Response to Northern Thunder,Inc Motion to Compel Discovery. Interrogatories 2,3,4 & 5 Related to Contentions Explicitly Rejected as Issues in Controversy in Proceeding & Are Irrelevant.Denial Requested.Certificate of Svc EnclML20062B809 |
Person / Time |
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05000484 |
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Issue date: |
10/18/1978 |
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From: |
Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
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References |
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NUDOCS 7811010148 |
Download: ML20062B809 (6) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19351E3971980-11-26026 November 1980 Motion in Opposition to Dakota Commission'S Petition for Reconsideration of 801103 Order Denying Dakota Request for Hearing & Refusing to Defer Revocation of CP ML19339C2711980-11-13013 November 1980 Petition for Reconsideration of Commission 801103 Order Denying Nd & SD Commissions' Request for Deferral of CP Revocation.Urges Intervention & Hearing Based on Restatement of Interest,Injury in Fact & Standing.W/Certificate of Svc ML19344A7621980-08-18018 August 1980 Response in Opposition to NRC Reply to Nd & SD Commissions' 800711 Petition to Intervene & Request for Hearing. Ascertains Interests & Standing as Matter of Right.Enormous Costs May Be Avoided If Action Delayed.W/Certificate of Svc ML19271A9991980-08-0303 August 1980 Preliminary Response to PSC of Nd & SD Public Utils Commission Motion to Defer NRC Action & Petition for Late Intervention.Counsel Will Ascertain Opposition After Returning from Vacation.W/Certificate of Svc ML19330A8901980-07-23023 July 1980 Comments in Opposition to Dakota Commissions' 800711 Untimely Motion to Intervene.Petitioners Failed to Assert Interest.Nrc Has No Jurisdiction.Cp Should Be Revoked.W/ Certification of Svc ML19321B0421980-07-22022 July 1980 Response in Opposition to Dakota Commissions' 800711 Motion to Defer Action on Petition to Intervene Re 800616 Order to Show Cause.Commissions Did Not Actually Request Hearing & Do Not Have Requisite Interest.Certificate of Svc Encl ML19320B8951980-07-11011 July 1980 Petition for Late Intervention & Motion to Defer Revocation of Cp.Cancellation of Unit Will Have Substantial & Negative Impact on Present & Future Electric Interstate Market Due to Being Integral Part of Development.Certificate of Svc Encl ML19318D0841980-07-0101 July 1980 Response Stating No Objection to 800616 to Order to Show Cause Why License CPPR-157 Should Not Be Revoked ML19249A8501979-08-15015 August 1979 Request by Badger Safe Energy Alliance for Revocation of CP Granted to Applicants on 771223.Alliance Will Be Adversely Affected by Const Since All Members Live within 50 Miles of Site ML19276G8061979-06-25025 June 1979 Response Submitted by Intervenor Northern Thunder,Inc to Licensees & NRC Joint Motion for Summary Disposition of Radon Issue.Adopts Filings Made in Response to Ecology Action of Oswego & Intervenors Opposition to TMI ML19282B5631979-02-19019 February 1979 Objection of Intervenors Ecology Action of Oswego & Northern Thunder to ALAB-509 Because De Minimus Theory Re Radon Emission Is Absurd.Requests Hearing to Consider Evidence of Other Approaches to Cost Benefit Analysis ML19263B5551978-12-19019 December 1978 Permittee'S Motion to Dismiss Petitioner to Intervene, Northern Thunder Contention on Technical Qualifications. Asserts Nothern Thunder'S Failure to Reply to ASLB 781117 Directive Is Cause for Dismissal.Certificate of Svc Encl ML19289A0521978-12-0707 December 1978 Motion by Intervenor Northern Thunder for Extension Until 790219 to Submit the 2 Filings Required by Aslab in ALAB-509 Re Radon Issue.Certificate of Svc Encl ML20062D7281978-11-20020 November 1978 Aslb'S Memorandum & Order Ruling on Motions to Compel Discovery of 781117 