ML20058B766

First Request for Production of Documents.Certificate of Svc Encl

ML20058B766
Person / Time
Site:	Zimmer
Issue date:	07/23/1982
From:	Conner T CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:	AFFILIATION NOT ASSIGNED, CINCINNATI ALLIANCE FOR RESPONSIBLE ENERGY, GOVERNMENT ACCOUNTABILITY PROJECT, MIAMI VALLEY POWER PROJECT
References
NUDOCS 8207260141
Download: ML20058B766 (12)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

i".

In the Matter of

)

)

The Cincinnati Gas & Electric

)

Docket No. 50-358 Company, et al.

)

)

(Wm. H. Zimmer Nuclear Power

)

Station)

)

APPLICANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO MIAMI VALLEY POWER PROJECT, CINCINNATI ALLIANCE FOR RESPONSIBLE ENERGY, AND GOVERNMENT ACCOUNTABILITY PROJECT, ET AL.

Pursuant to 10 C.F.R. 52.741 of the Nuclear Regulatory Commission's Rules of

Practice, the Atomic Safety and Licensing Board's Memorandum and Order, dated July 15, 1982, and orders issued during a conference call held on July 21, 1982, The Cincinnati Gas & Electric Company, et al.,

by their attorneys, hereby request Miami Valley Power Project, Cincinnati Alliance for Responsible Energy, Citizens Against a

Radioactive Environment,

CARE, CAaRE, and Government Accountability Project of the Institute for Policy Studies, any subsidiary, affiliate or parent of any of the foregoing, to produce for inspection and copying the

.following categories of documents relating to the Eight Additional Contentions, as defined

below, in accordance with the following definitions and instructions.

Definitions and Instructions 1.

The following definitions shall apply:

8207260141 820723 PDR ADOCK 05000350 G

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t (a)

" Respondent" shall mean Miami Valley Power

Project, Cincinnati Alliance for Responsible

Energy, Citizens Against a

Radioactive Environment,

CARE, CAaRE, and Government Accountability Project of the Institute for Policy

Studies, any subsidiary, affiliate or parent of any of the foregoing, or any

officer, agent,

director, member, or attorney

thereef, as appropriate.

(b)

" Person" shall mean an individual,

person, corporation, proprietorship, partnership, or any other entity.

(c)

" Identification" or " identify" when referring to an individual, corporation or other entity shall mean that intervenor shall state the name and present or last known address.

As to a

corporation or other entity, intervenor shall also state its principal place of business and, as to an individual, his or her title or

titles, employer, and employer's address.

Once an individual, corporation or other entity has been thus identified in answer to an interrogatory, it shall be sufficient thereafter when identifying that individual, corporation, or other entity to state merely his, her or its name.

(d)

" Description" or " describe" when referring to a document as hereinafter defined shall mean that the respondent shall set forth the author or originator, addressee (s), date, title and subject matter, the present custodian of any copy thereof and the last known address of each such custodian if such information is not already provided on the document itself.

In lieu of producing the document for inspection and copying, in accordance with paragraph 5

of the Definitions and Instructions, respondent may submit a copy thereof to undersigned counsel within the time prescribed by 10 C.F.R. 52.741, indicating the request to which the attached document responds.

(e)

" Document" shall mean any written, printed, typed or any other graphic matter of any kind or nature, however produced or reproduced, including but not limited to the original or any copy of books,

records, reports, correspondence, memoranda,

notes, written communications, telegrams and

cables, notes of oral or telephonic i

communications,

diaries, schedules, calendars, l

graphs, charts, contracts, agreements, releases, appraisals, valuations, estimates, projections, work

papers, opinions,

studies, analyses, summaries,

booklets, circulars, bulletins, instructions, minutes or notes of

meetings, resolutions, photographs, tabulations, questionnaires, tapes, surveys, messages, tables,

drawings, sketches, financial statements, as well as any other tangible things on which information is recorded in writing, by sound, magnetically, or in any other manner and including supporting, underlying or preparatory

material, in the possession, custody or control of respondent or its

officers, members, employees, agents or consultants and, unless privileged, its attorneys.

