ML20059C489
| ML20059C489 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/28/1990 |
| From: | Janson K VERMONT, STATE OF |
| To: | VERMONT YANKEE NUCLEAR POWER CORP. |
| References | |
| CON-#390-10787 OLA-4, NUDOCS 9009050083 | |
| Download: ML20059C489 (11) | |
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- 7f7 M m W S O DENCE; UNITED STATES OF AMERICA UOhjC '
NUCLEAR REGULATORY COMMISSION-before the ATOMIC SAFETY AND LICENSING BOARD. g g 31 A11 :31-i U'p KE OF SEClif IAtiY -
0CKlilNGASIH N I
.In the Matter of
)
)
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VERMONT YANKEE NUCLEAR
)
Docket No. 50-271-OLA-4 POWER CORPORATION
)
(Operating License
)
Extension)
.(Vermont Yankee Nuclear
)
Power Station)
)
RESPONSES 20 DOCUMENT REQUESTS BY STATE OF VERMONT TO THE VERMONT YANKEE NUCLEAR POWER CORPORATION 4"
(Set No. 1)
Any_ documents made available in response to these document-1 requests riay be inspected and copied in the offices of the L
Department of Public Service, State of Vermont, 120' State Street, u
l Montpelier, Vermont at such time as may mutually agreeable to the I
parties.
Q.1 Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part "b" of its contention VII.
'A.1 Vermont objects to this request as burdensome-in that it attempts to force case preparation in a mann'ar, 1
Copies will be charged at the standard ra+.es of the Department of Public Service: ten cents per copy if, copied by Vermont Yankee personnel, fifteen cents per copy if copied by Department personnel.
Use of Department photocopying equipment by Vermont Yankee personnel will be subject to availability of L
the equipment, l
1 9009050083 900828 PDR ADOCK 0500027j 0-PDR
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1232, categorized.according to the sub-parts of contention
.VII, which Vermont has made no decision to implement; i
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,x Q2 Please produce sach and every document that SOV contends supports the assertions made by SOV in sub-part "c" of its contention VII.
c A.2 See the Response to Document Request No.
1.
Q.3 Please produce each and every document that SOV i
contends supports the assertions made by SOV in sub-part "d"tof its contention VII.
A.3 See the Response to Document Request No.
1.
.i Q.4 Please produce each and every document that SOV L
contends supports the assertions made by SOV in sub-part "a" of its contention VII.
A.4 See the Response to Document Request No.
1.
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=Q.5 Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part "g" of its contention VII.
A.5 See.the Response to Document Request No.
1.
Q.6 Please produce each and every document-that SOV p
contends supports the assertions made by'SOV in sub-q part "h(1)" of its contention VII.
JA.6 See.the Response to Document Request'No.
1.
i Q.7
~Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part "h(2)" of its contention VII.
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A.76 See th'a Responseito Document Request No.
1.
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' Q.8 Please produce:each and every document that SOV-contends supports the assertions made bylSOV in sub-l part aja'of its_ Contention VII.
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A.8 Sea the Response tu Document Request No.
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Q.9 Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part "k" of its contention VII.
A.9 See-the Response to. Document Request No.
1.4 Q.10 Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part "m" of its contention VII.
A.10 See the Response to Document Request No.
1.
Q.11 Please produce each and every document that SOV contends supports the assertions made by SOV in sub-part'"n" of its contention VII.
A.11 See the Response to Document Request No.
1.
Q.12 Please produce each and every document that SOV contends supports the assertions made by SOV.in sub-part "1" of its contention VIII.
- A.1.1 -
See the Response to Document Request No.
1.
Q.13 Please1 produce each and every document that Sov contends supports.the assertions'made by SOV in sub-part "n" of its contention VIII.
A.13 See the Response to Document Request No.
1.
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' Q.14_
Please produce each and'avery docum'ent~that.itOV contends supports the assertions made by SOV in'sub-
- l psrt "o" of.its contention VIII-I A.14 See'the Respons& to Document Request No.
1.
a Q.15 Please produce each and every. document, other than those produced (or-identified) in, response to the-preceding requests, that SOV contends' supports the-assertions made by SOV in its contention.VII.
q A.15 Vermont objects to this. request as everbroad, asking without specificity for "each and every document"-
i supporting contention VII.
