ML20106D095

Applicant Request That W Eddleman Answer Interrogatories & Produce & Permit Insp of Documents Re Contention 41-G Concerning C Van Vo Allegations.Certificate of Svc Encl. Related Correspondence

ML20106D095
Person / Time
Site:	Harris
Issue date:	02/08/1985
From:	Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-505 OL, NUDOCS 8502130003
Download: ML20106D095 (12)

Text

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g M CORR W E February 8, 1985 QKTfD UNITED STATES OF AMERICA 11 N0 *42 NUCLEAR REGULATORY COMMISSION f rqr BEFORE THE ATOMIC SAFETY AND LICENSING BOARD- ti =,,

In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400 OL AND NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear )

Power Plant) )

APPLICANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ,

TO WELLS EDDLEMAN (CONTENTION 41-G)

Pursuant to 10 C.F.R. SS 2.740b and 2.741, Carolina Power

& Light Company and North Carolina Eastern Municipal Power Agency hereby reauest that intervenor Wells Eddleman answer in writing, and under oath or affirmation, each of the following interrogatories, and produce and permit inspection and copyino of the original or best copy of all documents identified in the responses to the interrocatories below. Under the Commission's Rules of Practice, answers or obiections to these interrogato-ries must be served within 14 days af ter service of- the inter-rogatories; responses or obiections to the request for produc-tion of documents must be served within 30 days after service of the rea';est.

8502130003 850200 7 PDR ADOCK 05000400 9 PDR C)M 4

o These interrogatories are intended to be continuing in na-ture, and the answers should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.P. SS 2.740(e),

should Mr. Eddleman or any individual acting on his behalf ob-tain any new or differing information responsive to these in-terrogatories. The request for production of documents is also

-continuing in nature and Mr. Eddleman must produce immediately any additional documents he, or any individual acting on his behalf, obtains which are responsive to the request, in accor-dance with the provisions of 10 C.F.R. S 2.740(e).

Where identification of a document is requested, briefly describe the document (e.g., book, letter, memorandum, tran-script, report, handwritten notes, test data) and provide the following information as applicable: document name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the per-son or persons having possession of the document.

Also state

-the portion or portions of the document (whether section(s),

chapter (s), or page(s)) upon which Mr. Eddleman relies.

Definitions: As used hereinafter, the following defini-tions shall apply:

" Applicants" is intended to encompass Carolina Power &

Light Company, North Carolina Eastern Municipal Power Agency and their contractors for .the Harris Plant.

" Document (s)" means all writings and records of every type ..

in the possession, control or custody of Mr. Eddleman, Mr. Chan

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Van Vo or any individual acting on behalf of either of them, including, but not limited to, memoranda, correspondence, re-ports, surveys, tabluations, charts, books, pamphlets, photo-graphs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings and all other writings or record-ings of any kind; " document (s)" shall also mean copies of docu-ments even though the originals thereof are not in the posses-sion, custody, or control of Mr. Eddleman or Mr. Chan Van Vo; a document shall be deemed to be within the " control" of Mr.

Eddleman, Mr. Chan Van Vo or any individual acting on behalf of either of them if any such person has ownership, possession or custody of the document or copy thereof, or has the right to secure the document or. copy thereof, from any person or public or private entity having physical possession thereof.

General Interroaatories 1(a). State the name, present or last known address, and present or last employer of each person, other than affiant, who provided information upon which you relied in answering each interrogatory herein, or who otherwise assisted you in an-swering each interrogatory herein.

(b). Identify all such information which was provided by each such person and the specific interrogatory response in which such informarien is contained.

'(c). For each such person who provided you with informa-tion upon which you relied in answering any interroaatory -

herein or who assisted you in answering any interrogatory here-in and who is an expert (i) provide that person's expertise and facts supporting his expertise, (ii) if that person has been

" retained or specially employed," state in detail the facts underlying any " retained or specially employed status," (iii) if that person's identity is being withheld, (A) explain the need to withhold such person's identity, and (B) state the pro-tection or privilege upon which you rely in withholding the person's identity (see Licensing Board's Memorandum and Order of May 27, 1983).

(d). For each such person who provided you with informa-tion upon which you relied in answering any interrogatory here-in or who as'sisted you in answering any interrogatory herein and who is not an expert, identify that person in accordance with the Licensing Board's Memorandum and Order of May 27, 1983.

