ML20126A565

NRC Staff Interrogatories & Request for Production of Documents.* Requests That Cooperative Citizen Monitoring Network Respond to Listed Interrogatories & Produce for Insp Documents.W/Certificate of Svc.Related Correspondence

ML20126A565
Person / Time
Site:	Millstone
Issue date:	12/09/1992
From:	Hull J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	CO-OPERATIVE CITIZEN'S MONITORING NETWORK, INC. (CCMN
References
CON-#492-13453 OLA, NUDOCS 9212210122
Download: ML20126A565 (9)

Text

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- M ATFD 00AAFRPONDENCE -December 9,1992 -

-DOCKETLD UNITED STATES OF AMERICA "#

NUCLEAR REGULATORY COMMISSION

'92 DEC -9 P3 :59 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of ) A >'

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NORTHEAST NUCLEAR ENERGY ) Docket No. 50-336 OLA COMPANY, et. al. ) (Spent Fuel Pool Design)

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(Millstone Nuclear Power Station, )

Unit 2) )

NRC STAFF'S INTER.ROGATORIES AIO REOUEST FOR PRODUCTION OF DOCUMENTS Pursuant to 10 C.F.R. f f 2.740b and 2.741, as modified by the Board's November 24, 1992 Order regarding discovery at 4-5, the NRC staff (Staff) hereby requires that Cooperative Citizen's Monitoring Network -(CCMN) respond to the following interrogatories, and produce for inspection and copying the documents requested below.

Each interrogatory shall be answered separately and fully, in writing, and under oath or affirmation and shall-include all pertinent information available to CCMN, its officers, employees,- directors, advisors, representatives, or counsel, based upon the personal knowledge of the person answering. Documents produced in response to the request herein are to be mailed to the Office of General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

9212210122 921209 PDR ADOCK 05000336

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2 INSTRUCTIONS A. To the extent that CCMN does not have specific, complete, and accurate information with which to answer any interrogatory, CCMN should so state, and the interrogatory should be answered to the extent information is available, identifying each person who is believed to have accurate information with respect thereto.

B. Each interrogatory shall be deemed to be continuing, and CCMN is required seasonably to supplement answers with additional facts, documents, information, and names of witnesses which become known, in accordance with 10 C.F.R. 6 2.740(e)(1) and (2).

C. The words "and" and "or" shall be construed either conjunctively or disjunctively so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

D. Wherever appropriate, the singular form of a word shall be interpreted in the plural, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

E. Please produce a copy of each document requested in the form and condition in which it exists on the date of service of this request, including all comments, notes, remarks, and other material that may have been added to the document after its initial preparation.

F. If CCMN objects to or claims a privilege (attomey-client, work product, or'other) with respect to any interrogatory or document request, in whole or in part, or seeks to withhold documents or information because of the alleged proprietary or other

I 3-nature of the data, please set forth all reasons and the underlying factual basis for the objection or claim of privilege in sufficient detail to permit the Atomic Safety and Licensing Board to determine the validity of the objection or claim of privilege. This description by CCMN should include with respect to any document: (1) author, addressor, addressee, and recipients ofindicated and blind" copies, together with their job titles; (2) date of preparation; (3) subject matter; (4) purpose for which the document was prepared; (5) all persons to whom distributed, shown, or explained; (6) present custodian; (7) all persons believed to have a copy of the document; and (8) the nature of the privilege or objection asserted.

G. For any document or part of a document that was at one time, but is no longer, '- CCMN's possession, custody, or control, or which is no longer in existence, or which cannot be located or produced, identify the document, state where and how it passed out of existence or why it can no longer be located and the reasons therefore, and identify each person having knowledge concerning such disposition or loss and the contents of the document, and identify each document evidencing its prior existence l

and/or any fact concerning its nonexistence or loss.-

L DEFINITIONS AND GUIDELINES TO BE '

USED IN RESPONDING TO THIS DISCOVERY REOUEST

1. The word " document" as used herein means any written matter, whether '

produced, reproduced or stored on paper, cards, tapes, disks, belts, charts, film, computer storage devices or any other medium and shall include, without limitation, matter in the form of books, reports, studies, statements, speeches, notebooks,

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- agreements, appointment calendars, _ working papers, manuals, . memoranda, notes, procedures, orders, instructions, directions, records, correspondence, diaries, plans, diagrams, drawings, periodicals, lists, telephone logs, minutes, and photographs, and shall also include, without limitat!on, originals, copies (with or without notes or changes thereon) and drafts.

