ML20077H717

Answer to Third Set of Interrogatories & Interrogatories on Contentions 75 & 83/84.Certification of Counsel Encl.Related Correspondence

ML20077H717
Person / Time
Site:	Harris
Issue date:	08/05/1983
From:	Carrow H CAROLINA POWER & LIGHT CO.
To:	Eddleman W EDDLEMAN, W.
Shared Package
ML20077H718	List: ML20077H717 ML20077H723
References
ISSUANCES-OL, NUDOCS 8308110239
Download: ML20077H717 (17)

Text

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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 8Ectur.o ' \.

$q BEFORE THE ATOMIC SAFETY AND LICENSING BOAli E 8 1983 >

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• Eay?airce n w In the Matter of ) 4 /

CAROLINA POWER & LIGHT COMPANY ) ,

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL

MUNICIPAL POWER AGENCY )- 50-401 OL

) ..

(Shearon Harris Nuclear Power Plant, )

Units 1 & 2) )

APPLICAN'IS' ANSWERS TO WELLS EDDLEMAN'S GENERAL INTERROGATORIES AND INTERROGATORIES ON CONTENTIONS 75 AND 83/84 TO APPLICAN'IS CAROLINA POWER & LIGHT COMPANY ET AL. (THIRD SET)

GENERAL INTERROGATORIES Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency, pursuant to 10 C.F.R. S 2.740b, hereby submit the following responses to

" Wells Eddleman's General Interrogatories on Contentions 75 and 83/84 to Applicants 1

Carolina Power /c Light Company,g al. (Third Set)." The provision of answers to these interrogatories is not to be deemed a representation that Applicants consider the -

d inf ormation sought to be relevant to the issues to be heard in this proceeding.

j INTERROGATORY NO. G1 (a) Which contentions of Wells Eddleman do Applicants agree are now admitted in this proceeding, NRC Dockets 50-400/401 O.L.?

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(b) for each such contention, provide for any answers to interrogatories by Wells Eddleman which Applicants have previously or presently received (except those suspended by Board order, if any), the following information:

(c) Please state the name, present or last known address, and present or last known employer of each person whom Applicants believe or know (1) has first-hand knowledge l of the facts alleged in each such answer; or (2) upon whom Applicants relied (other than '

i their attorneys) in making such answer.

(d) please identify all facts concerning which each such person identified in response to Gl(c)(1) above has first-hand knowledge. j 8000110239 030805 i PDR ADOCK 05000400 O PDR l

. _ . B S O R_

(e) please identify all facts and/or documents upon which each person identified in response to Gl(cX2) above relied in providing information to respond to the interrogatory, including the parts of such documents relied upon.

(f) Please identify any other document (s) used or relied upon by Applicants in responding to the interrogatory.

(g) Please state which specific fact each document, identified in response to Gl(e) and Gl(f) above, supports, in the opinion or belief of Applicants, or which Applicants allege such document supports.

(h) Please state specifically what information each person identified in response to Gl(cX1) or Gl(cX2) above provided to or for Applicants' affiant in answering the interrogatory. If any of this information is not documented, please identify it as

" undocumented"in responding to this section of GeneralInterrogatory Gl.

ANSWER.

(a). The contentions of Intervenor Eddleman which are admitted in this proceeding are set forth in Applicants' " Admitted Contentions" dated January 21,1983, as modified by the Board's " Memorandum and Order (Ruling on Cost Savings Contentions, Discovery Disputes, and Scheduling Matters)," dated May 27,1983.

(b). The answers to General Interrogatories herein are restricted to the interrogatories set forth in Wells Eddleman's " Third Set" of interrogatories on 1

Contentions 75 and 83/84.

(c). The following list identifies those persons who provided information upon which Applicants relied in answering the interrogatories on Eddleman Contention Nos. 75 and 83/84 and indicates the particular interrogatory answer (s) for which each such person provided information.

PERSON INTERROGATORY NO(S).