2(a). Identify all documents in your possession, custody or control, including all relevant page citations, upon which you relied in answering each interrocatory herein.

(b). Identi fy the specific interrogatory response (s) to which each such document relates.

3(a). Identify any other source of information, not pre-viously identified in response to Interrogatory 2 or 4, which was used in answerino the interrogatories set forth herein.

J (b). Identify the specific-interrogatory response (s) to which each such source of information relates.

s 41-G-1(a). Do you have knowledge of Mr. Chan Van Vo's al-legations regarding harassment independent of his affidavit of October 6, 1984, which is the basis of your Contention 41-G?

(b). If the answer to (a) above is affirmative, set forth in detail the nature of such knowledge and the factual basis therefore, include a statement of each such material fact relating to Mr. Van Vo's allegations and the source of such statement of fact.

41-G-2(a). Have you ever spoken directly with Mr. Chan Van Vo with respect to his allegations?

(b). If the answer to (a) above is affirmative, detail the substance of such conversation (s), including a statement of each material fact that you rely in support of your Contention 41-G.

41-G-3(a). Do you contend that workers at the Harris Plant site are instructed not to report items of nuclear safety concern to either CP&L management or the NRC?

(b). If the answer to (a) above is other than negative, state in detail the factual basis in support of your contention (including but not limited to the substance of any such in-struction) and identify all documents which set forth or refer-ence such instruction (s).

(c). If the answer to (a) above is other than affirma-tive explain in detail how your response is consistent with the allegations set forth in Contention 41-G.

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41-G-4(a).. Do you contend that workers at the Harris site are or have been instructed intentionally to destroy documenta-tion regarding nuclear safety QA problems?

(b). If the answer to (a) above is other than negative, state in detail the factual basis in. support of your contention (including but not limited to the substance ~of any such in-struction) and identify all documents which set forth or refer-ence such instruction (s).

(c). If the answer to (a) above is other than affirma-tive, explain in detail how your response is consistent with the allegations set forth in Contention 41-G.

41-G-5(a). Do you contend that CP&L's practice of coun-seling employees having documented job performance problems constitutes an act of harassment?

-(b). If the answer to (a) above is other than negative, describe in detail the factual basis for your allegation.

(c). If the answer to (a) above is other than affirma-tive, explain in detail how your response is consistent with the allegations set.forth in Contention 41-G.

41-G-6(a). Do you contend'that the problems encountered in the installation of piping to Steam Generator Feedwater Pump

'lA-NNS constitute an item of nuclear safety concern?

.(b). If the answer to (a) above is other than neoative, describe in detail the factual basis for your allegation.

(c). .If the answer to (a) above is other than affirma-tive, explain in detail how your response is consistent with the allegations set forth in Contention 41-G.

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41-G-7(a). Do you contend that Applicants failed to prop-

-erly identify and report the nonconforming installation of piping to Steam Generator Feedwater Pump 1A-NNS?

(b). If the answer to (a) above is other than negative, state in detail the factual basis for your allegation.

(c). If the answer to (a) above is other than affirma-tive, explain in detail how your response is consistent with the allegations set forth in Contention 41-G.

41-G-8(a). Do you disagree with the findings of the Cobb Report (Ex. F to Applicants Response to Late-Filed Contentions of Wells Eddleman . . . Based on the Affidavit of Mr. Chan Van Vo) that Applicants had identified the nonconforming installa-tion of Steam Generator Feedwater Pump 1A-NNS piping prior to the time that Chan Van Vo reported this item to Mr. Fuller?

(b). If the answer to (a) above is other than negative, state in detail the factual basis for your allegation.

(c). If the answer to (a) above is other than affirma-tive, explain in detail how your response is consistent with the allegations set forth in Contention 41-G.

41-G-9(a). Refer to NRC Inspection Report 50-400/84-43 (para. Sb) (previously provided to you by the NRC Staff by cover letter dated January 16, 1985). Do you agree with the finding of NRC I&E inspectors that Steam Generator Feedwater Pump 1A-NNS and its discharge piping are not required to be safety-related or seismic category l?

-o-t (b). If the answer to (a) above is other than affirma-tive, describe in detail the factual basis for your answer.

