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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20205D4901999-02-22022 February 1999 Transcript of 990222 Informal Public Hearing on 10CFR2.206 Petition in Rockville,Md.Pp 1-105.Supporting Documentation Encl ML20155E1631998-09-25025 September 1998 Petition Per 10CFR2.206 Requesting That Plant Be Immediately Shut Down & OL Suspended or Modified Until Such Time That Facility Design & Licensing Bases Properly Updated to Permit Operation with Failed Fuel Assemblies ML20202F0081997-11-28028 November 1997 Order Approving Transfer of License for River Bend Station, Unit 1 ML20211P2771997-10-15015 October 1997 Application of RR Mabey,Chapter 11 Trustee for Cajun Electric Power Cooperative,Inc,For Transfer & Amend of License ML20116G9431996-08-0707 August 1996 Comment Supporting Proposed Rule 10CFR26 Re, Mods to Fitness-For-Duty Program Requirements RBG-42925, Comment on Draft Reg Guide DG-5007, Perimeter Instrusion Alarm Sys. Word Splices Should Be Changed to Terminations1996-05-29029 May 1996 Comment on Draft Reg Guide DG-5007, Perimeter Instrusion Alarm Sys. Word Splices Should Be Changed to Terminations ML20097D8631996-02-0909 February 1996 Suppl to Withdrawal of Contention & Motion for Termination of Hearing of RR Mabey,Chapter 11 Trustee for Util.* W/Certificate of Svc ML20100D2221996-01-25025 January 1996 Withdrawal of Contention & Motion for Termination of Hearing of RR Mabey,Chapter 11 Trustee for Cajun Electric Cooperative,Inc.* W/Certificate of Svc ML20096G4991996-01-16016 January 1996 Joint Motion to Suspend Procedural Schedule.* Requests That Procedural Schedule in Proceeding Be Suspended,Pending Action by Bankruptcy Court at Following Scheduled Hearing on 960122.W/Certificate of Svc ML20113G0751995-10-26026 October 1995 Transcript of Interview of J Fisicaro on 951026 in St Francisville,La ML20093G3461995-10-10010 October 1995 Joint Motion to Extend Hearing Date & Scheduling Order.* Trustee & Gsu Request That Prehearing Schedule & Hearing Schedule Be Revised So That All Depositions Be Completed by 960623.W/Certificate of Svc ML20113G0631995-07-27027 July 1995 Transcript of Interview of J Mcgaha on 950727 in St Francisville,La ML20113G0601995-07-21021 July 1995 Transcript of Interview of CR Maxson on 950721 in St Francisville,La ML20113G0421995-07-20020 July 1995 Transcript of Interview of Dn Lorfing on 950720 in St Francisville,La ML20113G0371995-07-19019 July 1995 Transcript of Interview of as Soni on 950719 in St Francisville,La ML20086P6501995-07-17017 July 1995 Joint Motion to Extend Hearing Date & Amend Scheduling Order.* Requests That Prehearing Schedule & Hearing Schedule Be Revised.W/Certificate of Svc ML20086D8841995-06-29029 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style ML20113G0671995-06-16016 June 1995 Transcript of Interview of Wj Fountain on 950616 in St Francisville,La ML20113G0541995-06-15015 June 1995 Transcript of Interview of Jc Maher on 950615 in St Francisville,La ML20085E5891995-06-0909 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20083M7811995-05-10010 May 1995 Submits Request for Reevaluation of Cities of Benton,Conway, North Little Rock,Osceola,Prescott & West Memphis,Arkansas & Farmers Electric Cooperative Corp on Anti-Trust Issues ML20080G8241995-02-0606 February 1995 Cajun Electric Power Cooperative,Inc Answer in Opposition to NRC Staff Response in Support of Gsu Motion for Summary Disposition.* Requests That Aslp Find Staff Response Inadequate.W/Certificate of Svc ML20078C7131995-01-23023 January 1995 Cajun Electric Power Cooperative,Inc Answer in Opposition to Gulf State Utilities Company Motion for Summary Disposition.W/Certificate of Svc ML20078C7821995-01-23023 January 1995 Cajun Electric Power Cooperative,Inc Concise Statement of Matl Facts to Which Genuine Issue Exists Accompanying & Supporting Answer to Gulf State Utilities Company Motion for Summary Disposition.W/Certificate of Svc ML20078C7261995-01-19019 January 1995 Affidavit of WT Ullrich on Behalf of Cajun Electric Power Cooperative,Inc.