ML20058C022
| ML20058C022 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 07/22/1982 |
| From: | Ridgway D SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8207260229 | |
| Download: ML20058C022 (13) | |
Text
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t July 22, 1982 N"
kg f/ll UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t,
Eli E
Before the Atomic Safety and Licensing Board
. S;,;,,7 7,[.
vl In the Matter of
)
)
WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
LICENSEE'S MOTION FOR LEAVE TO CONDUCT DISCOVERY OF INTERVENOR DECADE RELATIVE TO DECADE CONTACTS WITH SLEEVING DEMONSTRATION PROGRAM WORKERS In " Decade's Motion Concerning Litigable Issues and Appendix In Support of Motion Concerning Litigable Issues"
(" Motion") (filed July 20 and July 21, 1982), Decade has proposed as its third litigable issue:
The dependence on a large number of transient workers to install the sleeves will make it impossible to assume that the installation in the field matches the performance of test in-stallations in the laboratory and will increase the probability of the kinds of problems indi-cated in S(d) and 1(e).
Motion, at 6.-*/
On July 16, 1982, counsel for Licensee obtained a copy of a letter dated June 29, 1982, from Decade to a sleeving demonstration program worker, enclosing a questionnaire soliciting workers' views on various aspects of the Point Beach sleeving program, and offering ten dollars ($10.00) as an expression of appreciation and as compensation for time spent completing the questionnaire.
The letter also invites " collect
- /
Parts (d) and (e) of Decade's third litigable issue relate to,
_respectively, under-expansion and over-expansion of sleeves.
8207260229 820722 DR ADOCK 050002 S03
. calls to Decade from workers who do not wish to respond in writing to the questionnaire.
The letter further welcomes j
l telephone calls or written inquiries about Decade's study generally.
A copy of the June 29, 1982 letter, with the questionnaire, is attached (Attachment A).
Based on these developments, Licensee proposes to conduct very limited discovery of Decade relative to Decade contacts with sleeving demonstration program workers.
" Licensee's Interrogatories and Request For Production of Documents To Intervenor Decade Relative To Decade Contacts With Sleeving Demonstration Program Workers" are included as Attachment B to this motion.
The attached discovery requests are designed to ascertain the nature, scope, purpose, methodology and results of the questionnaire / interview study of sleeving demonstration program workers' views on aspects of Licensee's sleeving program which Decade apparently recently conducted in conjunction with its contention on transient workers, which study may still be in progress.
In modern administrative and legal practice, pretrial discovery is liberally granted to enable the parties to ascertain the facts in complex litigation, refine the issues, and prepare adequately for a more expeditious hearing or trial.
Pacific Gas & Electric Co. (Stanislaus Nuclear Project, Unit 1),
LBP-78-20, 7 N.R.C.
1038, 1040 (1978), cuoted with approval, Pennsylvania Power & Light Co.
(Susquehanna steam Electric
{
Station, Units 1 & 2), ALAB-613, 12 N.R.C.
317, 322 (1980).
Licensee's narrowly-framed discovery requests clearly meet this test.
. Licensee's discovery requests are based on new information, and could not reasonably-havenbeen filed earlier in this proceeding.
I Licensee is not requesting or proposing that the schedule established in the June 1, 1982 conference call in this proceeding be in any way modified as a result of these discovery requests.
Licensee's proposed discovery would, of course, be conducted i
in accordance with the terms of the Board's order in the course of the May 7, 1982 conference call in this proceeding on the use of the names of the sleeving demonstration program workers.
Accordingly, Licensee moves for leave to file " Licensee's Interrogatories and Request For Production of Documents To Intervenor Decade Relative To Decade Contacts With Sleeving Demonstration Program Workers," attached.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By Mk AjMT
'Brbce W.
Ohurch'ilU V
Delissa A. Ridgway Counsel for Licensee 1800 M Street, N.W.
Washington, D.C.
20036 Dated:
July 22, 1982 I
ATTACHMENT A ted.c. b,
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June 29,1982 s e w - uxn fu92mos s
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4' Mr.
r Wil I== vriting to you because of your work repshing the Point Beach steen generators last. fall.
5$h W
Ouestions exist whether plant owners like W nsin'51ectric Also, Wisconsin pa)ctric may not have tav.en sufficient precautions to protect work from the rists og exposure to radiation.
han tc16 you that independent scientists believe ghat the orablem with degrading tube's is a serious safety;ckincern.
Under cui tain conditions, the weakened tubes at Point SeFch could lead to a meltdown of the reactor core.
]
It is foMtbis reason that organizations like ' he Wisconsin Environnental Decade are asking those with persona.
experience, like youreelf, to respond to a few questions.
