ML20067D357

Motion for Resumption of Discovery as Listed.Several Discovery Matters Remain Outstanding.Certificate of Svc Encl.Related Correspondence

ML20067D357
Person / Time
Site:	Catawba
Issue date:	12/09/1982
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8212130230
Download: ML20067D357 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '82 DEC 10 All:24 BEFORE THE ATOMIC SAFETY AND LICENSING'BOARDiist,py SiUj{cfLRVICE In the Matter of )

)

D'lKE POWER COMPANY, - - - -et al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

APPLICANTS' MOTION REGARDING DISCOVERY ON MATTERS PREVIOUSLY SUSPENDED In its Order of July 8, 1982, the Atomic Safety and Licensing Board (" Board") in this proceeding suspended dis-covery with respect to all admitted contentions with the exception of Palmetto Alliance 8, 16 and 27. By its recent Order of December 1, 1982, the Board lifted the suspension order. In light thereof, Applic. ants have examined the status of discovery at the time of the suspension and have determined that several matters remain outstanding.

On April 9, 1982, Applicants served interrogatories upon Palmetto Alliance concerning, inter alia, contentions 61 and 7. On April 28, 1982, Palmetto Alliance served its responses to these interrogatories. Applicants then and now maintain that such responses are deficient and that a motion 1 The Board has limited and modified Palmetto Alliance Contention 6. Applicants have examined the modified contention and view such to be limited to allegations of

(1) systematic deficiencies in plant construction, and l (2) company pressure to approve faulty workmanship. In essence, Applicants view the contention as limited to the last sentence of original Palmetto Alliance Contention 6.

1 i em 8212130230 821029 -

l PDR ADOCK 05000413 s G PDR q h

to compel is in order.2 Applicants in their pleading of May 10, 1982 noted (p. 8, n.10) that they were deferring the filing of motions to compel pending Board action on their request for a suspension of discovery. (Both Applicants and the Staff had sought a stay of discovery pending resolution of their objections to the Board's March 5 Order.) Appli-cants now wish to pursue this course and propose to file a motion to compel on or before December 20, 1982.

On April 20, 1982, Palmetto Alliance served interro-gatories concerning, inter alia, its Contentions 6 and 7.

Given the suspension of discovery Applicants did not provide answers. With the lifting of the suspension of discovery, answers are outstanding. Applicants propose to file such answers on or before December 30, 1982.

On September 27, 1982, Palmetto Alliance served upon Applicants interrogatories concerning its Contention 44.3 These interrogatories were filed together with interroga-tories concerning Contention 16. Applicants filed answers to interrogatories concerning Contention 16 and noted that 2 Applicants' interrogatories addressed, inter alia, the last sentence in Palmetto Alliance's original Contention

6. Applicants maintain that Palmetto Alliance's answers with regard thereto are deficient. Applicants' motion to compel will be limited to this aspect of its interrogatories and Palmetto Alliance's answers, inasmuch as the other interrogatories and answers to Palmetto Alliance's original Contention 6 have been mooted by the Board's Order of December 1, 1982.

3 This Board has admitted CESG's Contention 18, which is identical to Palmetto Alliance Contention 44.

they were not providing answers to those on Contention 44 t

because the Board had explicitly limited discovery in its July 1982 Order to Palmetto Alliance Contentions 8, 16 and

27. Inasmuch as the Board's Order of December 1 lifts the prior suspension of discovery, answers to Palmetto Alliance interrogatories regarding Contention 44 are now outstanding.

Applicants propose to file such answers on or before Dec-ember 30, 1982. ,

Applicants move that the Board permP the resumption of the discovery discussed above under the schedule proposed.

Respectfully submitted, k, -

g J. Michael McGarry,&TII /

Anne W. Cottingham DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 William L. Porter Albert V. Carr, Jr.

Ellen T. Ruff DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for Duke Power Company, et al.

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December 9, 1982 l

O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER COMPANY, et

-- -~

al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion Regarding Discovery On Matters Previously Suspended" in the above captioned matter have been served upon the following by deposit in the United States mail this 9th day of December, 1982.

James L. Kelley, Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan William L. Porter, Esq.

Union Carbide Corporation Albert V. Carr, Jr., Esq.

P.O. Box Y Ellen T. Ruff, Esq.

Oak Ridge, Tennessee 37830 Duke Power Company P.O. Box 33189 Dr. Richard F. Foster Charlotte, North Carolina 28242 P.O. Box 4263 Sunrivar, Oregon 97702 Richard P. Wilson, Esq.

Assistant Attorney General Chairman State of South Carolina Atomic Safety and Licensing P.O. Box 11549 Board Panel Columbia, South Carolina 29211 U.S. Nuclear Regulatory Commission Robert Guild, Esq.

Washington, D.C. 20555 Attorney-at-Law P.O. Box 12097 Chairman Charleston, South Carolina 29412 Atomic Safety and Licensing Appeal Board Palmetto Alliance U.S. Nuclear Regulatory 2135 1/2 Devine Street Commission Columbia, South Carolina 29205 Washington, D.C. 20555

Jesse L. Riley Scott Stucky 854 Henley Place Docketing and Service Section Charlotte, North Carolina 28207 U.S. Nuclear Regulatory Commission Henry A. Presler Washington, D.C. 20555

. Charlotte-Mecklenburg Environmental Coalition 943 Henley Place Charlotte, North Carolina 28207 h bA, $

f J. Michael McGarry,'III

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