It shall also mean all copies or drafts of documents by whatsoever means made.

Each copy of the same document or draft of a document shall constitute a separate document to be produced if there are any differences in notations, handwritten comments or other markings thereupon.

(f)

"Date" shall mean exact day, month and year, if 1

ascertainable, or, if not ascertainable, the best approximation (including the relationship to other events);

(g)

"Zimmer Station" shall mean the Wm.

H.

Zimmer Nuclear Power Station, located in Clermont County, Ohio and all appurtenant facilities.

3.

If respondent claims that any document requested hereunder is privileged, with respect to each such document, please provide the following:

(a) date; (b) type of document; (c) identity of author and addressee; (d) present location and custodian; (e) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of any judicial protection alleged to be necessary to protect the privilege or confidential nature of any such document.

4.

In the context herein, "Eight Additional Contantions" refer to the eight contentions admitted by the Atomic Safety and Licensing Board by its Memorandum and Order (July 15, 1982) as set forth in the 17-page attachment thereto.

5.

With respect to each document requested herein and identified by respondents, the document shall be made available for inspection and copying at the law offices of Conner Wetterhahn, P.C.,

Suite

1050, 1747 Pennsylvania Avenue, N.W.,

Washington, D.C.,

20006, at the Legal Department of The Cincinnati Gas & Electric Company, 13th Floor, 139 E.

Fourth Street, Cincinnati,

Ohio, 45201, or at another ' location mutually agreed upon by counsel.

Document Recuests 1.

All documents which refer to,

describe, record or contain information relating to the basis or support for each of the Eight Additional Contentions,

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indicating to which contention (s) each document relates.

2.

All documents which refer to,

describe, record or contain information relating to any alleged deficiencies in the construction of or quality assurance program for the Zimmer Station project.

3.

All documents which were directly or indirectly copied, borrowed, removed, or stolen from the files of or were originated by The Cincinnati Gas & Electric Company, its contractors or subcontractors, whether lawfully or unlawfully, whether at the Zimmer Station or elsewhere or obtained from employees, consultants,

agents, or attorneys of CG&E, its contractors or subcontractors, either directly or indirectly, whether or not such individuals are presently employed on the Zimmer Station project.

4.

All documents which refer to, describe or contain information relating to the compliance of the Zimmer Station project with NRC quality assurance requirements.

5.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with or concerning construction workers or their supervisors at the Zimmer Station or elsewhere, or obtained from such

persons, either directly or indirectly, whether or not presently employed on the Zimmer Station project.

6.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with or concerning quality control or assurance personnel or their supervisors working on the Z i=er Station, or obtained from such persons, either directly or indirectly, whether or not presently employed on the Zimmer Station project.

7.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with or concerning engineers who are working on the

design, construction, operation or quality assurance of the Zimmer Station, or obtained from such

persons, either directly or indirectly, whether or not currently employed on the Zi=er Station project.

8.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with or concerning any other employee, whether craft, construction, clerical, administrative, professional, managerial, or otherwise, working at the Zimmer Station or on the

design, construction, operation or quality assurance of the Z i=er Station, or obtained from such

persons, either directly or indirectly, whether or not presently employed on the Zi=er Station proj ect.

9.

All documents which refer to,

describe, record or contain information relating to contacts, discussions

)

i or interviews with the Nuclear Regulatory Commission, its employees, consultants,

agents, contractors or attorneys or obtained from the Nuclear Regulatory Commission or such

persons, either directly or indirectly, relating to construction or quality assurance of the Zimmer Station.

10.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with Federal, state or local government agency officials, employees,

agents, consultants, contractors or attorneys or obtained from such persons or organizations, either directly or indirectly, relating to construction or quality assurance at the Zi==er Station.

11.