Information.from your response uny play a major role in preventing c)erexposure to workers during future repairs and in presenting an.pecidengat Point Beacb.
- g '.
Enclosed with this letter is a questionnaira chout yo$@. :
experience in the sleeving demonstration pregrcz, phether
'not you answer is entirely your choice to make. 1 h e t h e r o r 14 u
include your name on the questionnaire is, also, entirely u.
o you.
Moreover, should you include your name, it will be held'in the strictest confidence unless you specifically authorize its.
release.
.. y
- ,.1-To express our appreciation for yoirr trouble in filling o. tit the questionnaire and to compensate you for your time, we vill'*
sena you a check for ten dollars.
If you would prefer to respond orally and not in writing,-
pleae call me collect at 608-251-7020.
If you have any A
questions, also please feel free to write or call me.
4 A
?
$1pserely ]
't; N.
[,h? l '
Directo'r of Public
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d 00ESTIOENAIRE POINT BEACB SLECVING DEMONSTRATIO!d PRCCRAM Use the back of this page or extra sheets of paper if your answer does not fit in the space provided.
-You do not have to provide your name and address, but if you would like the 510 check to compensate you for fia. ling out the questionnaire, please indicate how we can get the check to you without compromising your privacy.
-Insert the completed questionnaire in the enclosed self-addressed, pre--stamped reply envelope and mail to WED, soz 1105, Madison, Wisconsin 53703.
1.
[ OPTIONAL)
Please state your name and address:-
2.
Describe the tasks you performed during the Point Beacg aleeving de=onstration program:
c.-
I 3.
What instructions were given to you as part of your training about the risks from exposure to radiation inside the secan generators of Point Beach:
l 4.
How effective do you consider the training you received to perform your tacks:
S.
Describe any occurrences you observed when the work inside the steam generator was not performed adequately:-
6 Where were you instructed to wear yo.ur radiation badge:
7.
Do you believe that everyone who worked on the sleeving l
project v2.th you was qualified and, If nor, indicate why not:
8.
Indicate any other observations bearing on whether the workers were carefully protected a,nd on whether the work was properly performed:
ATTACHMENT B July 22, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
LICENSEE'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR DECADE RELATIVE TO DECADE CONTACTS WITH SLEEVING DEMONSTRATION PROGRAM WORKERS These Interrogatories and Request for Production of Docu-ments are filed by the Wisconsin Electric Power Company
(" Licensee"),
pursuant to the Commission's Rules of Practice, on Intervenor Wisconsin's Environmental Decade, Inc.
(." Decade").
They pertain to Part (c) of Decade's proposed third litigable issue, advanced in
" Decade's Motion Concerning Litigable Issues and Appendix In Support of Motion Concerning Litigable Issues," filed on July 20 and July 21, 1982.
The purpose of these discovery requests is to ascertain the nature, scope, purpose, methodology and results of a question-naire/ interview study of sleeving demonstration program workers' views on aspects of Licensee's sleeving program, which Decade ap-aparently recently conducted (and which may still be in progress).
L
. REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to 10 C.F.R.
S 2.741, Licensee requests that Decade respond in writing to the following Request For Production of Documents and produce the original or best copy of each of the documents requested below, at the office of David K. Porter at the Wisconsin Electric Power Company or at a place mutually convenient to the parties.
The Request For Production of Documents is continu-ing in nature, and Decade must produce immediately any additional documents it obtains which are responsive to the Request.
The term " document (s)" means all writings and records of every type in the possession, control or custody of Decade or of Decade's attorney (s), including, but not limited to, correspondence, memoranda, questionnaires, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind.
" Document (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of Decade.
A document shall be deemed to be within the " control" of Decade or Decade's attorney (s) if they have ownership, possession or custody of the document or copy thereof, or have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
Licensee requests that Decade produce:
. 1.
A copy of each and every document soliciting views on any aspect of the sleeving program sent by Decade or its repre-sentative to persons on the list of sleeving demonstration program workers served on Decade by Licensee in response to Interrogatory 11 of " Decade's First Interrogatories and Request For Production of Documents To Licensee On The Full Scale Sleeving Program."
2.
A copy of each and every document expressing views on or asking questions about either any aspect of the sleeving pro-gram or Decade's distribution of questionnaires on the matter which was received by Decade or its representative from persons on the list of workers described in Request For Production of Document
(" Document Request")
1, above.
3.
