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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999 NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc ML20217H9661999-10-20020 October 1999 NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence ML20217E0881999-10-18018 October 1999 Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20217F7681999-10-17017 October 1999 Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence ML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E2611999-10-13013 October 1999 Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217D5561999-10-13013 October 1999 Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence ML20217D5761999-10-13013 October 1999 Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence ML20217D6201999-10-12012 October 1999 NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence ML20217D5661999-10-12012 October 1999 NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20212L1441999-10-0505 October 1999 NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence ML20212J0801999-09-29029 September 1999 Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence ML20212G0001999-09-24024 September 1999 Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence ML20212G0081999-09-24024 September 1999 Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence ML20212D7151999-09-20020 September 1999 Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence ML20212D8521999-09-20020 September 1999 Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence ML20212C1231999-09-17017 September 1999 Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence ML20211N7481999-09-10010 September 1999 NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence ML20211N5021999-09-0808 September 1999 Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence ML20211M4201999-09-0707 September 1999 Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence ML20211M5001999-09-0303 September 1999 Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence ML20211H4931999-08-30030 August 1999 Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence ML20211B7951999-08-23023 August 1999 NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence ML20211B8361999-08-23023 August 1999 Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence ML20210T3531999-08-16016 August 1999 Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence ML20210L9571999-08-0606 August 1999 Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20207D6991999-05-27027 May 1999 Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20206R2411999-05-13013 May 1999 Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20206G4051999-05-0505 May 1999 Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc ML20206F9491999-05-0505 May 1999 NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc ML20206A0851999-04-22022 April 1999 Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20196K8861999-04-0505 April 1999 Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20196K9041999-03-31031 March 1999 Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc 1999-09-08
[Table view] Category:PLEADINGS
MONTHYEARML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20205A9201999-03-26026 March 1999 Motion for Approval of Protective Order.* Orange County,With Support of CP&L & Nrc,Requests Board Approval of Encl Protective Order.With Certificate of Svc ML20204E5341999-03-17017 March 1999 Orange County Second Motion for Extension of Time to File Proposed Protective Order.* Licensing Board Granted Motion to Extend Deadline for Filing Proposed Protective Order Until 990304.With Certificate of Svc ML20207L4041999-03-16016 March 1999 NRC Staff Answer to Orange County Motion to Relocate Prehearing Conference.* NRC Has No Objections to Relocating Prehearing Conference,Time or Place.With Certificate of Svc ML20204C9721999-03-15015 March 1999 Applicant Response to Bcoc Motion to Relocate Prehearing Conference.* Applicant Requests That Prehearing Conference Be Held in Hillsborough,Nc.Location Available to Hold Prehearing Conference on 990513.With Certificate of Svc ML20207K1391999-03-0909 March 1999 Orange County Motion to Relocate Prehearing Conference.* Requests Licensing Board Relocate Prehearing Conference Scheduled for 990511 to Site in Area of Shearon Harris Npp. with Certificate of Svc ML20127M4091992-10-0202 October 1992 CP&L Response to Appeal to NRC Commissioners of NRC Staff Denial of Nirs Petitions for Immediate Enforcement Action of 920721 & 0812.* Commission Should Affirm NRR Denial of Nirs Petitions.Certificate of Svc Encl ML20213A0091987-01-28028 January 1987 NRC Staff Response to Intervenor Application for Stay of ALAB-856.