ML20063D174

Answers to Interrogatories & Request for Production of Documents.Certificate of Svc Encl

ML20063D174
Person / Time
Site:	Limerick
Issue date:	08/20/1982
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
ISSUANCES-OL, NUDOCS 8208270500
Download: ML20063D174 (10)

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DOLFrTED USNRC UNITED STATES OF AMERICA

• NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing82 Board GJ 23 ?! n2' C ; ' .* .- **-<r cc- .t..

In the Matter of )

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"" b .$ "dh-Philadelphia Electric Company ) Docket No. 50-352-OL

) 50-353-OL (Limerick Generating Station, )

Units 1 and 2) )

DEL-AWARE'S ANSWERS TO APPLICANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Del-AWARE's Answers are complete based on present information, but will be supplemented as required under 10 ,

C.F.R. Part 74 0 (e) , and/or if further contentions are admitted by the Board. All Answers to Interrogatories were s prepared by counsel for Del-AWARE Unlimited, Inc.

1. (a) The location of the intake structure as pres-ently proposed, that is, at Station 8+65 will have such an impact. Del-AWARE does not possess sufficient information at this time to determine precisely where the intake could be located to mitigate such impacts, although Del-AWARE .

believes that such location would be out of the area of influence of the eddy and pool. The basis for this answer is more fully described in Del-AWARE's Answer to NRC Staff's Interrogatories S-1 through S-6, which are incorporated herein by reference.

(b), (c), and (d) See Del-AWARE's answer to NRC Staff Interrogatories S-1 through S-6, incorporated herein by reference.

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(e) The only " study or comparison" of which De l--

AWARE is aware is referenced in the Workshop on Passive Intake Structures, a copy of which~is in the possession of the Applicant and has been referred to in -depositions of witnesses taken by Applicant and Del-AWARE on August 5, 6, 12, and 13, 1982. The results of the study referred to are set forth in the workshop publication.-

2. There are no bases other than those identified in answer to Interrogatory 1.

3. See Del-AWARE's answer to. NRC Staf f's Interrogatiory S-6, which.is incorporated herein by reference.

4. (a) To Del-AWARE's knowledge there have been no  :

surveys of noise levels taken to date at the proposed Point Pleasant Historic District, other than any made by .Appli- -

cant, and not disclosed to Del-AWARE. .

(b) See Del-AWARE's Answer to NRC Staff Interroga-s tories S-9 and S-10, which are incorporated herein by reference.

(c) Traffic and visual and aesthetic disrutpion.

Trucks and heavy equipment will be coming and going; ground will be disturbed, and backwashing will disturb the fish l

habitat.

(d) , Del-AWARE is without sufficient information at this time to determine with what frequency and for what duration maintenance will take place.

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l (e) Del-AWARE has not at this time developed precise criteria in qualitative terms for judging such effects.

(f) Del-AWARE . is not aware of any such study or comparison at this time.

5. Del-AWARE relies on no other bases at this time.

6. (a) See Del-AWARE's answer to NRC Staff's Inter-rogatories S-11, S-12, and S-15, which are incorporated herein by reference.

(b) Groundwater contamination is defined in Del-AWARE's answer to NRC Staff's Interrogatory S-14, which is incorporated herein by reference. Hydraulic saturation refers to the groundwater table level.

(c) See Del-AWARE's answer to NRC Staff's Interrog-atory S-12, which is incorporated herein by reference.

Concentrations, to the extent known, are described in the s

documents referred to in Del-AWARE's a'nswers to NRC Staff's Interrogatories.and in the references thereto, all of which are incorporated herein by reference.

(d) The mechanism by which seepage will occur i

includes constant permeation, soil slope and stability l

! failure of Bradshaw Reservoir.

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-(e) ' The seepage is expected or projected to occur i

in proportion to the concentrations found in the water, the measurements of which, to the extent known, are contained in the documents referred to in answer to Interrogatories (a) i r

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'h e and (c), and the references thereto, all of which are incorporated herein by reference.

(f) Del-AWARE has conducted no such studies.

7. Del-AWARE relies on no other factual bases at this time.

8. (a) and (b) The documents relied upon are~identi-fied in Del-AWARE's answer to NRC Staff's Interrogatory G-2, which is incorporated herein, and in the depositions of Del-AWARE's witnesses, and have been made'available to the Applicant, as a result of which the information sought by the answer to Interrogatory 8 is equally available to Applicant. ~

(c) To the extent known at this time, the answers are based on the information regarding.the matters set forth in answer to the previous Interrogatories ahd in the identi-i fied documents, and they support the conclusions and opin-

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ions of Intervenors witnesses, as ~ set forth in the deposi-tions which are already available to the Applicant.

, 9. (a) The information requested in Interrogatory 9 (a) , to the extent presently available, is contained in the documents made 'available to the Applicant, or to be made l

available, and is therefore equally available to the Appli-cant.

(b) To the extent calculations and analyses have been made, they have already been identified and provided to Applicant, including the names of those who performed the studies, in the depositions of Del-AWARE's witnesses, with

the exception of U.S. Fish and Wildlife personnel, M r .,

Joseph Miller and Mr. Rick McCoy, whose work is described in Del-AWARE's answer to NRC Staff's Interrogatories G-1(a) and S-3, which are incorporated herein by reference.

