ML20147F437

Motion by Northern Thunder,Inc to Comple Discovery.Motion Constitutes Request for ASLB to Issue Order Compelling Applicant & Staff to Respond to Interrogatories & Request for Production of Documents

ML20147F437
Person / Time
Site:	05000484
Issue date:	09/28/1978
From:	Ihrig R IHRIG, R.
To:
Shared Package
ML20062B004	List: ML20062B001 ML20147F395 ML20147F437
References
NUDOCS 7810190220
Download: ML20147F437 (4)

Text

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7 Szptunber' 28, 1978

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UNITED STATES OF AMER AD coy i

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NUCLEAR REGULATORY COMMISSION ..

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in the Matter of ..

Docket No. S . 50-Tyrone Ener ~ Park Unit \N3 jp NORTHERN STATES POWER COMPANY

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MOTION SY NORTliERN THUNDER, INC, g

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• TO COMPEL DISCOVERY Mg 4 TO: Ivan W. Smith, the Presiding Officer:

Pursuant to 10 CFR I 2.740(f) Northern Thunder, Inc. , moves the Atomic Safety and Licensing Board for an order compelling the Permittees and the  ;

for the production of documents

.to respond to certain interrogotories and requests propounded by Northern Thunder, Inc.

With respect to the Permittees.

1. Permittees partially or totally object to the following NT Interrogotories 6, 10, 13, 14, 16, 17, 18, 20, 21, and requests for the production of documents:

10 CFR l 2.740(f) provides in 22, 23, 24, 25, 27, 28, 29, 32, 33, 34 and .38, part'as follows:

Failure to answer.or respond shall not be excused on the grounds that the dis- ~

convery sought is objectionable unless the person or party falling to answer -

or respond has applied for a protective order pursuant to paragraph (c) of this

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section.

The Permittees did not apply for a protective order pursuant to 10 CFR l i and therefore, they are obilgated to respond the above enumerated interrogotor es requests for the production of documents.

2. Permittees objectionsto Interrogotories 10, 13, 14, 16, 17, 18, 22, 23, ~

24, 32 and 33 are based on the notion the interrogotories go beyond the In particular, the foregoing interrogotories are objected the remanded _ issues.

Information concerning LSDP, CPA, and DPC, Permittees to insof ar' as they request

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cre clearly in error in this regard. . The Board Contention (specifically para- .

graph two of the Board Contention) raises the question of the ability of the

, surviving permittees to raise the necessary funds to design and construct TEP. _

In this regard information which goes to the financial participation of the surviving permittees in the design and construction of TEP is clearly discoverable.

10 CFR $ 2.740(b)(1) provides in part as follows:

It is not grounds for objection that the information sought would be inadmissable at the hearing Jf the information sought appears reasonably calculated to lead to the discovery of admissable evidence.

Each of the interrogotories enumerated in this paragraph is calculated to lead to the discovey of evidence which would be admissable with respect to the Board Contention, and, therefore, such evidence is discoverable. .

3. Northern Thunder, inc's., Interrogotory 25 requests production of "all .

written title opinions which have been prepared f rom January 1,1973 to the current date, by any person on behalf of any Permittee, or actual or potential creditor of any Permittee, with respect to the status of the legal title to any real estate heretofore acquired or purportedly acquired, or to be acquired in the ,

i future, for use in connection with the construction of TEP." The Permittees object  !

l to this request on the ground it is irrelevant to the subject matter of this proceeding. .The subject matter of this proceeding is the financidl quallfications i of the Permittees. Loans are one source of funds for the Permittees. To the I extent such loans are secured, the real estate and associated fixtures which constitute TEP are a likely item of collateral. Whether such collateral would be acceptable to persons who might loan money to the Permittees , will depend in pa rt on whether the Permittees title to the real estate is marketable. The title opinions requested in Interrogotory 25 are relevant evidnece with respect to the question i

of mirketability of title, and, theref6re, are relevant to the subject matter of j i

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• this proceeding.

