ML20091L086

First Set of Interrogatories & Request for Production of Documents to State of La & Joint Intervenors on Safety Contentions 1 & 2.Svc List Encl.Related Correspondence

ML20091L086
Person / Time
Site:	River Bend
Issue date:	06/05/1984
From:	Wetterhahn M CONNER & WETTERHAHN, GULF STATES UTILITIES CO.
To:	LOUISIANA, STATE OF
References
OL, NUDOCS 8406070331
Download: ML20091L086 (13)

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% 7tATED CCW WDEN 00CKETED USNPC UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION

'84 JUN -7 N0 :33 Before the Atomic Safety and Licensing Board; I['

In the Matter of )

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Gulf States Utilities Company, ) Docket No. 50-45800-et al. ) 50-459 O

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(River Bend Station, Units 1 and 2) )

APPLICANTS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PEODUCTION OF DOCUMENTS TO STATE OF LOUISIANA AND JOINT INTERVENORS ON SAFETY CONTENTIONG 1 & 2 Pursuant to the Rules of Practice of the Nuclear Regu-latory Commission ("NRC"), 10 C.F.R. 52.740 (b) , and the Atomic Safety and Licensing Board's Memorandum and Order (May 3, 1984), Gulf States Utilities Company, et al. ("Ap-plicants") hereby propound the folloaing interrogatories to the State of Louisiana and Joint Intervenors to be answered fully in ariting, under oath, in accordance aith the defini-tions and instructions beloa.

Additionally, pursuant to 10 C.F.R. 52.741, Applicants request that the State of Louisiana and Joint Intervencrs produce for inspection and copying (or provide copies of) those documents designated by the State of Louisiana and Joint Intervenors in their respective ansaers beloa.

Definitions and Instructions

1. For each interrogatory, please state the full name, business address, and title or position of each person 8406070331 840605 PDR 0 ADOCK 05000450 PDR -

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b providing information, expert opinion, and other supporting data, for the ansaer to the interrogatory.

2. The folloaing definitions shall apply:

a.- " Joint Intervenors" shall refer to Louisiana Consumers League, Inc.;

Louisianans for Safe Energy, Inc.; and Gretchen Reinike Rothschild as consol-idated by the Licensing Board in its

. Memorandum of August 26, 1983.

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b. " Document" shall mean any aritten, printed, typed, or other graphic matter of any kind or nature, and all mechan-ical and electronic sound recordings or transcripts thereof, in the possession, custody, or control of Joint Inter-venors, or their officials, employees, or agents; it shall also mean all copies or drafts of documents by ahatsoever means made,

c. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not ascertainable, the best ap-proximation (including the event's relationship to other events in the relevant context of the interrogatory).

d. "NRC" or " Commission" shall mean either the Atomic Energy Commission or the Nuclear Regulatory Commission, as appropriate, including its regulatory staff and adjudicatory boards, as indicated by the context of the inter-rogatory.

e. "Specify," ahen referring to a proceeding before the Nuclear Regulatory Commission,_means that the ansaer shall set forth the proceeding, applicant, docket number, relevant date, and any other descriptive information appropri-ate to the request.

f. "Specify" or " identify," ahen referring to an individual, corporation, or other entity, means that the ansaer shall set forth _the name, present or last known business address, and, if a corporation or other entity, its

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principle place of business, or, if an individual, his or her title or titles i

and employer. Once an individual, corporation, or other entity has been

- identified in ansaer to an interroga-l tory, it shall be sufficient thereafter

ahen identifying that individual, corpo-ration, or other entity to state merely his, her, or its name.

F g. " Basis" shall mean any document (as

defined in 2(b) above), analysis, study, reference, or source upon ahich Joint Intervenors rely for any assertion in the contentions or which aill be re-

ferred to or used in cross-examination

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of Applicants' aitnesses.

3. These interrogatories request all knoaledge and

[ information in the possession of the State of Louisiana and i Joint Intervenors and/or knoaledge and information in the E

possession of the agents, representatives, consultants, and, i

F unless privileged, attorneys of the State of Louisiana and Joint Intervenors.

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General State ahether you intend to present any expert 4.

l aitnesses on Contentions 1 or 2, as restated and renumbered 6 by the Licensing Board in its Memorandum dated August 26, 1983 (slip op. at 25). If so, identify each expert aitness and state (a) his professional qualifications; (b) the h

subject matter on which the expert is expected to testify; L

(c) the substance of the facts and opinions which the expert is expected to offer; (d) the grounds for each opinion.

4 Identify by court, agency, or other body each proceeding in ahich the expert rendered testimony on the same subject (s).

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5. State .shether you intend to present any factual

sitnesses on' Contentions 1 or 2. If so, identify each f actual - sitness and state (a) his professional qualifica-tions; (b) the subject matter on. shich the sitness is 1

4xpected to testify; (c) the substance of the facts to shich the sitness is expected to effer. Identify by court, agency, or other body each proceeding in' shich such indi-vidual rendered testimony on the same subject (s) .

