ML20085A287

Motion for Protective Order Against Joint Applicants & NRC Interrogatories Requesting Info on West Valley Agricultural Protection Council,Inc Members,Acreage,Crop Yields & Profits

ML20085A287
Person / Time
Site:	Palo Verde
Issue date:	06/29/1983
From:	Berlin K WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20085A284	List: ML20085A281 ML20085A287 ML20085A292
References
NUDOCS 8307050247
Download: ML20085A287 (2)

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

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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, Units 2 and 3 )

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WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.'S MOTION FOR PROTECTIVE ORDER West Valley Agricultural Protection Council, Inc. (" West Valley") seeks a protective order from the Board pursuant to 10 C.F.R. 5 2.740(c).

Interrogatories propounded to West Valley by Joint Applicants and the NRC staff seek detailed information concerning West Valley members, their acreage, their crop yields and their profits. It is West Valley's position, as set forth in the attached memorandum, that such discovery is inappropriate:

1. Detailed information about West Valley's members and their farms will not answer the broader question whether PVNGS salt emissions will harm area crops; B307050247 830629 -

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<o 2. West Valley has identified and submitted data on i area agriculture from publicly available records showing acreage devoted to agriculture, acreage devoted to particular. crops, and acreage held by particular farmers (See West Valley's Supplemental Answers to Interrogatories and Exhibit A thereto) that will help to resolve the salt drift impact question without unwarranted intrusion into the operations of individual West Valley members;

3. In their attempts to require West Valley to compile detailed analyses of area crops, Joint Applicants and the NRC Staff would impermissibly shift responsibility for preparing data necessary to full environmental impact analysis from the federal i

agency, to which it is committed by the National Environmental Policy Act ("NEPA"), 42 U.S.C. 4331 et seq., to area residents;

4. Such a shift in responsibility for exploring the salt drift issue both unfairly burdens West Valley members and deprives them of the impartial agency analysis to which they, and the rest of the public, are entitled under NEPA.

West Valley therefore requests that the Board order that i the particulars concerning farm operations of West Valley members are outside the permissible scope of discovery in this proceeding.

Respectfully submitted, Dated: u D dV3 By / <- - C '- b 2^^

Kenneth Berlin f Attorney for Intervenor West Valley

Agricultural protection Council, Inc.

2550 M Street, N.W.

Washington, D.C. 20037 (202) 429-8501

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