ML20205M420
| ML20205M420 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 04/09/1986 |
| From: | Roisman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-756 OL, NUDOCS 8604150223 | |
| Download: ML20205M420 (5) | |
Text
l MELATED CORRESPONDENCR M
BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION 00CM T Before the Atomic Safety and Licensing Board'fD
- D In the Matter of
)
)
TEXAS UTILITIES GENERATING COMPANY,
)
Dkhhh
.i.50-445-OL et al.
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((46-OLj (Comanche Peak Steam Electric
)
Station, Units 1 and 2
)
MOTION TO COMPEL Citizens Association for Sound Energy (CASE) moves to compel expedited production of all " checklists" (also known as attribute lists, quality instructions, ISAP/DSAP checklists, and other terminology) currently in the possession of the Applicants.
i The Checklists were first sought informally on May 28, 1985 under Question 12, and later under Document Request 8 on Septemoer 4, 1985.
Applicants objected to production, and the Board deferred production at the November 12, 1985 prehearing conference.
CASE requests this production based on its current need to
)
l do work on evaluating and analyzing the Comanche Peak Response l
Team (CPRT) program plan for the resolution of identified and unidentified deficiencies.
The checklists serve as the primary element of the program plan and, as such, have provided and are providing the basis for I
the ongoing reinspection work at the site.
The Applicants have taken the position that the checklist.s are a part of the "in process" documentation which will not be 8604150223 860409" PDR ADOCK 05000445
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PDR1
made available until individual results reports are completed.
The basis for Applicants' position was that it would be excessively burdensome to produce documents "in process,"
and work would be significantly interfered with if production were ordered.
See Transcript of November 12, 1985, Prehearing Conference, pp. 24227-36.
However, that argument is no longer credible, if it ever The checklists have been made available to the NRC staff was.
1 for its review, audit, and inspection work, demonstrating that Applicants can manage to continue work and produce documents with 2
no derogatory effect.
In addition, the Board has provided CASE with an opportunity t
to request any in process documentation which is necessary in order to do our work (Tr. p.
24,257).
CASE has a critical need for the checklists because we are unable to complete our review and analysis of the CPRT program plan and provide the NRC with comments on the acceptability of the plan without them.
CYGNA has stated a similar position in recent correspondance to the staff on the program plan. (See Board Notification 86-11, 1
See the monthly inspection reports for reference to the staff's use or analysis of variousissued since September 1985 checklists, including Inspection Report 85-17/85-14, which provides 15 pages of specific comments on the DSAPAppendix 12, attribute checklists.
2 A small number of checklists were of fered to CASE by Applicant several weeks ago, after CASE's discovery trip had been completed and only under certain unacceptable conditions.,,,
March 28, 1936.)
The staff has denied our request for the checklists and for 30 days to complete our comments, and is 3
proceeding with the issuance of the SSER.
We request expedited consideration of this Motion.
Respectfu11y submitted,
/
/
[f-
/n' W ANTHONY Z.7RO 6 BILLIE P. %'
DE Trial Lawye s for Public Justice 2000 P Street, NW, Suite 611 Washington, D.C.
20036 (202) 463-8600 Counsel for CASE Dated:
April 9, 1986 3
See letter from Vince Noonan to Billie Garde, March 31, 1986, setting deadline for comments no later than April 1, 1986.
1.
e
7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TEXAS UTILITIES GENERATING
)
COMPANY, et al.
)
Docket Nos. 50-445-OL
)
and 50-446-OL (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE
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By my signature below, I hereby certify that true and correct copies of CASE's MOTION TO COMPEL have been sent to the names listed below this 9th day of April 1986, by:
Express mail where indicated by *; Hand-delivery where indicated by **; and First Class Mail unless otherwise indicated.
Administrative Judge Peter B.
Bloch**
U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4th Floor Bethesda, Maryland 20814 Dr. Kenneth A.
McCollom, Dean Division of Engineering, Architecture and Technology (klahoma state University Stillwater, Oklahoma 74074 Dr. Walter H. Jordan 881 W.
Outer Drive Oak Ridge, Tennessee 37830 Ms. Ellen Ginsberg, Esq.**
U.S.
Nuclear Regulatory' Commission 4350 East / West Highway, 4th Floor Bethesda, Maryland 20814 Robert A.
Wooldridge, Esquire Worsham, Forsythe, Sampels
& Wooldridge 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 1
Nicholas Reynolds, Esquire **
Bishop, Liberman, Cook, Purcell & Reynolds 1200 17th Street, N.W.
Washington, D.C.
20036 Stuart Treby, Esquire **
Geary S. Mizuno, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission 7735 Old Georgetown Rd.,
10th Floor Bethesda, Maryland 20814 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Renoa Hicks, Esquire Assistant Attorney General Environmental Protection pivision Supreme Court Building Austin, Texas 78711 Mrs. Juanita Ellis President, CASE 1426 S.
Polk I
Dallas, Texas 75224 W.
G.
Counsil Executive Vice President Texas Utilities Generating Co.
Skyway Tower,~25th floor 400 North Olive Street Dallas, TX 75201 Roy P. Lessy, Jr.
Morgan, Lewis & Bockius 1800 M Street, NW Washington, D.C.
20036 Thomas G.
Dignan, Jr.
Ropes & Gray 225 Franklin Street Boston, MA 02110 I
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