ML20094L794
| ML20094L794 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 08/14/1984 |
| From: | Swiger M CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8408150467 | |
| Download: ML20094L794 (5) | |
Text
QfAp REUsTED CC.EESPONDENCE, August 14, 1984 UNITED STATES OF AMERICA
'C bOCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licen ing arall:15 t ry-In the Matter of
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g THE CLEVELAND ELECTRIC
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Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.,
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50-441 O L,
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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APPLICANTS' ANSWER TO OCRE MOTION TO REOPEN DISCOVERY ON ISSUE NO. 8 By motion of July 30, 1984, Intervenor Ohio Citizens for Responsible Energy ("OCRE") asks the Licensing Board to reopen discovery on Issue No. 8, concerning hydrogen control.b!
OCRE moves that:
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Discovery on this issue has been closed since September 30, 1982.
See Tr. 753.
Applicants' initial discovery responses on Issue No. 8 were filed on October 29, 1982.
See Applicants' Answer to Ohio Citizens for Responsible Energy Fif th Set of l
Interrogatories to Applicants (October 29, 1982).
Applicants filed supplemental answers to these discovery responses on February 29, 1984.
See Applicants' Supplemental Answers to Interrogatories on Issue Nos. 6, 8 and 15 (February 29, 1984).
The Licensing Board has deferred ruling on an OCRE motion to reword Issue No.
8, and to establish standards and procedures for further litigation of the issue, pending a Commission rule-making on hydrogen control.
See Memorandum and order (Applicants' Answer to Procedural Motion Concerning Hydrogen Control) (March 31, 1984).
8408150467 840814 PDR ADOCK 05000440
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discovery be opened for the purpose of submitting
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OCRE's ' Thirteenth Set of jInterrogatories to Appli-cants, attached; 2.:
discovery be opened. for-the. remainder of ;this year, subject to-reopening:upon a showing of good cause,
~ incefconsiderable filings and submittals from-s Applicants will be forthcoming in 'this-per~iod of,
time on Issue #8; 3.
Applicants be' required to serve directly_upon;OCRE their submittals.on this issue so as to avoid unnec-essary delay in propounding interrogatories based thereupon.
Motion to Reopen Discerery on" Issue #8 -(July;30, 1984), at 1.
In the interest of. facilitating the ~ proceeding,e Applicants agree to make available to OCRE, at the time of submittal, copies of Applicants' future submittals to the NRC Staff relating to Issue No. 8.
While many of OCRE's Thirteenth Set of Interrogatories to Applicants appear to be untimely,2/ irrelevant,3/ or other-wise-objectionable,$/ Applicants' counsel, Jay E. Silberg, hat 2/
For example, Interrogatories-13-4 and 13-5 ask Applicants to identify all documents in their possession, custody or con-trol relating to hydrogen control, including; documents-on which Applicants intend to rely for their defense on Issue No.
8.-
o such general interrogatories clearly.could have been asked in OCRE's initial set of interrogatories on this issue.
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Interrogatory 13-38, for example, asks Applicants to Identify any nonconformances in the construction of the PNPP containment ~ vessel, a subject which is beyond the scope of Issue No. 8.
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One of the most obvious examples is Interrogatory 13-100, which requests Applicants to identify "any and all testimony, decisions, orders or conclusions in any other'NRC proceeding on which Applicants to rely [ sic], in whole or in part, for their defense on Issue (8."
arranged with OCRE Representative Susan L. Hiatt to meet on September 5, 1984, to discuss the interrogatories.
With respect to OCRE's request to reopen discovery on
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Issue No. 8 until-Decembe,r: 31, 1984, Applicants are generally a
opposed to such blanket request's= based on the Licensing Board's prior rulings containing 2bquirenbats for conducting addition-
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al discovery.
See Memorandum and, Order (Motion to Reopen 4
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Discovery) (February 28, 1984),'~. slip,oh.,at3;Memorandumand Order (OQRE Motion to Reopen Discove ')' TDecember 20, 1983),
slip op. at 1-3; Memorandum and Order (Concerning Request to Extend Discovery on Issue #1) (Oct ber 8, 1982), slip op, at 1.
liowever, Applicants will discuss with OCRE at the September 5 meeting OCRE's specific discovery needs on this issue.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: TY)Rhoth 0. YIW JAY E.
- SILBERG, P.C.
MICHAEL A. SWIGER Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:. August 14, 1984
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August 14, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
Before the Atomic Safety and Licensing Board 4
In the Matter of
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t-THE CLEVELAND ELECTRIC
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Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.,
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50-441
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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l CERTIFICATE OF SERVICE i
This is to certify that copies of the foregoing " Applicants' Answer to OCRE Motion to Reopen Discovery on Issue No. 8" were served by deposit in the United States Mail, First Class, postage prepaid,.this 14th day of August, 1984, to all those on the attached Service List.
We' hY 0 b lf C
Michael A. Swiger Dated:
August 14, 1984
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UNITED STATES OF AMERICA NUCLEAR REGULATCRY COMMISSION Before the Atomic Safety andtLicensing Board
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In the Matter of 4
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THE CLEVELAND ELECTRIC
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Dockac Nos. 50-440 ILLUMINATING COMPANY
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50-441
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(Perry Nuclear Power ' Plant,
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Units 1 and 2)
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SERVICE LIST 1
Peter B. Bloch, Chairman Atomic Safety and Licensing Appeal Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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Washington, D.C.
20555 Dr. Jerry R. Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Colleen P. Woodhead,, Esquire Mr.'Glenn O. Bright Atomic Safety.and Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Commission Director
. Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt OCRE Interim Representative Appeal Board U.S. Nuclear Regulatory Commission 8275 Munson Avenue Wairhington, D.C.
20555 Mentor, Ohio 44060 Terry Lodge, Esquire't, Dr. W. Reed Johnson 618 N. Michigan Stree Suite 105 Atomic Safety and Licensing Toledo, Ohio 43624 Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Donald T. Ezzone, Esquire Assistant Prosecuting Attorney Gary J. Edles, Esquire Lake County Administration Center Atomic Safety and Licensing 105 Center Street Painesville, Ohio 44077 Appeal Board.
f U.S. Nuclear Reegulatory Commission Washington, D.C.'
20555 John G. Cardinal, Esquire Prosecuting Attorney Atomic Safety and Licensing Ashtabula County Courthouse Jefferson, Ohio 44047 Board Panel U.S. Nuclear Regulatory Ccmmission j
Washington, D.C.
20555 i
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