William T. Hogarth 75-6, 75-7, 75-8, 83/84-8, 83/84(9)

. Richard C. Yates 75-7, 75-8, 83/84-8, 83/84(9)

Ronald S. Hobbs 75-7, 75-8 Phillip B. Summers 75-7, 75-8, 83/84-8, 83/84(9)

Carol Love 75-7, 75-8, 83/84-8, 83/84(9)

Thad Bowling 75-6 Dr. Ilogarth, Messrs. Yates, Hobbs, and Summers, and Ms. Love are employed by Carolina Power & Light Company, Shearon Harris Energy and Environmental Center, Route 1, Box i

, , . , ,.- _ - _ , - . . ~ , . , , . _ ._ y ,-.

i 327, New I1111, North Carolina 27562. Mr. Bowling is employed by Carolina Power &

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l Light Company, Brunswick Steam Electric Plant, Post Office Box 10429, Southport, North Carolina 28461.

(d). See Answer Gl(c).

(e). All such facts or documents relied upon by those individuals identified above are indicated within each response to the specific interrogatories on the contentions. -

(f). See Answer Gl(e). *

(g). Applicants have indicated which specific facts are supported by the documents identified, within each response to the specific interrogatories on the contentions. -

(h). See -Answer Gl(c).

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INTERROGATORY NO. G2(a) Please state the name, present or last know'n address, title (if any), and present or last known employer, and economic interest (shareholder, bondholder, contractor, employee, etc.) if any (beyond expert or other witness fees) such person holds in Applicants or any of them, for each person you intend or expect to call as an expert witness or a witness in this proceeding, if such information has not previously been supplied, or has changed since such information was last supplied,to Wells Eddleman. This applies to Eddleman and Joint Contentions as admitted,or stipulated by Applicants.

(b) Please identify each contention regarding which each such person is expected to testify.

(c) Please state when you first contacted each such person with regard to the possibility of such person's testifying for Applicants, if you have contacted such person.

(d) Please state the subject matter, separately for each contention as to which each such person is expected to testify, which each such person is expected to testify to.

(e) Please identify all documents or parts thereof upon which each such witness is expected to, plans to, or will rely, in testifying or in preparing testimony.

ANSWER.

. (a). The Applicants do not know at this time which, if any, expert or other 1

) witnesses they expect to call in this proceeding. When and if Applicants identify such witnesses, Applicants will supplement this response in a timely manner.

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(b). See Answer G2(a).

(c). See Answer G2(a).

(d). See Answer G2(a).

(e). See Answer G2(a).

INTERROGATORY NO. G3(a) Please identify any other source (s) of information which Applicants have used to respond to any interrogatory identified under G1 above, stating for each such source the interrogatory to which it relates, and what information it provides, and identifying where in such source that information is to be found.

(b) Please identify any other source (s)of information not previously identified upon which any witness identified under G2 above, or other witness, has used in preparing-

, testimony or exhibits, or expects to use in testimony or exhibits, identifying for each such source the witness who is expected to use it, and the part or part(s) of such source (if applicable) which are expected to be used, and, if not previously stated, the fact (s) or subject matter (or both) to which such source relates.

ANSWER.

(a). Applicants have identified all such other sources of information, if any, within each response to the specific interrogatories set forth herein.

(b). See Answer G2(a).

INTERROGATORY NO. G4(a) please identify all documents, and which pages or sections thereof Applicants intend or expect to use in cross-examination of any witness I call in this hearing. For each such witness, please provide on a timely basis (ASAP near or during hearings) a list of all such documents, the subject matter Applicants believe they relate to, and make the document (s) available for inspection and copying as soon as possible after Applicants decide or form intent to use such document in cross-examination.

(b) please identify any undocumented information Applicants intend to use in cross i

examination of each such witness for me.

ANSWER.

(a). Applicants have not at this time identified which documents,if any, they l , intend to use in cross-examin.stion of Mr. Eddleman's witnesses.

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-(b). See Answer G4(a) above.

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INTERROGATORY NO. G5 (a) for each contention Applicants state or admit is an admitted Eddleman contention under Gl(a) above, or an admitted joint intervenor contention, please state whether Applicants have available to them experts and information, on the subject matter of the contention.

(b) If the answer to (a) above is other than affirmative, state whether Applicants expect to be able to obtain expertise in the subject matter, and information on it, and if not, why not.

ANSWER.

(a). Applicants have available to them experts and information on the subject matter of each contention referred to herein.

(b). Not applicable.

