ML20055B714

First Round Discovery Requests Consisting of General & Specific Interrogatories.Certificate of Svc Encl

ML20055B714
Person / Time
Site:	Limerick
Issue date:	07/21/1982
From:	Chan E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	DEL-AWARE UNLIMITED, INC.
References
NUDOCS 8207230140
Download: ML20055B714 (8)

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07/21/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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PHILADELPHIA ELECTRIC COMPANY ) Docket No. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

NRC STAFF'S FIRST ROUND DISCOVERY REQUESTS OF DEL-AWARE Pursuant to 10 C.F.R. 5 2.740b of the Commission Regulations and the Atomic Safety and Licensing Boards Order (Approving Schedule Proposed by Staff and Del-Aware) (July 13,1982), the NRC Staff requests that Del- - .

Aware answer the interrogatories set forth below. Each interrogatory shall be answered separately and fully, in writing and under oath or affirmation, and the answers shall be signed by the person (s) making them.. In addition, pursuant to 10 C.F.R. Q 2.741, the NRC Staff requests that Del-Aware make available for Staff inspection and copying (or provide copies of), those documents designated by Del-Aware in it; answers.1/

The responses to these interrogatories should be supplemented if any new information arises with respect to the matters identified in

-1/ If a document was prepared by the NRC Staff or its consultants, or was submitted by the Applicant in connection with the captioned matter, the date of its preparation by the Staff or its submittal to the Staff should be identified but a copy need not be made available by Del-Aware.

DESIGNATED ORIGINAIl Corttric$ z y ,

8207230140 820721 PDR ADOCK 05000352 O PDR .

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10 C.F.R. 5 2.740(e)(1)-(2).2/

General Interrogatories _/3 G-1 State whether you intend to present any expert witnesses on the subject matter at issue in:

a) Contention V-15 o) Contention V-16a c) Contention V-16b .

If so, provide the names, addresses (residence and business), and professional qualifications of those persons you expect to call as expert witnesses, state the subject matter on which'the expert is expected to testify, state the substance of the facts and opir. ions.

to which the expert 7, expected to testify and provide a summary of the grounds.for each opinion.

i 2/ These provisions state:

(1) A party is under a duty seasonably to supplement his response with respect to any' question directly addressed to (1) the identity and location of persons having knowledge of discoverable matters, and (ii) the identity of each person expected to be called as an expert witness at the hearing, the subject matter on which he is expected to testify, and the sub,tance of his testimony.

(2) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (i) he knows that the response was incorrect when made, or (ii) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

3_/ These interrogatories should be answered separately with respect to each contention.

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G-2 Identify by' title, author, date of issuance or publication, and issuer or publisher, all documents that you intend to use (refer to or offer in evidence) in presenting your direct case on the contentions listed in Interrogatory G-1 and all documents that you intend to refer to in conducting your cross-examination of witnesses for other parties who may testify in connection with any admitted contention, and make available those documents for Staff inspection and copying (or provide copies of them).

Specific Interrogatories Contention V-15 and V-16a (in part)

S-1 Identify and describe the adverse impact you assert will occur to the American shad and shortnose sturgeon as a result of the relocation of the Point Pleasant intake.

S-2 Specify and describe in detail all the physical and biological factors associated with the relocation of the intake that would result in the adverse impact identified in your response to Interrogatory S-1.

S-3 Provide any available information on the distribution, abundance, and life stages of American shad and shortnose sturgeon that inhabit l

or migrate through the stretch of the Delwaware River in the vicinity of the proposed Point Pleasant Pumping intake.

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- 4' S-4 Describe the " pool" which you assert will be drawn down by the operation of the intake and its associated pump station.

S-5 Identify and describe the major fish resource that would be adversely affected by drawdown of this pool. Indicate with particularity what biotic and abiotic factors are responsible for 3

this adve se effect and how they contribute to adversely affecting this fish resource. -

S-6 Indicate and describe the exact seasonal range of river surface elevation draw-down alleged to be caused by the placement and operation of the Pt. Pleasant intake structure. Indicate each basis for alleging that this drawdown will adversely affect fish resources, boating and recreation.

Contention V-16a S-7 Provide the basis for the assertion that "constart dredging maintenance" will be necessary at the Point Pleasant intake.

! S-8 Identify and describe any noise associated with operations of the intake and its associated pump station.

S-9 Identify and describe in detail how the noise identified in 'your response to Interrogatory S-7 will adverse affect the peace and tranquility of the Point Pleasant proposed historic district.

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-52 S-10 a) Identify the specific areas that you assert are sensitive to the noise identified in your response to Interrogatory S-8.

b) Mark the sensitive areas identified in Interrogatory S-10a on a map of the Point Pleasant vicinity.

c) Explain why each particular area was identified as sensitive to noise.

