ML20198J693

Response to Case 860505 Request for Discovery Re Production of Documents Generated by NRC on Investigation Conducted by Ofc of Inspector & Auditor.Certificate of Svc Encl.Related Correspondence

ML20198J693
Person / Time
Site:	Comanche Peak
Issue date:	05/30/1986
From:	Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
CON-#286-353 OL, NUDOCS 8606030182
Download: ML20198J693 (5)

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Q UNITIiD STATES OF AMERICA <' @

NUCLEAR REGULATORY COMMISSION U M SN I I 2 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD g ~

7; In the Matter of ) /

TEXAS UTILITIES ELECTRIC

)

) Docket Nos. 50-445

"[F COMPANY, et _al.

) 50-446

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

NRC STAFF RESPONSE TO CASE'S REQUEST FOR DISCOVERY On May 5, 1986, Intervenor CASE filed its Request for Discovery

(" Request") of the NRC Staff pursuant to 10 C.F.R. S 2.744, " Production of NRC Records and Documents." In its Request, CASE seeks production of documents generated by the Staff relating to the investigation conducted by the NRC's Office of Inspector and Auditor (OIA) concerning the Staff's handling of three matters: (1) the "T-shirt" incident; (2) the liner plate documentation deficiencies; and (3) the Lipinsky memoran-dum.1 Request at 1. CASE states that, in accordance with 10 C.F.R.

S 2.744, the documents in q uestion were requested from the NR C's Executive Director for Operations (EDO), and that CASE's request was denied on the grounds of relevancy. M. at 2. CASE also states that these documents are the subject of Freedom of Information Act (FOIA)

-1/ The report of OIA's investigation is entitled " Comanche Peak - GAP Allegations (Lack of NRC Action When Notified of Wrongdoing by Utility" ("OIA Report"), and was submitted to the - Commission on August 30, 1985.

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requests by the Government Accountability Project (GAP), but that GAP has not received "subgtantive replies". 2_/ Id_ at 2, n.1.

'As required by 10 C.F.R. S 2.744(c), CASE has applied to the Board with an explanation of why it believes the documents being sought are relevant to this proceeding. Request at 2-5. Specifically, CASE asserts that it "has placed into issue in this proceeding the Staff's enforcement activities regarding Comanche Peak. . . ." ,Id. at 4. The Staff has consistently opposed the idea that the actions of the Staff itself are in any way relevant to the issues before the Board.

In this instance, however, CASE's Request is moot. CASE's specific request is for "all memorandum [ sic] prepared by members of the staff which comment on the findings and conclusions of the [OIA Report]".

Request at 1. The Staff has identified the following documents which come within the description given by CASE:

1. Memorandum from Robert D. Martin, Regional Administra-tor, Region IV to William J. Dircks, EDO;

Subject:

OIA Investigation of Lack of NRC Actions; dated September 30, 1985.

2. Memorandum from William J. Dircks , EDO to Sharon R.

Connelly, Director, OIA;

Subject:

OIA Report on Comanche Peak, Dated August 30, 1985; dated October 7,1985.

3. Memorandum from Sharon R. Connelly, Director, OIA to William J. Dircks , EDO;

Subject:

OIA Report on Comanche Peak, Dated August 30, 1985; dated October 10, 1985.

4.- Memorandum from William J. Dircks , EDO to Sharon R.

Connelly, Director, OIA;

Subject:

OIA Memo of 10/10/85, Connelly to Dircks, "OIA Report on Comanche Peak, dated 8/30/85"; dated October 25, 1985.

2_/ It is noted that documents 2. and 4., identified above, were placed in the NRC's Public Document Room by letter dated February 27, 1986, in partial response to GAP's FOIA request 86-84.

f I a These four documents have been placed in the NRC's Public Document P.com in partial response to GAP's FOIA request 86-84, where they are available for inspection and copying. 3/

In light of the public availability of these documents , it is not necessary for the Board to rule on CASE's Request.

Respectfully submitted,

• ~

Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 30th day of May,1986

-3/ Documents 1. and 3. were placed in the NRC Public Document Room by letter dated May 27, 1986, in partial response to GAP's FOIA request 86-84.

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't UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the' Matter of )

)

TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445 COMPANY , et _M. ) 50-446 (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CASE'S REQUEST FOR DISCOVERY" 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 Nuclesr Regulatory Commission's internal mail system, this 30th day of May,1986:

Peter B. Bloch, Esq. , Chairman

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

Dr. Kenneth A. McCollom Assistant Attorney General Administrative Judge Environmental Protection Division 1107 West Knapp P.O. Box 12548, Capital Station Stillwater, OK 74075 Austin, TX 78711 Nicholas S. Reynolds, Esq.

William A. Horin, Esq.

Elizabeth B. Johnson Bishop, Liberman, Cook, Administrative Judge Purcell & Reynolds Oak Ridge National Laboratory 1200 17th Street, N.W.

P.O. Box X, Building 3500 Washington, DC 20036 Oak Ridge TN 37830 Joseph Gallo, Esq.

Dr. Walter H. Jordan Isham, Lincoln & Beale

~ Administrative Judge Suite 840 881 W. Outer Drive 1120 Connecticut Avenue Oak Ridge TN 37830 Washington, DC 20036

G i Billie Pirner Garde Mr. W. G. Counsil Citizens Clinic Director Executive Vice President Government Accountability Project Texas Utilities Generating Company 1901 Que Street, N.W. 400 North Olive Street, L.B. 81 Washington, DC 20009 Dallas, TX 75201 Ellen Ginsberg, Esq.* William L. Brown, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 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 Christic Institute

& Wooldridge 1324 North Capitol Street 2001 Bryan Tower, Suite 2500 Washington, DC 20002 Dallas, TX 75201 James T. McGr.ughy Southern Engineering Co. of Georgia Mr. James E. Cummins 1800 Peachtree Street, N.W.

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

• Glen Rose, TX 76043 U.S. Nuclear Regulatory Commission Washington, DC 20555 William II. Durchette, Esq.

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

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

Washington, DC 20007 Docketing and Service Section*

Office of the Secretary Robert D. f.lartin U.S. Nuclear Eegulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 rell Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Roy P. Lessy, Jr. , Esq.

Morgan, Lewis & Bockius Robert A. Jablon, Esq. 1800 M Street, N.W.

Spiegel & McDiarmid Suite 700, North Tower 1350 New York Avenue, N.W. Washington, DC 20036 Washington, DC 20005-4708 Thomas G. Dignan, Esq.

Anthony Z. Roisman, Esq. Ropes & Gray Trial Lawyers for Public Justice 225 Franklin Street 2000 P Street, N.W. , Suite 611 Boston, MA 02110 Washington, DC 20036

" Richard G. Bachmann Counsel for NRC Staff