ML20094H765

Interrogatories Re Identification,Qualifications & Role of Expert on Diesel Generator Contention.Certificate of Svc Encl.Related Correspondence

ML20094H765
Person / Time
Site:	Catawba
Issue date:	08/10/1984
From:	Carr A DUKE POWER CO.
To:	PALMETTO ALLIANCE
Shared Package
ML20094H734	List: ML20094H732 ML20094H752 ML20094H765
References
OL, NUDOCS 8408140115
Download: ML20094H765 (7)

Text

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REL/iTED w,d.iCMOSiQ UNITED STATES OF AMERICAN NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAhhg[0

'84 Ag g3 p,, 30 In the Matter of ) ornne e

. DUKE POWER COMPANY; et a1.

) UCCE$id k DocketN6S'yc"S$0C413

)

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

APPLICANTS' SUPPLEMENTAL INTERROGATORIES DIRECTED TO INTERVENORS CONCERNING THE IDENTIFICATION, QUALIFICATIONS AND ROLE OF INTERVENORS' EXPERT ON THE DIESEL GENERATOR CONTENTION Applicants on July 18, 1984 served interrogatories on Intervenors in an attempt to ascertain the qualifications and role of Intervenors' named diesel expert, Dr. Robert Anderson.

Responses were due August 6, 1984. In his August 1, 1984 letter l-

-to the Board, counsel for Palmetto Alliance indicated that Dr. Anderson would not be available to assist Intervenors in their case. Subsequently, in the conference call of the Board and l parties held August 8, 1984, it became clear that responses to Applicants' interrogatories would not be forthcoming. Based upon l

Intervenors' actions and representations, it is apparent that

Intervenors have chosen to exercise the second option for l

continued viability of the contention contained in the Board's

! July 20, 1984 Order, i.e., "[b]y August 20, 1984, [to] prepare and have in the hands of the Board and Parties a reasonably l-detailed statement of their technical positions . . . . Based 8408140115 840810 l gDRADOCK05000

upon Intervenors' exercise of this option, Applicants' serve upon Intervenors these supplemental interrogatories. Applicants note that discovery does not close until August 15, 1984. The

responses requested are not onerous and Intervenors should be in i

a position to file responses by that date.

4 The Board has repeatedly conditioned continued viability of the contention upon Intervenors obtaining qualified expertise. As the Board reiterated in its July 20, 1984 Order at p. 2:

We stated in admitting the diesel generator contention that --

"We do not believe the present Intervenors can make a substantial contribution to these technical issues unless they are prepared to present expert testimony or at least have expert assistance in their cross-examination."

The Board further stated at pp. 4-5 of its July 20,1984 Order:

i i As- we envision it, the statement of technical ,

position outlined in option 2 would have to be prepared with substantial assistance from qualified experts. In this . regard, the Intervenors must bear in mind that in moving admission of this. late contention, the burden is

[ on them as movants to show that their participation "may I reasonably be expected to assist' in developing a sound

~ record." 10 C.F.R. $ 2.714(a)(1)(iii). .Given the technical- nature of the issues involved, the Intervenors' effort ' to date to meet that burden -- with

' technical assistant limited to whatever Dr. Anderson.

might. do. [i.e. , merely lending his name] -- is patently inadequate. See Washington Public Power Supply System (WPPSS Nuclear Project No. 3), 18 NRC 1167, 1177. In any ' event, preparing a statement o

~ f positions involves no additional burden, because. the same ' (and more) work would have to be done in order to make a contribution at the hearing. Also, see.Tr. 12,788.

Thus, the Board has made clear that substantial expert assistance is essential to Intervenors' ability to contribute to the proceeding on complex technical issues such as the diesel generator contention. The Board and Parties are entitled to'know if such expertise' is .to be applied. These interrogatories are intended to elicit the status of the condition for the continued viability of the contention.

- , , ,-- .,-,-.-y , y, --p+,. - , - - . - , - . - ,,. , , y--

INTERROGATORIES Pursuant to 10 C. F. R. 6 2.740b, Applicants request full and complete answe . to the following interrogatories.

l '. State- .the name, occupation, and professional qualifications of the expert (s) Intervenors will employ or otherwise consult in preparing their technical position paper. Provide a resume (s) for such expert (s).