* Affidavit Re Past Performance of & Future Decommission Plans of Plant ML20078C7441995-01-19019 January 1995 Affidavit of Jm Griffin on Behalf of Cajun Electric Power Cooperative,Inc.* Affidavit Re Past Performance of & Future Decommission Plans for Plant ML20078C7861995-01-0909 January 1995 Gulf States Util Co Statement of Undisputed Facts in Support of Motion for Summary Disposition.* Util Intends to Safely Operate Plant within Requirements of Operating License ML20082H2341995-01-0909 January 1995 Gulf States Utilities Co Motion for Summary Disposition.* W/Certificate of Svc ML20077C0911994-11-17017 November 1994 Gsu Co Answer to Cajun Electric Power Cooperative 941107 Motion to Compel.* Requests Denial of Cajun Electric Power 941107 Motion for Reasons as Stated.W/Certificate of Svc ML20076N3141994-11-0707 November 1994 Util Motion to Compel Responses to follow-up Discovery Requests & Answer to Motion for Protective Order.* Util Requests That ASLB Issue Order Against Gsu/Eoi Re Discovery Responses.W/Certificate of Svc ML20076N4991994-10-31031 October 1994 Gulf States Utilities Co Second Supplemental Response to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* W/Certificate of Svc ML20078C9751994-10-28028 October 1994 Gsu Objections to Cajun Electric Power Cooperative,Inc Followup Discovery Requests & Motion for Protective Order.* Cajun Electric Power Discovery Requests Relate to Matters Outside Proper Scope.W/Certificate of Svc ML20078D3291994-10-28028 October 1994 Gulf States Utilities Company Second Supplemental Response to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories,Dtd 940908.* W/Certificate of Svc ML20080A1331994-10-21021 October 1994 Comment Supporting Proposed Rule 10CFR2 Re Reexamination of NRC Enforcement Policy.Advises That Util of Belief That NRC Focus on Safety Significance in Insps & Enforcement Policy Can Be Achieved by Utilization of Risk Based Techniques ML20080A2971994-10-13013 October 1994 Gulf States Utilities Company Supplemental Responses to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* W/Certificate of Svc.Related Correspondence ML20024J3081994-10-0303 October 1994 Cajun Electric Power Cooperative,Inc Motion to Compel Responses to Interrogatories & Production of Documents.* Requests Board to Issue Order Against Gsu Compelling Production of Listed Items.W/Certificate of Svc ML20073M3261994-10-0303 October 1994 Comment on Pilot Program for NRC Recognition of Good Performance by Nuclear Power Plants ML20073H2071994-09-30030 September 1994 Answer of Util to Motion to Compel Production & Provide for Addl Info Discovery.* Informs That Motion Should Be Denied. W/Certificate of Svc ML20073H0931994-09-29029 September 1994 Gulf States Utils Co Motion to Compel Answers to Interrogatories & Document Production Requests & for Other Relief*. Requests That Board Grant Util Addl Time to Conduct follow-up Discovery Based on Responses.W/Certificate of Svc ML20073H2301994-09-26026 September 1994 Notice of Appearance.* Undersigned Attys Enter Appearances in Proceeding.W/Certificate of Svc ML20073H2701994-09-22022 September 1994 Gsu Objections to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* Objects to Identified Interrogatories & Cajun General Instruction B.W/ Certificate of Svc.Related Correspondence ML20073H2121994-09-21021 September 1994 Gulf States Util Co Responses to Cajun First Request for Production of Documents Dtd 940822.W/Certificate of Svc. Related Correspondence ML20073H2631994-09-20020 September 1994 Gulf States Util Company Responses to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* Related Correspondence ML20072Q5061994-09-0606 September 1994 Gulf State Utilities Company Objections to Cajun Electric Cooperative,Inc. Interrogatories,Dtd 940822.* Gsu Objects to General Instruction B of Cajun Requests for Production of Document.W/Certificate of Svc.Related Correspondence ML20072Q4881994-09-0202 September 1994 Gsu Co Responses to Interrogatories Dtd 940822.