ML20113E427

Response to Ohio Citizens for Responsible Energy 850107 Motion to Reopen Discovery on Issue 16.All Requested Documents Re AE-type Pistons Will Be Made Available. Certificate of Svc Encl.Related Correspondence

ML20113E427
Person / Time
Site:	Perry
Issue date:	01/17/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-181 OL, NUDOCS 8501230451
Download: ML20113E427 (6)

Text

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h1 REIATED CORRESPONDENT January 17,.1985

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l UNITED STATES OF AMERICA 2 90 NUCLEAR REGULATORY COMMISSION g . ,

r;.y 2- e r ?s BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' h, /

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) )

APPLICANTS' ANSWER TO OHIO CITIZENS FOR RESPONSIBLE ENERGY'S MOTION TO REOPEN DISCOVERY ON ISSUE NO.16 By motion of January 7, 1985 (" Motion to Reopen",),

Intervenor, Ohio Citizens for Responsible Energy ("OCRE")

requested the Licensing Board to reopen limited discovery on Issue No. 16, concerning diesel generators. OCRE filed its Fourteenth Set of Interrogatories to Applicants, relating to diesel generators, with its Motion to Reopen. Discovery on this issue has been closed since June 1, 1984. See Atomic Safety and Licensing Board Memorandum and Order (Discovery About Transamerica Delaval Diesels), May 8, 1984.

"Further discovery.on' Issue No. 16 is subject to a showing of " good cause". Id. at 2. As stated by-the Licensing Board:

[s]hould OCRE seek information that is available for the first time, it should-indicate that reason for wishing to obtain it. Similarly, should.[OCRE] seek previously available information because 85012 p foh h Q

t newly available information has indicated the'importance of that information -

thereby alerting OCRE to its importance -

it.should state its new basis for desiring-the information.

Id.

OCRE has stated that it meets these good cause standards

.because it did not know, prior to reviewing Applicants' October 31, 1984 responses to the NRC staff's December 28, 1983 Request for.Information, that Applicants' diesel engines would be fitted with AE-type piston skirts. Motion to Reopen at 1.

Furthermore, OCRE maintains that Applicants' responses to the NRC staff identified new documents. Id. at 2.

Applicants note that OCRE, using the change to AE-type piston skirts as its justification, seeks to expand the scope of:the interrogatories on pistons beyond the three narrow areas covered by OCRE's previous discovery request. See Interrogatory No. 11-5, OCRE's Eleventh Set of Interrogatories ,

to Applicants, February 18, 1984.- However, in the interest of facilitating this proceeding, Applicants agree to respond to OCRE's interrogatories relating to AE-type pistons.

i OCRE also requests that five separate categories of documents be produced for its inspection. It summarily states

..that Applicants' identification of new documents in its l ' responses to the NRC staff's questions has made it necessary to request the production of the new documents. Motion to Reopen ,

j. at 2.

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Some of the documents which OCRE now requests were not available prior to the close of discovery on June 1, 1984.1/

However, OCRE makes other categorical requests for results and reports which are so broad as to encompass materials which would have been available to it prior to the close of discovery on this issue. 2/ OCRE was fully aware that Applicants were actively participating in the Transamerica Delaval, Inc.

("TDI") Owners Group Program, and that the PNPP diesel generators would be undergoing extensive inspections and testing as part of the TDI Owners Group Program. OCRE had this knowledge prior to Applicants' October 31st responses to the NRC staff. See, e.g., Interrogatory No. 11-9(a), OCRE's Eleventh Set of Interrogatories to Applicants, February 18, 1984, and Applicants' A,nswer to OCRE's Eleventh Set of Interrogatories, March 8, 1984 (regarding Applicants' participation in the TDI Owners Group DR/QR Program);

Interrogatory No. 12-12, OCRE's Twelfth Set of Interrogatories to Applicants, May 14, 1984 (regarding the DR/QR Program for the PNPP diesel generators).

1/ For example, the July 25, 1984 letter from E.C. Chris-tiansen to C.L. Ray, Jr. and the DR/QR report on the Perry Nuclear Power Plant ("PNPP") diesel generators were not

.previously available.

2/ OCRE requests "[rlesults and reports of all inspections conducted on the PNPP diesel generators pursuant to the Owners Group Program." OCRE's Fourteenth Set of Interrog-atories to Applicants, Request for Production of Documents No. 3, at 6.

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-- ).

With respect to OCRE's request for the production of documents, Applicants will make available all requested l l

documents related to AE-type pistons which Applicants have and all other requested documents which Applicants have which are dated after the June 1, 1984 discovery cut-off date.

Applicants respectfully request that OCRE's Motion to Reopen Discovery on Issue No. 16 be denied as to documents requested by OCRE which are unrelated to AE-type pistons and which are 4 dated prior to June 1, 1984, the date discovery was closed on this issue. As to this latter category of documents, OCRE has shown no good cause for reopening discovery.

Applicants will submit their answers to OCRE's Fourteenth Set of Interrogatories in a future filing.

. Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE AM By: -

J y y. Silberg, P.C. h ounpelforApplicant 1800 M Street, N.W.

Washington, D.C. 20036 DATED: January 17, 1985 I

i b'

January 17, 1985 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 ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing

" Applicants' Answer to Ohio Citizens for Responsible Energy's Motion to Reopen Discovery on Issue No. 16" were served by deposit in the United States Mail, first class, postage prepaid, this 17th day of January, 1985, to all those on the attached Service List, t , z., / L. -

T J E./Silberg DATED: January 17, 1985 1

b 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 ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

SERVICE LIST James P. Gleason, Chairman Atomic Safety and Licensing 513 Gilmoure Drive Appeal Board Panel Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. 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 Mr. 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 Atomic Safety and Licensing Terry Lodge, Esquire Appeal Board Suite 105 U.S. Nuclear Regulatory Commission 618 N.. Michigan Street Washington, D.C. 20555 Toledo, Ohio 43624 J

Dr. W. Reed Johnson Donald T. Ezzone, Esquire Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Lake County Administration U.S. Nuclear Regulatory Commission Center

Washington, D.C. 20555 135 Center Street Painesville, Ohio 44077 Gary J. Edles, Esquire Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 John G. Cardinal, Esquire Ms. Sue Hiatt Prosecuting Attorney 8275 Munson Avenue Ashtabula County Courthouse Mentor, Ohio 44060 Jefferson, Ohio 44047 i

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