ML20134Q152

Response Opposing Case 850819 Motion for ASLB Order Directing Applicant to Supply Documents Re Comanche Peak Review Team Plan.Plan Not Currently issue-in-controversy. Certificate of Svc Encl

ML20134Q152
Person / Time
Site:	Comanche Peak
Issue date:	09/05/1985
From:	Mizuno G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#385-439 OL, NUDOCS 8509090186
Download: ML20134Q152 (5)

Text

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, w l SepthI@,1985C UNITED STAILS OF AMERICA NUCLEAR REGULATORY COMMISSION 85 SEP -6 Pi 36 BEFORETHEATOMICSAFElYANDLICENSINGBOARuggg;g CGCXErp c 3 3 ,

w ncn in the Matter of' )

Docket Nos. 50-445 O'

TEXAS UTIllilts ELECTRIC )

COMPANY, et al.

-) 50-446 C

).

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

r NRC STAFF RESPONSE TO CASE MOTION FOR BOARD ORDER DIRECIING APPLICANTS TO SUPPLY DOCUMENTS TO THE BOARU I. INTRODUCTION On August 19, 1985, CASE filed a " Motion for Board to Order Appli-cants to Supply Documents to Board" (" CASE's ' Motion" . CASE's Motion i

requests the Board to order Applicants to provide the Board with "all the documents referenced in the CPRT Plan which have not yet been pro-vided . . . as well as documents which the Applicants are well aware the Board will want and must have before they can rule on Applicant's CPRT j Plan." CASE's Motior., pp. 1-2. According to CASE, these documents include contracts between Applicants and CPRT subcontractors, and resumes of subcontractor employees. Id., p. 2. The NRC Staff (" Staff') opposes CASE's Motion.

II. BACKGROUND

, On June 28, 1985, Applicants filed their " Current Management Views and Management Plan for Resolution of All Issues" (" Applicants' Management Plan"), and the " Comanche Peak Response Team Program Plan, 8509090186 850905 5 i\

DR ADOCK O

. Revision 2" ("CPRT Program Plan"). Applicants' Management Plan proposed that litigation of technical issues currently in contention should be refocused, in light of intervening events, on whether the CPRT Program Plan is adequate'to provide the Board with reasonable assurance that the CPSES facility has been properly designed and constructed. The Board has decided not to adopt the Applicants'. Management Plan at this time.

Memorandum and Order (Proposal for Governance of this Case), LBP-85-32 (August 29, 1985) (" Board's Order"). Prior to the Board's Order, CASE has filed a number of formal and information discovery requests relating to the CPRT. In their answers to CASE's discovery requests, Applicants have provided, inter alia, copies of contracts between Applicants and subcontractors retained to implement the CPRT Program Plan.

III. DISCUSSION the Staff opposes CASE's Motion since (1) the Applicants' Manage-ment Plan has not been adopted by the Board, and (2) 'it is entirely speculative to determine at this time what documents the Board will need to rule upon the CPRT Program Plan, should the Board subsequently decide to admit the Plan as an issue in this proceeding. The Board has not adopted the Applicants' Management Plan and thereby retocus litigation on the adequacy of the CPRT Program Plan. Until the Board admits issues relating to the CPRT Program Plan, there is no immediate relevance of the CPRT to the currently-contested issues in this proceeding, and conse-I

quently no need for the Board to be provided with any background docu-mentsontheCPRT.1/

Tosummarize,theadequacybftheCPRTProgramPlanisnotcurrently an issue-in-controversy. It is also speculative as to what issues will be admitted on the CPRT Program Plan should the Board decide in the future to admit issues relating to the CPRT Program Plan. Accordingly, there is no need for the Board to be provided with background documents on the CPRT. ,

IV. CONCLUSION For the reasons set forth above, the Staff opposes CASE's Motion.

Respectful,1y submitted,

. M G ry . izuno Counsel for NRC Staff Uated at Bethesda, Maryland this 5th day of September, 1985