Shows Incorrect Docket & Svc Dates.The Memorandum & Order Should Have Shown Docket & Svc Dates of 781117 ML20062D8121978-11-17017 November 1978 Memorandum & Order by ASLB on Motions by Intervenor N Thunder Permittee NSP & NRC Staff Re Compelling of Discovery.Denies Motions of N Thunder to Compel Discovery; Directs N Thunder to Answer Permittee'S Interrogatories ML20148H4281978-10-24024 October 1978 NRC Staff'S Response to Motion to Consolidate Hearings on Radon. Ecology Action,Intervenor in One of the Proc & Representing Intervenors in 4 Other Proc Filed 781003 to Consolidate.Nrc Requests Expeditious Ruling by Appeals Bd ML20062B5321978-10-18018 October 1978 Response to Motion to Consolidate Hearings on Radon Issue, Submitted by Intervenor Ecology Action of Oswego.Util Asserts That Stds of 10CFR2.716 Re Consolidation Not Met by Motion.Certificate of Svc Encl ML20062B8091978-10-18018 October 1978 Response to Northern Thunder,Inc Motion to Compel Discovery. Interrogatories 2,3,4 & 5 Related to Contentions Explicitly Rejected as Issues in Controversy in Proceeding & Are Irrelevant.Denial Requested.Certificate of Svc Encl ML20062B7521978-10-13013 October 1978 Util Response to Intervenor,Northern Thunder,Inc,Motion to Compel Discovery.Opposes Motion.Certificate of Svc Encl ML20148A2451978-10-13013 October 1978 Motion for Aslab to Consolidate Cases Into Single Hearing in Answer to ALAB-480 Re Radon Issue.Evidence Is Generic & Will Apply to All Nuclear Reactors ML20062B0511978-10-10010 October 1978 Order Granting Motion to Postpone Date for Filing Written Direct Testimony ML20062B0011978-10-0606 October 1978 Motion to Postpone Filing of Direct Testimony Due to Extra Time Needed for Discovery Re Recent Motions & Ruling.Filing Should Be Delayed Until Facility in Operation & Decision for Hearing Prior to EIS Reached ML20197B2061978-10-0303 October 1978 Intervenor Motion to Consolidate Hearings on Radon Issue. Proposes Joint Representation of Intervenors,Applicants & Staff at Aslab Hearings & Compilation of Generic Proposed Findings ML20062A5741978-10-0303 October 1978 Motion for ASLB to Compel Intervenor,Northern Thunder,To Respond to Applicant 780825 Interrogatories.Responses Received Evasive & Incomplete & Amount to Failure to Respond ML20147F4371978-09-28028 September 1978 Motion by Northern Thunder,Inc to Comple Discovery.Motion Constitutes Request for ASLB to Issue Order Compelling Applicant & Staff to Respond to Interrogatories & Request for Production of Documents ML20062B2341978-09-22022 September 1978 Staff Status Rept & Motion for Further Expansion of Time to Present Stipulation Re Procedures & Schedules for Compilation of Record on Radon Issue.Motion for Further Time Granted 1980-08-03
[Table view] Category:PLEADINGS
MONTHYEARML19351E3971980-11-26026 November 1980 Motion in Opposition to Dakota Commission'S Petition for Reconsideration of 801103 Order Denying Dakota Request for Hearing & Refusing to Defer Revocation of CP ML19339C2711980-11-13013 November 1980 Petition for Reconsideration of Commission 801103 Order Denying Nd & SD Commissions' Request for Deferral of CP Revocation.Urges Intervention & Hearing Based on Restatement of Interest,Injury in Fact & Standing.W/Certificate of Svc ML19318D0841980-07-0101 July 1980 Response Stating No Objection to 800616 to Order to Show Cause Why License CPPR-157 Should Not Be Revoked ML19249A8501979-08-15015 August 1979 Request by Badger Safe Energy Alliance for Revocation of CP Granted to Applicants on 771223.Alliance Will Be Adversely Affected by Const Since All Members Live within 50 Miles of Site ML19276G8061979-06-25025 June 1979 Response Submitted by Intervenor Northern Thunder,Inc to Licensees & NRC Joint Motion for Summary Disposition of Radon Issue.Adopts Filings Made in Response to Ecology Action of Oswego & Intervenors Opposition to TMI ML19282B5631979-02-19019 February 1979 Objection of Intervenors