ML20141M602

Memorandum & Order.* Citizens Against Nuclear Trash 920727 Motion to Compel Applicant,Louisiana Energy Svcs, Denied.W/ Certificate of Svc.Served on 920825

ML20141M602
Person / Time
Site:	Claiborne
Issue date:	08/24/1992
From:	Cole R, Margulies M, Shon F Atomic Safety and Licensing Board Panel
To:	Atomic Safety and Licensing Board Panel
References
CON-#392-13189 91-641-02-ML, 91-641-2-ML, ML, NUDOCS 9209030062
Download: ML20141M602 (6)

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. f lf U11ITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

' kh' ATOMIC SAFETY AND LICENSIllG BOARD '92 ',1)G 24 04'04 Before Administrative Judges:

Morton B. Margulics, Chairman ,

Richard F. Cole Frederick J. Shon 6ERVED AUS 25 $92 Docket No. 70-3070-ML In the Matter of ASLBP No. 91-641-02-ML Louisiana Energy Services, L.P. (Special 11uclear (Claiborne Enrichment Center) Materials Licanse)

August 24, 1992 MEMORAllDUM AllD ORDER The matter for decjsion before the Board is a second motion by Intervenor, Citizens Against fluclear Trash (CAllT),

dated July 27, 1992, to compel Applicant, Louisiana Energy Services, L.P. (LES), to fully respond to certain of its April 14, 1992 interrogatories pertaining to Contentions B, H, I, J, and K and to object to LES' July 8, 1992 motion for a protective order directing that disclosure of home addresses and telephone numbers of individuals who prepared t(

the responses to CANT's discovery requests need not be provided.

In an order dated June 18, 1992, tl.a Board granted CANT's motion to compel LES to answer Interrogatories 2-8, 52, and 53-57. In the subject motion CANT alleges that LES' 9209030062 920024 PDR s

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supplemental response of July 8, 1992, in regard to Interrogatories 2-4 and 53-56, is inadequate and evasive.

LES, in response, states that CANT's motion provided detailed explanations of the types of information Intervonor sought in its April 14, 1992 interrogatories, that it would l

l treat them as a second set of interrogatories and would provide answers in a timely manner.

Applicant's willingness to provide the information requested without an order to compel renders an order unnecessary. Therefore, that part of the motion will be denied. However, the denial will be without prejudice should the need to refile become necessary, i In the matter of Applicant's unwillingness to divulge home addresses and telephone numbers of individuals responding to interrogatories, it states that the information is not. relevant to the subject matter. of_the proceeding, is not necessary to a proper decision, and would constitute an-unnecessary intrusion into the privacy of the L

l individual witnesses involved. LES adds that CANT did not oppose a similar motion by NRC for a protective order not to I

disclose the home. addresses and telephone numbers of NRC-employees or consultants, which was granted.

CANT, in its motion to compel, states that such information should be furnishedLif it is published in local telephone directories. It argues that:at some point it is-likely that CANT will need to depose:. people-who prepared the l-l

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answers to the interrogatories. However, by that time those individuals may nave terminated their current employment and CANT would need to locate thoue individuals. It is possible LES might no longer have contact with such persons. CANT further argues that if CANT is unable to find the people who prepared the responses, it will be unable to take depositions and to satisfactorily prepare its case.

CANT's failure to object to a similar motion for a protective order by NRC Statf is not dispositive of the subject notion. We are not privy to the reason why Intervenor did not oppose the NRC Staff motion.

The Board does not see that Applicant's refusal to make known home addresses and telephone numbers will cause CANT to be unable to satisfactorily prepare its case. Its supposition that this will happen is based on a series of hypothetical occurrences. It also ignores the requirements of 10 C.F.R. 2.740(e) which requires supplementary responses to discovery requests-involving the identity and location of-persons having knowledge of discoverable matters where the response when made is no longer true. It is expected that LES will comply with the regulation and shall notify CANT at such time.as the locations of the persons change of their new business addresses and telephone numbers, and if not available of whatever information LES has of their locations including telephone numbers. That'should satisfy CANT's' concern. No need for a motion toLeompel was shown.

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ORDER Dased upon all of the foregoing, it in hereby ordered:

1 (a) CAliT'n motion to compel of July 27, 1992 ic

, denied, without prejudice.

(b) LES need not provide at this time home addresses 1

and telephone numbers of individuals responding to interrogatories. Should the locations of such persons j change LES shall comply with 10 C.F.R. 2.740(e).

THE ATOMIC SAFETY AllD LICEllSI!!G BOARD Morton B. Marg'ulio(J Chairman CHIEF ADMI!!ISTRATIVE LAW JUDGE Richard F. Cole

&W ADMlllISTRATIVE JUDGE

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DGE i Bethesda, Maryland August 24, 1992 i

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Ull!TED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of LOUISIANA ENERGY SERVICES, L.P. Docket No.(s) 70-3070-ML l (Claiborne Enrichment Center SNM License)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER - 8/24 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Morton B. Margulies. Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq. Diane Curran, Esquire Office of the General Counsel Harmon, curran, Gallagher & Spielberg U.S. Nuclear Regulatory Commission 2001 S Street, N.W., Suite 430 Washington, DC 20555 Washington, DC 20009 Peter G. LeRoy U. H. Arnold Licensing Manager President LES - c/o Duke Engineering and Lousiana Energy Services, L.P. Services, Inc.

2121 K Street, N.W. PO Box 1004 Washington, DC 20037 Charlotte, NC 28201

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Docketflo.(s)70-3070-ML LB MEMORAt4DUM AliD ORDER - 8/24 l

J. Michael McGarry, Ill, Esq. tJathalie M. Walker, Esq.

Counsel for LES Robert B. Wiygul, Esq.

Winston & Strawn Sierra Club Legal Defense Fund, Inc.

1400 L Street, fl.W. 400 Magazine Street, Suite 401 Washington, DC 20005 flew Orleans, LA 70130 Ronald Wascom Deputy Assistant Secretary Office of Air Quality & Rad. Protection Dept. of Environmental Quality P.O. Box 82135 Baton Rouge, LA 70884 Dated at Rockville, Md. this 25 day of August 1992 * ^

s Offite of the Secretary of the Commission i