ML20196D305
| ML20196D305 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/10/1988 |
| From: | Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20196D270 | List: |
| References | |
| OL-1, NUDOCS 8802170070 | |
| Download: ML20196D305 (5) | |
Text
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February 10, 1988 UNITED STATES NUCLEAR REC'ULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
Public Service Company of
)
New Hampshire et al.
)
Docket Nos. 50-443 OL-1 c
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50-444 OL-1 (Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY
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PLANNING & TECHNICAL
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ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S REPLY TO APPLICANTS' RESPONSE TO NECNP'S MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON NECNP CONTENTION IV Intervenor New England Coalition on Nuclear Pollution
("NECNP") submits the following arguments in response to Applicants' Applicants' Applicants' Response tc MECNP's Motion to Compel Applicants to Respond to NECNP's Second Set of Inter-rogatories and Request for Production of Documents on NECNP Con-tention IV, dated February 2, 1988 and received by counsel for NECNP on February 8, 1988.
First, Applicants have blurred the distinction between whether microbiologically induced corrosion is itself a disputed issue, within the scope of Contention IV, and whether discovery into microbiologically induced corrosion is relevant to the ade-quacy of Applicants' prcgram for controlling fouling by macro-biological organisms, which is admittedly within the scope of NECNP's contention.
Applicants have cited H2 cases which bind
- 'ntervenors to the literal terms of their contentions for pur-p G
. poses of precluding Oiscovery of information that is relevant to admitted contentions.
To the contrary, the law is clear that pretrial discovery is "liberally granted to enable the parties to ascertain the facts in complex litigation, refine the issues, and i
prepare adequately for a more expeditious hearing or trial."
l Pacific Gas and Electric _G2A (Stanislaus Nuclear Project, Unit 1, LBP-78-20, 7 NRC 1038, 1040 (1978).
Discovery concerning microbiologically induced corrosion is f
clearly relevant to the adequacy of Applicants' program for con-trolling fculing by macro-organisms, such as clams and mussels, i
and by marine and other debris.
First, Applicants have stated in their response to NECNP's First Set of Interrogatories on Conten-tion IV that they may utilize heat treatment to control biofoul-ing.1 One, common form of heat treatment is high-velocity thermal backflushing, accomplished by reversing cooling water flow,2 and Applicants' Authorization to Discharge Under the National Pollutant Elimination System clearly contemplates such treatment.3 However, "(e)xcessively high water velocities over l
1 "Applicants' Resonses to NECNP's First Set of Interrogatories and Request for Production of Documents to Applicants on NECNP Contentions I.V.
and IV.," dated December 7, 1987, at 18.
2 Egg "Improving the Reliability of Open-Cycle Water Systems:
Application of Biofouling Surveillance and Control Techniques to Sediment and Corrosion Fouling at Nuclear Power Plants,"
NUREG/CR-4626, Vol.
2, at 26-28 (hereinafter referred to as "NUREG/CR-4626, Vol.
2."
3 NPDES Permit No. NH0020338, at 5' age Attachment 13-1 to "Applicants' Resonses to NECNP's First Set of Interrogatories
. an extended period of time can scour copper alloy heat exchanger tubes and add to the corrosion / erosion problem."4 Accordingly, thermal backflushing for control of biofouling by macro-organisms and debris could present a serious safety hazard, particularly where piping and heat-exchanger components are already weakened by corrosion caused by microbiological organisms and sedimenta-tion.
Thus, discovery into the extent to which Applicants have adequately controlled microbiologically induced corrosion is highly relevant to the effectiveness of their program for con-trolling biofouling, even as that term is defined by Applicants.
Second, microbiological fouling is one of the conditions that enhances fouling by bivalves, since the microbiological organisms which cause the corrosfon are a food source for bivalves, permitting and encouraging their settlement and colonization, and the sedimentation caused by and causing micro-biologically induced corrosion enables mussels and oysters to attach more firmly to piping surfaces.5 Accordingly, information regarding Applicants' programs for control of microbiologically induced corrosion is relevant to determining the adequacy of Applicants' biofouling control program as it relates to blockage (continued) and Request for Production of Documents to Applicants on NECNP Contentions I.V. and IV.," dated December 7, 1987.
4 NUREG/CR-4626, Vol.
2, at 28.
5 NUREG/CR-4626, Vol.
2, at 8.
. by aquatic organisms.
It is impossible at this point in the proceeding to catalog exhaustively the reasons why discovery.into microbiologically induced corrosion is relevant to even the literal terms of NECNP's contention, as defined by Applicants chemselves.
How-ever, the issue at this point is not whether this information will be admissible evidence at the hearings.