* Motion Should Be Denied Since Coalition for Alternatives to Shearon Harris Lacks Standing to File Motion & 10CFR2.788 Criteria Not Met.Certificate of Svc Encl ML20212R6431987-01-27027 January 1987 NRC Staff Motion for Extension of Time.* Motion for Extension Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856.Certificate of Svc Encl ML20212R6861987-01-27027 January 1987 Licensees Answer to Conservation Council of North Carolina/ Eddleman Motion for Stay.* Motion Should Be Summarily Denied.Certificate of Svc Encl ML20209A7191987-01-27027 January 1987 NRC Staff Motion for Extension of Time.* One Day Extension of Time Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856 Requested.Granted for ASLB on 870128.W/ Certificate of Svc ML20207N6051987-01-10010 January 1987 Conservation Council of North Carolina,Wells Eddleman,Pro Se & Coalition for Alternatives to Shearon Harris Motion to Stay Effectiveness of Licensing of Shearon Harris Nuclear Power Plant.* W/Certificate of Svc ML20207M0191987-01-0808 January 1987 Motion to Continue Commission decision-making Re Licensing of Shearon Harris Nuclear Power Plant.* Requests NRC Refrain from Issuing Full Power OL Until Criteria Assuring Safe Operation Met.Certificate of Svc Encl ML20214A5171986-11-17017 November 1986 Response Opposing State of Nc Atty General 861028 Motion Re Applicant Request for Exemption from Portion of 10CFR50, App E & Part IV.F.1.Certificate of Svc Encl ML20197C8511986-11-0303 November 1986 Response to Atty General of State of Nc 861028 Motion to Dismiss,As Moot,Util 860304 Request for Exemption from 10CFR50,App E Requirement for Full Participation Exercise 1 Yr Prior to Full Power License.W/Certificate of Svc ML20215M2281986-10-28028 October 1986 Motion for Inquiry Into Feasibility of Applicant 860304 Request for Exemption from Requirement That full-scale Emergency Preparedness Exercise Be Conducted within 1 Yr Prior to Issuance of Ol.Certificate of Svc Encl ML20215G7061986-10-17017 October 1986 Response Opposing W Eddleman & Coalition for Alternatives to Shearon Harris 861006 Brief Requesting Hearing on Util Request for Exemption from Performing full-scale Emergency Exercise,Per Commission 860912 Order.W/Certificate of Svc ML20215J6121986-10-17017 October 1986 W Eddlemen & Coalition for Alternatives to Shearon Harris Petition,Per 10CFR2.206 to Revoke,Suspend or Modify Cp. Certificate of Svc Encl ML20203N9191986-10-14014 October 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Request for Hearing on Util Request for Exemption from Requirement to Conduct Full Participation Exercise.Certificate of Svc Encl ML20210V1571986-10-0606 October 1986 Answer in Opposition to Coalition for Alternatives to Shearon Harris,W Eddleman & Conservation Council of North Carolina 860915 Motion to Reopen Record.Related Info & Certificate of Svc Encl ML20210S9871986-10-0606 October 1986 Brief Opposing Applicant 860304 & 0710 Requests for Exemption from 10CFR50,App E Requirement to Conduct Full Participation Exercise of Emergency Mgt Plan within 1 Yr Prior to Operation.W/Certification of Svc ML20214S0831986-09-25025 September 1986 Applicant Answer Opposing 860915 Coalition for Alternatives to Shearon Harris (Cash) Motion to Reopen Record.Motion Opposed Since Cash Not Party in OL Proceeding.Certificate of Svc Encl ML20214R0531986-09-24024 September 1986 Response Opposing Eddleman/Coalition for Alternatives to Shearon Harris 860919 Request for Extension of Time to Respond to Commission 860912 Order.W/Certificate of Svc ML20214R3681986-09-23023 September 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman Request for 2-wk Extension to Respond to Commission 860912 Order Re Exemption from Requirements of 10CFR50,App E.W/Certificate of Svc ML20214Q9531986-09-19019 September 1986 Requests Extension of Time Until 2 Wks from 860929 Deadline to Respond to 860912 Order Requiring Analysis of 10CFR50.12 Specific Exemptions ML20210D9001986-09-15015 September 1986 Motion to Reopen Record,Per 10CFR2.734,asserting That Commission Unable to Determine Reasonableness of Assurance That Plant Can Operate W/O Endangering Public Health & Safety.Certificate of Svc & Insp Rept 50-400/85-48 Encl ML20203M0021986-08-28028 August 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Joint Petition for Hearing on Exemption Request Re Full Participation Emergency Preparedness Exercise.W/Certificate of Svc ML18004A4681986-08-15015 August 1986 Response to Coalition for Alternatives to Shearon Harris 860702 Show Cause Petition Re Emergency Planning Requirements,Filed Per 10CFR2.206.Petition Should Be Denied Due to Lack of Basis for Action.Certificate of Svc Encl ML20205F3591986-08-15015 August 1986 Response to Coalition for Alternatives