all those on the attached service list by deposit in the U.S. Mail, first class, postage prepaid, this 12th day of April, 1982, c.

Dated: April 12, 1982 p _ , - _ , - - - , - . . .

9 UNITED STATES OF AMERICA NUCLEAR REGULATORY CO,MMISSION Before the Atomic Safety and Licensing Board In the Matter of )

                                            )

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

                                            )                 50-301 (Point Beach Nuclear Plant,            )     (OL Amendment)

Units 1 and 2) ) , SERVICE LIST Peter B. Bloch, Chairman' Stuart A. Treby, Esq. Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wasington, D.C. 20555 Washington, D.C. 20555 ,

 ,   Dr. Hugh C. Paxton                         Richard G. Bachmann, Esq.

1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline Wasington, D.C. 20555 Atomic Safety and Licensing Board Panel Kathleen M. Falk, Esq. U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C. 20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel U.S. Nuclear Regulatory Commission Francis X. Davis, Esq. Washington, D.C. 20555 Monroeville Nuclear Center Westinghouse Electric Corporation Atomic Safety and Licensing P. O. Box 355 Appeal Board Panel Pittsburgh, PA 15230 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Barton Z. Cowan, Esq. John R. Kenrick, Esq. Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor U.S. Nuclear Regulatory Commission 600 Grant Street Washington, D.C. 20555 Pittsburgh, PA 15219 _,}}