ML20098B779
| ML20098B779 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/24/1984 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8409260262 | |
| Download: ML20098B779 (7) | |
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.USNRC September 24,'U8EP 25 P2 :49 e:, u r :..
-UNITED STATES OF AMERICA L 26iNU M ' q, NUCLEAR REGULATORY COMMISSION dWNN Before the Atomic Safety and Licensing Board In the Matter of
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)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 g[
)
50-441
)
(Perry Nuclear Power Plant.
)
Units 1 and 2)
)
APPLICANTS' FURTHER ANSWER TO OHIO CITIZENS FOR RESPONSIBLE ENERGY MCTION TO REOPEN DISCOVERY ON ISSUE NO.,8, On July 30, 1984, Intervenor Ohio Citizens for Responsible Energy ("OCRE".) filed its Motion to Reopen Discovery on Issue
- 8
(" Motion to Reopen"), concerning hydrogen control.. Along with the Motion, OCRE filed its Thirteenth Set of Interrogato-ries to Applicants, relating to Issue No. 8.
OCRE's Motion asked the Licensing Board for a blanket re-opening of discovery on Issue No. 8 until December 31, 1984, with further discovery subject to a showing of good cause.
Mo-tion to Roopen at 1.
OCRE also requested that Applicants be required to serve on OCRE copies of all of their future sub-Id.
In addition mittals to the NRC Staff on hydrogen control.
d to the blanket reopening, OCRE argued that it had good cause for late filing of its Thirteenth Set of Interrogatories to Ap-plicants, based primarily on new information received by OCRE through Applicants' interrogatory updates.
Id. at 1-3.
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I Applicants in their initial answer to OCRE's Motion to Re-open indicated that they generally were opposed to a blanket reopening of discovery based on the Licensing Board's prior rulings establishing requirements for reopening or extending discovery.
See Applicants' Answer to OCRE Motion to Reopen Discovery on Issue No. 8 (August 14, 1984), at 3.
Applicants also indicated that they believed at least some of OCRE's Thirteenth Set of Interrogatories to be objectionable on time-liness and other grounds.
Id,. at 2.
However, Applicants in-formed the Licensing Bocrd that they had initiated negotiotions with OCRE Representative Susa. Hiatt to discuss Applicants' ob-jections to the interrogatories and to discuss OCRE's discovery needs on this issue.
Id. at 2-3.
Applicants further agreed to provide OCRE with copies of their future submittals to the Staff relating to IsFue No. 8.
Id. at 2.
On September 7, 1984, Applicants' counsel informed Ms.
Hiatt by telephone that, based on a review of OCRE's Thirteenth Set of Interrogatories, Applicants would answer the following interrogatories:
Interrogatories 13-22(G), 13-25, 13-29, 13-32 through 13-35, 13-40, 13-41, 13-44 through 13-48, 13-49 (in part),l/ 13-50(B), 13-63 through 13-81, 13-83 through 13-85,13-102, 13-104,13-106, 13-107, and 13-111 through 13-113.
Ap-plicants also agreed to make available for inspection and 1/
Applicants agreed to answer this interrogatory only to the extent that it asks whether deficiencies associated with the inclined fuel line transfer tuta and penetration were consid-ered in their Ultimate Structural Capacity Report.
copying the documents-requested by OCRE in its Request for Pro-duction of Documents.
Applicants' cot,sel told Ms. Hiatt that Applicants would provide the information because the specified interrogatories and document requests arguably were based on new information contained in the two documents cited by OCRE in
^
its Motion to Reopen as good cause for late filing.2/ App 11_
cants.further indicated that they were willing to discuss with Ms. Hiatt OCRE's reasons for believing that the other interrog-atories in OCHE's Thirteenth Set of Interrogatories were based on new information and were not otherwise objectionable.
On September 11, 1984, Applicants met with Ms. Hiatt to discuss Applicants' objections to the interrogatories.
Ms.
Hiatt, however, did not offer any good cause arguments for the interrogatories in questior. but simply stated that she "needed i
the information."
Applicants and Ms. Hiatt were unable to reach an agreement en the disputed interrogatories, or on the scope of any further discovery which might take place on Issue No. 8.
According to Applicants' current schedule, fuel loading of i
' Perry Nuclear Power Plant Unit 1 is projected for June 1985.
