ML20054E078

Motion for Order Requiring NRC Answers to First Set of Interrogatories.Answers to Interrogatories Not Reasonably Obtainable from Any Other Source & Necessary to Proper Decision in Proceeding.Certificate of Svc Encl

ML20054E078
Person / Time
Site:	Catawba
Issue date:	04/20/1982
From:	Guild R PALMETTO ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20054E071	List: ML20054E070 ML20054E078
References
NUDOCS 8204260107
Download: ML20054E078 (5)

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UNITED STATES OF AMERICA ag2 fpR 22 P3:11 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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DUKE POWER COMPANY, g al. ) Docket Nos. 50-413 50-414 (CatawbaNuclearStation, Units 1 and 2)

PALMETTO ALLIANCE MOTION TO REQUIRE STAFF ANSWERS TO INTERR0GATORIES Pursuant to 10 CFR Section 2.720(h)(2)(ii), Intervenor Palmetto Alliance herewith files the attached First Set of Interrogatories and Requests to Produce with the Licensing Board which are served on the Applicants and Comission Staff including the Executive Director for Operation.

Intervenor requests that the Comission Staff voluntarily answer the interrogatories and serve upon Intervenor copies of the documents of which production is sought.

If such voluntary responses by Staff are refused, Palmetto Alliance moves for an order directing the Staff to answer on the grounds that answers to these interrogatories are necessary to a proper decision in this proceeding and that, in some part not now fully known to Intervenor, answers to the interrogatories are not reasonably obtainable from any other source.

Palmetto Alliance further requests that the Board direct or " urge", as appropriate, the Staff to make "as much effort as possible...to assist the intervenors in obtaining the relevant infonnation they seek to develop their positions to the fullest possible extent," as approved by the Appeal Board in Pennsylvania Power and Light Company,-et al., (Susquehanna Steam Electric 8204260 107

Station, Units 1 and 2), ALAB-613,12 NRC 317 at 336 (1980), to include such measures as " lending documents and transcripts to intervenor's representatives, giving them' extra copies unneeded by staff, and setting up an additional local Public Document Room...where the... representatives reside - some 100 miles distant from the plant site." Id.

In support of this Motion and Request Palmetto Alliance asserts that it is a not-for-profit membership organization with extremely limited financial resources, that it can not afford to purchase the transcript of this proceeding or to travel to the NRC Public Document Room in Washington, D.C., to inspect Comission documents, that its representatives reside and work some 75 miles from the facility, in Columbia, South Carolina and that inspection of documents and research'in the local Public Document Room in Rock Hill presents a signi-ficant hardship on this Intervenor.

Palmetto Alliance further asserts that this round of discovery is conducted

'at the direction of the Board in order to meet the burden imposed upon this Intervenor by the Board to revise and make more specific contentions only con-ditionally admitted, such revisions after discovery required by July 6, 1982.

In addition to professional obligations of Intervenor's counsel, including work on other NRC licensing proceedings, counsel for Palmetto Alliance is attempting to respond to some 425 individually numbered " specific interroga-tories, 4 " general interrogatories," with 16 subparts, and Requests to Produce "any and all documents, of whatever description, identified in the responses to the~ Applicants' interrogai.ories," recently served by Duke Power Company, et al. T,herefore, such Staff responses and assistance is essential in order for Palmetto Alliance to timely respond to the Board's directions, and meet it's other obligations.

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WHEREFORE, Palmetto Alliance respectfully requests that the' Staff voluntarily respond to this discovery or that the Board direct Staff response and urge assistance as herein described, and that the Board grant such further relief as is just and reasonable.

April 20,1982 h a' RotMrt Guild 314' Pall Mall Columbia, South Carolina 29201 Counsel for Palmetto Alliance 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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DUKE POWER COMPANY; et al. ) Docket No.40-413 40-414 (Catawba Nuclear Station, 1 Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Palmetto Alliance First Set of Interrogatories and Requests to Produce and Palmetto Alliance Motion to Require Staff Answers to Interrogatories" in the above captioned matters, have been served upon the follow-ing by deposit in the United States mail this)J9 th day of April,1982.

James L. Kelly, 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 Consnission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan William L. Porter, Esq.

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 Board Panel Columbia, South Carolina 29211 U.S. Nuclear Regulatory Con 11ssion Jesse L. Riley Washington, D.C. 20555 854 Henley Place Charlotte, North Carolina 28207 Chairman Atomic Safety and Licensing Scott Stucky Appeal Board Docketing and Service Station U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

2-Henry A. Presler Executive Director for Charlotte-Mecklenburg Operations Environmental Coalition U.S. Nuclear Regulatory 943 Henley Place Commission Charlotte, North Carolina 28207 Washington, D.C. 20555 f

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