ML20076L208

Memorandum in Support of Motion to Compel Responses to Second Set of Interrogatories 2-4,7 & 9.Objections Are Overbroad.Confidentiality Waived Re Fog Model Since Model Used in Proceeding.Certificate of Svc Encl

ML20076L208
Person / Time
Site:	Palo Verde
Issue date:	07/15/1983
From:	Berlin K BERLIN, ROISMAN, KESSLER & CASHDAN, WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20076L197	List: ML20076L196 ML20076L208
References
NUDOCS 8307190081
Download: ML20076L208 (5)

Text

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

)

In the Matter of )

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ARIZONA PUBLIC SERVICE COMPANY,) Docket Nos. STN 50-529 et al. ) STN 50-530

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(Palo Verde Nuclear Generating )

Station, Unites 2 and 3) )

)

WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.'S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL RESPONSES TO INTERROGATORIES Joint Applicants have objected to five interrogatories on the ground of privilege and to one interrogatory on the ground that it is irrelevant and burdensome. Neither of these objections is compelling and Joint Applicants should be ordered to respond.to ,

the questions in the manner suggested in this memorandum:

The Privilege Objection Joint Applicants have objected to Interrogatories Nos. 2, 3, 4, 7 and'9 of West Valley's Second Set of Interrogatories (Interrogatories) on the ground that answers to certain questions propounded ~-in:these Interrogatories would require identification of documents and correspondence subject to the attorney work product and/or the attorney client-privilege. Each of these ob-I jections is to the same type of question: a request that Joint 8307190001 830715 PDR ADOCK 05000529 4

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Applicants identify documents prepared subsequent to the filing of the petition, including documents relating to:

a) cooling tower, spray pond and evaporation pond salt emissions (Interrogatories Nos. 2, 3 and 4 respectively);

b) salt drift deposition patters (Interrogatory No. 7); and c) the effect of salt drift on corps (Interrogatory No. 9).

The overbroad nature of this objection can best be seen in the context of Interrogatory No. 9 which seeks reports relating to the effects of salt on crops. Under that objection, Joint Applicant would not have to produce the crop study now being preapred by the University of Arizona even though that crop study is recognized by Joint Applicant and in the discovery schedule as a critical document in this proceeding. All other studies, reports, etc. prepared since the filing of this petition would be withheld by Joint applicants under this objection.

Thus, the objection encompasses documents that clearly should be produced. petitioner concedes, however, that some docu-ments written since the filing of the petition may be subject to the attorney client privilege or work product doctrine. To solve issues of privilege in this context, we request that the Board order the Joint Applicants to identify each document they are withholding by author and date and that they include a summary of the subject matter of the document. At that point, Petitioner can review their objection and file a supplemental motion to require either production of documents or in camera review of

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i the document by'the Board. In the alternative, Petitioner requests ;

that Joint Applicants be compelled to produce all documents requested in-the Interrogatories.

Interrogatory No.'8 Joint Applicant also objected to Interrogatory No. 8 in which Petitioner asks Joint Applicants to identify all documents concerning application of the " FOG" model to power plants other than the Palo Verde Nuclear Generating Station. The FOG model is the model used by Joint Applicants' contractor, NUS, to describe salt drift deposition patterns. It is Petitioner's contention that this model is both defective and that it cannot be used in the climatic conditions surrounding the Palo Verde Nuclear Generating Station. There is no more relevant question to resolving these contentions than one relating to how the model has been_used in other situations. _Therefore, Joint Applicants' response is frivolous when it alleges that this Interrogatory is irrelevant.

Finally,ft'o the extent that they argue that NUS' information is proprietary, they have waived any confidentiality relating to that model by utilizing it in this proceeding.

Conclusion For the foregoing reasons, Petitioner's motion should be granted.

Kenneth Berlin Attorney-at Law 2550 M Street, N.W.

.W ashington,.D.C. 20037 Dated: July 15, 1983 (202) 429-8501

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

)'

ARIZONA PUBLIC SERVICE COMPANY, ) Docket Nos. STN 50-529 et al. ) STN 50-530

)

(Palo. Verde Nuclear Generating )

Station, Units 2 and 3) )

)

CERTIFICATE OF SERIVCE I hereby certify that copies of the foregoing Motion to Compel Responses to Interrogatories and Memorandum in Support thereof have been served upon the following noted persons by deposit in the United States mail, properly addressed and with postage prepaid:

Robert M. Lazo, Esq., Chairman Warren Platt, Esquire Administrative Judge Snell & Wilmer Atomic Safety & Licensing Board 3100 Valley Bank Center U.S. Nuclear Regulatory Comm. Phoenix, Arizona 85073

-Washington, D.C. 20555 Docketing and Service Section Dr.' Richard F. Cole Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Comm.

Atomic Safety & Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Lynne Bernabei, Esquire The Institute for Policy Studies

-Dr. Dixon Callihan 1901 Q Street, N.W.

' Administrative Judge Washington, D.C. 20009 Union Carbide Corporation P. O. Box Y Oak Ridge, Tennessee- 37830

Rank-L. Greenfield Edwin J. Reis, Esquire Assistant Attorney General Office of-the Exec. Legal Dir.

Sante Fe, New Mexico 87504-1508 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Arthur Gehr, Esquire Snell & Wilmer Lee Scott Dewey, Esquire 3100 Valley Bank Center Office of the Exec. Legal Dir.

Phoenix, Arizona 85073 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Date j /T/- /VD df/

( Geri L. Kelly' Secretary to:

Kenneth Berlin Attorney at Law Suite 500 2550 M Street, N.W.

- Washington, D.C. 20037 (202) 429-8501 Attorney for Intervenor West Valley. Agricultural Protection Council, Inc.

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