A copy of each and every record of each and every contact involving discussion of views on or posing questions about either any aspect of the sleeving program or Decade's distribution of questionnaires on the matter (including, but not limited to, conversations, interviews and telephone calls) between Decade or its representative and persons on the list of workers described in Document Request 1, excluding documents produced in response to Document Requests 1 and 2.
INTERROGATORIES The interrogatories submitted herein are filed pursuant to 10 C.F.R.
S 2.740b which requires that the interrogatories be answered separately and fully in writing under oath or affirmation,
. within 14 days after service.
The interrogatories are intended to be continuing in nature and the answers must be immediately supple-mented or amended, as appropriate, should Decade obtain any new or differing information responsive to the interrogatories.
For purposes of these interrogatories, the term " document (s)"
means all writings and records of every type in the possession, control or custody of Decade or Decade's attorney (s), including, but not limited to, correspondence, memoranda, questionnaires, re-ports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind.
" Document (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of Decade.
For purposes of these interrogatories, a document shall be deemed to be within the " control" of Decade or Decade's attorney (s) if they have ownership, possession or custody of the document or copy thereof, or have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
1.
State the total number of persons on the list of workers described in Document Request 1 which Decade or its repre-sentative has attempted to contact to solicit their views on aspects of the sleeving program.
2.
Of the total number of persons identified in response
. to Interrogatory 1, state the number of persons which Decade or its representative has actually contacted.
3.
State the name of each person included on the list of workers described in Document Request 1 which Decade or its representative has attempted to contact or has actually contacted to solicit the individual's views on aspects of the sleeving program.
4.
With respect to each individual identified in response to Interrogatory 3, specify each and every means used to actually contact (or to attempt to contact) that person.
5.
With respect to each actual contact identified in response to Interrogatory 4, describa the contact in detail (in-cluding, but not limited to, the names of all persons involved in the contact, the name of the person initiating the specific contact, the date of the contact, the type of contact -- i.e.,
face-to-face conversation, telephone call, letter, etc., and the subject and substance of the contact).
6.
With respect to each and every document produced in response to Document Request 1 above, identify each person on the list of workers described in Document Request 1 who was sent a copy of that document.
7.
With respect to each and every document produced in response to Document Request 1 above, specify the criteria used to determine which of the individuals on the list of workers described in Document Request 1 would be sent copies of the document, and
which (if any) should not be sent copies of the document.
8.
State the name of each person on the list of workers described in Document Request 1 to whom Decade or its representative has provided financial remuneration as an expression of appreciation or as compensation for time spent providing Decade with the person.'s vleu-on aspects of the sleeving program.
9.
State the total sum of money disbursed by Decade or its representative as financial remuneration for workers on the list described in Document Request 1 as an expressi'on'of appreciation or as compensation for time spent providing Decade with views'on aspects.
of the sleeving program.
Respectfully submitted, o
SHAW, PITTMAN, POTTS G TROWBRIDGE s
s By f[/I(A..
j)d R f
Bfuce' ~W. ChufdhillT Q Q
Delissa A. Ridgway Counsel for Licensee
\\-
1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
July 22, 1982 s
=
t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
Before the Atomic Safety and Licensing Board i
In the Matter of
)
)
WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Motion for Leave to Conduct Discovery of Intervenor Decade Relative to J
Decade Contacts with Sleeving Demonstration Program Workers" were served this 22nd day of July,1982 by deposit in the U.S. mail, first class, postage prepaid to those on the attached Service List.
bt@s-V lissa ALRiBc]waf) 0 Dated:
July 22, 1982
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,Before the Atomic Safety and Licensing Board i
In the Matter of
)
)
WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-265
)
50-301 (Point Beach Nuclear Plant,
)
(OL Amendment)
Units 1 and 2)
)
SERVICE LIST Peter B.
Bloch, Chairman Stuart A. Treby, Esq.
Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wasington, D.C.
20555 Washington, D.C.
20555 Dr. Hugh C.
Paxton Richard G. Bachmann, Esq.
1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U.S. Nuclear Regul atory Commission Dr. Jerry R.
Kline Wasington, D.C.
20555 Atonic Safety and Licensing Board Panel Kathleen M. Falk, Esq.
U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C.
20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel U.S.
Nuclear Regulatory Commission Francis X. Davis, Esq.
Washington, D.C.
20555 Monroeville Nuclear Center Westinghouse Electric Corporation Atomic Safety and Licensing P. O. Box 355 Appeal Board Panel Pittsburgh, PA 15230 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Barton Z.
Cowan, Esq.
John R. Kenrick, Esq.
Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor U.S. Nuclear Regulatory Commission 600 Grant Street Washington, D.C.
20555 Pittsburgh, PA 15219
,,-_ _. ~,. -