ML20148N676

Motion by Intervenor Citizens Action for Safe Energy to Reopen Discovery & to Produce Documents.Interrogs to Be Submitted to Nrc,Request for Finding Per 10CFR2.720(b)(2)(ii) & Cert of Svc Encl

ML20148N676
Person / Time
Site:	Black Fox
Issue date:	11/03/1978
From:	Efros M, Farris J, Woodward J GREEN, FELDMAN, HALL & WOODARD
To:
References
NUDOCS 7811270193
Download: ML20148N676 (13)

Text

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NRC PUBLIC DOCUMENT ROOM i p:1I l c} A ff UNITED STATES OF AMERICA 'y , ;l NUCLEAR REGULATORY COfiMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BO s ;

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In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc. )

and )

Western Farmers Electric Cooperative ) Docket Nos.

) STN 50-556 (Black Fox Units 1 and 2) ) STN 50-557 MOTION TO REOPEN DISCOVERY AND TO PRODUCE DOCUf1ENTS The Intervenors respectfully move this Board to reopen discovery and order production of documents relevant to Task Action Plan-1 (TAP), due to the late filing by the Nuclear Regulatory Commission Staff (Staff) of the TAP j l

Supplement. Intervenors received this Supplement shortly after it was filed on September 25, 1978. Due to the fact n that Intervenors' experts live in California and had other commitments, it was not possible to analyze the Supplement and prepare questions concerning it prior to the start of-n the hearings on October 10, 1978.

l While the allotted time for discovery has expired, 1

this Supplement was filed after the discovery period, p and it does raise new issues which should be answered in the conte::t of the TAP. Clearly, Intervenors were not responsible for the late submission of this Supple-ment, and a delay, if any, in preparing to resolve un-answered questions now raised can not be attributed to Intervenors. The Atomic Safety and Licensing Appeal T811270(95

I Board in In the Matter of Gulf States Utilities Company v i

(River Bend Station, Units 1 and 2), ALAB-444, (1977),

foresaw the problem that confronts this Board in the instant case. In River Bend, at p. 29, footnote 28, the Appeal Board, referring to late filing of an SER, held, . . .

once it has been submitted, the licensing board may be confronted with the necessity to provide time for additional I

discovery or the preparation of rebuttal evidence."

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Intervenors maintain that after review of the TAP Supplement, they have discovered unresolved and unanswered questions regarding that TAP and that discovery is needed in that regard, whereafter Intervenors can utilize the dis- I covered information to elicit testimony helpful to the Board ,

il in compiling a sound record for its decision. Attached to 'l this Motion is a list of Interrogatories Intervenors wish to o

propound to the Staff. In Boston Edison Co. (Pilgrim 2) , 1 [

NRC 579, 582, (1975), the Appeal Board noted, . . . it has been uniformly recognized that the discovery rules are to be accorded a broad and liberal treatment so that the parties

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may obtain the fullest possible knowledge of the issues and facts before trial, and that the inquiries are limited only by the requirement that they be reasonably relevant to a sensible investigation." Intervenors believe their Motion falls squarely within this directive.

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f Accordingly, in anticipation of the Board's granting this Motion, Intervenors submit as an attachment, a list of Interrogatories calling for answers and specific documents from the Staff. Intervenors move this Board to order the Staff to answer these questions and produce the documents requested.

Respectfully submitted,

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MAURY EFROS' f m. l &l&M 76 BPl}/ R. ~ F AftRIS JC IN R. WUODARD, III November 3, 1978 Counsel for the Intervenors G REEN , FELDMAN, IIALL & WOODARD 816 Enterprise Building Tulsa, Oklahoma 74103 (918) 583-7129 l

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l UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION  ;

DEFORE Tile ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of the Application of )

Public Service Company of. Oklahoma, ) j e Associated Electric Cooperative, Inc. )  ;

and ) l Western Farmers Electric Cooperative ) Docket Nos. )

) STN 50-556 I (Black Fox Units 1 and 2) ) STN 50-557 l CERTIFICATE OF SERVICE )

l I, Joseph R. Farris, one of the attorneys for Citizens ;

Action for Safe Energy (C.A.S.E.), certify that copies of 4 Motion to Roopen Discovery and to Produce Documents have been served in the above captioned matter on the following by United States mail, postage prepaid, this 3rd day of November, 1978.

