ML20069B027

Third Progress Rept Re Discovery Activities.Certificate of Svc Encl

ML20069B027
Person / Time
Site:	Point Beach
Issue date:	12/21/1981
From:	Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:
References
NUDOCS 8112240074
Download: ML20069B027 (7)

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~ 00%TJO December 2bf'1981 UNITED STATES OF AMERICA b I20 NUCLEAR REGULATORY COMMISSION

$ 5ECREin y GRAtg 4 d SERV!CF-Before the_ Atomic Safety and Licensing _ Board

- In the Matter of )

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i WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50- =

4- (Point Beach Nuclear Plant, ) (OL Amendmen 4 i _ Units 1 and 2) ) g ,-

RECEIVED

• LICENSEE 'S THIRD PROGRESS REPORT '83 DEC23198b-l n e. g 7 ,

REGARDING DISCOVERY ACTIVITIES g Lua ,u Y'

In its October 13, 1981 " Memorandum and Order:Concerning -

The Admission of A Party .and Its Contentions," the Licensing Board directed all parties to file bi-monthly progress reports

'on discovery activities, on the last working day preceding the 22nd of each month and on the last working day preceding the -

7th of each month. The Board orally modified that filing schedule at the close of the. October 30, 1981 hearing, to eliminate the requirement for filing the first report each month. Tr. 701, 740.

On November 23, 1981, Decade contacted counsel for

-Licensee to discuss, inter alia, Decade's October 29, 1981

-motion to compel discovery. That conversation-is memorialized oso3 ,5 in Licensee's November 24 letter to Decade.

As that letter /

i explains, Licensee has no documents responsive to i

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PDR ADOCK 050')O266 :

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Interrogatories 6, 8, 11, 12 and 14 (other than_those referenced in Licensee's October 27, 1981 responses to the-

l interrogatories), with the exception of a transcript of the October 23-24, 1980 meeting of the San Onofre Unit 1-Steam Generator Sleeving Review Board, which was transmitted to

Decade by counsel for Licensee's letter dated December. 2, 1981.

As=noted in Licensee's November 20, 1981 discovery .

progress report, " Licensee's First Set of Interrogatories and Request For Production of Documents to Intervenor Decade Relative To Full Scale Sleeving Program" were filed November 10, 1981. Though those discovery requests, Licensee sought specific.information.related_to the issues raised by' Decade in its Contentions 3, 4, 5 and 7.- Most of the interrogatories were carefully framed to elicit the bases for - Decade's asser-tions. " Decade's Answer To Licensee's First Set-of Interrogatories Relative To Full Scale Sleeving" was filed November 25, 1981. Those answers were so evasive and devoid'of substance as to constitute a willful failure to respond.

Decade's refusal to specify the bases for 'i td# cont'entions (particularly in response to Licensee's November 10 interroga-tories), coupled with Decade's failure to diligently avail itself of opportunities for discovery, contributed to the grounds for " Licensee's Motion For Dismissal of Intervenor Wisconsin's Environmental Decade, Inc.," dated December 9 and hand-served on Decade by Federal Express on December 10, 1981.I' 1 Licensee's motion requests, as alternative relief, that the Board at a minimum (1) require. Decade to plead immediately l ,

Licensee's November 20 discovery progress report also noted the filing that day of " Licensee's Second' Set c f Interrogatories and Request For Production of Docume its To Intervenor Decade Relative To Full' Scale Sleeving Program."

Those discovery requests were ' designed to identify, and elicit the bases for , any and all issues which Decade wishes-to [

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litigate beyond the issues expressly raised by ' Decade in its Contentions 3, 4, 5 and 7. In " Decade's Answer.To Licensee's Second Set of Interrogatories Relative To Full Scale Sleeving,"

filed on December 8, 1981, Decade identified for. the first time concerns beyond those set forth in its contentions 3, 4, 5 and 7, but refused to specify the bases for its newly-stated concerns. Thus,~ Decade's December 8 responses even more graphically evidenced Decade's deliberate refusal to meet even the.most fundamental obligations imposed on participants in an NRC licensing proceeding, and provided the basis for the December 11, 1981 " Amendment To Licensee's Motion For Dismissal of Intervenor Wisconsin's Environmental Decade, Inc."

Licensee's December 9 motion and its December 11 amendment -to that motion are now pending before the Board.

Licensee currently has no discovery requests pending with either Decade or the Staff, and there are no discovery requests (continued) the bases for its Contentions 3, 4, 5 and 7, (2) compel Decade to respond fully to Licensee's interrogatories on an extremely expedited basis, and (3) set a date.for the close of discovery in the very near future (with leave for later discovery limited to new information in the Staff's SER and environmental filings upon a showing of " good cause") .

e pending with Licensee. Licensee does not presently anticipate-

. seeking follow-on discovery of Decade;- nor does Licensee ' intend

> to seek discovery:of the Staff.

Respectfully submitted, '

l SHAW, PITTMAN, POTTS & TROWBRIDGE

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, By d 3 BrW e W. Churchill l j Delissa A. Ridgway.

' Counsel for Licensee-1800 M Street, N.W.

Washington, D.C. 20036 (202)'822-1000 Dated: December 21, 1981

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December 21, 1981 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) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Licen-see's Third Progress Report Regarding Discovery Activities" were served , by deposit in the U.S. Mail, first class, postage prepaid, to all those on the attached service list, this 21st day of December.

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bn "DeJ;issa A'.(3idgw y {

Dated : December 21, 1981

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 5efore the Atomic Safety and Licensing Board In the Matter of )

) e WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (OL Amendment)

Units 1 and 2) )

SERVICE LIST Peter 3. Bloch, Chairman Charles A. Barth, Esquire Atomic Safety and Licensing Office of the Executive Board Panel Legal Director

.U.S. Nuclear Regulatory U.S. Nuclear Regulatory Cormission Commission Washington, D.c. 40L55 Washington, D.C. 20555 Dr. Hugh C. Paxton Kathleen M. Falk, Esquire 1229 - 41st Street Wisconsin's Environmental Los Alamos, New Mexico S7544 Decade 114 North Carroll Street' Dr. Jerry R. Kline- Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel .

U.S. Nuclear Regulatory Stuart A. Treby, Esquire Office of the cxecutive Commission .egal n

Director Washington, D.C. 20555 U.S. duclear Regulatory

. . . Cormission Atomic Sa:.e ty and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Francis X. Davis, Esq.

Cormission Westinghouse Electric Corporation Washington, D.C. 20555 Nuclear Energy Systems Division P. O. Box 355 Atomic Safety and Licensing Pittsburgh, Pennsylvania 15230 Appeal Board Panel U.S. Nuclear Regulatory Commissien Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Corrais sicn Washington, D.C. 20555