* Informs That Responses Subj to Objections Filed by Util Dtd 940906. Related Correspondence ML20072P2051994-08-26026 August 1994 Gulf States Utilities Co First Set of Interrogatories & Request for Production of Documents to Cajun Electric Power Cooperative,Inc.* Requests Production of Listed Documents. W/Certificate of Svc.Related Correspondence ML20072P2201994-08-26026 August 1994 Gulf States Utilities Co First Request for Production of Documents to NRC Executive Director of Operations.* Requests Production of Documents as Listed.W/Certificate of Svc. Related Correspondence ML20072P2381994-08-26026 August 1994 Licensee Request for Board Approval of Written Interrogatories to Be Answered by NRC Personnel.* W/Certificate of Svc ML20072B8521994-08-0505 August 1994 Comment Opposing Proposed Rule 10CFR26 Re Consideration of Changes to FFD Requirements.Licensee Believes Reduction in Amount of FFD Testing Warranted & Can Best Be Achieved in Manner Already Adopted by Commission ML20065P4121994-04-25025 April 1994 Comment on Proposed Rule 10CFR50 Rule Re Code & Stds Re Subsections IWE & Iwl.Expresses Deep Concern About Ramifications of Implementing Proposed Rule 1999-02-22
[Table view] Category:PLEADINGS
MONTHYEARML20155E1631998-09-25025 September 1998 Petition Per 10CFR2.206 Requesting That Plant Be Immediately Shut Down & OL Suspended or Modified Until Such Time That Facility Design & Licensing Bases Properly Updated to Permit Operation with Failed Fuel Assemblies ML20096G4991996-01-16016 January 1996 Joint Motion to Suspend Procedural Schedule.* Requests That Procedural Schedule in Proceeding Be Suspended,Pending Action by Bankruptcy Court at Following Scheduled Hearing on 960122.W/Certificate of Svc ML20093G3461995-10-10010 October 1995 Joint Motion to Extend Hearing Date & Scheduling Order.* Trustee & Gsu Request That Prehearing Schedule & Hearing Schedule Be Revised So That All Depositions Be Completed by 960623.W/Certificate of Svc ML20086P6501995-07-17017 July 1995 Joint Motion to Extend Hearing Date & Amend Scheduling Order.* Requests That Prehearing Schedule & Hearing Schedule Be Revised.W/Certificate of Svc ML20080G8241995-02-0606 February 1995 Cajun Electric Power Cooperative,Inc Answer in Opposition to NRC Staff Response in Support of Gsu Motion for Summary Disposition.* Requests That Aslp Find Staff Response Inadequate.W/Certificate of Svc ML20078C7821995-01-23023 January 1995 Cajun Electric Power Cooperative,Inc Concise Statement of Matl Facts to Which Genuine Issue Exists Accompanying & Supporting Answer to Gulf State Utilities Company Motion for Summary Disposition.W/Certificate of Svc ML20077C0911994-11-17017 November 1994 Gsu Co Answer to Cajun Electric Power Cooperative 941107 Motion to Compel.* Requests Denial of Cajun Electric Power 941107 Motion for Reasons as Stated.W/Certificate of Svc ML20076N3141994-11-0707 November 1994 Util Motion to Compel Responses to follow-up Discovery Requests & Answer to Motion for Protective Order.* Util Requests That ASLB Issue Order Against Gsu/Eoi Re Discovery Responses.W/Certificate of Svc ML20078C9751994-10-28028 October 1994 Gsu Objections to Cajun Electric Power Cooperative,Inc Followup Discovery Requests & Motion for Protective Order.* Cajun Electric Power Discovery Requests Relate to Matters Outside Proper Scope.W/Certificate of Svc ML20024J3081994-10-0303 October 1994 Cajun Electric Power Cooperative,Inc Motion to Compel Responses to Interrogatories & Production of Documents.* Requests Board to Issue Order Against Gsu Compelling Production of Listed Items.W/Certificate of Svc ML20073H2071994-09-30030 September 1994 Answer of Util to Motion to Compel Production & Provide for Addl Info Discovery.