ML20081A261

Interrogatories & Request for Production of Documents on Eddleman Contention 8F(1).Related Correspondence

ML20081A261
Person / Time
Site:	Harris
Issue date:	10/21/1983
From:	Carrow H CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Eddleman W EDDLEMAN, W.
Shared Package
ML20081A264	List: ML20081A261 ML20081A286
References
ISSUANCES-OL, NUDOCS 8310260202
Download: ML20081A261 (6)

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00'.KETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOJ. 3 OCT 25 A11:23 BEFORE THE ATOMIC SAFETY AND LICENSING:BOARDE C Rii..

00CKElire & SEN.-

BRANCH In the Matter of )

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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' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON EDDLEMAN CONTENTION 8F(1)(SECOND SET)

Pursuant to 10 C.F.R. SS 2.740(b) and 2.741, Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby request that Intervenor Wells Eddleman answer separately and fully in writing, and under oath or affirmation, each of the following interrogatories, and produce and permit inspection and copying of the original or best copy of all documents identified in the responses to interrogatories below. Under the Commission's Rules of Practice, answers or objections to these interrogatories must be served within 14 days after service of the interrogatories; responses or objections to the request for production of documents must be served within 30 days after service of the request.

These interrogatories are intended to be continuing in nature, and the answers should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.R. S 2.740(e), should you or any individual acting on your behalf obtain any new or differing information responsive to these interrogatories. The request for production of documents is also continuing in nature and you must produce immediately any additional documents you, or any individual acting on your behalf, obtain which are responsive to the request, in accordance with.the provisions of 10 C.F.R. S 2.740(e).

8310260202 831021 PDR ADOCK 05000400 356

Where identification of a document is requested, briefly describe the document (g., book, letter, memorandum, transcript, report, handwritten notes, test data) and provide the following information as applicable: document namc, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the person or persons having possession of the document. Also state the portion or portions of the document (whether section(s), chapter (s), or page(s)) upon which you rely.

Definitions: As used hereinafter, the following definitions shall apply:

" Applicants" is intended to encompass Carolina Power & Light Company, North Carolina Eastern Municipal Power Agency and their contractors for the Harris Plant.

" Document (s)" means all writings and records of every type in the possession, control or custody of Wells Eddleman or any individual acting on his behalf, including, but not limited to, memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings and all other writings or recordings of any kind;" document (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of Mr. Eddleman; a document shall be deemed to be within the

" control" of Mr. Eddleman or any individual acting on his behalf if he has ownership, possession or custody of the document or copy thereof, or has the right to secure the document or copy thereof, from any person or public or private entity having physical possession thereof.

GENERAL INTERROG ATORIES ,

1(a). State the name, present or last known address, and present or last employer of each such person, other than affiant, who provided information upon which you relied in answering each interrogatory herein, or who otherwise assisted you in answering each interrogatory heroin.

(b). Identify all such information which was provided by each such person and the specific interrogatory response in which such information is contained.

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(c). For each such person who provided you with information upon which you relied in answering any interrogatory herein or who assisted you in answering any interrogatory herein and who is an expert (i) provide that person's expertise and facts supporting his expertise, (ii) if that person has been " retained or specially employed," state in detail the facts underlying any " retained or specially employed status,' (iii) if that person's identity is being withheld, (A) explain the need to withhold such person's identity, (B) state the protection or privilege upon which you rely in withholding the person's identity (see Licensing Board's Memorandum and Order of May 27, 1983).

(d). For each such person who provided you with information upon which you relied in answering any interrogatory herein or who assisted you in answering any interrogatory herein and who is no't an expert, identify that person in accordance with the Licensing Board's Memorandum and Order of May 27,1983.

2(a). Identify all documents in your possession, custody or control, including all relevant page citations, upon which you relied in answering each interrogatory herein.

(b). Identify the specific interrogatory response (s) to which each such document related.

3(a). Identify any other source of information, not previously identified in response to Interrogatory 1 or 2, which was used in answering the interrogatories set forth herein.

(b). Identify the specific interrogatory response (s) to which each such source of information relates.

INTERROGATORIES ON EDDLEMAN CONTENTION 8F(l)(SECOND SET) 8F(l)-14(a). Have you ever intervened, submitted comments, given testimony, or otherwise participated in any Environmental Protection Agency (EPA) rulemaking proceeding regarding development of ambient air quality standards?

