ML20055B109

Application for Issuance of Subpoenas Directed to C Bond, P Murphy,R Wright & W Clark.Certificate of Svc Encl

ML20055B109
Person / Time
Site:	Callaway
Issue date:	07/15/1982
From:	Jeffrey Reed REED, J.G.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8207200368
Download: ML20055B109 (5)

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4 UNITED STATES OF A!2RICA .

NUCLEAR REGULATORY COMMISSION T. e .

'. DOCKETED

BEFX)RE THE ATOKIC 3AFSTY AND LICENSING BCARD 'J M C 1

In the Matter of . *g g g g g UNIGi F1ECTRIC COMPANY ) Docket No. S'H3 50-483 OL

) CmCE OF SECRETM' (Callaway Plant, Unit 1) ) inEO,q & JEWC onsco APPLICATIQ: FOR ISSUANCE OF SUBPOENAS Pursuant to 10 CFR, Section 2 720, the undersigned requests issuance of subpoenas requiring the attendance and testimony of the following named individuals, and the production of evidence at the hearing scheduled in the above captioned matter. Persons to whom subpoenas are to be issued are:

Honorable Christopher Bond, Governor of the State of Missouri Govemor's Mansion, Jefferson City, Missouri 65101 Honorable Paul Murphy, Presiding Judge of Callaway County Court, County Courthouse, Pulton, Missouri 65251 Honorable Robert Wright, Associate Judge of Callaway County Court, County Courthouse, Fulton, Missouri 65251 Mr. Walter Clark, Callaway County Emergency Management Coordinator, County Courthouse, Fulton, Missouri 65251 DISCUSSION Mr. Reed has sought to obtain infomation and documents from the State of Missouri and the County of Callaway, in the State of !!issouri; both named entities have response rolls in supporting the Callaway Plant, Unit 1 in the event of a nuclear accident at such plant (10 CFR, Section 50.33(g); 50.47; Part 50, Appendix E, etc.) .

Mr. Reed has sought to canpel discovery with the above named entities through their duly authorized represmtatives in the above captioned matter.

Said entities are the only sources of the infom stion requested or are the only source of verification of information received from Applicant or others.

Mr. Reed was advised that the State of Missouri (through the Public Service 8207200368 820715 PDR ADOCK 05000483 ,

0 PDR .3 9_ <2 3

2-Commission) would " respond" to his interrogatories. The response was a disclaimer of " party" status and a disclaimer of a representative capacity of the State. The undersigned was notified by the Callaway County Judges and the county Emergency Itutagen.ent Coordinator, through their counsel on 14 Ju(y 1982, that they would not answer interrogatories unless they were forced to by regulation or law. As a result of Mr. Reed's attempts to seek and obtain information it appears that without an order to compel discovery being issued to the above named goverreental etities, the information sought is only available through use of the tubpoena powers as referenced above. The individuals named above are elected representatives of the State and County or as in the case of Mr. Clark, an employee of the County with direct involvement in the radiological emergency response planning of the county.

The Governor of the State of Missouri has the power to compel the answers to interrogatories relating to Reed's Contention No. 3. He is the only person identified in State government with such powers; as such he is the logical choice of the undersigned to interrogate on the witness stand.

The Callaway County Judges have approval power over how and by whom the local plan is prepared, functions contained therein, and the allocation of personnel and funds to imple.nent such a plan and maintain it for the lifetime of the nuclear power plant. As such they are the logical persons to answer the interrogatories which will be presented at the hearing in this matter. Mr.

Clark is the County Court's expert in this matter and as such is subject to 1

questioning, also.

A list of docummts is currently beirig compiled which are felt to be of interest and may be introduced as evidence in this matter at the hearing, it is respectfully requested that this list be permitted to be submitted at a later dat.o, but prior to the last date for responses to discoverv, so thht

such list can be reduced to a mininun prior to inclucicri in a subpoena action. '

It is further requested that the Presiding Judge of the Atomic Safety and Licensing Board, provide the undercigned a bill of fees and milcare necessary to cocply with the provisions of Section 2.720(d). Mileage for those witnesses realding in Fulton, !tinnouri will be bnned upon where said hearing is to be huld, if such bearing cite to in a town / city other th ui Fulton. As of thin date, such hearing cite is not firm nor has such been announced.

