ML20076G908

Supplemental Response to Request for Production of Documents.Certificate of Svc Encl

ML20076G908
Person / Time
Site:	Diablo Canyon
Issue date:	08/27/1983
From:	Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON
To:	PACIFIC GAS & ELECTRIC CO.
Shared Package
ML20076G906	List: ML20076G903 ML20076G908
References
ISSUANCES-OL, NUDOCS 8309010185
Download: ML20076G908 (13)

Text

-

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-2"5 O.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) ) (Reopened Eearing --

) Design Quality

) Assurance)

JOINT INTERVENORS' SUPPLEMENTAL RESPONSE TO PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to the August 16, 1983 Order of this Appeal Board, the Joint Intervenors hereby submit their supplemental response to Pacific Gas and Electric Company's ("PGandE") First Request for Production of Documents.

Response to Request No. 2:

As granted by the Appeal Board, the first part of this request calls for "all documents relating to Diablo Canyon design quality assurance prepared by PGandE, the IDVP, or the 1

NRC, having comments, notes, or the like on them . . . ." As such, it apparently covers the entire history of the Diablo Canyon project and every document regarding design ever issued j by the NRC or PGandE and commented upon by the Joint Intervenors, including any pleadings or filings with the licensing boards. A specific index of all such documents simply

(

0 0$00$$hg PDR

cannot be completed within the time frame ordered by the Board.

However, in an attempt to comply to the maximum reasonable extent, the Joint Intervenors provide the following index for documents falling within both parts one and two of the request:

A copy of a letter dated November 24, 1981 from F.C. Baily, Teledyne, to George Maneatis, PGandE, with comment by Sandra Silver (Joint Intervenors ("J.I.")).

A meeting transcript prepared by the NRC dated January 13, 1983 with comment by Joel Reynolds.

An interagency NRC memo dated February 4, 1983 containing meeting notes with comment by Joel Reynolds.

A meeting report dated October 7, 1982 prepared by Teledyne Corporation with comment by Joel Reynolds.

Meeting transcript dated March 25, 1982 prepared by the NRC with comment by Joel Reynolds.

Meeting transcript dated October 22, 1982 prepared by the NRC with comment by Joel Reynolds.

Meeting agenda dated August 26, 1982 with comment by Joel Reynolds.

Memo dated June 27, 1983 from Skip Cornish to all field engineering personnel with comment by Nancy Culver (J.I.).

Meeting presentation report dated January 7, 1983 prepared by the NRC with comment by Joel Reynolds. .

Meeting transcript dated May 21, 1983 prepared by the NRC with comments by Joel Reynolds.

Three semi-monthly reports, dated January 1, 1982, January 28, 1983 and March 11, 1983, prepared by the Teledyne Corporation with comment by Joel Reynolds.

l An NRC memo, dated May 16, 1983, from Pao-Tsin Kuo to George Lear with comment by Joel Reynolds.

An NRC memo, dated May 13, 1983, from Pao-Tsin Kuo to l George Lear with comment by Joel Reynolds, i

l

! An NRC memo, dated October 6, 1982, from Darrell Eisenhut to Cemmission members with comment by Joel Reynolds.

An NRC memo, dated February 14, 1983, from Frank Cherny to Rccert Bosnak, Department of Engineering, with comment by l

l Jcel Reynolds.

A copy of a transcript of the interview given by Virgil H.

Tennyson with comment by Joel Reynolds.

Meeting transcript dated July 14, 1983 prepared by the NRC with comment by Joel Reynolds.

Meeting transcript dated September 1, 1982 prepared by the NRC with comment by Joel Reynolds.

NRC Staf f SER Supp.18 (August 6, 1983) with comments by Joel Reynolds.

See Conclusion infra.

RESPONSE TO REQUEST NO. 3:

As granted by the Appeal Board, the request calls for "all documents relating to Diablo Canyon design or design quality assurance . . . which have been prepared or reviewed by or for you." This request, which is also unlimited in time, sweeps within its scope every document, including any pleadings, newspaper articles, phone or meeting notes, ever reviewed or prepared by the Joint Intervenors with regard to Diablo Canyon i

I design since the inception of the project. To the extent that a list of all daily phone conversation and meeting notes of the Joint Intervenors or their counsel could arguably fall within the request, the Joint Intervenors reassert the work-product 1

immunity and attorney-client privilege as to all of them. A i

detailed, individualized list covering such notes throughout the history of the project is simply not possible to prepare, nor is l PGandE entitled to the production of such notes as a matter of i

law. However, in an effort to comply to the fullest reasonable extent, the Joint Intervenors provide the followin'g index of i documents covered by the request:

i i

A copy of a letter dated March 17, 1983 to the editor of l the San Luis Obispo Telegram-Tribune from David George, I

Department of Political Science, California Polytechnic

! University at San Luis Obispo, with comment by Sandra Silver (J . I . ) .

i j A copy of a form letter dated March 3, 1983 from Morris Udall to " Friend" with comment by Sandra Silver (J . I . ) .