Ecology Action of Oswego & Northern Thunder to ALAB-509 Because De Minimus Theory Re Radon Emission Is Absurd.Requests Hearing to Consider Evidence of Other Approaches to Cost Benefit Analysis ML19263B5551978-12-19019 December 1978 Permittee'S Motion to Dismiss Petitioner to Intervene, Northern Thunder Contention on Technical Qualifications. Asserts Nothern Thunder'S Failure to Reply to ASLB 781117 Directive Is Cause for Dismissal.Certificate of Svc Encl ML19289A0521978-12-0707 December 1978 Motion by Intervenor Northern Thunder for Extension Until 790219 to Submit the 2 Filings Required by Aslab in ALAB-509 Re Radon Issue.Certificate of Svc Encl ML20148H4281978-10-24024 October 1978 NRC Staff'S Response to Motion to Consolidate Hearings on Radon. Ecology Action,Intervenor in One of the Proc & Representing Intervenors in 4 Other Proc Filed 781003 to Consolidate.Nrc Requests Expeditious Ruling by Appeals Bd ML20062B5321978-10-18018 October 1978 Response to Motion to Consolidate Hearings on Radon Issue, Submitted by Intervenor Ecology Action of Oswego.Util Asserts That Stds of 10CFR2.716 Re Consolidation Not Met by Motion.Certificate of Svc Encl ML20062B8091978-10-18018 October 1978 Response to Northern Thunder,Inc Motion to Compel Discovery. Interrogatories 2,3,4 & 5 Related to Contentions Explicitly Rejected as Issues in Controversy in Proceeding & Are Irrelevant.Denial Requested.Certificate of Svc Encl ML20148A2451978-10-13013 October 1978 Motion for Aslab to Consolidate Cases Into Single Hearing in Answer to ALAB-480 Re Radon Issue.Evidence Is Generic & Will Apply to All Nuclear Reactors ML20062B7521978-10-13013 October 1978 Util Response to Intervenor,Northern Thunder,Inc,Motion to Compel Discovery.Opposes Motion.Certificate of Svc Encl ML20062B0011978-10-0606 October 1978 Motion to Postpone Filing of Direct Testimony Due to Extra Time Needed for Discovery Re Recent Motions & Ruling.Filing Should Be Delayed Until Facility in Operation & Decision for Hearing Prior to EIS Reached ML20062A5741978-10-0303 October 1978 Motion for ASLB to Compel Intervenor,Northern Thunder,To Respond to Applicant 780825 Interrogatories.Responses Received Evasive & Incomplete & Amount to Failure to Respond ML20197B2061978-10-0303 October 1978 Intervenor Motion to Consolidate Hearings on Radon Issue. Proposes Joint Representation of Intervenors,Applicants & Staff at Aslab Hearings & Compilation of Generic Proposed Findings ML20147F4371978-09-28028 September 1978 Motion by Northern Thunder,Inc to Comple Discovery.Motion Constitutes Request for ASLB to Issue Order Compelling Applicant & Staff to Respond to Interrogatories & Request for Production of Documents ML20062B2341978-09-22022 September 1978 Staff Status Rept & Motion for Further Expansion of Time to Present Stipulation Re Procedures & Schedules for Compilation of Record on Radon Issue.Motion for Further Time Granted 1980-07-01
[Table view] |
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UNITED STATTh 0F AMERICA NUCLEAR REGUI \ TORY C0PMISSIOil 10/18/78 BEFORE THE ATOMIC SAFETY Afl0 LICEtiSING BOARD In the Matter of
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NORTHERN STATES POWER COMPANY Docket flo. STN 50-484 (MINNESOTA) AND NORTHERN STATES .- ff~ S'%
POWER COMPANY (WISCONSIN)
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, I /,N (Tyrone Energy Park, Unit 1) )
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- p. A
- d'>~ [5 NRC STAFF RESPONSE TO "MOTI0ft BY NORTHERN S-). 7 4...t / h THUNDER, INC. TO COMPEL DISCOVERY" I. INTRODUCTION
/,\
w' s is Pursuant to 10 CFR 12.730(c) the NRC Staff files this response to the
" Motion by Northern Thunder, Inc. to Compel Discovery", dated September 28, 1978. The motion, which is directed at both the Permittees and the Staff,
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has been brought by Northern Thunder ("NT") pursuant to 10 CFR 62.740(f).