6. Identify by - title, author, publisher and date of

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issuance or publication, -all documents you rely upon as a

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' I basis for your contentions or that you intend to use in your direct case or in cross-examining other sitnesses on Con-tentions 1 or 2.

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7. If your ansser to any. interrogatory belo a is-based

upon one or more documents, identify each document, the specific information upon shich you rely, and ' explain hos the information provides a basis for your 'ansser.- In each

'such ansser, specify the interrogatory to. shich you are

. responding.

8. .If - your. anseer to any interrogatory --is based upon

' any ' study , . calculation', research~or analysis, describe and any- documents- discuss

[ -identify shich or describe- 'it.

' Include - the identity of the person (s)' ~ or; entity (ies) .

sho l ' performed ~ the study, - calculation, research or . analysis, a detailed.. description of - the information- it . contains, its

!- Jresults,,'and cexplain '.hos -it~. provides:'a basis .

for your 4

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ansaer. In each such ansaer, specify the interrogatory to ahich you are responding.

9. If your answer to any interrogatory is based upon consultations or correspondence eith one or more individuals or entities, identify each individual or entity, his educa-

'lonal and professional background (including occupation and institutional affiliations). Describe the nature and substance of each communication, including time and context, and hos such information provides a basis for your answer.

In each such ansaer, specify the interrogatory to ahich you are responding.

10. If you possess information or documents expressing facts or opinions relevant to the specific interrogatories beloa, but ahich do not support your position or have not othersise been fully provided in other answers, provide such information and documents. Specify the interrogatory to ahich you are responding.

Contention 1

11. Specify all applicaole NRC regulations, General Design Criteria or other regulatory requirements or guidance pertaining to protection of nuclear facility components and systems against infestation and/or control of the Asiatic Clam which you assert are applicable to the River Bend

' Station.

12. Specify each section of the River Bend Final Safety Analysis Report ("FSAR") or - correspondence eith the NRC, including Applicants' responses to Staff questions, ahich a

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b you assert may be relevant to consideration of the pro-tection of the facility against Asiatic Clams. Specify any failure to meet the regulatory requirements set forth in response to Interrogatory 11.

13. State the basis upon ehich you rely for the as-sertion that Applicants have failed to provide adequate assurance that River Bend Station components and systems relying on Mississippi River dater for their operation sill be adequately protected against infestation of Asiatic Clams.

14. Describe your knosledge regarding the presence of the Asiatic Clam on any type of intake or other facility on the Mississippi River, the facility affected, its location, the date on which the infestation das first discovered, the manner in ahich such facility is affected by the Asiatic Clam, and measures taken by the facility to prevent or mitigate infestation and the success of such measures.

15. Specify the preventative measures undertaken by Applicants to protect River Bend Station components and systems relying on Mississippi River sater against

' infestation by Asiatic Clams. Provide your opinion and the basis for your opinion as to their effectiveness.

16. Specify and describe in detail ahy you allege these preventative measures are insufficient.

17. Specify each River Bend Station system,-component, or other part relying on Mississippi River sater # hose operation or performance you allege sill be inadequately

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protected against infestation by Asiatic Clams. As to each such system, component or other part, specify through ahat physical pathsay and at ahat life cycle stage the Asiatic Clam aill manifest itself, the extent its presence aill affect the part's intended safety function, and the measures l ahich you contend should be taken as appropriate preventa-tive, mitigative, and/or corrective action.

18. Describe in detail the factual basis for your assertion that the Asiatic clam aill be present in suffi-cient mass to affect the operation and performance of any system, component or part discussed above.

19. Specify the safety funct.*ons of each component and system identified in response to Interrogatory 17.

20. Do you allege that there are no other safety systems that can assure the safety functions of each compo-nent and system identified above? If so,' state the documen-tary or other basis upon ahich you rely for this position.

21. Specify the inspection and maintenance measures undertaken by Applicants to assure that the safety functions of each component and system identified above can be imple-mented.

Contention 2

22. State the basis upon which you rely for your assertion that there is a high probability of failure of the Old River Control Structure. Identify and describe all studies, calculations or analyses as to the likelihood of a partial or total failure of the Old River Control Structure

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over the operating -lifetime of the River Bend Station.

Describe the _ mechanism for such failure and include any predictions or estimate as to the date or timing of such failure.

23. -State the basis for your assertion that the probability of failure of the Old River Control Structure is sufficiently high that- the consequences of operating the River Bend Station follosing such failure must be con-sidered, giving the threshold value for such consideration in terms of numerical probabilities and the basis for such selection.

24. Explain your understanding as to any plans for repair, replacement and/or augmentation of the Old River Control Structure, including the scheduled date for such action, -shich sould prevent or mitigate the effect of a partial or total failure.-

25. Provide a time estimate for repair or replacement of any part of the Old River Control Structure you assert may fail.

