ML20054M196
| ML20054M196 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/08/1982 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML20054M197 | List: |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8207120085 | |
| Download: ML20054M196 (4) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATCRY COMMISSION g/
ATOMIC SAFETY AND LICENSING BOARD m
-.tf Before Administrative Judges:
Charles Bechhoefer, Chairman SERVED JUL 91982 0
Dr. Frederick P. Cowan Dr. Jerry Harbour
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Docket Nc 50-329 OM In the Matter of
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50-330 OM
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329 OL
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50-330 OL (Midland Plant, Units 1 and 2) )
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MEMORANDUM By application received by the Licensing Board on August 8,1982, Consumers Power Co. seeks subpoenas duces tecum of four individuals said to be associated with the Government Accoc1tability Project (GAP).
Under the provisions of 10 C.F.R. 5 2.720, we have authority to inquire as to the
" general relevance" of the testimony or evidence sought.
In its application, Consumers providas two bases for our determining whether the information sought has the requisite general relevance. First, it states that the questions are relevant to a set 'of new contentions which Intervenor Mary P. Sinclair has stated that she may file.
Consumers states that it "will be unable to evaluate or respond to such new contentions" unless it obtains the information it is seeking.
Secondly, Consumers asser'ts that the information will be relevant to the QA/QC questions which are to be the subject of hearings in October 1982.
8207120005 820708 PDR ADOCK 05000329
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. The Board will issue the requested subpoenas, but we note that only the second justification provided by Consumers is a valid basis for the
. requested subpoenas. Discovery (including depositions) is not available with respect to matters that are not yet the subject of contentions.
See 10 C.F.R. 2.740(b )(1).
If contentions are later admitted, Consumers will be afforded the full range of discovery with respect to those contentions. The questions which it now asks the GAP representatives, and the documents which GAP must now supply, are only those relevant to matters already at issue (including admitted contentions) in the OL/0M proceedings.3/
We trust that Consumers will be guided by these views in the conduct of the discovery which we are now authorizing.
FOR THE ATOMIC SAFETY AND LICENSING BOARD ALAew Y
CharlesBechhoefer,Chairpn ADMINISTRATIVE JUDGE Dated July 8, 1982 i
-1/ To the extent that cuest. ions asked by Consumers and answered by GAP bear. on any new or proposed contentions, we will be inclined to regard the subject matter of such contentions as relevant to findings we must make in the OM or OL proceeding.
i
f SCHEDULE OF DOCUMENTS REQUESTED I.
Definitions 1.
" Communication" means and includes, but is not limited to, all discussions, conversations (personal, telephonic or by any other medium), inquiries, negotiations, meetings, understandings, notes, drafts, agreements, letters,
' telegrams, " telex", or other forms of oral or written inter-Shange.
2.
" Document" means the original, any copies when an original is unavailable and any non-identical copies (whether different from the original because of notes made on such copies or otherwise), regardless of origin or location, of any handwritten, typewritten, printed, recorded, transcribed, punched, taped, photocopied, photostatic, " telexed", filmed, microfilmed or otherwise prepared matter, however produced or reproduced, including, but not limited to, all papers, letters, correspondence, telegrams, telexes, cables, memoranda or minutes of meetings or conversations (personal or tele-phonic), desk pads, calendars, diaries, telephone pads, travel and expense records, reports, summaries, surveys, analyses, ledgers, journals, and other formal or informal books of records or accounts, bulletins, instructions, agreements, legal documents, billing records, drafts, note-books, worksheets, time records, vouchers, and writing of every description, including drawings, charts, photographs, films, recordings, computer tapes and printouts and other
t e
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. Cata cr compilations from which information can be obtained and translated, if necessary, by deponent into reasonable usable form.
II.
Documents Recuested 1.
All statements and affidavits supplied to the Nuclear Regulatory Commission by the Government Accountability Proj ect
(" GAP"), relating to work or conditions at Consumers Power Company 's Midland plant, with the affiant's name and any inforration which would disclose the affiant's identity d ele t ed.
2.
All documents relating to GAP's investigation of the Midland project, including but not limited to all documents provided to GAP by affiants, all statements of present or former employees of Consumers Power Cocpany at the Midland plant taken by GAP which were not supplied to the NRC and all draf ts of statements given to GAP by present or former employees of Consumers PoweY Company at the Midland Plant.
3.
All communications between Barbara Stamiris or Mary Sinclair on one hand and GAP, representatives of CAP, Billie P.
Garde, Lewis Clark, Lucy Hallberg or Thomas Devine on the other.
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