ML20052H232

Responds to Carolina Environ Study Group Response to Applicant First Set of Interrogatories.Applicants Will Not File Addl Discovery &/Or Motion to Compel Pending Disposal of Motion for Deferral.W/Certificate of Svc

ML20052H232
Person / Time
Site:	Catawba
Issue date:	05/17/1982
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:
References
NUDOCS 8205200089
Download: ML20052H232 (5)

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UNITED STATES OF AMERICA DM gETE NUCLEAR REGULATORY COMMISSION U$K ?

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD .82 MM,18 A9 M4 In the Matter of ) g : 3 : 3. g -

) DriTO } i;y DUKE POWER COMPANY, et al. " C'

) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) ) ,

APPLICANTS' RESPONSE TO CAROLINA ENVIRONMENTAL STUDY GROUP'S RESPONSE TO APPLICANTS' FIRST SET OF INTERROGATORIES On April 9, 1982, Applicants filed its "First Set of Interrogatories to Carolina Environmental Study Group and Request to Produce." On May 6, 1982, Carolina Environmental -

Study Group ("CESG") filed " Carolina Environmental Study-Group's Response to Applicants' First Set of Interrogatories." 1/

Applicants maintain that CESG's response necessitates that Applicants file additional discovery on the subject contentions 2/

~1/ Pursuant to a telephone conversation between CESG's re-presentative and counsel for Applicants, Applicants agreed to an extension to May 7, 1982 for CESG to file its response.

-2/ For example, see CESG's response to interrogatories 1 through 6 regarding its contention 13. These responses, which are set forth below, should be reviewed, with reference to, among other things, Applicants' General-Interrogatory 5, at p.5 of Applicants' First Set of Interrogatories.

3 Q. What do you mean by the term " irregularities"? )50$

A. Depositing metal in a weld before the specified preheat temperature had been reached, or the

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specified interpass temperature.

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~ including perhaps a motion to compel pursuant to 10 CFR S2.740(f). 3/' Ilowever, Applicants have requested this Board to suspend or stay discovery pending resolution of objections (Footnote continued from previous page.)

Q. Identify each and every " irregularity" which is the subject of this question.

A. This is the only irregularity.

Q. For each " irregularity" identified in your response to Interrogatory 2, please specify the location, time of occurrence and person or persons who were involved.

A. I do not have specific dates, times, nor identities of persons.

Q. When do you contend such " irregularities" occurred?

A. During the period in which safety-realted welds were being made on unit 1.

Q. What do you contend was the cause of such

" irregularities"? ,

A. The supervisors insistance that the welder not wait until the specified preheat temper-ature was reached.

Q. What are your bases for your responses to i

Interrogatories 1-5? Identify _all documents, testimony or oral statements by any person and 4

legal requirements on which you rely in sup-port of your position.

A. A conversation with a colleague who is an engineer. The conversation took place, approximately, in November, 1981.

-3/ If a motion to compel were appropriate in these circum-stances, such would have to be filed on this date.

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.*' l 3-raised by Applicants and Staff as to the contentions in this proceeding. Such being the case, Applicants are of the view that it is premature to engage in pleading practices with regard to discovery requests. Accordingly, Applicants have

-refrained from filing additional discovery on the subject contentions and/or a motion to compel at this time pending Board action on its request regarding a deferral of discovery.

If the Board denies Applicants' request for a suspension or stay of discovery Applicants will file appropriate pleadings forthwith. 4/

Respectfully submitted,

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/DEBEVOISEMichael McGarp, IIF

& LIBERMAN '

' 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 William L. Porter Albert V. Carr, Jr.

Ellen T. Ruff DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 r Attorneys for Duke Power Company, et al.

May 17, 1982

-4/ See Applicants' Objections to Palmetto Alliance First Set of Interrogatories and Request to Produce dated-May 10, 1982 at p.8, note 10.

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UNITED STATES OF AMERICA N NUCLEAR' REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR 0F_ :.;f f p In the Matter of ) 01 % n-~,

LifltJ4~<

DUKE POWER COMPANY, et al.

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) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and.2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response To Carolina Environmental Study Group's Response To Applicants' First Set Of Interrogatories" in the above captioned. matter, has been served upon the following by deposit in the United States mail this 17th day of May, 1982.

James L. Kelley, Chairman George E. Johnson, Esq. -

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20S55 Washington, D.C. 20555 Dr. A. Dixon Callihan William L. Porter, Esq.

I Union = Carbide Corporation Albert V. Carr, Jr., Esq.

P.O. Box Y Ellen T. Ruff, Esq.

, Oak Ridge, Tennessee 37830 Duke Power Company P.O. Box 33189 Dr. Richard F. Foster Charlotte, North Carolina 28242 P.O. Box 4263 Sunriver, Oregon 97701 Richard P. Wilson, Esq.

Assistant Attorney General Chairman State of South Carolina Atomic Safety and Licensing P.O. Box 11549 i Board Panel Columbia, South Carolina- 29211 U.S. Nuclear Regulatory Commission Robert Guild, Esq.

Washington, D.C. 20555 Attorney-at-Law 314 Pall Mall Chairman Columbia, South Carolina 29201 Atomic Safety and Licensing Appeal Board Palmetto Alliance U.S. Nuclear Regulatory 2135 1/2 Devine Street Commission Columbia, South Carolina 29205 Washington, D.C. 20555 l

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l Jesse L. Riley Scott Stucky 854 Henley Place Docketing and Service Station Charlotte, North Carolina 28207 U.S. Nuclear Regulatory Commission llenry A. Presler Washington, D.C. 20555 Charlotte-Mecklenburg Environmental Coalition 043 Henley Place Charlotte, North Carolina 28207

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/4. Michael McGarpy, III 4/ -

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