ML20054M178
| ML20054M178 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/08/1982 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Jordan W Citizens Association for Sound Energy, HARMON & WEISS |
| References | |
| NUDOCS 8207120063 | |
| Download: ML20054M178 (2) | |
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ggg July 8, 1982 cert m ag 37_
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D507 William S. Jordan, III, Esq.
Harmon & Weiss 1725 I Street, N.W.
Suite 506 Washington, DC 20006 In the Matter of Texas Utilities Generating Company, et al.
(Comanche Peak Steam Electric Station, UnTts T and 2)
Docket Nos. 50-445 and 50-446
Dear Mr. Jordan:
I am writing in response to your letter of June 29, 1982, requesting, that the Staff purchase from CASE copies of "significant" Staff documents mentioned in the Staff's direct testimony pre-filed on May 24, 1982.
As you are aware, although the Board required that the parties identify witnesses and pre-file direct testimony prior to the June hearing, the Board did not impose any requirements on the parties with respect to introduction ~
of documents.
In accordance with the Board's direction, the Staff pre-filed its direct testimony, totalling one-hundred and three (103) pages, in which the Staff discusses its inspection and investigative findings concerning all the issues raised in Contention 5.
This testimony refers to one hundred and sixty documents (160), consisting of NRC inspection and investigation reports and correspondence between the NRC and the Applicants.
Since the contents of these documents are discussed in this testimony, in an effort to avoid burdening the record with cumulative evidence, the Staff did not intend to introduce the documents referred to in its testimony.
At the June hearing, CASE introduced as CASE exhibits certain documents relating to certain Comanche Peak construction deficiencies, without intro-ducing all the documents relating to a particular deficiency, such as the correspondence between the NRC Staff and the Applicants concerning the Applicants' corrective actions and NRC inspection reports documenting the Staff's follow-up inspections of the Applicants' corrective actions. Also, at the June hearing, the Board indicated that it desired to have as part of the record, the documents to which the Staff referred in its direct testimony presented at that hearing session.
In order to assure that the record is complete, the Staff decided to introduce all the documents referred to in its direct testimony pre-filed' on May 24, 1982.
The Staff notified the Board and the parties as soon as it 8207120063 820708 PDR ADOCK 05000445 O
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. reached this decision (See Staff's letter dated June 22, 1982 to the Board and the service list, which also identifies the Staff's witnesses).
Until you notified me by telephone after receipt of the Staff's letter that CASE had already copied "significant" documents "which CASE believes were neces-sary at a minimum," the Staff was not aware that CASE had copied any of the documents mentioned in the Staff's direct testimony. As I explained to you in our conversation, by that time, the Staff had already copied c11 the documents cited in its testimony. Therefore, the copies CASE has requested the Staff to purchase would be of no use to the Staff. Moreover, reimburse-ment of such expenses would appear to constitute agency funding of intervenor participation, which is proscribed by Section 502 of Pub. L. No. 97-88, 95 Stat. 1135 (1981). Wisconsin Electric Power Company (Point Beach Nuclear Plant, Units 1 and 2), ALAB-666, HRC (February 12,1982)(Slip.
op., at 2).
The Staff will, however, gladly provide you the list you requested of all the documents which the Staff intends to introduce. As the Staff stated in its June 22 letter, consistent with the Board's direction (Tr.1842),
before the July hearing, the Staff will number and list such documents with sufficient descriptive material and will provide such documents to other,
counsel and to the Board.
Sincerely, 1
Marjorie Ulman Rothschild Counsel for NRC Staff Service List cc:
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