-1/ The Applicants, as well as the Statt and CASE, are obligated to timely apprise the Board of newly discovered significant information er of significant developments relevant to this proceeding. Georgia Power Co. (Alvin W. Vogtle Nuclear Plant, Units 1 & 2), ALAB-291, 2NRC404,408(1975); Duke Power Co. (William B. McGuire Nuclear Station, Units 1 and 2), ALAB-143, 6 AEC 623, 625-26 (1973);

Virginia Electric & Power Co. (North Anna Power Station, Units 1 and 2), CLI-76-22, 4 NRC 480, 491 at n.11 (1976). However, the documents which CASE contends should be the subject of a Board ,

notification by Applicants -- e.g., CPRI subcontractor contracts,  !

and subcontractor personnel resumes -- do not appear to be the type l of information which needs to be provided by Applicants to the Board at this stage in the proceeding, i

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' 1 l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

TEXAS UTILillLS ELECTRIC Docket Nos. 50-445 COMPANY, et _al.

) 50-446

)

l (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE 1 hereby certify that copies of "NRC STAFF RESPONSt 10 CASE MOTION FOR BOARD ORDER DIRECIING APPLICANTS TO SUPPLY DOCUMENTS TO THE BOARD" 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 5th day of September,198b:.

Peter B. Bloch, Esq., Chairman

• Mrs. Juanita Ellis Administrative Judge President, CASE Atomic Safety and Licensing Board 1426 South Polk Street U.S. Nuclear Regulatory Commission Dallas, TX 75224 Washington, DC 20555 ,

Renea Hicks, tsq.

Dr. Kenneth A. McCollom Assistant Attorney General Administrative Judge Environmental Protection Division Dean, Division of Engineering .P.O. Box 12548, Capital Station Architecture and Technology Austin, TX 78711 Oklahoma State University Stillwater, OK, 74078 Nicholas S. Reynolds, Esq.

William A. Horin, Esq.

Elizabeth B. Johnson Bishop, Liberman, Ccok,

Administrative Judge Purcell & Reynolds Oak Ridge National Laboratory 1200 1/tb Street, N.W.

P.O. Box X, Building 3500 Washington, DC 20036 Dak Ridge, TN 37830 Billie Pirner Garde Dr. Walter H. Jordan Citizens Clinic Cirector Administrative Judge Government Accou1tability Project 881 W. Outer Drive 1901 Que Street, N.W.

Oak Ridge, TN 37830 Washington, DC 20009

. .__ -- ~.

l Iferbert Grossman, Alternate Chairman

• Mr. W. G. Counsil Administrative Judge Executive Vice President Atomic Safety and Licensing Board Texas Utilities Generating Company l U.S. Nuclear Regulatory Comission 400 North Olive Street, L.B. 81  ;

Washington, DC 20555 Dallas, TX 75201 Ellen Ginsberg, Esq.* William L. Brown, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Washington, DC 20555 Arlington, TX 76011 Robert A'. Wooldridge, Esq. Lanny Alan Sinkin Worsham, Forsythe, Samples 3022 Porter Street, N.W., #304

& Wooldridge Washington, DC 20008 2001 Bryan Tower, Suite 2500 ,

Dallas, TX 75201 James T. McGaughy Southern Engineering Co. of Georgia Mr. James E. Cumins 1800 Peachtree Street, N.W.

Resident Inspector / Comanche Peak Atlanta, GA 30367-8301 Steam Electric Station c/o U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board P.O. Box 38 Panel

• Glen Rose, TX 76043 U.S. Nuclear Regulatory Comission Washington, DC 20555 William H. Burchette, Esq.

Mark D. Nozette, Esq. Atomic Safety and Licensing Appeal Heron, Burchette, Ruckert Board Panel *

& Rothwell U.S. Nuclear Regulatory Comission Suite 700 Washington, DC 20555 1025 Thomas Jefferson Street, N.W. ,

Washington, DC 20007 Docketing and Service Section*

Office of the Secretary Robert D. Martin U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Robert A. Jablon, Esq.

Spiegel & McDiarmid 1350 New Yurk Avenue, N.W.

Washington, DC 20005-4798 ArecS. A -

ou e RC Staff

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