* Informs That Motion Should Be Denied. W/Certificate of Svc ML20073H0931994-09-29029 September 1994 Gulf States Utils Co Motion to Compel Answers to Interrogatories & Document Production Requests & for Other Relief*. Requests That Board Grant Util Addl Time to Conduct follow-up Discovery Based on Responses.W/Certificate of Svc ML20073H2121994-09-21021 September 1994 Gulf States Util Co Responses to Cajun First Request for Production of Documents Dtd 940822.W/Certificate of Svc. Related Correspondence ML20072P2381994-08-26026 August 1994 Licensee Request for Board Approval of Written Interrogatories to Be Answered by NRC Personnel.* W/Certificate of Svc ML20057A1571993-09-0707 September 1993 Reply of Cajun Electric Power Cooperative,Inc to Response of Gulf State Utils Co on Staff Proposed Determination That Requested License Amends Do Not Involve Significant Hazards Consideration within 10CFR50.92.* W/Certificate of Svc ML20056G5151993-08-26026 August 1993 NRC Staff Response to Cajun Electric Power Cooperative,Inc Comments,Petition & Amended Petition for Leave to Intervene & Request for Hearing & Conditions,On Notice of Consideration of Issuance of Amend.* W/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 ML20127M3451992-08-19019 August 1992 Response of Gulf States Utilities Co to Nirs 2.206 Petition to Shut Down River Bend Station.* Plant Maintains Fire Protection Which Allows Plant to Operate within NRC Requirements.Request Should Be Denied.W/Certificate of Svc ML20093E4631984-07-12012 July 1984 Request for Extension of Time Until 840725 to Answer Applicant First Set of Interrogatories.Certificate of Svc Encl.Related Correspondence ML20092P7431984-07-0505 July 1984 Motion to Compel State of La & Joint Intervenors to Respond to Applicant Interrogatories of Safety Contentions 1 & 2. Certificate of Svc Encl.Related Correspondence ML20092P2451984-07-0202 July 1984 Motion for Withdrawal of OL Application.Rept on Termination of Const Activities & Certificate of Svc Encl ML20077P1621983-09-0909 September 1983 Objections to 830826 Special Prehearing Conference Order. ASLB Ruling on & Restatement of Designated Contention 2 on Failure of Old River Control Structure May Be Misinterpreted.Certificate of Svc Encl ML20073T1021983-05-0303 May 1983 Response to NRC Answer to State of La Contentions 1-6. Reasonable Specificity Requirements of 10CFR2.714(b) Satisfied.Contentions 2 & 5 Premature & Should Be Accepted Conditionally.Certificate of Svc Encl ML20067C5611982-12-0202 December 1982 Motion for Extension of Time Until 840115 to File Contentions.Util Requested Extension of CP Until 851231 So That Scedule for OL Hearing Will Probably Slip.Ser Will Not Be Issued Until 831202.Certificate of Svc Encl ML20041F0771982-03-11011 March 1982 Response Opposing La Consumer League 820224 Submittal Re Litigable Interest in Evacuation Plans.Aslb Already Properly Determined Scope of League Interest.No New Info Presented to Justify Different Ruling 1998-09-25
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/5773 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 94 DCT 31 P3 :15 In the Matter of ) 0FF ICE OF ZGElW
) 00CKE IW & SE 4'iP GULF STATES UTILITIES COMPANY ) Docket No. 50-458-OLA BRANCH
) ASLBP No.93-680 (River Bend Station, Unit 1) )
GULF STATES UTILITIES COMPANY'S OBJECTIONS TO CAJUN ELECTRIC POWER COOPERATIVE, INC. FOLLOW-UP DISCOVERY REQUESTS DATED OCTOBER 24, 1994 AND MOTION FOR A PROTECTIVE ORDER I. INTRODUCTION Gulf States Utilities Company ("GSU") hereby objects to
" Follow-up Discovery Requests Of Cajun Electric Power Cooperative, Inc., to Gulf States Utilities Company, Entergy Operations, Inc.,
and All Affiliated Companies" dated October 24, 1994, and moves for a protective order pursuant to 10 C.F.R. S 2.740(c) that such discovery not be had. Cajun Electric Power Cooperative Inc.'s
(" Cajun") discovery requests relate to matters outside the proper scope of follow-up discovery, outside the scope of the one admitted contention, and are not reasonably calculated to lead to admissible evidence. Furthermore, Cajun's requests are overbroad, unduly burdensome and oppressive. Cajun is not only engaging in a fishing expedition, it is attempting to " drain the pond and collect the fish from the bottom. "l' l' See Amcast Industrial Corp. v. Detrex Corp., 138 F.R.D.