Contention V-16b S-11 Identify and describe in detail the basis for the contention that toxics will exist in the Bradshaw Reservoir in sufficient concentrations to contaminate groundwater supplies.

S-12 Specifically identify which toxic materials will be present in the proposed Bradshaw Reservoir upon its filling.

S-13 Provide the basis for the assertion that water in the Bradshaw Reservoir will be able to escape by seepage into area groundwater.

S-14 Set forth your definition of and criteria for contamination of groundwater.

S-15 Identify and describe in detail the basis for your contention that there will be sufficient seepage from Bradshaw Reservoir to result in contamination of groundwaters.

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. . a S-16 Set forth your definition of hydraulic saturation. a) Do you consider hydraulic saturation a risk comparable to groundwater contamination? b) If so, explain why, and how it compares.

i S-17a) Identify and describe in detail any studies regarding Bradshaw Reservoir upon which your contention is based. b) If studies are identified, discuss how the data and/or conclusions in these studies support your contention.

Respectfully submitted, n

Elaine I. Chan -

Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of. July 1982 l

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UNITED STATES OF AtiERICA

-. NUCLEAR REGULATORY COMt11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352

) 50-353

)

(Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATEhF SERVICE ar I hereby certify that copie's _of "NRC STAFF'S FIRST ROUND DISCOVERY REQUESTS OF '

DEL-AWARE" in the above captioned proceeding have been served on the followin.g by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, by double asterisk through special mail service, this 21st day of July 1982:

Lawrence Brenner, Esq., Chairman

• lir. Edward G. Bauer, Jr.

i Administrative Judge Vice President & General Counsel l

U.S. Nuclear Regulatory Commission Philadelphia Electric Company

, Washington, D.C. 20555 2301 tiarket Street l

Philadelphia, PA 19101 Dr. Richard F. Cole

• Administrative Judge Troy B. Conner, Jr., Esq.

• U.S. Nuclear Regulatory Commission Mark J. Wetterhahn, Esq.

Washington, D.C. 20555 Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W. '

Dr. Peter A. liorris* Washington, D.C. 20006 Administrative Judge U.S. Nuclear Regulatory Commission Mr. tiarvin I. Lewis Washington, D.C. 20555 6504 Bradford Terrace Philadelphia, PA 19149 Mr. Frank R. Romano Air and Water Pollution Patrol James M. Neill, Esq. .

61 Forest Avenue Associate Counsel for Del-Aware Ambler, PA 19002 Box 511 Judith'A. Dorsey, Esq.

Limerick Ecology Action Joseph H. White.III l 1315 Walnut Street, Suite 1632 11 South tierion Avenue l Philadelphia, PA 19107 Bryn fiawr, PA 19010

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.c Environmental Power Coalition on Nuclear Walter W. Cohen Dr. Judith H. Johnsrud, Co-Director Consumer Advocate 433 Orlahdo Avenue Office of Attorney General State College, PA 16801 1425 Strawberry Square Harrisburg, PA 17120

' Thomas Gerusky, Director Bureau of Radiation Protection Robert W. Adler Dept. of Environmental Resources Assistant Counsel 5th Floor, Fulton. Bank Building

. Commonwealth of Pennsylvania, DER Third and Locust Streets 505 Executive House Harrisburg, PA 17120 P. O. Box 2357-Harrisburg, PA 17120 Director Pennsylvania Emergency Management Steven P. Hershey, Esq.

Agency Law Center North Central -

Beury Building Basement, Transportation & Safety Building 3701 North Broad Street Harrisburg, PA 17120 Philadelphia, PA 19140 John Shniper Meeting House Law Building-& Gallery **Sugarman and Denworth Mennonite Church Road,- Suite 510 Schuylkill Road (Route 724) North American Building Spring City, PA 19475 121 South Broad Street Philadelphia, PA 19107 Robert L. Anthony Friends of the Earth of the Donald S. Bronstein, Esq.

Delaware Valley The National Lawyers Guild 103 Vernon Lane, Box 186 Third Floor Moylan, PA 19065 1425 Walnut Street Philadelphia, PA~ 19102 Alan J. Nogee The Keystone Alliance Atomic Safety & Licensing Board

• 3700 Chestnut Street U.S. Nuclear Regulatory Commission Philadelphia, PA 19104 Washington, D.C. 20555 W. Wilson Goode Atomic Safety & Licensing Apoeal Managing Director Panel

• City of Philadelphia U.S. Nuclear Regulatory Comission

. Philadelphia, PA 19107 Washington, D.C. 20555 William A. Lochstet Secretary

• 119 E. Aaron Drive U.S. Nuclear Regulatory Commission State College, PA 16801 ATTN:

Chief, Docketing & Service Br.

Washington, D.C. 20555 Charles W. Elliott, Esq.

123 N. 5th Street, Suite 101 ,

Allentown, PA 18102 g

Counsel for NRC Staff

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