to Shearon Harris 860702 2.206 Petition to Show Cause Re Emergency Planning Requirements,P Miriello Allegations & Welding Insps.Show Cause Order Unwarranted.W/Certificate of Svc ML20205F4131986-08-14014 August 1986 Answer Opposing Intervenor 860730 Petition for Review of Aslab 860711 Memorandum & Order Denying Two Requests for Relief.Petition Lacks Important Procedural Issue.Certificate of Svc Encl ML20205F2251986-08-14014 August 1986 Answer Opposing Coalition for Alternatives to Shearon Harris & W Eddleman 860730 Petition for Commission Review Per 10CFR2.786.W/Certificate of Svc ML20203K1511986-07-30030 July 1986 Petition for Commission Review of Aslab 860711 Memorandum & Order Denying Coalition for Alternative to Shearon Harris 860609 Petition to Intervene.Certificate of Svc & Svc List Encl ML20212A6071986-07-25025 July 1986 Response to ASLAP 860708 Order Requiring Licensee to Update Re Emergency Plan.Chatham County Resolution Does Not Resolve Issues Re Adequacy of Plan.Resolution False. Certificate of Svc Encl ML20207J8281986-07-24024 July 1986 Response Opposing W Eddleman 860403 Request for Hearing on Util Request for Exemption from Emergency Preparedness Exercise Requirement.W/Certificate of Svc ML20211Q5221986-07-23023 July 1986 Answer Opposing Coalition for Alternatives to Shearon Harris 860721 Motion for 10-day Extension to File Brief Supporting 860721 Notice of Appeal & Request for Review of Aslab 860711 Memorandum & Order.W/Certificate of Svc ML20207E4231986-07-18018 July 1986 Response to Aslab 860708 Order to File Update to Re Chatham County,Nc Rescission of Prior Approval of Emergency Response Plan.Chatham County Endorsed Plan on 860707.W/Certificate of Svc ML20199L1671986-07-0808 July 1986 Suppl to 860624 Response to Conservation Council of North Carolina & Eddleman Request to Continue Stay Indefinitely.On 860707,Chatham County Adopted Resolution Which Endorses Emergency Plan.W/Certificate of Svc ML18019B0891986-07-0202 July 1986 Petition Requesting Institution of Proceedings Per 10CFR2.206,requiring Util to Respond to Show Cause Order Due to Failure to Meet Required Stds in Areas of Emergency Planning,Plant Safety,Security & Personnel Stress ML20206R8691986-06-30030 June 1986 Response Opposing Coalition for Alternatives to Shearon Harris (Cash) 860609 Petition for Leave to Intervene.Any Cash Participation Would Cause Delay in Proceedings.Petition Should Be Rejected as Untimely Filed ML20206P6641986-06-25025 June 1986 Response to Coalition for Alternatives to Shearon Harris & W Eddleman 860428 Motion for Stay of Immediate Effectiveness of Final ASLB Decision.Motion Should Be Denied.Certificate of Svc Encl ML20206J3641986-06-24024 June 1986 Response Opposing Conservation Council of North Carolina & W Eddleman 860609 Motion to Stay All Power Operations Per ASLB 860428 Final Decision.Motion Fails to Show Single Significant Safety Issue.W/Certificate of Svc ML20206J2051986-06-24024 June 1986 Response to Intervenors Conservative Council of North Carolina & W Eddleman Request to Continue Stay Indefinitely. Certificate of Svc & Svc List Encl ML20211D8641986-06-0909 June 1986 Requests to Continue Temporary Automatic Stay of ASLB Authorization of Full Power Operations Indefinitely.Low Power Operations Should Be Stayed Until NRC Completes Immediate Effectiveness Review & Encl Comments Resolved ML20199E4441986-06-0909 June 1986 Request to Indefinitely Continue Temporary Automatic Stay as to ASLB Authorization of Full Power Operations Until Commission Resolves Issue Raised in Encl Comments on Immediate Effectiveness Review ML20205T4001986-06-0909 June 1986 Appeal from Final Licensing Board Decision to Grant Ol.Board Erred in Determining That Widespread Drug Abuse Had No Effect on Const,In Accepting Applicant Nighttime Alert & Notification Plans & in Rendering Final Decision 1999-07-21
[Table view] |
Text
, o TED ConmpoggQ, N
r 5/2/83 O\
- THE CONSERVATION COUNCIL OF NORTH AS ,
307 Granville Road, Chapel Hill, H.C. 27514 i k 7g j (919) 942 7935 or 9421080 (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) ',
9 #
.u , #
,-3 In the Matter of )
)
CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400-OL AND NC EAS"'ERN MUNICIPAL ) 401-OL POWER AGENCY )
)
(Shearon Harris Nuclear Power Plant, )
Units 1 & 2) )
CCNC ANSWER TO NRC "0-' ION TO CODiPEL RESPONSE "O DISCOVERY The Conservation Council feels it must respond to the NRC Staff's Motion to Compel CCNC to Respond to Discovery, dated A'p ril 20, 1983 It was our understanding at the February 24, 1983, prehearing conference, later confirmed by the Memo-randum and Order, dated March 10, 1983, that the Board specifically did not require briefs to be filed in motions to compel discovery.
