ML20116D300
| ML20116D300 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 04/25/1985 |
| From: | Copeland V COMMONWEALTH EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-711 OL, NUDOCS 8504290363 | |
| Download: ML20116D300 (4) | |
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April 25, 1985 p TED DCCKETED UNITED STATES OF AMERICA NUCLEAR REGULA'IORY CCFMISSION BEFCRE THE A'KMIC SAFETY AND LICENSING BOAPD In the Matter of
)
GFF:CE D~ SECRETAR'?
00ChdlNG & SEPviCi.
)
CONCNWEALTH EDISCN CCMPANY
)
Docket Nos. 50-45604-
)
50.4570L.
(Braidwood Nuclear Power Station
)
Units 1 and 2)
)
CONONWEALTH EDISON CCNPANY'S MOTION 'IO CCMPEL Pursuant to 20 C.F.R. S 2.740(f), Camenwealth Ediscn Catpany
(" Applicant") hereby moves this Atanic Safety and Licensing Board to issue an order canpelling the Intervenor Bob Neiner Farms, Inc. to' respond to Applicant's interrogatories.
In support of this Motion, Applicant statms as follows:
1.
Applicant has served tw sets of interrogatories on Inter-venor Bob Neiner Farms, Inc. (See attached copies). As indicated in their certificates of Service, service of the two sets of interrogatories was made by mail on March 11 and 12,1985, respectively.
Pursuant to an agreement among the parties (see Conmonwealth Edison Cornpany's Status Report, March 1,1985), answers to interrogatories are to be filed within the 14-day period prescribed by 10 C.F.R. S 2.740b(b).
An additional 5 days are allowed because service was effected by mail. Thus, armers to both sets cf interrogatories were due by April 1, 1985.
)h 8504290363 850425 PDR ADOCK 05000456 G
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2.
In a March 22 telephone conversation with counsel for Intervenor Scb Neiner Farns, Inc., counsel for Applicant agreed to waive objection to the late filing of answers to interrogatories provided that the answers would be served by April 15, 1985.
In a telephone conference subsequent to that date, counsel for Intervenor Bob Neiner Farms, Inc.
indicated that their answers would be filed possibly by April 22.
As of April 25, 1985, Intervenor Bob Neiner Farm's answers have not been re-ceived.
Because of the need to conclude discovery by May 20, 1985, Applicant requests the Licensing Board to carpel Intervenor Bob Neiner Fants, Inc. to respond to the interrogatories without further delay.
MREECRE, Comtonwealth Edison Company respectfully requests that this Licensing Board issue an order catpelling Intervenor Bob Neiner Farms, Inc. to respond to Applicant's two sets of interrogatories.
Pespectfully subnitted, I
C
'2e Victor G. Copelarfd
(
One of the Attorneys for Camonwealth Edison Campany Dated: April 25, 1985 Isham, Lincoln & Beale 1120 Connecticut Avenue N.W.
Suite 840 Washington, D.C.
20036 (202) 833-9730
-o gpc)W DOCHETED USNRC UNITED STATES OF AMERICA NUCLEARREGULATORYCOMMIEOb D A R 26 20:51 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFFICE or SECRL' TAR -
In the Matter of
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00CXETinG & SERvlo
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BRANCH COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-456
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50-457 (Braidwood Nuclear Power Station
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copie" of the COMMONWEALTH EDISON COMPANY MOTION TO COMPEL were served on the persons listed below by deposit in the United States mail, first-class postage prepaid, unless otherwise indicated, this 25th day of April, 1985.
Lawrence Brenner, Esq. Chairman C. Allen Bock, Esq.
Administrative Law Judge P.O.
Box 342 Atomic Safety and Licensing Board Urbana, IL 61801 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. A.
Dixon Callihan Atomic Safety and Administrative Law Judge Licensing Board Panel 102 Oak. Lane U.S. Nuclear Regulatory Oak Ridge, TN 37830 Commission Washington, D.C.
20555 Dr. Richard F. Cole Atomic Safety and Administrative Law Judge Licensing Appeal Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Ms. Bridget L'ittle Rorem 117 North Linden Street P.O.
Box 208 Essex, IL.
60935 Via Messenger L
4
~ Myron Karman, Esquire Docketing and Service Section Elaine I.'Chan, Esquire Office of the Secretary Office of General' Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.,
20555 Washington, D.C.
20555 w
Douglass W. Cassel, Jr., Esquire Lorraine Creek N'
Timothy W. Wright, III, Esquire.
Route 1 BPI Box 182 109 North Dearborn Street Manteno, Illinois 60950 Suite 1300 Chicago, Illinois 60602 Charles Jones, Director
- Illinois Emergency Services and Disaster Agency 110 East Adams Springfield, IL 62705 Victor G.