115, 121 (N.D. Ind. 1991), infra at 5.
9411020100 941028 ADOCK 05000458 PDR C PDR 6[
II. ARGUMENT On October 24, 1994, Cajun sent GSU 52 multi-part follow-up discovery requests asking for detailed additional information concerning the " River Bend Nuclear Station Near-Term Performance Improvement Plan" and the " River Bend Nuclear Station Long-Term Performance Improvement Plan," which GSU had produced in response to a previous discovery request from Cajun. Specifically, Cajun's October 24, 1994 requests seek data regarding plant procedures, corrective action plans, self-assessments, personnel matters, root cause analyses, performance measure reports, and many other items considered in the performance improvement plans. These requests are extremely broad in scope, encompassing a vast quantity of documentation covering virtually every aspect of River Bend operation, with no demonstrated nexus to Cajun's single admitted contention. For the reasons discussed below, the Atomic Safety and Licensing Board (" Licensing Board" or " Board") should uphold GSU's 1 objection to Cajun's follow-up discovery requests and grant a protective order pursuant to 10 C.F.R.S 2.740(c) that the discovery not be had.2' l
I 1
l' Counsel for GSU and Cajun have discussed various ways to ;
resolve the discovery dispute, but have not been able to l reach agreement. Inasmuch as counsel for Cajun indicated i his intention to submit additional discovery related to the performance improvement plans, this pleading is being submitted to expedite dispositicn of the issue.
m _ . _ - _ _ .~ __ ._ _- . - _ . . __ _ _ _ _ - .
- l A. Cajun's Discovery Request Is Beyond The Proper Scope Of- l Follow-up Discovery In This Proceedina I Discovery in.this proceeding concluded on September.22, 1 1994. See Board Memorandum and Order dated March 24, 1994 at 2.
At the prehearing conference in this matter, the Board required GSU-to supplement Cajun Interrogatory 2-6. That interrogatory related to meetings between employees of GSU and those of Entergy and Entergy Operations, Inc. ("EOI") regarding safety matters. The Board stated in its ruling on the record:
The ruling is that GSU is to give Cajun in response to their interrogatory 2.6 the names and current affiliation of all Entergy, EOI, and EOI [ sic) employees who attended meetings during the period September 1993 through December 31, 1993, and to i describe the general subject matter of those meetings.
Prehearing Conference Transcript at 34-35 (October 4, 1994)~ j (hereinaf ter cited as "Tr. ") .2' On October 14, 1994, GSU provided its supplemental response to, inter alia, Interrogatory 2 - 6 . d' Therein, GSU described the general subject matter of meetings between representatives of GSU and EOI and produced the near-term and long-term performance improvement plans for River Bend. Cajun pounced on the opportunity presented by the submission of these documents l' The ruling was slightly modified later in the prehearing conference to account for later events, but the scope of follow-up discovery remained the same. Tr. at 38.
d' " Gulf States Utilities Company's Supplemental Responses To Cajun Electric Cooperative, Inc.'s Second Set of '
Interrogatories," dated October 14, 1994.
i e
3
by GSU and propounded 52 multi-part interrogatories and requests for documents with the promise of more to come.