(c) The studies, calculations and analyses have i

l been performed at the places and times indicated in the e

answers of Del-AWARE's witnesses to questions in their depositions, to the extent known at this time, except that U.S Fish and Wildlife studies and analyses were performed over the last . ten years . in Rosemont, New Jersey, State College, Pennsylvania, and other locations at which U.S Fish f and Wildlife Service has operations. ,

1 (d) The information studied, calculated, or ana-i lyzed is.not available or known to Del-AWARE, except to the- I extent contained in the reports.and studies or testimony of the witnesses. To the extent that the information .is available^ to Del-AWARE, it has been provided to Appli. cant through the deposition of Intervenor's witnesses and produc-tion of related documents at the time of depositions.

(e) See Del-AWARE'.s answer to Interrogatory 9 (d) .

(f) The studies, calculations and analyses identi-fied provide 1

the basis for Interrogatories answered herein, to the extent and in'the manner described in each answer or i described by the witnesses deposed by Applicant in their i

] respective testimony, which testimony is incorporated herein by reference.

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- 10 . None of the answers to these Interroga tories ~,.

other than the answers to Interrogatories 8 and 9, are based upon research. The research relie'd on in the answers _ to Interrogatories 8 and 9 is described in those answers.

11. (a), (b) and (c) The individuals on whose conversa-tions the answers tc these Interrogatories were based are those identified in the answers to Interrogatories 1 through 7, and the basis for the use of such information is provided therein. Del-AWARE's communications with these individuals took place at various times which Del-AWARE is not able to determine at this time. However, Del-AWARE has had contact with Mr. McCoy, Mr. Miller, Mr. Kaufman and Mr. Golub since -

approximately June, 1981, and with Mr. Beemer, Mr. Phillipe, Mr. Torkelson, and Mr. Emory since late 1981, and with Mr. -

Landis since approximaEely April, 1982. The nature of each communication was a telephonic or personal interview, the

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date of which is not presently known to Del-AWARE. Individ-uals involved in some or all these communications included counsel and other representatives of the client, working under the direction of and with responsibility to counsel.

(d) The information received from each individual identified in response to Interrogatory ll (a) is described in Del-AWARE's answers to the respective Interrogatories of Applicant relating to each such individual, and the docu-ments produced by each witness at his deposition.

12. Del-AWARE will seek to introduce into evidence all 1

of the documents identified in response to Interrogatory 8.

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13. At this time, Del-AWARE knows of no other docu-ments which will be used during cross-examination of Appli-cant's and NRC Staff's witnesses.

, 14. To the extent Del-AWARE intends to present such witnesses, they, their testimony, and the bases thereof are provided in Answers to Staff G-1. Del-AWARE objects to this Interrogatory to the extent it seeks other information on the grounds that it requests information which is privileged and beyond the scope of discovery permitted by 10 CFR S

2. 74 0 (b) . See F.R.C.P. Rule 2b (b) (4) (B) .

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15. See Answer to Interrogatory 14.

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16. The witnesses which Del-AWARE presently intends to '

offer include those persons identified in the answer to NRC Staff's Interrogatory G-1, which is incorporated herein by J

reference. Del-AWARE also intends to introduce testimony of Richard McNutt concerning ice conditions in the river, as

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brought forth in his deposition of August 19, 1982, George Pence concerning his reviews, and Thomas May concerning his reviews. All available information is described in their respective depositions.

17. Del-AWARE has no plans at this time to utilize any, j such individuals.

18. All documents responsive to these Interrogatories j are or shall be made available for inspection and copying at the law offices of Robert J. Sugarman, Esquire by August 20, 1982, concurrent with the filing of these answers to Inter-rogatories.

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N ROBERT J. SD'GARMAN Counsel for Intervenor Of Counsel:

SUGARMAN & DENWORTH Suite 510 121 South Broad Street Philadelphia, PA 19107 (215) 546-0162 Dated: August 20, 1982 60

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a' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF BG;A fklLADELfHIk (gA, W being duly sworn, deposes and says that she is a Officer of Del-AWARE Unlimited, Inc. and an Inter-venor herein, and the facts as stated in the foregoing Ap-plicant's Interrogatories and Requests for Production of Documents are true and correct to.the best of her knowledge, information, and belief.

bl.A4 ] /

C6Tleen Wells ~

Commonwealth of Pennsylvania County of Philadelphia sworn & subscribed to

, before me this 20 day.of August, 1982, c d43 AQ nb A4-Notary Public

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.s OGr. ' cec CERTIFICATE OF SERVICE l 5

. - p-I hereby certify that Del-Aware's Answers th~'NRd SNaff.g2 DiscoveryRequestsandDl-Aware'sAnswerstoApplicgWh$s'FInternov Cat :.. . ? E F.'.C E gatories and Request for Production of Documents were seEYsd-by hand this 20th day of August, 1982 on the followin'g persons:

Lawrence Brenner, Esq., Chairman Adminis'trative Judge U.S. Nucl' ear Regulatory Commission Washington, DC 20555 Dr. Richard F. Cole Administrative Judge U.S. Nuclear Regulatory Commission Washingto'n, DC 20555 Dr. Peter A. Morris

. Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Edward G. Bauer, Jr.

Vice President & General Counsel '

Philadelphia. Electric Company 2301 Market Street Philadelphia, PA 19101

• Troy B. Conner, Jr., Esquire Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.

Washington, DC 20006

-Secretary U.S. Nuclear Regulatory Commission ATTN: Chief, Docketing & Service Br.

Washington, DC.20555 Stephen H. Lewis, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission j Wa'shington, DC 20555 sti$ ,

JJ igt %v y 4in 3. g l

Robert J. Suga rma'd i

DATED

August 20, 1982

• Delivered by U. S. Mail.

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