Copelahd One of the Attorneys for
-Commonwealth Edison Company f
4
IQ l1IE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter Of:
)
)
COMMONWEALTH EDISON COMPANY
)
)
Docket Nos. 50-456 (Braidwood Nuclear Power
)
50-457 Station, Units 1 and 2)
)
INTERROGATORIES TO INTERVENOR BOB NEINER FARMS, INC., ET AL.
Applicant, Commonwealth Edison Company, hereby serves upon Intervenor Bob Neiner Farms, Inc., et al.
written interrogatories pursuant to 10 C.F.R. 52.740b.
Each
{'
interrogatory should be answered separately and fully in writing, under oath or affirmation, within 14 days after service.
1.
Identify the document (s) which or the per-son (s) whose opinion (s) provido(s) Intervenor's basis for the conclusion that 765 kV transmission lines create each of the following alleged conditions for persons who are within 600 feet of the line for six or more hours per day:
a) audible noise impairing hearing; b) increasing tension; c) sleep interference; d) interference with the operation of cardiac pacemakers; s,
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e) biological effects on humans because of exposure to electric fields excluding the use of nearby areas for working, living, or recreation; and f) danger of shock to persons and animals.
2.
State with particularity the basis for the assumption that 765 kV transmission lines will be constructed within 600 feet of where persons would have. occasion to. be for six or more hours per day.
If persons exist who would have occasion to be within.600 feet of such lines for six or more hours per day, identify each such person by name and i
/ address.
3.
State whether Intervenor agrees that the
\\
fields associated with parallel 345 kV and 765 kV lines i
would be, at worst, only slightly higher than an average of 2.4 kV/m (maximum 6.9 kV/m) for lines at a height of 1 m.
(See,Braidwood Final Environmental Statement (FES) at S5.5.1.2 and Braidwood Environmental Report-Operating Li-cense Stage (ER-OLS) at S3.9.6).
If Intervenor disagrees with'this conclusion, state with particularity the basis for 45,'
such disagreement,7 and identify all documents or persons
\\
'I upon which Intervenor relies in assessing the accuracy of
^
this conclusion.
N 4.
State whether Intervenor agrees with the NRC Staf f's conclusion in the FES at S5. 5.1. 2 that "[ flor the most part, adverse effects have been demonstrated only for s r
S higher fields (e.g., greater than 15 kV/m) or longer ex-posure times than would occur for people residing near or working under transmission lines."
If Intervenor disagrees with this conclusion, state with particularity the basis for such disagreement, and identify all documents or persons upon which Intervenor relies in assessing the accuracy of this conclusion.
5.
In light of the NRC Staff's analysis of and conclusions regarding the environmental impacts of postu-lated accidents described in 55.9.4 of the FES, state with particularity the basis for Intervenor's conclusion in Con-tention 7 that "the potential that these facilities would b-have to be closed, either temporarily or permanently, due to the release of substantial quantities of radioactive ma-terials during an accident creates an unacceptable environ-mental impact."
6.
Identify the document (s) which or the per-son (s ) whose opinion (s) provide (s ) the basis for Inter-venor's conclusion in Contention 7 that "the potential that these facilities would have to be closed, either temporarily or permanently, due to the release of substantial quantities of radioactive materials during an accident creates an unacceptable environmental impact."
7.
Identify the levels of radioactive release which Intervenor contends would be of " substantial quan-x
/
tities" so as to require that the recreational facilities referenced in Contention 7 would have to be closed, tem-porarily or permanently.
8.
Identify the type of radiation release at issue in Contention 7.
9.
fdentify the type of accident postulated in Contention 7, e.g.,
postulated design-basis accident or a Class 9 accident.
10.
Identify by name, title or position, and address all persons Intervenor intends to present as wit-nesses to testify with regard to Contentions 1 and 7.
11.
Identify the principal spokesperson (s) for Bob Neiner Farms snd each individual who formulated or helped to formulate the answers to these interrogatories.
Submitted by:
--..fh'#*. h.
/Zw One Of The Aqporneys For' Applicant COMMONWEALTH EDISON COMPANY Joseph Gallo, Esq.
Victor G. Copeland, Esq.
ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, N.W.
Suite 840 Washington, DC 20036 (202) 833-9730 Rebecca J.
Lauer, Esq.
ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500..-
.~
?
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE'THE ATOMIC SAFETY AND LICENSING BOARD In the Matter Of:
)
)
COMMONWEALTH EDISON COMPANY
)
)
Docket Nos. 50-456 (Braidwood Nuclear Power
)
50-457 Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I,
Rebecca J.
