ML20077G597

Objections to Certain Air & Water Pollution Patrol 830712 Second Set of Interrogatories.Some Interrogatories Are Beyond Scope of Contention V-4 or Require Extensive Research for Response.Certificate of Svc Encl

ML20077G597
Person / Time
Site:	Limerick
Issue date:	08/01/1983
From:	Wetterhahn M PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	AIR AND WATER POLLUTION PATROL
Shared Package
ML20077G590	List: ML20077G588 ML20077G597
References
NUDOCS 8308040352
Download: ML20077G597 (5)

Text

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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atom'ic Safety and Licensing Board i In the Matter of F

)

Philadelphia Electric Company , ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S-CEJECTIONS TO CERTAIN OF INTERVENOR AIR AND WATER POLLUTION PATROL'S SECOND SET OF INTERROGATORIES Preliminary Statement On July 12, 1983, Frank Romano, Chairman, Air and Water Polluti'on Patrol ("Intervenor"), served a second set of interrogatorias upon Philadelphia Electric Company ("Appli-cant") purporting to relate to the subject matter in Con-tention V-4. Applicant objects to a number of the interrogatories as bMyond the scope of the contention or as requiring extensi've research to respond.

The scope of discovery in Nuclear Regulatory Commission

("NRC") proceedings is limited "to those matters in contro-versy which have been identified by the Commission or the presiding officer' in the prehearing order entered at the conclusion of that prehearing conference." 10 C.F.R.

52.740 (b) (1) . Contentions are used to frame issues under NRC practice, which is similar to the use of pleadings in judicial proceedings. Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 and 2) ,

m 8308040352 830801

,gCRADOCK 05000352 pg

LBP-81-25, 14 NRC 241, 243 (1981). Interrogatories are objectionable when they do not relate to matters in contro-versy which have been raised in admitted contentions.

Commonwealth Edison Company (Byron Station, Units 1 and 2)

Docket Nos. 50-454-OL and 50-455-OL, " Protective Order" (February 22, 1982). This point was emphasized in the Susquehanna proceeding where the Appeal Board noted that i discovery is limited to those matters alleged in the plead-ings or which ,is reasonably calculated to reveal such matters. Pennsylvania Power and Light Company (Susquehanna Steam Electric Station, Units 1 and 2) , ALAB-613, 12 NRC 317, 331 (1980).

Interrogatories p, q (in part) and u exceed the scope of the admitted contentions and cannot be said to be

" reasonably calculated" to lead to admissible evidence concerning aircraft carburetor icing. Thus, Interrogatories p, q (to the extent it inquires as to wind shear) and u are objectionable and no response should be required.

The Licensing Board's Memorandum and Order Confirming Schedules Establi+Med During Prehearing Conference (May 16, 1983) requisia ' ,t the parties must include in objections to discovery a statement that~a discussion with the moving party had taken place and the specific reasons _why it was impossible for the parties to reach a fair accommodation as a practical matter even where ,they hold divergent legal

. views. Undersigned counsel for Applicant contacted Intervenor' Romano and discussed- these. objections. The I

parties were unable to reach any accomodation. Despite the fact that the Board specifically rejected the question of turbulence resulting from cooling towers as a contention, Intervenor believes that wind shear should be examined in the proceeding.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

^

1 Mark J. L)tterhahn Ne Counsel for the Applicant August 1, 1983 E  !

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Objections to Certain of Intervenor Air and Water Pollution Patrol's Second Set of Interrogatories" and " Motion for Extension of Time to Serve Subpoenas," dated August 1, 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 1st day of August, 1983:

Judge Lawrence Brenner (2) Docketing and Service Section Atomic Safety and L&:ensing Office of the Secretary Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Judge Richard F. Cole Elaine I. Chan, Esq.

Atomic Safety and Licensing Counsel for NRC Staff Board Office of.the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.- 20555 Washington, D.C. 20555 Atomic Safety and Licensing- Philadelphia Electric Company Appeal Panel' ATTN: Edward G. Bauer, Jr.

U.S. Nuclear Regulatory Vice President &

Commission General Counsel Washington, D.C. 20555 2301 Market Street Philadelphia, PA 19101 l

e

Mr. Frank R. Romano David Wersan, Esq. Consumer 61 Forest Avenue Assistant Advocate l Ambler, Pennsylvania 19002 Office of Consumer Advocate )

1425 Strawberry Square 1 Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth of the Delaware Valley Steven P. Hershey, Esq.

P. O. Box 186 Community Legal 103 Vernon Lane Services, Inc.

Moylan, Pennsylvania 19065 Law Center North Central Beury Bldg.

Mr. Marvin I. Lewis 3701 North Broad Street 6504 Bradford Terrace Philadelphia, PA 19140 Philadelphia, PA 19149 Angus Love, Esq.

Judith A. Dorsey, Esq. 101 East Main Street 1315 Walnut Street Norristown, PA 19401 Suite 1632 Philadelphia, PA 19107 Mr. Joseph H. White, III 8 North Warner Avenue Charles W. Elliott, Esq. Bryn Mawr, PA 19010 Brose and Postwistilo 1101 Building Robert J. Sugarman, Esq.

lith & Northampton Streets Sugarman & Denworth Suite Easton, PA 18042 510 North American Building 121 South Broad Street Jacqueline I. Ruttenberg Philadelphia, PA 19107 Keysteon Alliance 3700 Chestnut Street Director, Pennsylvania Philadelphia, PA 19104 Emergency Management Agency Basement, Transportation Thomas Y. Au, Esq. and Safety Building Assistant Counsel Harrisburg, PA 17120 Commonwealth of Pennsylvania DER Martha W. Bush, Esq.

505 Executive House P.O. Box Kathryn S. Lewis, Esq.

2357 Harrisburg, PA 17120 City of Philadelphia Municipal Services Bldg.

Thomas Gerusky, Director 15th and JFK Blvd.

Bureau of Radiation Philadelphia, PA 19107 l Protection j Department of Environmental Spence W. Perry, Esq.

! Resources Associate General Counsel l 5th Floor, Fulton Bank Bldg. Federal Emergency Third and Locust Streets Management Agency l

Harrisburg, PA 17120 500 C Street, S.W., Rm. 840 Washington, DC 20472

~

Robert M. RKder

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