INTERROGATORY NO. G6(a) for each document identified in response to any interrogatory herein, or referenced in response to any interrogatory herein, please supply all the following information which has not already been supplied:

(i) date of the document (ii) title or identification of document (iii) all authors of the document, or the author (iv) all qualifications (professional, technical) of each author of the document (v) the specific parts, sections or pages of the document, if any, upon which Applicants rely (vi) the specific information each part, section or page identified in response to (v) above contains.

(vil) identify all documents used in preparing the document, to the extent known (and also to the extent not identified in the document itself)

(viii) state whether Applicants possess a copy of the document (ix) state all expert opinions contained in the document, upon which Applicants rely, or identify each such opinion.

(x) identif the expert opinions (b)y the the contention facts (s)the identified in with respect to which Applicants rely upon (a) document (xi) state whether Applicants now employ any author (s) of the document, identifying each such person for each document.

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(xii) state whether Applicants have ever employed any author (s) of the document, identifying each such person for each document.

(xill) identify au sources of data used in the document.

Answers to all the above may be tabulated or grouped for efficiency.

ANSWER.

(a). All such information available to the Applicants with regard to each document identified in these answers is set. forth.along with the document identified within each response to the specific interrogatories on the contentions.

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INTERROGATORY NO. G-7(a) Please identify all documents which Applicants plan, expect or intend to offer as exhibits (other than for cross-examination) with respect to each Eddleman contention admitted _in this proceeding which (i) is included in your current response to Gl(a), or (ii) is the subject of interrogatories in this set; please state for which contention or contentions each exhibit will be or is expected to be ' offered. l (b) Please identify all documents which Applicants plan, expect or intend to use in cross-examination of any other parties' witnesses or joint intervenor witness in this proceeding, with respect to (i) Eddleman contentions identified under G-7(a)(i)(or G-1(a))

above, or any other Eddleman contention which is the subject of interrogatories in this set; (ii) each Joint contention now admitted in this proceeding; (iii) per our agreement of 4-8-83, each contention of each other party to this proceeding which is currently admitted. Please identify for each such document the witnesses, or witness, and all contentions with respect to whom (or which) that document is planned, expected, or intended to be offered or used.

(c) Please identify which of the documents identified in response to (b) above (i) l will be offered into evidence. by Applicants, and (ii) which of the same documents Applicants expect to offer into evidence or intend to offer as evidence or exhibits in this proceeding.

ANSWER.

(a). Applicants have not yet identified those documents they intend to offer as exhibits relating to Eddleman Contentions 75 and 83/84.

(b). Applicants have not yet identified those documents they intend to use for cross-examination of any witnesses.

(c). See Answer G7(b).

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_ _ _ _ _ _ _ . - _- ____. ._. _ ._ _ __ . _ _ _ _ - . .-m i ,

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'b INTERROGATORY NO. G8 (a') Please identify, for each Eddleman contention which is the subject of this or an earlier set of interrogatories, all information not previously identified which was (i) used or relied on in preparation of Applicants' responses to that contention and all contentions superseded by it (per transcript of July 1982 special prehearing conference, the Board's September 1982 order admittting (sic) contentions, or stipulation by Applicants or W.E.), with respect to any facts allepd therein, identifying for each such fact the specific sotree(s) of information used or relied upon.-

INTERROGATORY NO. G-8(b) Please identify all; persons who supplied information relied on or used in Applicants' response to each contention for which information is requested in G -8(a) above. (ii) Please identify for each such person what information was supplied, and with respect ~ to which contention (s) each item of information supplied was used. (iii) Please state all known qualifications of each such person with respect to the subject matter of the cach contention for which that person

supplied information.

INTERROGATORY NO. G-9(a)Please identify all information not identified in response to the above general interrogatories, including all documents, which Applicants rely on or intend to use in making their case of carrying their burden of proof in this proceeding, with ' respect (i) to each Eddleman contention which is the subject of this or an earlier set of Eddleman interrogatories to Applicants; (ii) with respect to each joint contention on which discovery is now open under the Board's March 10 1983 order, or on which discovery has been open under said order establishing a discovery schedule. (The phrase "or on which discovery has been open" is intended to keep this interrogatory current and continuing for information and documents which Applicants rely on or form

' intent to use after the formal close of discovery. I interpret Applicants' continuing interrogatories to apply continuously from their date of submission to me, and I intend there to apply likewise.