A copy of a letter dated January 11, 1983 from Morris Udall

, to Nunzio Palladino, NRC, with comment by Sandra Silver

(J . I . ) ,

i I

i A copy of a letter dated January 3, 1983 from Sandra Silver to Morris Udall with comment by Sandra Silver (J . I . ) .

Three copies of the draf t Stipulation and Settlement re the IDVP dated March 25, 1982 with comment by Joel Reynolds.

A copy of a letter dated February 14, 1983 from Martin Polin, a San Luis Obispo attorney, to Congressman Panetta with comment by Sandra Silver (J . I . ) .

Two copies of the transcript of the Virgil H. Tennyson and Richard E. Roam statements, each with comment by Joel Reynolds.

Presentation materials distributed at September 1, 1982 meeting with comment by Joel Reynolds.

i Letter dated June 2, 7, 8, 9, 30 from Sandra Silver (J . I . )

to Joel Reynolds regarding Diablo Canyon design.

Two letters dated July 8, 1982 from David Fleischaker to

, Mihailo Trifunac, University of Southern California, and i

Enrique Lucc. ....versity of California at San Diego, regarding BNL review.

Letter, dated December 23, 1981, from Dan Hirsch to Richard l Hubbard commenting on the 1977 GAO report.

i Letter dated June 15, 1983 from David Fleischaker to Jose

, Roesset regarding anonymous allegations.

t See Conclusion infra.

f j RESPONSE TO REQUEST NOS. 6-7:

, Typed meeting notes dated February 3, 1982 prepared by Richard Hubbard with comment by Joel Reynolds.

N Meeting notes dated March 31, 1983 and cover letter dated March 29, 1983 from Lynn Danielson to Mike Strumwasser with j comment by Lynn Danielson.

5 Meeting presentation report dated September 9, 1982 prepared by Richard Hubbard with comment by Joel Reynolds.

A copy of a letter dated March 21, 1983 from Mike Strumwasser to Richard Hubbard with comment by Richard Hubbard.

i l Copy of a cover letter and meeting notes dated April 21, 1983 from Lynn Danielson to Michael Strumwasser with comment by Richard Hubbard.

Letter dated October 4, 1982 from Jose Roesset to Dynner, Kirkpatrick, Lockhart, et al. (regarding RLCA letter on the auxiliary building).

Typed meeting notes dated June 27, 1983 from Curran Roller.

l l

L

-mm---v-= - > - - e, --www.p%.-ew-m * . - - - - ..wy-,.-,,,y,,y+,

- - - - - - -,w 9m---.,w . t---& -

.-e.-mi.-,,.-g.mg- --'

-=ma -*T-* ' '"'M$-r-"i'~M----~^t=?~-'

. . . . . _ _ _ _ . _ = - - . - = -- .-

Typed meeting notes dated May 15, 1982 prepared by Richard Hubbard.

Typed meeting notes dated March 21, 1983 prepared by Curran Roller.

Typed meeting notes dated October 7, 1982 prepared by Curran Roller.

Typed meeting notes dated August 26, 1982 prepared by Currar, Roller.

Letter dated October 26, 1981 from Richard Hubbard to Joel Reynolds attached to draft outline for an independent quality assurance audit.

{ Letter dated December 18, 1981 from Richard Hubbard to Lawrence Lanpher.

Cover letter dated January 29, 1982 from Richard Hubbard to Lawrence Lanpher enclosing meeting notes by Dale Bridenbaugh, Curran Roller, and Richard Hubbard for the January 22, 23, 26 and 28 meetings.

4 Cover letter dated October 30, 1981 from Richard Hubbard to Lawrence Lanpher enclosing meetings notes for October 15 through October 23.

4

Typed meeting notes dated November 3, 1981 prepared by Richard Hubbard.

Cover letter and meeting notes dated February 5, 1982 from Richard Hubbard to Joel Reynolds.

Cover letter and meeting notes dated October 27, 1982 from Curran Roller to Joel Reynolds.

Typed meeting notes dated June 8, 1983 prepared by Curran Roller.