4. Northern Thunder, ine's. , Interrogotories 28.and 29 relate to the 1

applicability of the Public Utility Holding Company Act of 1935 to the financial j

• qualifications of the Permittees. The appilcation of such act may prevent the transfer of funds from NSP-MN to NSP-WI and 1.SDP. Therefore, interrogotor,les 28 and 29 are relevant to paragraph one of the Board Contention.

With resocet to the Staff. ,

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1. The Staff objects to Northern Thunder, lhc's., Interrogotories 2,.3, 4, 1

cnd 5' . For the same. reason as is set forth in the above paragraph one with re-spect to the Permittess, the St'aff should be ordered to answer NT's interrogotories 2, 3, 4 and 5.

2. NT's Interrogotories to the Staff numbered 2, 3, 4 and 5 relate to the ,

applicantion of the Public Utility Holding Company Act of 1935 to the financial qualifications of the Permittees. The application of such act may prevent the transfer of funds from NSP-MN to NSP-WI and LSDP. Therefore, Interrogotories to the Staf f 2, 3, 4 and 5 are relevant to paragraph one of the Board contention.

Wherefore, Northern Thunder, Inc., respectfully requests an order direct-Ing the Pernittees and the Staf f to respond to all interrogotories propounded by Northern Thunder, Inc.

September,2B r 1978 Respe 1 fully bmi t

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Richard thrig v Richard thrig certifies that on September 28,197 mall d a co y af this motion to the persons Indicated ori the attached servic li t.

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' . .. * .ITED STATES OF AMERICA pM.,Q g p g ., M *CE NUCLEAR REGULATORY COMMISSION '

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• Mg [iM NORTHERN STATES POWER COMPANY, '

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SERVICE LIST MQhc3 3 y[ l James P. Alt: an, Escuire Richard S. Salran, Fa W e, Chairran Assistant Attorney General Atanic Saferf and Licensing Appeal Board U.S. Nuclear Fegulatcry Cu..dssion Depart:nant of Justice 20555 State Capitol Washington, D.C. Madison, Wisconsin 53702 Michel C. Farrar, Escuire Mrs. Hamid C. Eauer Atanic Saferf and Licensing Appeal Scard Foute 1, Box 191 U.S. Nuclear Regulatorf CC:nrission Rock Falls, Wisconsin 54764 Washing cn, D.C. 20555 Jocelyn Furtwangler Olsen, Esquire' Dr. W. Feed Jonnsen Special Assistant Attor.ey C+.neral Atanic Safety and Licensing Appeal Scard Minnesota Pollution Control Agency U.S. Nuclear Regulatorf Cannission 1935 W. Country Pcad 32 .

Washington, D.C. 20555 55113 Roseville, Minnesota Ivan W. S:nith, Esgaire, Chei:ran Atanic Safety and Licensing Ecard R$hard QL.riQ:.scuire U.S. Nuclear Figulatorf Ccanission $0Q hQe Enidi.ig\

• Washington, D.C. 20555 4 % Cenh Winc .a, Mirmesota 55987 Dr. George C. Andersen Michael J. Cain, Esquire Oceanography Deparrent, W3-10 Bureau of Iagal Services University of Wasid.ngten Department of Natural Fascurces Seattle, Wasri17 ton 98195 Box 7921 Fr. Laster Kcr.blith, Jr.

Madison, Wisconsin 53707 Atanic Safety ' arid Licensing Scard Steven M. Schur, Escuire U.S. Nuclear Regulaterf Ccrmission Washington, D.C. 20555 Chief Counsel Public Service Cannission of Wism~;nsin Hill'Farr.s State Office Buildi".g e Stephen H. Leais, Escuire 4802 Shel:cygan Avenue Office of the E:<ecutive Lacal Director Madiscn, Wisconsin 53702 U.S. Nuclear Regulatcr/ Cannission Washi.gten, D.C. 20555 Mr. Stanley Cider Docketing and Service Section c/o Durand PCs raster ~

Tyrcne, Wisconsin 54736 Office cf the Secretarf U.S. Nuclear Regula:cr/ Centr.issicn Washing ca, D.C. 20555 Mr. Themas Galaren Route 2, Ecx 64 0;rald Charnoff Turtle Lake, Wisconsin 54389 1800 M Street IM W;shington, D.C. 20036