26. Explain why current plans for repair, replacement-and/or augmentation.of the Old River Control Structure - are inadequate'to prevent.its partial or total failure.

,27. -Explain hos current plans for repair, replacement and/or augmentation affect your estimates of-the probability of partial or total' failure of: the Old River. Control Struc--

ture over.the operating. lifetime of the River-Bend Station.

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28. For each mode of partial or total failure iden-tified in response to the interrogatories above, identify and describe in detail any study or analysis regarding altered river flos and salinity condicions of all af fected bodies of sater, including the resulting impacts upon the safety of the River Bend Station and a quantitative or qualitative description of the time necessary to reach steady state conditions regarding these parameters.

29. If you contend that the partial or total failure of the Old River Control Structure #ill affect the safe opera-tion of River Bend (including safe shutdoan and its mainte-nance in that condition), identify the systems, components or parts af fected and specify the exact means by shich the safety of the . facility sould be affected. Specify all applicable NRC regulations, General Design Criteria or other regulatory requirements or guidance ahich you assert are applicable to the prevention or mitigation ' of any safety hazards.

30. Specify each section of the River Bend FSAR or other correspondence #ith the NRC, including Applicant's responses to staff questions, ahich you assert may be relevant to consideration of possible failure of the Old River Control Structure. Specify, to the extent applicable, any failure to meet the regulatory requirements set forth in response to Interrogatory 29.

31. Specify every change in design, construction or operation of the River Bend Station 4hich you contend should

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be taken to assure safe operation of the River Bend Station should partial or total failure of the Old River Control Structure occur, including the design, construction, instal-lation, testing and delay costs associated with each change.

32. Specify, the " cost" ahich should be attributed to the potential of failure of the Old River Control Structure, including potential consequences to the environment and the public health and safety, in the final cost / benefit analysis to be performed by the NRC.

33. Specify and describe in detail the volume of gater i

that sould be diverted in the event the Old River Control Structure failed as you allege.

34. Specify and describe in detail the course you allege the diversion sould take, ahether into the Atchafalaya or Mississippi Rivers.

35. Specify and describe in detail the effects on river floa and salinity you allege sould occur in the event of failure.

36. Specify the floa in the river at approximately River Mile 262 in the event of failure of the Old River Control Structure.

37. Specify the change in the salinity of the river you allege sould take place as a result of the failure of the

- Old River Control Structure.

Reouest for Production of Documents Please attach to your answer (s) to the interrogatories listed above a copy of all documents applicable to such se um i

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ansaer(s), ehether or not supportive of your position, or upon which you otheraise intend to rely in the presentation of your direct case or in examination of other aitnesses. ,

Alternatively, state that all such documents sill be produced at a reasonable time and place to be agreed upon by the Applicants for inspection and copying.

Respectfully Submitted, CONNER & WETTERHAHN, .C.

Mark J. Wetterhahn k Jessica H. Laverty Counsel for the Applicants June 5, 1984

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

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GULF STATES UTILITIES ) Docket Nos. 50-453 OL COMPANY, et al. ) 50-459 OL

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(River Bend Station, Unit 1 )

and 2. )

SERVICE LIST I hereby certify that copies of " Applicants' First Set of Interrogatories and Request for Production of Documents to State of Louisiana and Joint Intervenors on Safety Contentions'l & 2," dated June 5, 1984 in the captioned matter, have been served upon the following by deposit in the United States mail this 6th day of June, 1984:

B. Paul Cotter, Jr., Esq. James W. Pierce, Jr., Esq.

Chairman, Atomic Safety and P.-O. Box 23571 Licensing Board Baton Rouge, LA 70893 U.S. Nuclear Regulatory Commission Stephen M. Irving, Esq. 355 Washington, D.C. 20555 Napoleon Street Baton Rouge, LA 70802 Judge Gustave A. Linenberger Atomic Safety and Licensing William Guste, Jr., Esq.

Board Attorney General U.S. Nuclear Regulatory State of Louisiana Commission 234 Loyola Avenue Washington, D.C. 20555 Ne# Orleans, LA 70112 Dr. Richard F. Cole Docketing & Service Section Atomic Safety and Licensing U.S. Nuclear Regulatory Commission

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Board U.S. Nuclear Regulatory Washington, D.C. 20555 Commission

' Washington, D.C. 20555 J.-David.McNeill, III Nuclear ~ Energy Division David A. Repka, Esq. Louisiana Department of Counsel for NRC Staff Environmental Quality

-Office of the Executive P.O. Box-14690 Legal Director 7434 Perkins Road U.S. Nuclear Regulatory Baton Rouge, LA 70898 Commission Washington, D.C. 20555

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. Linda B. Watkins, Esq. Gulf States Utilties 355 Napoleon Street Company Baton Rouge, LA 70802 Attn: Mr. James E. Booker Manager - Engineering and Licensing P. O. Box 2951

- Beaumont, Texas 77704

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-vl.se e Jessica H. Lavegy 4

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