OBJECTION. Applicants have previously objected to General Interrogatories G8 l and G9 (see, eA " Applicants' Response to Wells Eddleman's General Interrogatories and Interrogatories on Contentions 64(f) and 67 to Applicants Carolina Power & Light Company, el g. (Second Set)" filed May 27, 1983) and motions regarding these interrogatories and objections thereto are currently pending before the Licensing Board.

Applicants hereby repeat and incorporate herein all previous objections to Interrogatories G8 and G9.

INTERROGATORIES ON EDDLEMAN 75 4

INTERROGATORY NO. 75-6(a) Has the Brunswick nuclear plant ever experienced 3

any difficulty with its RiiR system which resulted from organisms growing inside a heat l exchanger? (b) If answer to (a) is affirmative, please describe each such incident in detail r

l- ._ - , _ . - . , _ - - . - - . - - - - - - . - - - - - - ~ - --- ~ - - - ~~ --~~~

and identify all documents in CP&L's possession which (i) describe such incident (ii) deal with its causes (iii) deal with its safety significance (iv) deal with measures to prevent its recurrence (v) deal with costs associated with such incident (vi) describe repairs made or to be made as a result of such incident, for each such incident. (c) Did failure to chlorinate have anything to do with any incident of organisms gorwing in heat exchangers at Brunswick? (d) If answer to (c) is affirmative, please identify each such incident, its date, all documents CP&L has sent to NRC concerning such incident, all documents relating to chlorination as it applies to such incident, and how long chlorination was not performed prior to the discovery of the growing organisms in each such incident. Please list incidents applicable to Unit I and incidents applicable to Unit 2 separately unless the incident involved both units, .in which case so state, please. (e) For each incident identified in response to (d) above or any other part of this interrogatory above, please state (i) whether CP&L had a chlorination plan before the incident, which plan included water in which the organisms were found growing (ii) whether CP&L had any other biofouling control plan for the equipment involved in the incident, before the incident, and (iii) state all details of each such plan and identify all documents which detail or include such plan. (f) for allinstances in which chlorination was not performed prior to

! an incident listed in response to (d) or (b) above, please state all known reasons why the i

chlorination was not performed, and please state if failure to perform such chlorinetion violated any CP&L plan (including any identified in response to (e) above), policy or procedure at Brunswick. (This can be answered Yes or No unless you're not sure, for the last part, i.e. whether any plan, procedure or policy was violated by failure to chlorinate.)

ANSWER.

OBJECTION. Applicants object to this Interrogatory in that it is irrelevant to the contentions admitted in this proceeding. Biofouling organisms at the Brunswick plant and chlorination thereof have no relevance whatsoever to the SHNPP licensing proceeding.

The biofouling organisms and the technology to control them at a brackish water (Brunswick) versus freshwater (llarris) plant are very different. Because of the biological and technological distinctions, potential biofouling at Brunswick should not be confused or compared with such potential, if any, at SIINPP.

INTERROGATORY NO. 75-7(a) Does CP&L plan to use any methods besides chlorination to prevent Corbicula from living in the liarris plant? (b) If answer to (a)is affirmative, please identify each such method, state how it will be used or is planned to be used, state how it prevents Corbicula from living in the Harris plant, and identify all documents and state all expert opinions (including source of same) which support your answer, and identify all documents which contain descriptions of each such plan or any such plan.

ANSWER.

I (a). Yes.

l

(b). Each method, including its use, is set forth in Applicants' Response to i NRC I.E.Bulletin 81-03, dated July 10, 1981 and Applicants Response to Request for Additional Information, dated March 25, 1983. These documents are attached to these answers to interrogatories. Traveling screens and chlorination are also described in SS 10.4.5.2 and 10.4.5.3 of Applicants' FSAR.

INTERROGATORY NO. 75-8(a) Does CP&L believe that it is possible to prevent Corbicula from living in the Harris cooling lake? (b) Does CP&L believe that it is possible to prevent Corbicula from living in the Harris auxiliary cooling lake? (c) Does CP&L agree that Corbicula are present in the Cape Fear River near their site for a Harris pumping station? (d) does CP&L agree that Corbicula are present in Buckhorn Creek below the main dam for the Harris main lake? (e) does CP&L know of any way to absolutely assure that Corbicula do not get into (i) the main Harris lake? (ii) the auxilie"y Harris lake? (iii) the Harris cooling system? (f) If your answer to either (a) or (b) above is affirmative, please state for each such affirmative answer all reasons, authorities and information you rely on to support each such answer. Please identify all documents which contain such information, name any expert whose opinion you rely upon to support such answer or any part of it, state all qualifications of such expert, state whether such expert is employed by CP&L or Applicants, and describe in detail the reasoning you use to support your answer from such information, authorities or expert opinion, identifying each specific fact you rely on and its source.