2. The Staff requests that documents produced in compliance with this request -

be accompanied with an indication as to the particular paragraphs of the Staff's discovery ,

request under which the documents are being produced.

3. CCMN" means in the context of this discovery request Cooperative Citizen's Monitoring Network, or any of its agents, employees, consultants, contractors, technical advisors, representatives or other persons acting for or on behalf of all or any of them, or at their direction and control, or in concert with or assisting them.

4 Concerning" includes referring to, responding to, relating to, pertaining to, in connection with, comprising, memorializing, _ commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.

5. Identify" when used in reference to a natural person means to set forth the following:

- a. name;

b. last known residential address;

- c. last known business address; d.' last employer;

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e. title or position;

f. area of responsibility; and

g. business, professional, or other relationship with CCMN.

6. Identify" when used in reference to a document means to set forth the-following:

a. its title;

b. its subject inatter; ,

c. its date;

d. -its author; e, its addressee;

f. its file designation or other identifying designation; and

g. its present location and present custodian.

INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Identify any person CCMN intends to call as a witness in this proceeding.

2. With respect to all persons listed in response to Interrogatory No.1, state

, 1 the details of each person's ~ education, employment history, and asserted area of expertise, if any.

3. Identify all persons known to CCMN who have knowledge concerning tne Boroflex box degradation or presence of water gaps in the Millstone 2 spent fuel pool, and state, with respect to each such person, what evidence he/she has concerning:

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. b) if a vertical buckling term was used in performing any criticality calculations for the Millstone 2 spent fuel ;xx)l, was the term used correctly.

7. Identify all persons known to CCh1N who have any other knowledge allegedly supporting the Contention No. I admitted in this proceeding, and state, with respect to each such person, what evidence he/she has concerning Contention No.1.

8. Identify all documents CCMN intends to rely on in this proceeding.

9. Mail to the address provided above copies of the documents listed in response to Interrogatory No. 8. Any listed documents that are NRC documents need not be produced provided they are identified properly. See Definition 6 above.

10. As to each document listed in response to Interrogatory No. 8, state whether or not CCMN intends to seek to move each such document into the record as evidence in this proceeding.

11. As to each document listed in response to Interrogatory No. 8, state what fact or opinion CCMN intends to establish if the document is admitted into evidence, Respectfully submitted, i

T John T. Hull Counsel for NRC Staff Dated at Rockville, Maryland this 9th day of December,1992

> A r i.n D UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-

• 92 DEC -9 P3 iS9 bEFORE THE ATOMIC SAFETY AND LICENSING BOARD m .L M On u+ v In the Matter of ) Dochi Mc a til wr

)

NORTHEAST NUCLEAR ENERGY ) Docket No. 50-336 OLA COMPANY, et al. ) (Spent Fuel Pool Design)

)

(Millstone Nuclear Power Station, )

Unit 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of December,1992:

Ivan W. Smith, Chairman * . Nicholas S. Reynolds Administrative Judge John A. MacEvoy Atomic Safety and Licensing Board Winston & Strawn Mail Stop: EW-439 1400 L Street, N.W.

U.S. Nuclear Regulatory Commission Washington, DC 20005 Washington, DC 20555 Mary E. Marucci Dr. Jerry R. Kline* 104 Brownwell Street Administrative Judge New Haven, CT 06511 Atomic Safety and Licensing Board Mail Stop: EW-439 Richard M. Kacich, Director U.S. Nuclear Regulatory Commission ~ Nuclear Licensing Northeast.

Washington, DC 20555 Utilities P.O. Box 270 -

Dr. Charles N.-Kelber* Hartford, CT 06101 Administrative Judge Atomic Safety and Licensing Board Cooperative Citizen's Mail Stop: EW-439 Monitoring Network U.S. Nuclear Regulatory Commission P.O. Box 1491 Washington, DC 20555 New Haven, CT 06506

. __ .~

2-Preressor hiichio Kaku Atomic Safety and Licensing Board Department of Physics Panel

• City College of New York hiall Stop: EW-439 >

138th St. and Convent Avenue U.S. Nuclear Regulatory Commission  ;

New York, NY 10031 Washington, DC 205S5 Ofnce of Commission Appellate Office of the Secretary * (2)

Adjudication

• Attn: Docketing and Service hiallStop: 16-O 16 OWFN hiail Stop: 16 016 OWFN '

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File * (2)

Atomic Safet) and Licensing Board Panel

.bil Stop: EW-439 U.S. Nuclear Regulatory Commission Washington, DC 20555 1

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Jofip/r. liull Counsel for NRC Staff

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