Sheldon J. Wolfe, Esq. l Atomic Safety and Licensing Board Panel i United States Nuclear Regulatory Commission I Washington, D.C. 20555 )

Mr. Frederick J. Shon l Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission l Washington, D.C. 20555 i l

Dr. Paul W. Purdom i Director, Environmental Studi s Group l Drexel University 32nd and Chestnut Streets Philadelphia, Pennsylvania 19104 L. Dow Davis, Esq. ,

Office of the Executive Legal Director l United States Nuclear Regulatory Commission '

Washington, D.C. 20555 l

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Andrew T. Dalton, Esq.

Attorney at Law 1437 South Main Street Room 302 Tulsa, Oklahoma 74119 Mrs. Ilene Younghein 3900 Cashion Place Oklahoma City, Oklahoma 73112 Mrs. Carrio Dickerson Citizens Action for Safe Energy, Inc.

P. O. Box 924 Cla remore , Oklahoma 74104 Josepn Gallo,.Esq.

Isham, Lincoln & Beale 1050 17th Street, N.W.

Washington, D.C. 20036 Michael I. Miller, Esq.

Isham, Lincoln & Beale One First National Plaza, Suite 4200 Chicago, Ill. 60603 Paul M. Murphy, Esq.

Ishan, Lincoln & Beale One First National Plaza, Suite 4200 Chicago, Ill. 60603 Mr. Maynard !!uman General Manager Western Farmers Electric Cooperative P. O. Box 429 Anadarko, Oklahoma 73005 Mr. Gerald F. Diddle Associated Electric Cooperative, Inc.

P. O. Box 754 Springfield, Missouri 65801 Mc. Lawrence Burrell Rt. 1, Box 197 Fairview, Oklahoma 73737 Dr. M. J. Robinson

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Black & Veatch P. O. Box 8405 Kansas City, Missouri 64114

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Secretary (Orig, and 3)

Attn: Chief, Docketing & Service Section United States Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Vaughn L. Conrad Public Service Company of Oklahoma P. O. Box 201 Tulsa, Oklahoma 74102 Mr. T..N. Ewing Public Service Company of Oklahoma P. O. Box 201 Tulsa, Oklahoma 74102 DATED: November 3, 1978.

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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of the Application of )

Public Service Company of Oklahoma, ) l Associated Electric Cooperative, Inc. )

and )

Western Farmers Electric Cooperative ) Docket Nos. ,

) STN 50-556 i (Black Fox Units 1 and 2) ) STN 50-557 l l

l REQUEST FOR FINDING PURSUANT TO 10 CFR S2.720 (h) (2) (ii)  !

This set of Interrogatories to the Staff is based ,

1 on the Task Action Plan-1 Supplement (Supplement) filed September 25, 1978. This Supplement raises certain ques- l tions fundamental to a determination of the safety aspects this plan is designed to achieve. Since the Staff formu-lated this plan, only the Staff can answer these ques-tions. Therefore, Intervenors request that those members of the Staff who had any input or did any work on either TAP-1 or its Supplement, answer these Interrogatories.

Respectfully submitted,

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MAURY EFROS' /

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J jj sP)4 R. FARRIS bid HN R. WOODARD, III '

November 3, 1978 Counsel for Citizens Action for Safe Energy GREEN, FELDMAN, HALL & WOODARD 816 Enterprise Building Tulsa, Oklahoma 74103 (918) 583-7129

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY add LICEN.3ING APPEAL BOARD 2

In the Matter of the Application of ) -

i Public Service Company of Oklahoma, I

)

, Associated Electric Cooperative, Inc. )

and ) ,

l Western Farmers Electric Cooperative ) Docket Nos.

) STN 50-556 ,

(Black Fox Units 1 and 2) ) STN 50-557 l CITIZENS ACTION FOR SAFE ENERGY INTERROGATORIES TO THE

' NUCLEAR REGULATORY COMMISSION STAFF REGARLING TASK ACTION PLAN-1 4

Pursuant to 10 CFR SS2.740(b) and 2.720 (h) (2) (ii) ,

i the Intervenors, Citizens Action for Safe Energy, request j i

that the attached Interrogat ) ries be answered fully, i

i in writing, and under oath by. those members of the Nuclear Regulatory Commission Staff who had any input or other-wise worked on Task Action Plan-l. At the conclusion

of'each Interrogatory. C. ether or not he or she has

. verified his or her answer,'that persons name and title 1 _.

should be set forth.

