ML20053A405
| ML20053A405 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/22/1982 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8205260060 | |
| Download: ML20053A405 (4) | |
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5/22/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
,.)
In the Matter of
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W/
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APPLICATION OF TEXAS UTILITIES
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Docket Nos: 50-445-GENERATING COMPANY, ET AL. FOR
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an d 5 0~-4'4'6
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AN OPERATING LICENSE FOR
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LOMANCHE PEAK STEAM ELECTRIC
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STATION UNITS #1 AND #2
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(CPSES)
)(
SUPPLEMENT TO CASE'S 5/21/82 MOTION FOR RESCHEDULING HEARING ON CONTENTION 5 There are three specific Litems of which the Board should be aware which were inadvertently omitted from CASE's 5/21/82 Motion for Rescheduling Hearing on Con-tention 5:
h As predicted in CASE's 4/26/82 Motion for Reconsideration of Board's r
Order During Conference Call of 4/22/82 (page 3), we did not have time to ask Applicants any questions about the " Report of Independent Review and Analysis of QA Records Management Systems for Texas Utilities Services, Inc.," prepared by Ebasco Services Incorporated (June 16,1981). We typed right up to the deadline for filing but simply did not have time to include questions in this regard in i
our 5/7/82 Eleventh Set of Interrogatories to Applicants and Requests to Produce.
As also predicted in CASE's 4/26/82 Motion for Reconsideration of Board's 2.
(
Order During Conference Call of 4/22/82 (page 5), we were unable to ask follow-up i
questions after neceipt of the NRC Staff's 5/7/82 Additional Answers to CASE's Third Set of Interrogatories on Contention 5.
We were advised verbally on Friday, 5/7/82, the last day for filing interrogatories and requests for documents (when CASE call Staff on another matter) that there were some items referenced in Staff's Answers which we should get from Applicants. However, we were not given specific 3
I details at that time as to what those items were, and we did not receive Staff's 6
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Additional Answers until the next day, Saturday, 5/8/82, dne day after the dead-line for filing interrogatories and requests for documents.
(Even i f we had re-ceived Staff's answers on 5/7/82, we would probably not have had time to include questions in this regard in our Eleventh Set to Applicants, as indicated in 1.
above. )
3.
CASE is not the only party having probleas complying with the Board's schedule. Although the Board's Order called for discovery to be completed by i
5/17/82, we are still receiving documents from Applicants requested in our Eleventh i
Set to Applicants, and there are s till more documents yet to come.
1 For instance, Applicants' answer to our Questions regarding the items 4
reported to the NRC under 10 CFR 50.55(e) necessitates CASE's reviewing documents i
4 and requesting others:
Question 49:
" Provide a listing of all i tems reported _to the NRC under 10 CFR 50.55(e).
Include for each the numbers of all CAR's, DR's, DECD's, DCA's, DCRP's, NCR's, DDR's, I&E Reports, etc. which relate to each item l
reported."
i Question 50:
" Provide for inspection and copying all documents referenced in your answer to 49 preceding."
Question 51:
" Provide for inspection and copying all concrete pour records, l
welding records, and other records applicable to the items referenced in your answer to 49. preceding.
Please identify each one according to 4
your answer in 49.
1 i
"For 50. and 51. preceding, you nay provide originals or authenticated
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copies for copying and inspection. However, at this time we are not certain exactly which ones we will want copies of."
Answe rs :
Applicants provided the answers to 49.
"50.
Inspection & Enforcement Reports are a matter of public record.
Copies are contained in the Public Document Room. Applicants will provide the remaining documents for inspection and copying."
"51.
Applicants will provide these documents for inspection and copying upon specific request, after CASE's review of the documents provided in response to Interrogatory 50."
We did not receive the documents in answer to our Question 50 until Friday, 5/21/82 (yesterday), and must riow review them and request additional documents following such review.
Although we have now received most of the other documents requested, there are still a few to come.
In addition, there is the strong like-lihood that we will be forced to file a Motion to Compel in order to get answers to our Questions 101-105.
(We discussed our position on this with Applicants in a telephone conversation 5/11/82, but in keeping with the Board's directives will discuss it again with them prior to filing our Motion to Compel. We have little hope of reaching agreement on this matter, however.)
The Board's schedule allowed no time for such follow-up actions, and this will add yet another burden to CASE's already impossible work load. While we recognize that Applicants, in response to the Board's directives, have been cooperative in supplying documents recently, especially during the past week, and while we appreciate their efforts, the fact remains that they wem simply unable to comply with the Board's severe time restrictions as set forth in its recent schedule for discovery. This has resulted in an overwhelming last-minute deluge of documents which CASE must analyze during the time when we should be working on preparing our case.
Respectfully submitted,
~amit b1 grs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 -
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t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of I
APPLICATION OF TEXAS UTILITIES I
Docket Nos. 50-445._
GENERATING COMPANY, ET AL. FOR AN I
and 50-446
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OPERATING LICENSE FOR COMANCHE I
PEAK STEAM ELECTRIC STATION I
UNITS #1 AND #2 (CPSES)
I CERTIFICATE OF SERVICE By my signature below I hereby certify that true and correct copies of SUPPLEMENT TO CASE's 5/21/82 MdTION FOR RESCHEDULING HEARING ON CONTENTION 5.
have been sent to the names listed below this 22nd day Of May
, 1982, by:
Express Mail where indicated by
- and First Class Mail elsewhere.
- Administrative Judge Marshall E. Mille r David J. Preister, Esq.
".'5 U. S. Nuclear Regulatory Commission Assistant Attorney Geh ral y
Atomic Safety and Licensing Board Panel Environmental Protection Division 7
Washington, D. C.
20555 P. O.
Box 12548, Capitol Station Austin, TX 78711 j
- Dr. Kenneth A.
McCollom, Dean Division of Engineering, Architecture, and Technology
- g Oklahoma State University J
Stillwater, Oklahoma 74074
- Dr. Richard Cole, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel l
U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission
[
Washington, D. C.
20555 Washington, D. C.
20555 l
Nicholas S.
Reynolds, Esq.
Atomic Safety and Licensing l
Debevoise & Liberman Appeal Panel 1200 - 17th St., N.
W.
U. S.
Nuclear Pegulatory Commission Washington, D.
C.
20036 washington, D. C.
20555
.4
- Marjorie Ulman Rothschild, Esq.
Docketing and Service Section Office of Executive Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D.
C.
20555 fR s.
Juanita Ellis, President 3
i l
.ASF (Citizens Association for Sound Energy) i l
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