Notwithstanding and without waiving this objection, Vermont states that, documents which support contention VII-are those acquired from Vermont' Yankee through discovery and those referenced in responses-.
to Vermont Yankee Interrogatories.
These documents will;be produced-for inspection and copying.'
L Q.16 With respect to every expert whom SOV has' retained or l
otherwise consulted for the purposes of-these proceedings, please produce:
i (a) for each expert retained, all documents that reflect, refer, or' relate to any_ communications, direct or indirect, between SOV and the expert, or any person or entity affiliated'with or acting on behalf of the expert, prior to SOV's retention of the expert;
-(b) for each expert retained, all documents that L
reflect or refer to either or.both the (i) date and (ii) terms of SOV's retention of the expert, 7
including (but not limited-to) any and all I
retention agreements;.
I (c) for each expert consulted, all documents that reflect or refer to either or both the (i) date(s) and (ii) terms of the consultation, including (but 4
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not limited to) any and all consultation i
agreements; i
(d) for each expert, all documents that reflect, j
refer, or relate to any communications between SOV l
and any other individual, agency, or other entity concerning the expert; l
(e) for each expert, all documents prepared (in whole or in part) by that expert which Sov intends to offer into evidence or otherwise rely upon at trial; and i
(f) for each expert retained to testify at trial, all documents upon which the expert's testimony will be based.
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A.16 (a)
Vermont objects to this request on the grounds that it is overbroad in asking for documents without limitation either as to time or subject matter, and that consequently it would be extraordinarily burdensome'for i
Vermont to search its files (including ancient ones in public records storage) dating back to time immemorial to determine what such documents, if any, even exist.
Vermont i
further objects on the grounds that such documents, if they exist, either constitute privileged trial preparation 2
materials or are irrelevant to the proceeding and'are not
,c reasonably calculated to lead to the discovery of admissible
- evidence, l
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2 Due to the overbroad nature of th;s request, Vermont has not identified the specific documents, if any, to which this privilege applies.
Such identification of privileged materials would require Vermont to attempt first to search for those documents that would be responsive to this request, which as previously noted would be excessively burdensome.
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(b)
Vermont will produce for inspection and copying l
011 of the requested documents.
l (c)
Vermont will produce for inspection and copying all of the requested documents.
(d)
Vermont objects to this request on the grounds that it is overbroad in asking for documents without j
limitation either as to time or subject matter, and that consequently it would be extraordinarily burdensome for Vermont to search its files (including ancient ones in public records storage) dating back to time immemorial to l
determine what such documents, if any, even exist.
Vermont further objects on the grounds that such documents, if they exist, either constitute privileged materials-(attorney-l 6
client communications or trial preparation materials),8 or are irrelevant to the proceeding and are not reasonably calculated to lead to the discovery of admissible evidence.
(e)
If " rely upon at trial" encompasses documents (other than those that Vermont intends to offer in evidence) that contain or reflect Vermont's litigation strategy (e.g.,
3 Due to the overbroad nature of this request, Vermont has i
not identified the specific documents, if any, to which chese privileges apply.
Such identification of privileged materials would require Vermont to attempt first to search for those documents that would be responsive to this request, which as previously noted would be excessively burdensome.
6
4, -
e proposed cross-examination questions for Vermont-Yankee f
witnesses), then Vermont objects to this request on the
. ?
grounds that these documents, if they exist, are protected by attorney-client privilege and/or constitute privileged trial preparation materials.
Without waiving this objection, Vermont responds "none."
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(f)
To the extent that this request seeks documents (other than those that Vermont intends to offer in evidence and those to $'hich an expert's testimony will refer) that contain oc reflect Vermont's litigation strategy (e.g.,
communications to or from counsel concerning possible subject matters to include in testimony), then Vermont i
i objects to this request on the grounds that these documents, i
if they exist, are protected by attorney-client privilege t
i l
and/or constitute privileged trial preparation materials.
Without waiving these objections, Vermont states that it has not made a decision as to the documents on which the testimony of its expert (s) will be based.
5 Q.17 For every employee or official of SOV whom SOV intends to offer as a witness, please produce:
l-(a) all documents which reflect or refer to the technical qualifications of the witness; (b) all documents which reflect or refer to the i
duties, responsibilities, and/or terms of employment of the witness; 7
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(c) all documents prepared (in whole or in part) by
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the witness which sov intends to offer into evidence or otherwise rely upon at trial; and i
(d) all documents upon which the witness's testimony will be based.