This discovery is not properly within the scope of supplemental discovery as permitted by the Board. Cajun would have the Board believe that these documents represent new information not previously available to it. To the contrary, Cajun has had copies of these documents since their issuance and has attended (or had the opportunity to attend) meetings during which they were discussed, including meetings with the Nuclear Regulatory Commission ("NRC") at which the public was present.I' To the extent dirccsery regarding these documents was otherwise within the scope of the NRC's Rules of Practice,$' Cajun could have pursued it during the six-month period of discovery in this proceeding.
Furthermore, the wide ranging requests do not represent supplementation of Interrogatory 2-6, which was related to the relationship of GSU and EOI in the three months prior to the merger. Only the ceneral subject matter of meetings was required to be identified in accordance with the Board's ruling during the prehearing conference. Tr. at 3 4-3 5. The scope of Cajun's follow-up discovery requests is well beyond what the Board intended.
l' The " River Bend Nuclear Station Near-Term Performance Improvement Plan" was submitted to the NRC on December 23, 1993. The " River Bend Nuclear Station Long-Term Performance Improvement Plan" was submitted to the NRC on March 28, 1994.
s' See Sections II.B and II.C, infra.
4 B. Cajun's Discovery Requests Are Outside The Scope Of Discovery For This Proceeding And Not Reasonably Calculated To Lead To The Discovery Of Admissible Evidence Applicable NRC regulations state that discovery "shall relate only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclusion of'[the] prehearing conference." 10 C.F.R. S 2.740(b) (1) . Furthermore, NRC precedent dictates that discovery requests have at least " general relevance" to the matter in controversy. Texas Utilities Generatina Co. ,
(Comanche Peak Steam Electric Station, Units 1 and 2), LBP-81-25, 14 NRC 241, 243 (1981). Cajun's discovery requests, however, have no relevance whatsoever to the one admitted contention in this proceeding and to its bases: that alleged underfunding of River Bend resulting from the Entergy Operations /GSU merger could affect the margin of safety.
Cajun asks for information covering virtually every i aspect of River Bend operation, but there is no discernible connection between this information and the merger or the issue of funding for River Bend. For example, Cajun discovery request 2- ,
6.30 states:
Identify and describe all Procedure Change Notices. l Identify and describe how the backlog of Procedure j Change Notices has changed over the last three '
years. Identify and describe all documents which ,
identify procedure weaknesses. l This request, similar to all of Cajun's October 24, 1994 requests, concerns general operations information and will not lead to the
discovery of any data relating to how a postulated change in funding or operation by EOI will affect future safety at River Bend.
The River Bend performance improvement plans were developed to increase operational performance beyond current levels.2' Thus, in violation of 10 C.F.R. S 2.740 (b) (3 ) , Cajun's discovery requests regarding GSU's plans to improve performance even further are not reasonably calculated to lead to the discovery of admissible evidence concerning whether alleged underfunding of River Bend resulting from the merger will reduce the margin of safety from present, already acceptable levels.
C. The Board Should Issue A Protective Order That Discovery Not Be Had Because Cajun's Requests Are Overbroad, Oppressive And Unduly Burdensome Pursuant to 10 C.F.R. S 2.740(c), the Board may issue a protective order that discovery not be had to protect a party from
" oppression or undue burden and expense." With regard to Cajun's October 24, 1994 follow-up discovery requests, such a protective order is appropriate. Cajun's requests concerning the performance improvement plans would require GSU, at great expense in time and money, to produce thousands of documents related to plant procedures, self-assessments, corrective actions, root cause analyses, personnel matters, and dozens of other issues. Thus, the discovery requests would divert the resources of the very 2' See " River Bend Nuclear Station Near-Term Performance Improvement Plan," at 1, and " River Bend Nuclear Station Long-Term Performance Improvement Plan," at 1.
individuals charged with operation of the facility and require such individuals to research minutiae irrelevant to this proceeding.