l However, as the Staff has seen fit to do so in this instance, we exercise our right to answer so that our position becomes clear to the Staff and the Board before an Order is entered into.
Permission to answer the Staff'c motion was requested of Judge Kelley by telephone on April 26, 1983 Judge Kelley g therein directed that an answer be submitted by May 2, 1983 and ,
no gg respond briefly to the Staff's motion. We will also take the mn tv opportunity to change some of our positions in response to the 96 Board's mandate and therefore preclude the Board from the
?*
R8 m
~"
So 3
Page 2 necessity of ruling on all aspects of the Staff's motion. ;
Eackground and Necotiation On February 4,1983, the Staff served interrogatories on CCNC relating to CCNC Contentions 4, 12, and 14, along with a request for admission relating to the Applicants' ability to safely shut down the plant. A prehearing conference held on February 24 directed responses to all discovery to be made by March 10, which CCNC complied with. Charles Barth, Staff counsel, then called Mr. Runkle of CCNC on March 22 to discuss those responses which Mr. Barth determined inadequate. Mr. Barth was kind enough to put his views in writing in a letter dated March 23, reiterating his position and giving CCNC the opportunity to reconsider our responses to discovery.
Negotiation continued on April 11 when Mr. Barth again called Mr. Runkle. Excluding initial pleasantries, that phone call consisted of the following exchange Barth: What have you done about the letter I sent? Runkle: I am waiting for responses to my interrogatories to the Applicants. Barth: These things cannot wait forever. (based on notes taken immediately after).
The Staff then filed a Motion to Compel CCNC to Respond to Discovery, dated April 20, 1983 We note further that the I Staff has withdrawn several of his objections to our responses which he had stated in his March 23 letter. We will take the opportunity to reciprocate, particulary in our objection to Interrogatory 13 as we now know what the Staff is after.
i
Page 3 Discussion I. Interrogatory 13 (Contentions 4,12, 14)
CCNC objected to Staff's general interrogatory 13 which stated:
Provide the name, telephone number and address of each and every person who answered these inter-rogatories. Where more than one person contributed to an answer, identify all persons who contributed to the answer and indicate her or his contribution.
We based our objection that the information sought was the material prepared by our agents, therefore work-product and privileged.
Interrogatory is redundent when one looks at interrogatories 9 through 12 which ask fundamentally the same question. Our objection of work-product was based on the mistaken impression that the staff wanted the contributions, the internal memos and reports, which our agents prepared for us in anticipation of litigation. " Litigation" in the context of Federal Rule of Civil Procedure 24(b)(3) also includes the discovery process. The facts in the documents prepared for trial are the foundation for the other responses to the Staff's interrogatories as we stated in our respones to Staff's interrogatories 1 through 3 for each contention. We will continue to caintain that this material itself is not discoverable without the showing of " good cause" by either the Applicants or Staff because it includes mental impressions, conslusions, opinions, and the like. '
However, from reading the Motion to Compel on pages 6 and 7, especially at the top of page 7, which states:
r _. ,,,. . , , _ . _ , , _ _. m .- - - . _ . -- -m , - - . _ _
Page 4 We want it clearly established that the Staff general interrogatories 1-13 seek the identity of " persons" supporting the intervenors--whether they can qualify as experts is not now either known or at issue.