ANSWER.

(a). No.

(b). No.

(c). Yes. See Applicants' Response to NRC I.E.Bulletin 81-03, dated July 10, 1981 and DES Section 5.5.2.4.

(d). Yes. See Applicants' Response to NRC I.E.Bulletin 81-03, dated July 10, 1981 and DES Section 5.5.2.4.

(e) (i). No.

1 (ii). No.

! (iii). If Corbicula eventually inhabit the main and/or auxiliary SHNPP reservoirs, then it may not be possible to absolutely assure that no Corbicula will enter the SHNPP cooling system. However, Applicants believe that control measures described in the attached documents are sufficient to assure safe operation of the Harris plant.

(f). Not app!icable.

i INTERROGATORIES ON EDDLEMAN 83/84 INTERROGATORY NO. 83/84-8(a) Have Applicants or anyone ivorking for them made any study of trihalomethane (i) concentrations (ii) formation (a) in the Cape Fear River (b) in water supplies drawn from the Cape Fear River, or in chemical treatment thereof for use as drinkable water (c) In the Harris cooling lake (d) in the Harris plant t cooling system as now designed, taking account of the chlorination to be done in it (e)in the Harris plant cooling system taking account of additional chlorination to control '

Corbicula (f) that could or might be formed in the Harris cooling lake due to Harris plant chlorine releases into that lake? (b) for each subpart of (a) above for which your answer is affirmative, please list the date and title of such study (if workpapers, or untitled, so state), identify all documents containing such study (or workpapers), identify a3 information sources used in making such study, all documents containing such information sources for cach such study, all qualifications of each author of each such study, and all facts in such study upon which Applicants rely. (c) Are Applicants aware of any studies or investigations by anyone else . which address trihalomethanes

(concentration or formation) in any of the places asked about in subparts (a) through (f) or any of them, as set out in 8(a) above? (d) If answer to (c) is affirmative, please identify all documents containing each such study, state whether it deals with i

trihalomethane concentrations. formation, or both (state "both" if ~ it. is both, i

" concentrations" if only that, " formation" if only that), state whether Applicants possess a copy of such document, state which of the waters or wate cystems (subparts a through f of (a) above) it deals with, and identify each specific fact or opinion therein on which Applicants rely, for each such document. (e) Are Applicants aware of any other studies of trihalomethanes (i) at nuclear plants (ii) in nuclear plant effluents (iii) in NC water supplies (iv) in water supplies (v) as regards their toxicity (vi) as regards their carcinogenicity? (f) for each part of (e) above for which your answer is affirmative, identify please all documents which contain such studies, state whether Applicants possess a copy of such document, give the author (s) and all qualifications of each author that you know, and state specifically which facts and which opinions, if any, therein you rely upon.

ANSWER. -

(a) (i) (a). Yes.

(b). No.

(c). No.

(d). No.

(e). No. l 1

(f). No.

1 i

1 l

l (a) (ii) (a). No.

(b). No.

(c). No.

(d). No.

(e). No.

(f). No. .

(b). Applicants contracted COMPUCHEM of Mead Services to perform lab analyses of Cape Fear River water at the intakes and dischargas of the Cape Fear, Sutton and Brunswick Plants for the NPA Priority Pollutants in accordance with NPDES permit requirements. Bromoform, chloroform and dichlorobromomethane were the trihalomethanes analyzed. Dates of the analyses were as follows: October 1980 -

Brunswick; December 1980 - Cape Fear; September / October 1981 - Sutton.

(c). Yes.

(d). "Organohalogen Production from Chlorination of Natu al Waters Under Simulated Biofouling Control Conditions" by R. M. Bean, et al.; in Water Chlorination:

Environmental Impact and Health Effects, Volume III, R. L. Jolley, W. A. Brungs, R. B.

Cumming, eds., Ann Arbor Science 1980. The article contains information on trihalomethane formation and concentrations at an electric power plant at an unspecified location on the Cape Fear River during 1978. Applicants possess a xerox copy of the article.