Lauer, one of the attorneys for Commonwealth Edison Company, certify that copies of the Interrogatories To Intervenor Bob Neiner Farms, Inc., Et Al.
have been served in the above-captioned matter on those
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persons listed in the attached Service List by United States mail, postage prepaid, this lith day of March, 1985.
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Rebeccs'J. Lauer ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 DATED:
March 11, 1985 t
s
s.
SERVICE LIST Lawrence Brenner, Esq.
Mr. Scott W.
Stucky Chairman Chief, Docketing and Services Administrative Law Judge United States Nuclear Regulatory Atomic Safety and Licensing Commission Board Office of the Secretary United States Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 C. Allen' Bock, Esq.
P.O.
Box 342 Dr. Richard F.
Cole Urbana, IL 61801 Administrative Law Judge Atomic Safety and Licensing Board Thomas J. Gordon, Esq.
United States Nuclear Regulatory Waaler, Evans & Gordon Commission 2503 South Neil Washington, DC 20555 Champaign, IL 61820 Dr. A. Dixon Callihan Ms. Bridget Little Rorem Administrative Law Judge 117 North Linden Street Union Carbide Corporation Essex, IL 60935 P.O.
Box "Y"
Oak Ridge, TN 37830 Douglass W.
Cassel, Jr.
Timothy W.
Wright, III Myron Karman, Esq.
BPI Elaine I.
Chan, Esq.
109 North Dearborn Street Office of the Executive Legal Suite 1300 Director Chicago, IL 60602 United States Nuclear Regulatory Commission Mashington, DC 20555 Ms. Lorraine Creek Route 1 Box 182 Atomic Safety and Licensing Manteno, IL 60950 Board Panel United States Nuclear Regulatory Commission Erie Jones, Director Washington, DC 20555 Illinois Emergency Services and Disaster Agency 110 East Adams Atomic Safety and Licensing Springfield, IL 62705 Appeal Board Panel United States Nuclear Regulatory Commission Washington, DC 20555
7:
3/12/85 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
COMMONWEALTH EDISON COMPANY
).
Docket Nos.
50-456
)
50-457 (Braidwood Nuclear Power
)
Station, Units 1 and 2)
)
INTERROGATORIES TO INTERVENOR BOB NEINER FARMS, INC., ET AL. - SET II Applicant, Commonwealth Edison Company, hereby serves upon Intervenor Bob Neiner Farms, Inc., g al. this second set of written interrogatories pursuant to 10 C.F.R.
S 2.740b.
Each b
interrogatory should be answered separately and fully in writing, under cath or affirmation, within 14 days after service.
NEINER FARMS CONTENTION 3 1.
Identify the source (s)
(documents and/or persons) of Intervenor's knowledge of the emergency plans for Braidwood Station.
2.
Inasmuch as the emergency plans for the Braidwood Station are not yet available, identify the emergency plans which Intervenor centends are inadequate.
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3.
Define the nature and extent of a " radiological emer-gency" as contemplated by Intervenors in the preamble of Neiner Farms Contention 3.
4.
Identify the document (s) which and/or the person (s) whose opinion provide the basis for the Intervenor's contention that the emergency plans for the Braidwood Station are inadequate.
5.
State with particularity the bases for Intervenor's contention that the emergency plans are inadequate.
6.
State with particularity the bases for Intervenor's p
L contention that the emergency plans should include the six items specified in Neiner Farms Contention 3.
subparagraphs "a" through "f".
7.
Inasmuch as the emergency plans for the Braidwood Station are not available, state the bases for Inter-venor's inference that the six items specified in Neiner Farms Contention 3 subparagraphs "a" through "f"
are not or will not be included in the emergency plans for Braidwood Station.
8.
State whether the distribution of brochures which inform the public of radiological emergency procedures 1
2
I would satisfy Intervenor's concerns expressed in Neiner Farm Contention 3,
subparagraph "a".
If not, define the program contemplated by Intervenors for informing and educating the public of radiological emergency procedures.
9.
State with particularity the elements of 'the "public' contemplated by Intervenors in Neiner Farm Contention 3, subparagraph "a".
10.
Define the nature and extent of a " radiological emer-gency" as contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "a".
11.
Identify the
" response
[the public]
should take" contemplated by the Intervenors in Neiner Farms Con-tention 3, subparagraph "a".
12.
Identify the "means for obtaining instructions" contem-plated by Intervenors in Neiner Farms Contention 3,
subparagraph "a".
13.