As long as interrogatory 13 is read to include only those persons who " support" our positions, we will attempt to answer have it. We however/not faced a situation such as Mr. Eddleman describes in his Answer to Applicants' Motion to Compel, dated April 25,1983, where persons provided information with the understanding that their names would not be revealed.
A broad reading of interrogatory 13 runs afoul of Rule 26(b)(4)(3) which protects the contributions of experts or other similar witnesses which a party does not expect to call as a witness at trial. This is done in order to protect a party because such an expert is likely to be adverse. This problem is adressed more fully in a recent memorandum and order, Public Service Comnany of New Hamushire (Seabrook), ASLEP 82 471-02-01, issued on March 24, 1983, and referred to by Mr. Eddleman in i his April 25, 1983, Answer to Applicants' Motion to Compel.
We mention this ruling at this point because the Staff's Motion to Compel in this instance addresses the Ager case, Ager v. Hosnital, l 662 F. 2d 496 (10 Cir., 1980), without giving its holding that l
"once the identities of retained or specially employed experts are disclosed, the protective provisions of the rule concerning
! facts known or opinions held by such experts are subverted." Id.
at 503. The Seabrook decision endorses this position.
Further, the Staff relies on the Susouahanna decision which allowed interrogatories fairly similar to those asked by the Staff.
Page 5 Susquehanna can not be read to say that general interrogatories must be answered even if there are legitimate objections to them.
If the Staff limits the scope of their question to those " persons" which we relied on to answer the interrogatories, then we will do so, even if it repeats our responses to the proceeding four interrogatories, as follows:
Interrogatory 13 (Contention 4)--No person supplied any of the information in the answers to these interrogatories. We will notify the Staff if and when we have enough information from the Applicants through discovery; at that point, we will have an expert to review the information and provide the analysis to answer the above questions fully.
Interrogatory 13 (Contention 12)--Dan Besse prepared a written report on the subject of the Jordan Dam Break which was used to answer interrogatories under Contention 12. His address and phone are given in response to Interrogatory 10 under this contention.
Interrogatory 13 (Contention 14)--Cecil Frost prepared a written report on the subject of Hydrilla which was used to answer interrogatories under Contention 14 His address and phone are given in response to Interrogatory 10 under this contention.
l
Page 6 II. Interrogatories 23, 24, 26, 28, 29 30, 33, 36, 37 (Contention 12)
Contention 12 states that the Applicant has not considered
- the effects of the Jordan Dam break, and that such a break potentially could have a severe adverse impact on the SENPP.
Our purpose for Contention 12 is to gather information from the Applicants through discovery in order to determine what those effects are. The Staff finds our delay until we have that information unacceptable.
The Staff finds our assertion that dams do not fail to be meaningless. We would like todraw an analogy of the " hypo-thetical" dambreak to the equally " hypothetical" earthquake.
Seismic analysis begins with the possibility that an earthquake may happen, especially if the plant is on a fault. Analogous is a large earthen dam sitting on a river upstream from the intake channel and cooling reservoir of the nuclear power plant.
Analysis is not made when and how the earthquake will occur but whether the plan can safely withstand the pressures an earthquake would create. It makes no difference how the dam will break (and hopefull it never will). Our assertion is that I the Applicant had better determine if their plant can withstand the flood.
It was extremely difficult for us to analyze the effects of the dambreak until the crucial information was received from the Applicants through discovery. We cannot take pressure readings over two years in each of the dan structures that the Applicants control. The Staff's insistence that their interroga-l l tories must be answered before we have necessary information to l
Page 7 .
make a detailed analysis is intolerable. Often intervenors must do the Applicants' job for them. Several of the interroga-tories the Staff submitted to CCNC could have generated much fuller data if those same interrogatories had been submitted to the Applicants.
At this point we must allow our responses to stand as we cannot provide responses to the Staff without reponses from the A pplicants .