SUM %ItY lir. Reed has, throughout the period of discovery, atte.npted to obtain infemation from the State of Itisacuri and the Callaway County Court as regards radiological omergency planning within said State and County. He has addressed such requests to the representatives or agents of such governmental eqtities as have been granted intervenor status by Board order. He has sought to cor.pel discovery from such representatives and agents, such action is still pending as of this date. The County of Callaway, through its legal counsel, hac refuned to voluntarily cermit discovery. ';he Public Service Cormicsien (r.n u,:unt of the State of :'.isscuri) has responded to questions posed by linclaimer of authority to answer. While it waa understoort by the PSC that othr.r acencies of t,he State of I'insouri would anner the questions posed; no co, n.oicatiene 1m neen r meivx L/ the undcraigned to validate such claim.

I r such g :mrn:. 'ntal >:tJ ie . are irr ane fan nrticip tting in disecvery

( o. l ::!; ner -prtien), the undersm.ed has but on(. recour.se to obtain the afer: Lion 5 M by nai d c: t i t,les; by em:d:iat,lon . d the e.11 citing cf testinny at Lhe schedule 1 hearing i n t,hia 1.n.tter. ThercCure, the undersigned does recet ful3y appl, for the issuance of aubnocnas r~.uiring t'r.c attendance and tonLirrny of tM 6,ve no ed ini. cl .91a and, alco, r< cC r< them to prcduce

docu::ents which rre.y be ad:dtted as evidence (such list to be provided prior to 16 August 1982, % stated above).

ekospectfully submitted, Dated this 15th day

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/ John G. Reed of .1uJy 1982, at ar'D h1 Kircjon. City, ;b. Kingdon City, MC. 65262 tel: (314) 6/2-2769 O

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. UNITED STATt.S OF A) ERICA NUCLEAR REGULA1t)RY Cat (ISSION Bl7CRE THE ATOMIC SAFhTY AND LICr.NSING BOARD In the Matter of )

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UNION ELECTRIC COWANY ) Docket No. S'IN S0-483

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(Callaway Plant, Unit 1) ) /,

CERTIFICATb 0F SERVICY ,

I hereby certi - at the document attached hereto was served this

/ day orj ,1982 by deposit in the U.S. mail, first class postage prepaid upon'the following:

.e James P. Gleason, Esquire Mr. Glenn O. BrigM g Chairman, Atomic Safety and Atomic Safety and Licensing Board Licensing BoaM Panel

• Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 - -

Dr. Jerry R. Kline Doeketing and Servios Section' Atomio Safety and Licensing OfHce of the Secrwtary Board Panel U.S. Nuclear Regulatory Coundesion

U.S. Nuclear Regulatory Canadesian ,Whskington, D.C. 20555 -

Washington, D.C. 20555 Roy P. Lessy, Jr., Esquire Kenneth M. Chackes, Esquire Office of the Executive Legal Director Chackes and Hoare U.S. Nuclear Regulatory Commission 314 N. Broadway Washington, D.C. 20555 '.

St. Louis, 70. 63102 ,

A. Scott Cauger, Esquire

Thomas A. Baxter, Esquire Assistant General Counsel Shaw, Pittman, Potts & Trowbridge M. Public Service Commission 1500 H. Street, N.W. P.O. Box 360 ,

Washington, D.C. 20036 Jefferson City, MD. 65102 '

Atomic Safety and Licensing Robert Wright, Judge Eastem Dist.

Appeal Board Callaway County Court U.S. Nuclear Regulatory Commission County Courthouse Washington, D.C. 205$5 Fulton, Missouri 65251 N

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John G. Reed Citizen of the United Statee of America