As it pertains to the Staff, NT states two bases for its motion. Tilefirst
(, is that the Staff failed to apply for a protective order under 10.CFR 12.740(c) <
andis,therefore, pursuant 12.740(f)requiredtorespondtothe!'nterrogatories i in question. The second is that the interrogatories are, contrary to the l
l Staff's position,..re, levant to paragraph 1 of the Board Contention. .
.II. ARGUMENT l
The Staff's position can best be understood by censidering first the question of relevancy. In framing its centention on financial qualifications, the Licensing Board specifically noted that:
7811010W3 - (y r _ . > , . - . , ..m. . ,
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.. . "The Appeal Board-clearly intends for us to
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consider only those aspects of the permittecs' financial and technical qualifications which flew from the changes in the legal relationships of the co-applicants. 1,/
Thus, the Board Contention begins with the following words:
Because of the withdrawal of NSP-M as a direct owner of Tyrone, the permittees do not have the financial qualifications to design and construct Tyrone Energy Park Unit 1 in that . . 2/
Paragraph 1 of the Board Contention, which states that "NSP-M will be unable to transfer funds to NSP-W", therefore clearly relates to the NSP-M withdrawal as a co-owner. NT's interrogatories 2, 3, 4, and 5, to which the Staff objected, 3
relate, however, to the application of the Public Utility Holding Company Act 3/ 4/
to NSP-M. NT had earlier filed contentions (1.E and 2.E')which sought to in-ject into the remand proceeding the question of the possible impact on NSP-
/
M's ability to transfer funds to NSP-W and Lake Superior District Power Co.
(LSDP) should NSP-M become non-exem't p under the f.ct as a result of its acquisition
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1/ " Memorandum and Order Concerning Northern Thunder's Contentions on Remand d Matters", July 28, 1978, at 2.
2/ljl.at12.
3/ Contention 1.E reads:
NSP-MN intends to purchase all or substantially a;i of the outstanding stock of Lake Superior District Power Co. (LSDP). If such transaction is consumated, NSP-MN will be. a non-exempt regulated public utility holding company under the Public Utility Holding Ccmpany Act of 1935. As a result, transfer of funds between NSP-MN and NSP-WI will be illegal. Consequently NSP-MN will be unable to transfer to NSP-WI, in the form of loans or equity purchases, funds sufficient to enable NSP-WI to cover the portion of construction costs it expects to cover witn funds derived from NSP-MN.
4/ Contention 2.E reads the same as Contention 1.E, except that it refers to
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transfer of funds to LSDP and, hence, the financial qualifications of LSDP.