R3ther, the only issue is whether this information is "reasonably calculated to lead to the discovery of admissible evidence." 10 C.F.R. 5 2.740 (b) (1).
In this regard, interrogatories need only have "general relevance, for discovery purposes, to the matters in controversy in the proceeding."
Texas Utilities Generatina Co.
(Comanche Peak Steam Electric Station, Units 1 and 2), LPB-81-25, 14 NRC 241, 243 (1981).
Accordingly, Applicants' objection, for purposes of discovery, to interrogatories regarding microbiologi-cally induced corrosion is without basis.
Respectfully submitted,,, -
.ndrea Ferster HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C.
20009 (202) 328-3500 CERTIFICATE OF SERVIqE I certify that on February 10, 1988, copies of this pleading were served by first-class mail or as otherwise indicated on parties to the attached service list.
Andrea Ferster
~.
4 SEABROOK SERVICE LIST - ONSITE 1.ICENSING BOARD
- Sheldon J. Wolfe. Chairman North Hampton, NH 03826 111 LowellStreet Atomic Safety and Ucensing Manchester,NH 03105 Charles P. Graham, Esq.
Board J.P. Nadeau McKay, Murphy and Graham U.S. NRC Town of Rye
'Greg Bery 100 Main Street Washington, D.C. 20555 155 Washington Road NRC Amesbury,MA 01913 Rye,New Hampshire 03870 1155 Rockvdle Pike (Dr. Jerry Harbour 1 White Flint North Atomic Safety and Ucensing Richard E. Sullivan, Mayor Rockwlle,MD 20852 Board City Hall
- By hand U.S. NRC Newburyport,MA 01950 Mr. Angie Machiros, Washington, D.C. 20555 Chairman
" By Overnight Mail Alfred V, Sargent, Chairman Town of Newbury (Dr. Emmeth A. Luebke Board of Selectmen Town Hall,25 High Road
$500 Friendship Blvd.
Town of Salisbury,MA 01950 Newbury,MA 01951 Apartment 1923N ChevyChase,MD 20815 Senator Gordon J.Humphrey George Dana Bisbee, Eq.
U.S. Senate Geoffrey M. Huntington, Esq.
Atomic Safety and Ucensing Wuhington, D.C 20510 Office of the Attorney General Board Panel (Attn. Tom Burack)
State House Annex U.S. NRC Concord,NH 03301 Washington, D.C. 20535 Selectmen of Northampton Northampton, New Hamp-Allen Lampert Atomic Safety and Ucensing shire 03826 CMI Defense Director Appeal Board Panel Town of Brentowood U.S. NRC Senator Gordon J. Humphrey Exeter,NH 03833 Washington, D.C 20555 1 Eagle Square, Ste 507 Concord,NH 03301 Richard A. Hampe, Esq.
Docketing and Sersice Hampe and McNicholas U.S. NRC MichaelSantosuosso, 35 Pleasant Street Washington,D.C 20555 Chairman Concord,NH 03301 Board of Selectmen Mrs. Anne E. Goodman Jewell Street, RFD # 2 Gary W. Holmes, Esq.
Board of Selectmen South Hampton,NH 03842 Holmes & E!Ils 1315 New Market Road 47 Winnacunnent Road Durham,NH 03842 Judith H. Mizner, Esq.
Hampton,NH 03S42 Silverglate, Gertner, et al.
William S. Lord, Selectman 88 Broad Street William Armstrong Town Hall-Friend Street Boston,MA 02110 Civil Defense Director Amesbury,MA 01913 10 Front Street Rep. Roberta C Pevear Exeter,NH 03833 Jane Doughty Drinkwater Road SAPL Hampton, Falls, NH 03S44 CaMn A. Canney 5 Market Street City Manager Portsmouth,NH 03801 Phillip Ahrens, Esq.
City Hall Assistant Attorney General 126 DanielStreet Carol S. Snelder, Esquire State House, Station # 6 Portsmouth,NH 03S01 i
Assistant AttorneyGeneral Augusta,ME 04333 I
1 Ashburton Place,19th Floor Matthew T. Brock, Esq.
Bcston,MA 02103 "Thomas G. Dignan, Esq.
Shaines & McEachern R.K. Gad II, Esq.
P.O. Box 360 Stanley W. Knowles Ropes & Gray Maplewood Ave.
Board of Selectmen 225 Franklin Street Portsmouth,NH 03S01 P.O. Box 710 Boston, MA 02110
~~
.' Sandra Gawtis~
Robert A. Backus, Esq.
RFD 1 Box 1154 Backus, Meyer & Solomon East Kensington,NH 03827