III. Interrogatories 60 43 (Contention 14)
Again, we must again rely on our responses, many of which incorporate our responses to the Applicants by reference. It was our understanding from our March 22 phone call with Mr. Barth that incorporation of our responses to Applicants was acceptable to them. We therefore find their demand for "an answer, not a reference to someting else" on page 8, paragraph 1, of their motion to compel to be uncalled for. Regardless, if the Staff has as their main concern the identity of the intake valves in question, we will answer that as follows:
Interrogatorv 40--All of' the valves which either allow water from the reservoir into the plant itself or which touch that water are subject to clogging by hydrilla.
l The remainder of the interrogatories under this contention ,
i l are again in most part contingent upon responses given us by the Applicants. The Applicants should know the location, size, and water speed of these valves and the same interrogatories l .
l l
s Page 8 sent to us,1f sent to the Applicants would j reap a bigger harvest.
Further, the specifications of the valves are no doubt in the FSAR.
s IV. Oath The oath was included on page 15 of our response to the Staff, dated f.Carch 10, 1983 If the Staff did not receive that page I apologize and will send them a copy of that page immediately.
If possible I would like that oath to cover the responses to interrogatories which are included in this filing.
V. Request for Admission We find the Staff's position in regards to their request for admission to be over-extended. Their request for admission is on one of the issues we will litigate in this matter. We do not find the Staff's assertion that "(t)he Harris Westinghouse PdR units are so designed as to be able to be brought to cold shutdown without using the main condensers," (page 8, third paragraph) to be reassuring.
We could have denied the admission for various reasons--
the Jordan Dam break, hydrilla infestation, or the Applicants' general incompetence, for example--which could prevent cold shut-down. We did not do so until we have received responses from the Applicants to prevent the possibility of denying the statement and then reversing our position if our later analysis proved our initial position to be false.
Nowhere in the regulations does it state that from the moment a contention is initially submitted the intervenor's whole case l
l
Page 9 must be in final form, ready for the hearing. The Staff's insistence that we are derelict in our obligation if we do not have our full case prepared now, at least eight months before the first hearing, is regrettable.
Conclusion We are willing to negotiate and certainly will share the responsibility for the failure of this round of negotiations to be resolved. We will not be able to answer all of the Staff's interrogatories and requests for admission until we manage to get information we need from the Applicants.
Respectfully submitted, John Runkle Attorney-at-Law Conservation Council of NC May 2, 1983 Attachment--Service List 0
. . o CERTIFICATE OF SERVICE I hereby certify that copies of this filing were served this- 2^d day of diAy , 1982,bydepositintheU.S.
mail, first class, postage prepaid, or by hand-delivery, to
. the following:
James L. Kelley Ruthanne G. Miller Atomic Safety and Licensing Board Atomic Safety and Licensing US Nuclear Regulatory Cormdssion Board Panel ishington, D.C. 20555 US Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Glenn O. Bright same address Dr. Phyllis Lotchin
- 108 Bridle Run Dr. James H. Carpenter Chapel Hill, NC 27514 same address Karen E. Long, Esq.
Charles A. Barth.
Office of Executive legal Director Public Staff, Utility Commission PO Box 991 US Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D.C. 20555 Bradley W. Jones, Esq.
Docketing and Service Section -
US-NRC, Region II Office of the Secretary 101 Marrietta Street US Nuclear Regulatory Concission Atlanta, GA 30303 Washington, D.C. 20555 Daniel F. Read Richard E. Jones Chapel Hill Anti-Nuclear Group Vice President and Senior Counsel Carolina Power & Light Company FC Box 524 Chapel Hill, NC 2751h PO Box 1551 Raleigh, NC 27602 M. Travis Payne George F. Trowbridge Edelstein and Payne ,
Shaw, Pittman, Potts & Crowbridge OC tox 12643 1800 M Street, N.W.
Raleigh, NC 27605 .
Washington, D.C . 2003a.
Dr. Richard D. Wilson 729 Hunter Street l
Apex, NC 27502 i
! Wells Eddleman J6Kn Runkle, J.D.
718-A Iredell Street Conservation Council of North Durham, NC 27705 Carolina
, Patricia and Slater Newman Citizens Against Nuclear Power f
2309,Weymouth Court Raleign, NC 27612 gggg An5yge b %h l
600tifh YD (e!nft 63 C es R d Efoh16hd)>UOV4V[
Raleigh, NC 27606 l
(