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I of LSDP. The Board explicitly rejected Contentions 1.E and 2.E. While acknowledging that Contention 1.E might theoretically be relevant to the issue of NSP-W's ability to raise funds from the sale of additional stock to its parent, the Board held that "the connection depends upon too many 6/
implausible and speculative links to be sustained". After noting the same deficiency in Contention 2.E the Board found this contention "even ,
further removed in relevance to the remanded issues because LSDP itself does 7/
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not pertain to the remand except as a surviving permittee".
r In light of the Board's order, interrogatories 2, 3, 4, and 5 relate to contentions which the Board has already explicitly ~ rejected as' issues in con-troversy in this remand proceeding. These inte#rrogatories are not, therefore, relevant to this proceeding, nor are they reasonably calculated to lead to the discovery of admissible evidence. For these reasons, the interrogatories
are beyond the permissible scope of discovery in Comission proceedings.~
NT also asserts that the Staff had to accompany its objection to the interro-gatories with a request for a protective order. NT relies upon the provision 5/ ' July 28, 1978 Memorandum and Order at 3-4, 5. -
6/ Id. at 4.
7/ Id. at 5.
8,f 10 CFR 12.740(b).
l
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! of 32.740(f) that a failure to answer an interrogatory shall not be excused on the basis of an objection filed to it unless the objecting party has applied for a protective order under 12.740(c). The mechanism of !2.740(c) .,
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does not, however, appear appropriate to the Staff in view of the type of objection we interposed. It is not the Staff's position that answering the
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interrogatories would entail " annoyance, embarrassment, oppression, or undue burden or expense". Rather, our objection is based squarely on grounds of relevancy. Should our objection be overruled, we would not seek any of the protectionsavailableunder12.740(c). We do not, therefore, believe that a request for a protective order had to accompany our objection.
Conclusion /
For the reasons noted above, the Staff believes that its objections to interro-gatories 2, 3, 4, and 5 were proper and requests that NT's motion be denied.
Respectfully submitted, Stephen7H. Lewis Counsel for NRC Staff l
t I DatedatBethes'da,$aryland this 18th day of October, 1978.
. l
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I ONITED STA'TES'0F AMERICA l' NUCLEAR REGULATORY COMMISSION ,
' BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of , ,,
NORTHERN STATES POWER COMPANY Docket No. STN 50-484~
(MINNESOTA)ANDNORTHERN STATESPOWERCOMPANY(WISCONSIN)
(Tyrone Energy Park, Unit 1) 4
- CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO ' MOTION BY NORTHERN I
THUNDER, INC. TO COMPEL DISCOVERY'", in the above-captioned proceeding have been served on the following 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, this 18th day of October,1978:
f
- Ivan W. Smith, Esq., Chairman Jocelyn F. Olson, Esq. ,
Atomic Safety and Licensing Board Minnesota Pollution Control U.S. Nuclear Regulatory Commission Agency Washington, D.C. 20555 1935 W. County Road, B2 Roseville, Minne:ota 55113 Dr. George C. Anderson Department of Oceanography
- s University of Washington Mr. Tom Galazen
- Seattle, Washington 98195 ' gg.R 6
- Mr. Lester Kornblith, Jr. Turtle Lake, Wisconsin 54889 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Michael J.'Cain, Esq.
Washington, D.C. 20555 Bureau of Legal Services .
.- v Department of Natural Resources .
Gerald Charnoff, Esq. Box 7921 Shaw, Pittman, Potts & Trowbridge Madison, Wisconsin 53707 1800 M Street, NW.
. Wash i ngton, D.C. 20036 .
I F e
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___.m____.., .
Tyrone Energy Park .
Mr. Stanley Cider Barbara J. Willard, Esq.
. c/o Durand Postmaster Public Service Comission of Tyrone, Wisconsin 54736 Wisconsin .
Hill Farms State Office Bldg.
- Atomic Safety and Licensing 4802 Sheboygan Avenue Appeal Board Madison, Wisconsin 53702 U.S. Nuclear Regulatory Comission
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Washington, D.C. 20555 Mr. Edward Gold ~ -
814 4th Street
- Atomic Safety and Licensing Mencmonie, Wisconsin 54751 Board Panel U.S. Nuclear Regulatory Comissinn Richard Ihrig, Esq.
Washington, D.C. 20555 400 Exchange Building 4th and Center
- Docketing and Service Section ' Winona, Minnesota 55987 Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C. 20555 .
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P Step (en H. Lewis Counsel for NRC Staff 7
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