ML20054K625

Responds to Util 820621 Response to Second Interrogatories, Correcting Unwarranted & Gratuitous Comments

ML20054K625
Person / Time
Site:	Point Beach
Issue date:	06/29/1982
From:	Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE
To:	Ridgway D SHAW, PITTMAN, POTTS & TROWBRIDGE
References
NUDOCS 8207020389
Download: ML20054K625 (3)

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2 es St W gg,,, soa,, ,,witu, ,,cm coo,o,,3c, (414) 224 4045 June 29, 1982 Ms. Delissa A. Ridgway Shaw Pittman Potts & Trowbridge 1800 M Street N. W.

Washington, D. C. 20036

Dear Ms. Ridgway:

We are in receipt of your response, dated June 21, 19 8 2 t o our second interrogatories. Although your response does not require a f ormal reply to the Board, a f ew of your unwarrented and gratuitous comments need to be corrected.

First, the procedure for tolling time which you take great exception to was approved in the context of the first interrogatories by your co-counsel M r. Churchill. At that earlier time, I indicated in a telephone conversation with Mr.

Churchill, as well as in a parallel conversation with Mr.

Freiling of Wisconsin Electric, that we would toll the time for follow-up interrogatories from the final receipt of the requested documents. Mr. Churchill agreed to that procedure. You have presented no circumstances relative to the second interrogatories that would support treating the matter of tolling time here differently tnan the first interrogatories. To the extent that the mails missed the weekend pickup, we regret the delay.

Second, it was the Licensee's questionable compliance with discovery that made it necessary for us to insure that we first had received everything f rom the prior round before commencing the second round, and, therefore, it is improper to f ault the intervenor, as you do, for not submitting its second round questions on a piece-meal basis as information dribbled in.

Specifically, I had personally visited the Licensee's offices on March 19, 1982, to review the document production.

Despice' my request for copies of certain of those materials while I was in attendance, the Licensee inf ormed me that it would not be possible to have copies made until the next day. Four days later I received a packet of material which omitted many documents. Af ter I complained, by letter dated March 24, 1982, the missing documents were mailed averring that they were "omitted mistakenly".

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g When I returned on May 14, 1982 to the Licensee's of fices to review the supplemental document production, I made certain to first clearly ask whether the material I was being shown constituted the totality of matters on the assension list f rom discovery and was informed that it was. No sooner had I taken a

- tape recorder f rom my brief case and started dictating my trip report, including a listing of the documents being provided, then I was informed that one pile of material was inadertently missing. When that pile was provided, it turned out to have the more disadvantagous material to the Licensee's position.

Third, your complaint that the second interrogatories did not refer to the initial interrogatory number on which they were based conveniently ignores the f act that they did clearly cross-reference the Licensee's documents f rom which the follow-up question arose. The reason we referenced the documents and not the interrogatories was because the Licensee did not provide the documents to us divided by discrete interrogatory number.

Fourth, your characterization of the Licensee's " unique vulnerability" as a plea for sympathy bears no relation to reality. The reason for setting a tight schedule occurred only because ofto thethe Licensee's insistence. The other parties acquiesced Licensee in the spirit of accomodation, even though the Licensee's prior representations as to the need for urgency in the context of the demonstration program were not borne out by succeeding events. We would point out to you that every time the case is accelerated at the Licensee's insistence parties with limited resources such as ourselves are forced to accept a substantial disadvantage to those parties, such as yourself, witn virtually unlimited resources.

Sincerely, WISCONS IRONMENTAL DECADE, INC.

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PETER ANDE Director of Public Affairs PA/mt-P3:50266NRC.L46 9

Ui1ED S'IAES OF NEIUCA NUCIEAR REGUIATORY CDtEISSIQ1

=re Wi"Nin Electric Power Wr:Euny PODir BEncli mr'irAR FIRIT UNIIS 1 & 2 Ibcket tios. 50-266 and 50-301 CCRTIFICNIE OF SERVICE I certify that tne and correct copics of the foregoing docunent will be served this day by depositing copics of the sanu in the first class naiJs, postage prt% and correctly addrnvM, to the follruing:

Peter B. Bloch, Chairnun Atomic Safety & Licensing Board U. S. 'Niclear Pegulatory Ccmnission Wasnington, D. C. 20555 Dr. Hugh C. Paxton 1229 -41st Street Ios Alamos, New Ibxico 87544

~ Dr. Jerry R. Kline Atmuc Safety & Licensing Board U. S. iltclear Ibgulatory Qxmtission Washington, D. C. 20555

[bcketing & Service U. S. Utclear Ibgulatory Cormussion Washingtcn, D. C. 20555 Mr. Richard Bachmann Office of E>ncutive Ingal Director U. S. Nuclear Ibgulatory Cormdssion Washingtcn, D. C. 20555 Mr. Bruce W. Churchill Shaw Pittnan Potts and Towbridge 1800 M. Street N.W.

Washington, D. C. 20036 Barton Quan 42nd Floor 600 Grant Street Pittsburga, PA 15219

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