All documents which refer to,

describe, record or contain information relating to contacts, discussions or interviews with officials, employees,

agents, i

consultants, contractors or attorneys, or obtained from organizations or persons, either directly or indirectly, having jurisdiction over the licensing or approval of any safety-relate)' component, systen, structure or part I

of the Zimmer Station.

12.

All documents furnished to respondents by their

'l employees, consultants, agents, attorneys, contractors or other

persons, either directly or indirectly, analyzing, discussing or providing information relating to construction or quality assurance at the Zimmer Station.

i 13.

All documents relating to

contacts, discussions or interviews with, containing information regarding or cbtained from Thomas Applegate.

14.

All documents relating to

contacts, discussions or interviews with, containing information regarding or obtained from Dave Jones.

15.

All documents relating to

contacts, discussions or interviews with, containing information regarding or obtained from Tom Carpenter.

16.

All documents relating to

contacts, discussion or

, interviews with, containing information regarding or obtained from R.

L.

Reiter.

1 17.

All documents which were referred or alluded to, or which

describe, record or contain information, discussed or alluded to by Billie Garde or in her presence at a meeting, discussion or contact with the i

j Clermont County Commissioners, any one Commissioner, individually, or with any other employee, contractor, 4

agent, consultant, or attorney of Clermont

County, Ohio.

18.

All documents which are intended to be or might be utilized at an evidentiary hearing by respondents, whether during examination or cross-examination of witnesses or otherwise.

19.

All documents which refer to,

describe, record or contain information or relating to witnesses or i

qualifications of witnesses who may be called to testify on behalf of respondents, whether or not hostile.

CONNER & WETTERHAHN, P.C.

Y.

Troy onner, Jr.

Counsel for the Applicants 1

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July 23, 1982 1

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7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

The Cincinnati Gas & Electric )

Docket No. 50-358 Company, et al.

)

)

(Wm. H. Zimmer Nuclear Power

)

Station)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' First Request for Production of Documents to Miami Valley Power Project, Cincinnati Alliance for Responsible Energy, and Government Accountability Project, et al." dated July 23, 1982 in the captioned matter, have 5een served upon the following by deposit in the United States mail or by hand delivery as indicated below this 23rd day of July, 1982:

Alan S.

Rosenthal, Chairman Dr. Frank F.

Hooper Atomic Safety and Licensing Sierra Nevada Aquatic Appeal Board Research Laboratory U.S. Nuclear Regulatory Route 1 Commission Box 198 Washington, D.C.

20555 Mammoth Lakes, CA 93546 Stephen F.

Eilperin Dr. M. Stanley Livingston Atomic Safety and Administrative Judge Licensing Appeal Board 1005 Calle Largo l

U.S. Nuclear Regulatory Sante Fe, NM 87501 Commission Washington, D.C.

20555 Chairman, Atomic Safety I

and Licensing Appeal l

Howard A. Wilber Board Panel U.S.

Atomic Safety and Nuclear Regulatory Licensing Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Chairman, Atomic Safety and Licensing Board Judge John H. Frye, III Panel U.S. Nuclear Chairman, Atomic Safety and Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 i

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Charles A.

Barth, Esq.

David K. Martin, Esq.

Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S.

Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C.

20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.

7967 Alexandria Pike George E.

Pattison, Esq.

Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq.

462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.

Vice President and Lynne Bernabei, Esq.

General Counsel Government Accountability The Cincinnati Gas &

Project /IPS Electric Company 1901 Q Street, N.W.

P.O.

Box 960 Washington, D.C.

20009 Cincinnati, Ohio 45201 John D. Woliver, Esq.

Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio 45103 Commission Brian Cassidy, Esq.

Regional Counsel Federal Emergency Management Agency Region I John W. McCormick POCH Boston, MA 02109 M 7f Wetterhahn cc:

Robert F. Warnick Director, Enforcement and Investigation NRC Region III 799 Roosevelt Road Glen Ellyn, Illinois 60137

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