Typed meeting notes dated September 1, 1982 prepared by Richard Hubbard.

l CONCLUSION The Joint Intervenors reassert their objections previously stated in their initial response and response to PGandE's motion to compel. Pursuant to the Board's order, l however, the foregoing additional information is provided. At 1

the present time, the undersigned counsel is unaware of further relevant documents an index of which is called for by the Board's August 16, 1983 order. To the extent that any other potentially privileged documents are discovered after the date hereof, the Joint Intervenors will supplement the lists l provided.

l 1

l

The remaining documents covered by the virtually limitless requests consist almost entirely of IDVP, NRC, and PGandE/DCP reports, as well as newspaper articles and pleadings filed in this proceeding. All of such documents are certainly in PGandE's possession, and hence no purpose would be served by permitting the type of burdensome, pointless, and irrelevant discovery embodied in Requests 2 and 3 without some showing by PGandE of a legitimate need to do so. No such showing has been made.

DATED: August 27, 1983 Respectfully submitted, JOEL R. REYNOLDS, ESQ.

JOHN R. PHILLIPS, ESQ.

ERIC HAVIAN, ESQ.

Center for Law in the Public Interest 10951 W. Pico Boulevard Los Angeles, CA 90064 (213)470-3000 DAVID S. FLEISCHAKER, ESQ.

P. O. Box 1178 Oklahoma City, OK 73101 s

O By

/JOEL REYNg%DS Attorneys for Joint Intervenors SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION CONFERENCE, INC.

ECOLOGY ACTION CLUB SANDRA SILVER ELIZABETH APFELBERG JOHN J. FORSTER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I hereby certify that on this 27th day of August, 1983, I have served copies of the foregoing JOINT INTERVENORS' MOTION FOR ONE-DAY EXTENSION OF TIME TO FILE SUPPLEMENTAL RESPONSE TO PACIFIC GAS AND ELECTRIC COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, DECLARATION OF JOEL R. REYNOLDS, and JOINT INTERVENORS' SUPPLEMENTAL RESPONSE TO PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR PRODUCTION OF DOCUMENTS , mailing them through the U.S. mails, first class, postage prepaid.

• Thomas S. Moore, Chairman Atomic Safety & Licensing Appeal Board Mr. Fredrick Eissler U.S. Nuclear Regulatory Scenic Shoreline Preservation Commission Conference, Inc.

Washington, D.C. 20555 4623 More Mesa Drive Santa Barbara, CA 93105

• Dr. W. Reed Johnson Atomic Safety & Licensing *Malcolm H. Furbush, Esq.

Appeal Board Vice President & General U.S. Nuclear Regulatory Counsel Commission Philip A. Crane, Esq.

Washington, D.C. 20555 Pacific Gas & Electric Company 77 Beale Street, Room 3135

• Dr. John H. Buck San Francisco, CA 94106 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

l Docket and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lawrence Chandler, Esq.

Office of the Executive Legal Director - BETH 042 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Janice E. Kerr, Esq.

Lawrence Q. Garcia, Esq.

J. Calvin Simpson, Esq.

California Public Utilities Commission 5246 McAllister Street San Francisco, CA 94102 John Van de Kamp, Attorney General Andrea Sheridan Ordin, Chief Attorney General Michael J. Strumwasser, Special Counsel to the Attorney General State of California 3580 Wilshire Boulevard, Suite 800 Los Angeles, CA 90010 David S. Fleischaker, Esq.

Post Office Box 1178 Oklahoma City, OK 73101 Richard Hubbard MHB Technical Associates 1723 Hamilton Avenue, Suite K San Jose, CA 95725 Arthur C. Gehr, Esq.

Snell & Wilmer 3100 Valley Center Phoenix, AZ 85073

• Bruce Norton, Esq.

Norton, Burke, Berry & French, P.C.

2002 E. Osborn Phoenix, AZ 85016 Maurice Axelrad, Esq.

Lowenstein, Newman, Reis & Axelrad, P.C.

1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Virginia and Gordon Bruno Pecho Ranch Post Office Box 6289 Los Osos, CA 93402

1 Sandra and Gordon Silver 1760 Alisal Street San Luis Obispo, CA 93401 Nancy Culver 192 Luneta San Luis Obispo, CA 93402 Carl Neiburger Telegram Tribune Post Office Box 112 San Luis Obispo, CA 93402 Betsy Umhoffer 1493 Southwood San Luis Obispo, CA 93401 h

AMANDA VARONA

• Second Copy Delivered via Express Mail on August 29, 1983