(b). If the answer to (a) is affirmative, please provide the date, location, and subject

- matter of each proceeding, and describe in detail the extent of your participation in each, including the substance of your comments, testimony, or filed documents.

8F(l)-15(a). Have you ever communicated with the Administrator, U.S.

Environmental Protection Agency or members of the Clean Air Act Scientific Advisory Committee [CAA, Section 109(d)(2)] at any time or in any manner in regard to matters related to the national ambient air quality standards for particulate matter?

(b). If the answer to (a) is affirmative, please identify the date(s) and person (s)

(including employer and title) with whom those communications were held. Also, please indicate whether such communications were written or verbal, and if verbal, please provide the substance of such communication.

8F(1)-16. Please describe in detail the changes you believe would be necessary to the primary and secondary air quality standards set by the EPA in order for those i standards to adequatdly protect the~ public health and safety.

8F(l)-17. Pleas,e describe in detail the administrative changes you believe would be necessary to the regulatory structure adopted under the Clean Air Act (42 U. S. C.

S 7401 et sea) in order to protect the public health and safety.

8 F(1)-18. In your response to Interrogatory 8F(1)-2(a)it is stated that ' Death rates as high as 1 in 50 for arsenic emissions. . . have reportedly been proposed by EPA Administrator Ruckelshaus. . . ." Please provide the source of this statement in detail including any study or report, by author, title, and date.

8F(l)-19. Also in your response to Interrogatory 8F(l)-2(a) it is stated that " Death rates as high as . . 1 in 1000 (per human lifetime) for radon emissions have reportedly been proposed by EPA Administrator Ruckelshaus, for example." Please provide the

! source of this statement in detailincluding any study or report by author, title, and date.

8F(1)-20. Please state all facts and identify all technical analysis methods and sources of information which support your statement given in response to Interrogatory 8F(l)-3 that " Emissions of particulates in the amount per 45 MWe given in Table S-3, from a (say) 720-MW plant (16 times as much), would likely violate ambient air quality standards for particulates if the location of such a plant had typical other particulate loadings in its air." Your response should identify the specific numerical concentrations 4

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of particulates which you believe would accurately represent the maximum human exposure for any year or any 24-hour period as a result of emission levels given in Table S-3, as well as identify concentrations for each such aver. aging period (year or 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) which you believe are technically supported as " typical of other particulate loadings in its air."

8F(l)-21. For each of the health effects identified in your response to interrogatory 8F(l)-6, quantify the incidence or prevalence of the effect which in your opinion would be directly attributable to the level of particulate emissions given in Table S-3, and provide all references and calculations which you used to develop and would allege support such information.

8F(l)-22(a). Do' you believe there are chemical elements or compounds which comprise the particulates identified in Table S-3 and have individually,or in combination with other elements or compounds, been demonstrated to be adverse to human health?

(b). If your response to (a) above is affirmative, please identify each of the elements, compounds, or combinations thereof which in your opinion have been demonstrated to be adverse to human health.

(c). For each of the elements, compounds, or combinations thereof given in (b) above, please identify average air concentrations and exposure durations which in your opinion would not result in any adverse effect on human health.

8F(l)-23(a). Do you possess any studies, not previously identified in your responses to Applicants' Interrogatories on Contention 8F(l) dated October 6,1983, which support your assertion that as presently administered, the regulatory structure adopted under the Clean Air Act (42 U. S. C. S 7401 et seo)is "NOT protecting the health and safety of the public"?

(b). If the answer to (a) above is affirmative, please provide your best estimate as to the number of such studies you possess.

(c). If the answer to (a) above is affirmative, would you permit Applicants to review your documents in an effort to locate and review such studies?

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8F(l)-24(a). Do you possess any studies, not previously identified in your responses to Applicants' Interrogatories on Contention 8F(l) dated October 6,1983, related to the health effects of coal-fired power plant emissions?

(b). If the answer to (a) above is affirmative, please provide your best estimate as to the number of such studies you possess.

(c). If the answer to (a) above is affirmative, would you permit Applicants to review your documents in an effort to locate and review such studies?

8F(1)-25(a). Do you have any person working with you or for you in any capacity (including employee, consultant, etc.) who may be considered an expert in the health effects of coal-fired ' power plant emissions?

(b). If the answer to (a) above is affirmative, how many such persons do you have working with you or for you?

This is the 21st day of October.

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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