2. Will the expert designated above review the technical position document after it has been prepared by Intervenors?

3. Will the expert designated above assist in actually drafting- the technical position document? If so, sp. cify the role which the expert will play in drafting Intervenors' position on each matter to be addressed in the document.

4. Will the expert designated above be present at the hearing on the diesel generator contention?

5. Will the expert designated above testify at the hearing on the diesel generator contention?

6. Will the - expert desi gnated above assist Intervenors in conducting cross-examinatinn?

5'-

7. Has the designated expert read the meeting notes of Applicants' March 21 meeting with the NRC Staff, Applicants' reports of April 5, June 1 and June 29, Applicants' letter of July 6, 1984 to the NRC, Applicants' letter of July 16, 1984 to the NRC, and the August 1984 Technical Evaluation Report prepared by Pacific Northwest Laboratories? If not, will the expert have read such reports in providing assistance in preparing Intervenors' technical position paper?

8. . In what proceedings, if any, involving TD1 diesel generators employed in nuclear applications has the expert designated above participated as an expert?

Respectfully su mitted, A

Albert V. Car , Jr.

August /O , 1984

, - L g)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER COMPANY, et al. ) Docket No. 50-413

) 50-414 (Catawba Nuclear Station )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " APPLICANTS' SUPPLEMENTAL RESPONSE TO ' PALMETTO ALLIANCE AND CAROLINA ENVIRONMENTAL STUDY GROUP'S INTERROGATORIES AND REQUESTS TO PRODUCE DOCUMENTS ON DIESEL GENERATORS CONTENTIONS TO APPLICANTS AND NRC STAFF' and 'CESG'S INTERROGATORIES TO DUKE POWER REGARDING EMERGENCY DIESEL CONTENTIONS ADMITTED BY ATOMIC SAFETY AND LICENSING BOARD'" and " APPLICANTS' SUPPLEMENTAL INTERROGATORIES DIRECTED TO INTERVENORS CONCERNING THE IDENTIFICATION, QUALIFICATIONS AND RCLE OF INTERVENORS' EXPERT ON THE DIESEL GENERATOR CONTENTION" in the above-captioned matter, have been served upon the following by deposit in the United States mail, first class, this 10th day of August, 1984.

James L. Kelley, Chairman Richard P. Wilson, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel State of South Carolina U. S., Nuclear Regulatory Commission Post Office Box 11549 Washington, D. C. 20555 Columbia, South Carolina 29211 Dr. Paul W. Purdom Robert Guild, Esq.

235 Columbia Drive Attorney-at-Law Decatur, Georgia 30030 Post Office Box 12097 Charleston, South Carolina 29412 Dr. Richard F. Foster Palmetto Alliance Post Office Box 4263 2135 1/2 Devine Street Sunriver,- Oregon 97702 Columbia, South Carolina 29205

Chairman Jesse L. Riley Atomic Safety and Licensing 854 Henley Place Board Panel Charlotte, North Carolina 28207 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 J. Michael McGarry III, Esq Anne W. Cottingham, Esq.

Bishop, Liberman, Cook, Furcell and Reynolds Chairman 1200 Seventeenth Street, NW Atomic Safety and Licensing Washington, D.C. 20036 Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George E. Johnson, Esq. Karen E. Long Office of the Executive Legal Assistant Attorney General Director N. C. Department of Justice U. S. Nuclear Regulatory Commission . Post Office Box 629 Washington, D.C. 20555 Raleigh, North Carolina 27602 William L. Clements, Chief Don R. Willard Docketing and Service Section Mecklenburg County U. S. Nuclear Regulatory Department of Environmental Commission Health Wsshington, D.C. 20555 1200 Blythe Boulevard Charlotte, North Carolina 28203 John Clewett, Esq. Spence Perry, Esquire 236 Tenth Street, S.E. Associate General Counsel Washington, D.C. 20003 Federal Emergency Management Agency Room 840 500 C Street, S.W.

Washington, D.C. 20472 l

l t

Albert Y. arr, Jr.

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