41-G-10(a). Do you contend that there exist identified but not reported discrepancies regarding pipe hanger material traceability at the Harris Plant site?

(b). If the answer to (a) above is other than negative, state in detail the factual basis for your allegation.

(c). If the answer to (a) above is other than affirma-tive, explain in detail'how your response is consistent with the allegations set forth in Contention 41-G.

41-G-ll(a). Do you disagree with the findings of the Cobb Report regarding the resolution of the pipe hanger material

. traceability problem with Purchase Order 21022?

(b). If the answer to (a) above is other than negative, state in detail the factual basis for your allegation.

(c). If the answer to (a) above is other than af fi rma-tive, explain in detail how your response is consistent with the allecations set forth in Contention 41-G.

41-G-12(a). Refer to NRC Inspection Report 50-400/84-43 (para. 5d). Do you agree with the finding of the I&E inspec-tors regarding the resolution of the pipe hanger material traceability problem with Purchase Order 21022?

(b). If the answer to (a) above is other than affirma-tive, describe in antail the factual hasis for your answer.

_g_

o Request for Production of Documents Applicants request that Intervenor Wells Eddleman respond in-writing to this request for production of documents and pro-duce the original or best copy of each of the documents identi-

-fied or described in the answers to each of the above interrog-atories, and those documents in the possession of Mr. Chan Van Vo upon which he relies in making his allegations in his Affi-davit of October 6, 1985, at a place mutually convenient to the parties.

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Thom s A.' Baxter, P . C .

John 1. O'Neill,Jr.,P.Cy['hRIDGF SHAW, lPITTMAN, POTTS & TROW Street, N.W.

Washington, D.C. 20036 (202)822-1000 Richard E. Jones, Esquire CAROLINA POWER & LIGHT COMPANY 411 Fayetteville Street Mall Raleigh, North Carolina 27602 (919)836-6517 Dated: February A, 14RS

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.R M TG C0 6 February 8, 1985 ,

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UNITED STATES OF AMERICA fE3 ll NUCLEAR REGULATORY COMMISSION 0.42 LF1jr UCChhi.

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l q; "FFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400 OL and NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant) )

This is to certify that copies of the foregoing "Appli-cants' Interrogatories and Request for Production of Documents to. Wells Eddleman (Contention 41-G)" were served by deposit in the United States mail, first class, postage orepaid, this 8th day of February, 1985, to all those on the attached Service List, except to Mr. Wells Eddleman who was served this day by U.S. Express Mail.

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bl.A II John H. O'Neill, Jr.,

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P.C.

Dated: February 8, 19RS 9O

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, t-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

-BEFOPE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of. )

)

CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400 OL and NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant) )

SERVICE LIST James L. Kelley, Escuire John D. Runkle, Esquire Atomic Safety and Licensino Board Conservation Council of

-U.S. Nuclear-Regulatory Commission North Carolina Washinoton, D.C. 20555 307 Granville Road Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Escuire Atomic Safety and Licensino Board Edelstein and Payne U.S. Nuclear Regulatory Commission P.O. Box 12607 Washington, D.C. 20555 Raleigh, North Carolina 27A09 Dr. James H. Caroenter Dr. Richard D. Wilson Atomic Safety and Licensino Board 729 Hunter Street U.S.. Nuclear Reculatory commission Anex, North Carolina ?790?

Washington, D.C. 20555 Charles A. Barth, Escuire Mr. Wells Pddleman Janice E. Moore, Psautro 719-A Iredell Street

. Office of Executive reaal Director Durham, North Carolina  ?~-

U.S. Nuclear Reculatory commission Washington, D.C. 20555 Docketing and Servico certion Richard F. Jones, Psauiro Office of the Secro*arv Vice President nr.d Senior r< an!

U.S. Nuclear Recula*ery commission Carolina Power & Licht rce r . "

Washington, D.C. ?ctc; P.O. Box L551 Raleich, !! orth Carolina '-

Mr. Daniel F. Road, President Dr. Linda W. Little -

CHANGE. Governor's Waste Manacemon+ 'mard P aD . Box 2151 513 Albemarle Buildino Raleich,'Uprth Carolina 27602 325 North Salisbury Streer Ralefah, Iforth Carolina 2"' '

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-Bradley W. Jones, Esauire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleich, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo-University of Minnesota Minneapolis, Minnesota 55455