(e) (1). Yes.

(ii). Yes.

(iii). Yes.

(iv). Yes.

(v). Yes.

(vi). Yes.

(f) (1). (1) Bean, R. M. " Quarterly Progress Report, Biocide By-Products in Aquatic Environment - January 1-March 3,1982" April 1982. Applicants do not possess a copy. (2) As cited in the NRC's DES: Bean, R. M., D. C. Mann and D. A. Neitzel,

" Quarterly Progress Report Covering Period January 1 through March 31,1981, Biocide By-Products in Aquatic Environments" April 1981. Applicants do not possess a copy. (3)

Jolley, R. L., et al., "An Experimental Assessment of Halogenated Organics in Waters from Cooling Towers and Once-Through Systems". Volume I .[in Jolley, Brungs and Cumming as cited in Answer 83/84-8(d)]. Applicants possess a copy (4) Plumb, R. H.,

Jr. and L. L. Simons, " Aquatic Ecological Assessment of Chlorination at the Davis-Besse Nuclear Power Station Unit Number 1," Westinghouse Env. Systems Dept., Pittsburgh, Pa., for Toledo Edison,1977 [in " Assessment of Intermittently Chlorinated Discharges Using Chlorine Half-Life",-R. H. Plumb, Jr., L. S. Simmons, M. Collins, from Jolley, Brungs and Cumming, as cited in Answer 83/84-8(d)]. Applicants do not possess a copy.

(5) EPRI Report EA-1750, " Power Plant Chlorination: A Biological. and Chemical Assessment," Dec.1981. Applicants possess a copy.

(ii). See (i) above. _

(iii). (1) "Trihalomethane Formation in Water Treatment Plants in North Carolina," WRRI Report No.179. Available from Water Resources Research Institute, UNC-Chapel 11111. Applicants possess a copy -(2) As cited in the NRC's DES: Singer, P.

C., J. J. Barry, III, G. M. Palen and A. E. Scrivner, "Trihalomethane Formation in North Carolina Drinking Waters," in J. Amer. Water Works Assoc., Aug.1981. Applicants do not possess a copy. (3) As cited in the NRC's DES: Young, J. S. and P. C. Singer,

" Chloroform Formation in Public Water Supplies: A Case Study," in J. Amer. Water -

Works Assoc., Feb.1979. Applicants do not possess a copy.

1 (iv). The book cited in Answer 83/84-8(d) above includes many articles on this subject.

e (v). (1) The book cited in Answer 83/84-8(d) above includes many articles on this subject. (2) EPA Ambient Water Quality Criteria for Halomethanes, EPA-440 80-051 (1980). Applicants possess a copy. (3) Review of the Open Literature on Effects of Chlorine on Aquatic Organisms, EPRI Report EA-1491, August 1980. Applicants possess a copy.

(vi). The book cited in Answer 8,(d) above includes many articles on this subject. Also, EPA report cited in Answer 83/84-8(f)(v).

Note on all documents referred to in this Answer to Integogatory 83/84-8:

A summary of the author's qualifications is usually provided in each of the articles cited above. Applicants' knowledge of authors' qualifications is limited to that provided within the articles. Applicants do not know what is meant by " facts or opinions" in these materials "on which Applicants rely" in that it is not specified as to what the word " rely" refers to (b relied on for what?).

INTERROGATORY NO. 83/84(9)(a) Have Applicants made any study of the effects of chlorination on (i) metals (ii) ionization of metals (iii) carcinogenicity of metals (aa) in the Cape Fear River ( bb) in the Harris plant condenser (s), (ce ) in the Harris cooling water piping (dd) in the Cane Fear River? (This question is for each part separately, i.e.

there are 12 parts to answer,1-4,re metals in aa thru dd, 5-8 re ionization of metals in aa thru dd, and 9-12 re carcinogenicity of metals in aa thru dd. *83/84-8(a) above is designed in the same way, and has 12 parts (2x6)) (b) for each subpart of (a) above for which your answer is affirmative, identify please all documents which contain such study, and identify all facts and opinions therein on which you rely, for each such document. (c)

Have Applicants made any study of the effect of (i) acid rain (ii) acid precipitation (iii) emissions from the Cape Fear power plant on (aa) the pH of the Harris cooling lake (bb) chlorine reactivity in the Harris cooling lake (ce) chlorine reactivity in the Cape Fear river (dd) chlorine reactivity due to lower pH resulting therefrom? (d) Are Applicants aware of any study by anyone else which addresses any of the matters inquired about in (a) or (c) above or any subpart thereof? (e) for each affirmative answer to (d) or any subpart of (c) above, identify please all documents in which such study is contained, state whether Applicants possess a copy of each, state which matter (s) the study deals with, and state which specific facts or opinons in each such study Applicants rely upon.