Cajun has not attempted in any way to tailor its requests more narrowly to produce responses relevant to the impacts of the merger on the margin of safety at River Bend. Rather, Cajun's inquiries merely attempt to dissect the performance improvement plans and to probe every area possible, regardless of relevance. The response to this inquiry is required to be performed in a manner which can only be characterized as the most onerous for GSU and EOI. As noted previously, the NRC has reviewed these performance plans, and Cajun, as co-owner of the facility, had access to these documents long before it filed its voluminous requests on the last day of the l extended discovery period designated by the Board. There is no l
justification for Cajun to subject GSU to such wide-ranging, oppressive discovery this late in the discovery process. j I
Under Rule 26 of the Federal Rules of Civil Procedure, responses sought by discovery requests "must comport with the traditional notions of relevancy and must not impose an undue burden on the responding party." Robbins v. Camden City Bd. Of Education, 105 F.R.D. 49, 55 (D.N.J. 1985). This principle is equally applicable to NRC proceedings because Federal Court constructions of Rule 26 of the Federal Rules provide appropriate guidelines for interpreting the discovery standards set forth in the NRC's rules. See Boston Edison Company (Pilgrim Nuclear Generating Station, Unit 2), LBP-75-30, 1 NRC 579, 581 (1975).
1 i
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Contrary to the above principle, Cajun is not only engaging in a fishing expedition, Cajun is attempting to " drain the pond and collect the fish from the bottom." Amcast Industrial Coro. v.
Detrex Coro., 138 F.R.D. 115, 121 (N.D. Ind. 1991), citina In re IBM Peripheral Devices Anti-Trust Litication, 77 F.R.D. 39, 41-42 (N.D. Cal. 1977). Such an exercise "goes beyond the bounds set by the discovery rules." In re IBM Peripheral Devices Anti-Trust Litication, 77 F.R.D. at 42. Thus, the Board should grant a protective order that discovery on Cajun's irrelevant follow-up requests not be had.
III. CONCLUSION For the foregoing reasons, GSU respectfully requests that the Board uphold GSU's objections to Cajun's October 24, 1994 follow-up discovery requests and grant a protective order that discovery on those requests, or other similar requests, not be had.
Respectfully submitted,
^
fN1 D'_
Mark J.VWetterhahn WINSTON & STRAWN 1400 L Street, N.W.
Washington, D.C. 20005 (202) 371-5700 Attorneys for Gulf States Utilities Company Dated at Washington, D.C.
this 28th day of October, 1994
9 00CKETED USHRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'94 E:T 31 P 3 :54 In the Matter of )
) Docket No. 50-458-OLA GULF STATES UTILITIES COMPANY ) 0FFICL CF EEP"E TARY
) Re: License An@Fdk[e'tNC & 'N*N (River Bend Station, Unit 1) ) (Transfer of OwnershihMandh
) Control)
CERTIFICATE OF SERVICE I hereby certify that copies of " Gulf States Utilities Company's Objections to Cajun Electric Power Cooperative, Inc.
Follow-up Discovery Requests dated October 24, 1994 and Motion for a Protective Order" were served on the following, by first class mail, postage pre-paid, this 28th day of October, 1994:
o B. Paul Cotter, Jr., Esq. Docketing and Services Chairman, Atomic Safety Branch and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
- Dr. Richard F. Cole Ann P. Hodgdon, Esq.
Atomic Safety and Licensing Mitzi A. Young, Esq.
Board Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 o Dr. Peter S. Lam ** James D. Pembroke, Esq.
Atomic Safety and Licensing Thomas L. Rudebusch Board Duncan, Weinberg, Miller &
U.S. Nuclear Regulatory Pembroke, P.C.
Commission 1615 M Street, N.W.
Washington, D.C. 20555 Suite 800 Washington, D.C. 20036 o Federal Express (Monday delivery) 00 By messenger
-2 -
Victor J. Elmer Robert B. McGehee, Esq.
Vice President - Operations Wise Carter Child & Caraway Cajun Electric Power 600 Heritage Building Cooperative, Inc. P. O. Box 651 10719 Airline Highway Jackson, Mississippi 39205 Baton Rouge, LA 70895 Office of the Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555
)
Mark J. Vettehhahn Winston & Strawn Counsel for Gulf States Utilities Company l
l i