Each question is to be answered in six (6) parts as follows. . For each answer provide: (1) the direct answer toLthe' question; (2) identify all documents and studies and the particular parts thereof, relied upon by the Staff, now or in the past, which. serve as the basis for the answer; (3) identify all documents and ,

studies, and the particular parts thereof, examined, but'not relied upon by the' Staff, which pertain to the I

subject matter in question; (4) identify by name, title i and af filiation, each Staf f employee or consultant that I has the expert knowledge requ red to support the answer to the question; and (5) explain whether the Staff is presently engaged in or intends to engage in any further research or work which may effect the Staff's answer.

Icantify such research or work; and (6) if requested, 1

provide the documents so requested. l l

l INTERROGATORY NO. 1:

Please provide any and all calculations, evaluations, l and estimate of risk, both individual and cumulative, s 1

of the probAems and issues dealt with in the TAP-1.

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INTERROGATORY UO. 2:

Please pro 'i all calculations, evaluations, 1

and estAmates of individual and cu'.ulative, of the problems a ac dealt with in the NUREG-0410.

II.TE'.RO JA"'ORY NO. 3:

Please provide latest plans and schedules for com-1 pletion of all items in TAP-1. l INTERROGATORY NO. 4:

Please provide latest plans and schedules for com- i 1

' pletion of all items in NUREG-0410. ,

l INTERROGATORY NO. 5:

11 ease provide latest plans and schedulas for com-pletion of all items in NUREG-0471.

INTERROGATORY NO. 6:

Please provide any and all documents describing specific criteria for establishing the categories of importance of generic items.

INTERROGATORY NO. 7:

Please provide any and all documents describing the specific evaluation of each generic item and the reasons, both qualitative and quantitauive, for placing'each in its relative category of importance and its number within the category.

INTERROGATORY NO. 8:

Please provide any and all minority views regarding the importance of each generic item and its relative position within the ca'eg7r:'.

INTERROGATORY NO. 9:

Describe and explain any views of the absolute

' or relative importance of the TAP-1 items other than

.those expressed in TAP-1. These should include, but are not limited to, views of the ACRS, NRC Staff, ACRS

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l consultants, NRC consultants, NRC commissioners, and others.

INTERROGATORY NO. 10:

Does TAP-1 testimony by Aycock, et al. , describe all generic items impacting Black Fox Station?

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INTERROGATORY NO. 11:

List any generic items which may pertain to Black Fox but are not included in the Aycock, et al., testimony.

INTERROGATORY NO. 12:

. Which ' safety-related items of the GE Nuclear Reactor Study (the so-called " Reed Report") apply to Black Fox?

s INTERROGATORY NO. 13:

Referring to the answer or answers to Intert:ogatory 12, provide a description of each of the items and identify the corresponding item number given to each Reed Report safety-relatad item in TAP-1.

' INTE RROGATORY ' NO. 14:

Relating to the answer-or answers to Interrogatory L 12, provide a description of each of the items and identify L . the corresponding item number given to each Reed Report safety-related item.in NUREG-0410, 1

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1 INTERROGATORY NO. 15:

Referring to'the answer or answers to Interrogatory 12, provide a description of each of the items and identify the corresponding item number given to each Reed Report safety-related item in NUREG-0471.

INTERROGATORY NO. 16:

Please provide any and all documents related to l l

the risk and importance of the " Reed Report" 27 safety- l l

related items as mentioned in the letter from Dr. Matson (NRC) to Dr. Sherwood (GE) , dated July 10, 1978.

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INTERROGATORY NO. 17:

Please describe the reasoning which led to preclud-

ing the " Reed Report" items from TAP-1. Were all the Commissioners aware of this decision?

i INTERROGATORY NO. 18 :

Why was TAP-A-2 deleted from the TAP-1 testimony and Attachments?

INTERROGATORY NO. 19:

Please. provide.an up-to-date version of TAP-A-2.

Respectfully submitted,

2. . r P.AUfY EFRQB

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R. WOODARD, III November 3, 1978 Counsel for Citizens Action for Safe Energy.

GREEN, FELDMAN, HALL & WOODARD 816 Enterprise Building Tulsa, Oklahoma 74103 (918) 583-7129 4