ANSWER.

(a) (i)(aa). No.

(bb). No.

(ce). No.

(dd). No.

(ii)(aa). No.

(bb). No.

(cc). No.

(dd). No.

(iii)(aa). No. -

(bb). No. .

(ce). No. .

(dd). No. .

(b). . Not applicable. . -:

(c) (i)(aa). No. .

(bb). No. __

(ce). No.

(dd). No.

(ii)(aa). No.

(bb). No.

(ce). No.

(dd). No.

(iii)(aa). No.

(bb). No.

(ce). No.

l (dd). No. l (d). No. -

(e). Not applicable.

1

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This the 5th day of August 1983.

fan-n1 Hill Carrow~ ~ ~ ~ ~

Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6839 Attorneys for Applicants:

Thomas A. Baxter John H. O'Neill, Jr. ,

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N. W.

Washington, D. C. 20036 (202) 822-1000 Richard E. Jones Samantha Francis Flynn Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6517

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UNITED STATES OF AMERICA 9-NUCLEAR REGULATORY COMMISSION

] D6 8fgg 'l BEFORE THE ATOMIC SAFETY AND LICENSING BOA 824 rtyc ,

Etcy.lgftca

.s In the Matter of Qlj,1 CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN MUNICIPAL )

POWER AGENCY )

(Shearon Harris Nuclear Power Plant,

') Docket Nos. 50-400 OL

) 50-401 OL Units 1 & 2) )

)

) -

AFFIDAVIT OF WILLIAM T. HOGARTH County of Wake )

)

State of North Carolina )

William T. Hogarth being duly sworn according to law, deposes and says that he is Manager - Environmental Technology Section of Carolina Power & Light Company; that the answers to Interrogatories on Contentions 75 and 83/84 contained in " Applicants' Answers to Wells Eddleman's GeneralInterrogatories and Interrogatories on Contentions 75 and 83/84 to Applicants Carolina Power & Light Company, et al. (Third Set)" are true and correct to the best of his information, knowledge and belief; and that the sources of his information are officers employees, agents and contractors of Carolina Power &

Light Company.

3)& &~'b,vb William T. Hogartli Sworn to and subscribed before '

me this3lst day of July,1983.

3 #

( lb

• D Notary Public My commission expires: <<,l$f %7

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Accruza -

UNITED STATES OF AMERICA >.

NUCLEAR REGULATORY C %N 9_

BEFORE THE ATOMIC SAFETY AND LICENSING BOA og ,

In the Matter of ) \ ., f

) s EIcuapca \ j/

CAROLINA POWER & LIGHT COMPANY ) 1.Jk' AND NORTH CAROLINA EASTERN 1

) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL

)

(Shearon Harris Nuclear Power Plant, )~

Units 1 & 2) )

CERTIFICATION OF COUNSEL I hereby certify that I have made ..the_followingf efforts to resolve Applicants'

~

objections to certain of Wells Eddleman's Interrogatories (Third Set), dated July 2,1983, 4

regarding Contentions 73 and 83/84.

I spoke with Mr. Eddleman by telephone on August 5,1983, to discuss the nature of Applicants' objections. With respect to Interrogatory 75-6, Applicants believe this interrogatory is not relevent to Contention 75 or reasonably calculated to lead to discovery of information relevant thereto in that the interrogatory seeks information on biofouling organisms and chlorination thereof at the Brunswick plant (brackish water),

not at the Harris plant (fresh water). The parties were unable to reach an agreement at that time as to Applicants' objection.

Applicants and Mr. Eddleman continue to disagree as to the permissible scope of Interrogatory Nos. G-8 and G-9.

Hill Carrow Counsel for Applicants Carolina Power & Light Company

' Post Office Box 1551 l Ralei (919)836-6839 gh, North Carolina 27602 Date: August 5,1983 I

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