ML20087M759

Response to Air & Water Pollution Patrol (Awpp) 840319 Motion to Require Further Depositions Re Contention VI-1. Awpp Failed to Support Request for Relief & Motion Should Be Denied.W/Certificate of Svc.Related Correspondence

ML20087M759
Person / Time
Site:	Limerick
Issue date:	03/27/1984
From:	Wetterhahn M AFFILIATION NOT ASSIGNED, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20087M757	List: ML20087M756 ML20087M759
References
NUDOCS 8403300274
Download: ML20087M759 (7)

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'84 UNITED STATES OF AMERICA MJg NUCLEAR REGULATORY COMMISSION O,h: !c.4// f7I Co[yC itj,..

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B'efore the Atomic Safety and Licensing Boa d$ , 'h In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S RESPONSE TO AWPP MOTION TO REQUIRE FURTHER DEPOSITIONS REGARDING CONTENTION VI-l i

By pleading dated March 19, 1984, intervenor Air and Water Pollution Patrol ("AWPP") moved the Atomic' Safety and Licensing Board (" Licensing Board" or " Board") to require that another prehearing conference on Contention VI-l be held.1 Applicant, Philadelphia Electric Company, opposes the relief sought.

The Licensing Board, in response to various motions of AWPP regarding requests for extension of the discovery period and to compel discovery relating to Contention VI-1, permitted AWPP to take depositions of Philadelphia Electric Company personnel in order to allow followup questioning related to specific responses to interrogatories which AWPP l

1/ The title of the pleading indicates that AWPP may be

, requesting in the alternative that the Board order that l further unspecified depositions be permitted.

8403300274 B40327 PDR ADOCK 05000352 l 0 PDR.

y had moved to compel further responses.2/ The Board specifically permitted Applicant to choose the individuals to be deposed. The only limitation was that the individuals collectiv.ely were to have knowledge of the disputed interrogatories such that they could explain and, as 3

necessary, supplement the written answers.3/

On Wednesday, March 14, 1984, the day before the deposition was scheduled, AWPP's representative, Mr. Romano, telephoned counsel for the Applicant. Mr. Romano specifically requested that Mr. Vincent S. Boyer, Senior

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Vice President of Philadelphia Electric Company, be one of I the deponents. At that time, counsel for Applicant cited Mr. Romano to the transcript of the prehearing conference which contained the Board's ruling that Applicant could decide who would be deposed and which explained the purpose of such depositions.b It was emphasized to Mr. Romano that Applicant considered the Board to have required a deposition of certain of its employees for a limited purpose but had not required any NRC employees to be deposed. Further, no 2/ Order Confirming Miscellaneous Oral Record Rulings (March 15, 1984) (slip , op. at 4-5). The Licensing Board never concluded that any of the disputed responses were in fact deficient and had found that the samples that it had examined were responsive to the interrogatories _ asked (Tr. 8306).

t 3,/ Tr._8308-09.

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interrogatories had been posed to the NRC Staff. A legal representative of NRC Region I took a similar position at ,

I the deposition.

While not required to accede to this request, Applicant provided Mr. Boyer and Mr. David Clohecy as deponents to respond to the disputed interrogatories. AWPP provided a court reporter; the deposition of the panel consumed approximately three hours.

Substantially the entire deposition was related to questioning by Mr. Romano on the Inspection Report 76-06-01.

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Applicant notes that the disputed interrogatories were not i related directly to this matter, but that it did not object to Mr. Romano's inquiries.

The assertion that Mr. Clohecy " continued to avoid answering questions by repeatedly asking that the question be reasked" and .that " [hl e avoided answering directly . . ., is not supported by the record ' of the deposition. Mr. Romano has not pointed to any specific instance where answers -were not fairly provided.EI Applicant asserts that many of Mr. Romano's questions.were compound and difficult to comprehend. In any event, Mr.

' 5_/ The deposition has apparently not yet been transcribed.

a Romano was able to reframe questions so that he could obtain whatever additional responses he deemed necessary.6/

Mr. Romano appears to object to the substantive answers he receiv.ed. He had every opportunity to follow up on these matters and these responses may be used during the hearing for any legitimate purpose. However, the fact that he is ultimately unsatisfied with the response does not require either an additional prehearing conference or that further depositions be held. There is absolutely no grounds for the assertion that the deponents provided were unable to respond

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to all questions asked, even though the' scope of the i deposition clearly went beyond clarification and followup on the disputed responses to the interrogatories.

AWPP has failed to support its requests for relief.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

MA'5, VM/

Mark J. Wetterhahn Counsel for the Applicant March 27, 1984 l

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l 6/ The Board has also stated that it would not entertain a l- further motion to compel (Tr. 8310).

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

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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 " Transmittal of Quality Assurance Audits Regarding Colt Industries, Fairbanks Morse Engine Division, Diesel Generators for Limerick G,enerating Station" (without enclosures) and " Applicant's Response to I AWPP Motion to Require Further Depositions Regarding Contention VI-1" both dated March 27, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 27th day of March, 1984:

• Lawrence Brenner, Esq. (2) Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission '

Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section

• • Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office

• • Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory ' Commission Commission -Washington, D.C. 20555 Washington, D.C. 20555

• Hand Delivery (with enclosures)

• • Hand Delivery l

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Atomic Safety and Licensing Steven P. Hershey, Esq.

Board Panel Community Legal U.S. Nuclear Regulatory Services, Inc.

Commission Law Center West North Washington, D.C. 20555 5219 Chestnut Street

. Philadelphia, PA 19139 Philadelphia Electric Company ATTN: Edward G. Bauer, Jr. Angus Love, Esq.

Vice President & 107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore,'PA 19003 61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Mr. Robert L. Anthony Hellegers Friends of the Earth of 16th Floor, Center Plaza the Delaware Valley 101 North Broad Street 106 Vernon Lane, Box 186 Philadelphia, PA l'9107 6 Moylan, Pennsylvania 19065 Director, Pennsylvania Mr. Marvin I. Lewis Emergency Management Agency 6504 Bradford Terrace Basement, Transportation Philadelphia, PA 19149 and Safety Building Harrisburg, PA 17120 Phyllis Zitzer, Esq.

Limerick Ecology Action Martha W. Bush, Esq.

P.O. Box 761 Kathryn S. Lewis, Esq.

762 Queen Street City of Philadelphia Pottstown, PA 19464 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq. Philadelphia, PA 19107 Brose and Postwistilo 1101 Building lith & Spence W. Perry, Esq.

Northampton Streets Associate General Counsel Easton, PA 18042 Federal Emergency Management Agency Zori G. Ferkin, Esq. 500 C Street, S.W., Rm. 840 Assistant Counsel Washington, DC 20472 Commonwealth of Pennsylvania Governor's Energy Council Thomas Gerusky, Director 1625 N. Front Street Bureau of Radiation Harrisburg, PA 17102 Protection Department of Environmental Resources

• Sth Floor, Fulton Bank Bldg.

Third and Locust Streets Harrisburg, PA 17120

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e 3-Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 James Wig' gins Senior Resident Inspector

- U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 ~

l Roddrt M. Rader-r l

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