1 A.17 (a)
Vermont has not made a decision to offer any Vermont employee or official as a witness, i
(b)
See the response to the foregoing sub-part.
(c)
If " rely upon at trial" encompasses documents (other than those that Vermont' intends to offer in evidence) that contain or reflect vermont's litigation strategy (e.g.,
r proposed cross-exemination questions for Vermont Yankee l
witnesses), then Vermont objects to this request on the grounds that these documents, if they exist, are protected by attorney-client privilege and/cr constitute privileged trial preparation materials.
Without waiving this objection, Vermont states that it has not made a decision to offer any Vermont employee or official as a witness.
(d)
To the extent that this request seeks documents I
(other than those that vermont intends to offer in evidence and those to which a witness's testimony will refer) that contain or reflect Vermont's litigation strategy (e.g.,
communications to or from counsel concerning possible subject matters to include in testimony), then Vermont objects to this request on the grounds that these documents, l
l if they exist, are protected by attorney-client privilege 8
h
.and/or constitute privileged trial preparation materials.
Without waiving these objections, Vermont states that it has not made a decision to offer any Vermont employee or official as a witness.
[
Q.18 Please produce (a) all documents, not produced in response to one of the. foregoing requests, that reflect, refer, or relate.to any communications between Sov and any other individual, agency, or entity concerning these proceedings; j
(b) all documents, not produced in response to one of the foregoing coquests, that reflect, refer, or relate to any coemunications between Sov and any 7
other individus1, sgency, or other entity concerning the sub ect matter of these s
proceedings; and (c) all documents, not produced in response to one of the foregoing requests, that refer or relate to the subject matter of these proceedings.
i i
A.18 Vermont strongly objects to this request for "all documents" as overbroad and burdensome, and blatantly j
encompassing documents that are irrelevant or privileged (attorney-client communications, trial preparation materials, and advisory communications to the Governor of Vermont that are protected by executive privilege)' and that-4 Due to the overbroad nature of this request, Vermont has not identified the specific documents which are responsive to this request and which are privileged.
Such identification of privileged materials would require Vermont to attempt first to search for all documents that would be responsive to this request, which as previously noted would be excessively burdensome.
It is obvious that there are vast numbers of responsive documents that are privileged:
every attorney-client 9
g thus_ lie well beyond the scope of legitimate discovery.
Notwithstanding and without waiving these' objections, Vermont will produce for inspection and copying all requested nonprivileged documents that it has been able to identify.
B its a :orney, E@
K rt J on Special Assistant Attorney General Department of Public Service 120 State Street Montpelier, Vermont 05602 (802) 828-2811 Dated:
August 28, 1990 l
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communication concerning this proceeding, every document containing trial preparation materials concerning this proceeding, and every advisory communication to the Governor t
concerning this proceeding.
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Mme00fmESPONDENCE UNITED STATES OF AMERICA i.JLht;[D NUCLEAR REGULATORY COMKISSION UWRC before the ATOMIC SAFETY AND LICENSING BOARD g gg gg
)
In the Matter of
)
.;.n t d or u teif W V VERMONT YANKEE NUCLEAR
)
44 VIN-Docket No. 50 471 gdi (Operating Licens POWER CORPORATION
)
)
Extension)
(Vermont Yankee Nuclear
)
Power Station)
)
)
CERTIFICATE OF SERVICE I hereby certify that on August 28, 1990, I made service of
" Responses to Document Requests by State of Vermont to the Vernor,t Yankee Nuclear Power Corporation (Set No. 1)", in accordance with rules of the Commission by mailing a copy thereof postage prepaid to the following:
Administrative Judge Administrative Judge Robert M. Lazo, Chairman Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Eugene Holler, Esq.
Administrative Judge Ann P. Hodgdon, Esq.
Frederick J. Shon Patricia A. Jehle, Esq.
Atomic Safety and Licensing Board Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 R. K. Gad, III, Esq.
Anthony Z. Roisman, Esq.
Ropen & Gray Cohen, Milstein, Hausfeld &
One International Place Toll Boston, MA 02110 Suite 600 1401 New York Avenue, N.W.
Adjudicatory File Washington, D.C.
20005 Atomic Safety and Licensing Board Panel U.S.N.R.C.
Washington, DC 20555 me Kurt Jaqsgn
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Special thsistant Attorney General Dated: August 28, 1990
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