In the interest of facilitating the proceeding, Applicants have agreed to answer a substantial number of OCRE's Thirteenth Set a
2/
The two documents are:
OPS-38A92, " Containment Pressure and Temperature Resporse to Hydrogen Combustion for Cleveland Electric Illuminating Company Perry Nuclear Power Plant;" and
" Ultimate Structural Capacity of Mark III Containments."
The documents were provided pursuant to Applicants' Supplemental Answers to Interrogatories on Issue Nos. 6, 8, and 15 (February 29, 1984).
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2 of. Interrogatories despite the fact that answering these Inter-rogatories will require a considerable amount of time and money
, on the part of Applicants.
Applicants strongly oppose a blan-ket reopening of discovery on Issue No. 8, which would make even greater. demands on Applicants' resources and might inter-fere with Applicants' current projected fuel load date.
The Staff also' opposes'OCRE's Motion to Reopen.
See NRC Staff Re-sponse to OCRE Motion to Reopen Discovery on Issue #8 (August 20, 1984).
In denying a similar request by OCRE to reopen discovery
./
on' Issue No. 8, the Licensing Board quoted from its earlier de-nial.of a motion by Intervenor Sunflower Alliance, Inc., et al.
for a blanket extension of discovery on Issue No. 1:
[T]he purpose of a discovery cut-off date is to require a party to complete as much discovery as is feasible before that-date.
i' -
The fact that Sunflower will obtain addi-tional information in the future will per-l' mit it to argue that it has good cause for late-filing of interrogatories with respect to that material, providing that the infor-mation was not previously available to it.
4 We will not deprive Sunflower of its opportunity.to seek discovery of matters not previously known to it, but that is not a reason to extend the deadline on matters already known to it.
Memorandum.and Order (OCRE Motion to Reopen Discovery)
(December 20, 1983), slip op. at 2 (quoting Memorandum and Order (Concerning Request to Extend Discove ry on Issue #1)
(October 8, 1902), slip op. at 1).
The Licensing Board also has made clear that, "[i]n general, we will not rule on general 4
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requests to reopen discovery unless they are accompanied by the interrogatories or questions to which answers are sought."
Memorandum and Order (Motion to Reopen Discovery) (February 28, 1984), slip op. at 3.
OCRE, contrary to these directives by the Licensing Board, is attempting to receive assurance in ad-vance the t it. may obtain further discovery without having to show good cause or submit specific discovery requests.
This it may not do.
For all of the above reasons, Applicants respectfully re-quest that OCRE's motion to reopen discovery on Issue No. 8 until December 31, 1984 be denied.
Applicants will submit their answers and objections to OCRE's Thirteenth Set of Inter-rogatories in a future filing.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
/
07 By:
s.
_ f1u JAY
.S
- BERG, P.C.
p}F MI L
. SWIGER Counsel for Applicants 1800 M Street,N.W.
Washington, D.C.
20036 (202) 822-1000 DATED:
September 24, 1984
.N' 9
September 24, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
><.,cket Nos. 50-440
~
. ILLUMINATING COMPANY, ET AL.
)
50-441'
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
t' CERTIFICATE OF SERVICE This is to certify that copies of the foregoing
" Applicants' Further Answer to Ohio Citizens for Responsible Energy Motion to Reopen Discovery on Issue No. 8" were' served by deposit in the United States Mail, First Class, postage prepaid, this 24th day of September, 1984, to all those on the attached Service List.
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Dated:
September 24, 1984
,.E UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
-)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
- Units 1 and 2)
)
SERVICE LIST Peter B.:Bloch,' Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissiop washington, D.C.
20555 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 14r. Glenn O. Bright Colleen P. Woodhead, Esquire 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 Ms. Sue Hiatt Atomic Safety and Licensing OCRE Interim Representative Appeal Board 8275 Munson Avenue U.S. Nuclear Regulatory Commission Mentor, Ohio 44060
- Washington, D.C.
20555 Dr. W. Reed Johnson Terry Lodge, Esquire Atomic Safety and Licensing 618 N. Michigan Street, Suite 105 Appeal Board Toledo, Ohio 44060 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gary J. Edles, Esquire Donald T.
Ezzone, Esquire
. Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Lake County Administration Center U.S.' Nuclear Regulatory Commission 105 Center Street 4
Washington, D.C.
20555 Painesville, Ohio 41077 c
Atomic Safety and Licensing John G. Cardinal, Esquire Board Panel Prosecuting Attorney U.S. Nuclear Regulatory Commission Ashtabula County Courthouse l
%ashington, D.C.
20555 Jefferson, Ohio 44047 i
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