State whether the use of sirens and television and radio announcements to notify residents and persons using recreational facilities within 10 miles of Braidwood Station of a radiological emergency would 3
J d
satisfy Intervenor's concerns expressed in Neiner Farms Contention 3, subparagraph "b".
If not, define the
" specific plan" contemplated by the Intervenors for such notification.
14.
' Define the elements of notification as contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "b".
15.
Identify the specific recreational facilities contem-plated by Intervenors in Neiner Farms Contention 3, subparagraph "b".
16.
State with particularity the elements of the "public" contemplated by Intervenors in Neiner Farm Contention I
3, subparagraph "b".
17.
Define the elements of an " assurance that insti-tutions can be evacuated or adequately protected in a radiological emergency" as contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "c".
18.
Identify the specific hospitals and nursing homes contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "c".
4
r 19.
Identify with specificity all other institutions, if
- any, contemplated by Intervenors in.Neiner Farms Contention 3, subparagraph "c".
20.
Define the nature and extent of a " radiological emer-gency" as contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "c".
21.
Define the nature and extent of a " nuclear emergency" as contemplated ~by Intervenors in Neiner Farms Conten-tion 3, subparagraph "d".
22.
State with particularity the amount and type of ra-diation exposure contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "d".
23.
State with particularity the types of injury contemplated by Intervenors resulting from a " nuclear accident" in Neiner Farms Contention 3, subparagraph "d".
24.
State with particularity the type (s) of medical treat-ment contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "d".
25.
Identify the bases (documents and/or persons) for Intervenor's belief that as a result of a radiological 5
accident members of the general public would be exposed to the levels of radiation indicated in answer to question 22.
26.
Define the elements of an " assurance that these facil-ities are capable of handling the treatment" as contem-plated by the Intervenors in Neiner Farms Contention 3, subparagraph "d".
27.
Define the nature and extent of "an accident" as contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "e".
28.
Define the type and amount of radiation exposure contemplated by Intervenors in Neiner Farms Contention 3, subparagraph "e".
- 29. -Define the nature and extent of " radiation casualties" as contemplated by Intervenors in Neiner Farms Conten-tion 3, subparagraph "e".
30.
State with particularity the persons who comprise
" operating personnel as contemplated by Intervenors in Neiner, Farms Contention 3, subparagraph "e".
6
n 31.
Define the elements of a " suitable plan" as contem-plated by Intervenors in Neiner Farms contention 3,
subparagraph "e".
32.
Identify the "public and private organizations" contem-plated by Intervenors in Neiner Farms Contention 3, subparagraph "f".
33.
Identify by name, title or position, and address all persons Intervenor intends to present as witnesses to testify with regard to Neiner Farms Contention 3.
Submitted by:
(~
flYd1 h
One Of The Attorneys For Applicant COMMONWEALTH EDISON COMPANY Joseph Gallo, Esq.
Victor G.
Copeland, Esq.
ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, N.W.
Suite 840 Washington, DC 20036 Rebecca J.
Lauer, Esq.
ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 7
s' UNT.TED STATES OF AMERICA NUC7.. EAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-456
)
50-457 (Braidwood Nuclear Power Station
)
Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the Interrogatories To Intervenor Bob Neiner. Farms, Inc., Et Al. - Set II and Interroga-tories To Intervenor Bridget Little Roram and Appleseed Alliance were served on the persons listed below by deposit in the United States mail, first-class postage prepaid, this 12th day of March, 1985.
Lawrence Brenner, Esq. Chairman C. Allen Bock, Esq.
Administrative Law Judge P.O. Box 342 Atomic Safety and Licensing Board Urbana, IL 61801 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr.
A.
Dixon Callihan Atomic Safety and Administrative Law Judge Licensing Board Panel Union Carbide Corporation U.S. Nuclear Regulatory P.O.
Box Y Commission Oak Ridge, TN 37820 Washington, D.C.
20555 Dr. Richard F. Cole Atomic Safety and Administrative Law Judge Licensing Appeal Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Ms. Bridget Little Rorem 117 North Linden Street Essex, IL.
60935 r~
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2 7
Myron Karman, Esquire Docketing and Service Section Elaine I..Chan, Esquire Office of the Secretary Office of General' Counsel U.S. Nuclear Regulatory U.S. Nuclear-Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Douglass W. Cassel, Jr.,
Esquire Lorraine Creek Timothy W. Wright, III, Esquire Route 1 BPI Box 182 109 North Dearborn Street Manteno, Illinois 60950 Suite 1300 Chicago, Illinois 60602 Charles Jones, Director Illinois Emergency Services and Disaster Agency 110 East Adams Springfie'.d, IL 62705 lY8 Victor G. Copeland One of the Attorneys for Commonwealth Edison Company e