ML20210E501
| ML20210E501 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/03/1987 |
| From: | Eggeling W ROPES & GRAY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20210E454 | List: |
| References | |
| CPA, NUDOCS 8702100314 | |
| Download: ML20210E501 (7) | |
Text
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1 Fs19da Febroary 3,
toe 7 UNITED STATES OF AMERICA COLKETED NUCLEAR REGULATORY COMMISSION 09&c before the
'87 FEB -9 A10 :36 i
ATOMfC SAFETY AND LICENSING BOARD cria..
GCCd!Im:
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In the Matter of i
)
TEXAS UTILITIES ELECTRIC
)
Docket No. 50-445-CPA COMPANY, et al.
)
)
(Comanche Peak Steam
)
Electric Station, Unit 1)
)
)
PERMITTEES' RESPONSES (AND MOTION FOR PROTECTIVE ORDER) TO INTERVENOR MEDDIE GREGORY REQUESTS FOR PRODUCTION (Set 5)
Pursuant to 10 CFR sec 2.741, the Permittees hereby respond to the Request for Production of Documents served by the Intervenor Meddie Gregory on December 30, 1986.
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RESPONSES No.
1.
Permittees will produce the document described by Gregory Request No.
1, in accordance with the procedures for the production of Comanche Peak documents established in the Operating License Proceeding, Docket Nos.
50-445-OL and 50-446-OL.
No.
2.
Permittees object to producing the documents I
described by Gregory Request No. 2 on the grounds that it (1) i seeks privileged information constituting the work product of TU Electric, its affiliates, and its attorneys which work 8702100314 870203 DR ADOCK 05000445 PDR
4 6
RESPCNSES TO INTEhEh003 9EMSTS FOR 97000CTION product has been created in anticipation and contemplation of the litigation of iasues and remedies falling outside the jurisdiction of the ASLB and the NRC; and (2) seek privileged information concerning the identities, mental impressions, opinions and work product of consulting experts retained in anticipation and contemplation of the litigation of issues and remedies falling outside the jurisdiction of the ASLB and the NRC.
No.
3.
Permittees object to producing the documents described by Gregory Request No. 3 on the grounds that it (1) s-seeks privileged information constituting the work product of TU Electric, its affiliates, and its attorneys which work product has been created in anticipation and contemplation of the litigation of issues and remedies falling outside the jurisdiction of the ASLB and the NRC; and (2) seek privileged information concerning the identities, mental impressions, opinions and work product of consulting experts retained in anticipation and contemplation of the litigation of issues and remedies falling outside the jurisdiction of the ASLB and the NRC.
No.
4.
Permittees object to producing the documents described by Gregory Request No. 4 on the grounds that Gregory Interrogatory 5 and each subpart thereof inquires in 2
2E3PCNSES TO NERvEN0!I i 4EtiiT5 FCR PRCMT:CN detail as to matters which have absolutely nothing to do with the sole Contention in this docket, i.e.,
that the " delay of construction of Unit 1 was caused by Applicants' intentional conduct which had no valid purpose and was the result of corporate policies which have not been discarded or repudiated by Applicants."
The broad discovery demanded by Interrogatory No. 5 and its derivative counterpart, Gregory Request No.
4, is wholly outside the scope of these licensing proceedings and appear instead to constitute a fishing expedition for material only related to Intervenor's participation in rate cases before the Texas Public Utility
/
Commission.
Same is, therefore, not.a legitimate purpose for discovery pursuant to 10 CFR sec. 2.i40b.
To permit the Intervenor to engage in global discovery on such wholly unrelated matters is contrary to the purpose and intent of this Commission's rules and would operate to the prejudice of TU Electric and other parties who may be involved in rate cases before the Texas Public Utility Commission.
It is therefore wholly unjustified and unnecessary and should not be permitted by this Board.
The retrospective management audit referenced in the attachment to the December 23, 1985 letter from Robert A.
Wooldridge to Foster DeReitzes was not commissioned for the purpose of addressing the type of issue as specified in the sole currently admitted Contention in this docket and none of the discovery requests relating 3
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s RESPCMSES 10 INTERIEE R'S RE hES!S FOR PR00uCT!0N thereto have been properly focused upon such contention before this Board.
Furthermore, this Board previously determined in Docket 50-445-OL and 50-446-OL that discovery requests of this type, and directed to the same audit, should not be permitted to be used as a fishing expedition for material relevant only to Public Utility Commission issues (see Board's Memorandum and Order of July 22, 1985, " Motions Related to the MAC Report").
Permittees further object to Interrogatory Number 5, and this its derivative counterpart, on the grounds that they a-are overly broad and unduly burdensome by seeking general and unparticularized discovery which exceeds the proper boundaries for discovery of matters related to this docket by interrogating into the preparation for the litigation of issues and remedies falling outside the jurisdiction of the NRC and this ASLB.
Permittees further object to producing the documents described by Gregory Request No. 4 on the grounds that it (1) seeks privileged information constituting the work product of TU Electric, its affiliates, and its attorneys, which work product has been prepared in anticipation and contemplation of the litigation of issues and remedies falling outside the jurisdiction of the ASLB and the NRC; and (2) seeks 4
i
g RESPONSESTOIN!ERVENQSREZESTSf0RPRCECTION privileged information concerning the identities, mental
~
impressions, opinions and work product of consulting experts retained in anticipation and contemplation of the litigation of issues and remedies falling outside the jurisdiction of the ASLB and the NRC.
MOTION FOR PROTECTIVE ORDER To the extent required by 10 CFR 2.740(f), the Permittees move for a protective order on the basis of the objections set forth hereinabove.
.s TEXAS UTIL_ITIES ELECTRIC COMPANY Thomas G. Dignan, [
r.
R.K. Gad III V
William S.
Eggeling Kathryn A.
Selleck ROPES & GRAY 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 5
k
'i 00&E TL D CERTIFICATE OF SERVICE alia
~87 F03 -9 A10:36 I, William S. Eggeling, one of the attorneys for the Permittees herein, hereby certify that on February 3, 1987, I madh[CNebvic' e t of 7F E m cu the within documents by mailing copies thereof, postage prepaid, to:
Peter B.
Bloch, Esquire Mr. James E. Cummins Chairman Resident Inspector Administrative Judge Comanche Peak S.E.S.
Atomic Safety and Licensing c/o U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory P.O.
Box 38 Commission Glen Rose, Texas 76043 Washington, D.C.
20555 Dr. Walter H. Jordan Nancy Williams Administrative Judge Cygna Energy Services, Inc.
c/o Carib Terrace 101 California Street, Suite 1000 552 North Ocean Blvd.
San Francisco, California 94111 Pompano Beach, Florida 33062 Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Stuart A.
Treby, Esquire Mrs. Juanita Ellis Office of the Executive President, CASE Legal Director 1426 S.
Polk Street U.S. Nuclear Regulatory Dallas, Texas 75224 Commission Washington, D.C.
20555
,-m
t Renea Hicks, Esquire Ellen Ginsberg, Esquire Assistant Attorney General Atomic Safety and Licensing Environmental Protection Division Board Panel P.O.
Box 12548, Capitol Station U.S. Nuclear Regulatory Commission Austin, Texas 78711 Washington, D.C.
20555 Anthony Roisman, Esquire Mr. Lanny A.
Sinkin Executive Director Christic Institute Trial Lawyers for Public Justice 1324 North Capitol Street 2000 P Street, N.W.,
Suite 611 Washington, D.C.
20002 Washington, D.C.
20036 Dr. Kenneth A. McCollom Mr. Robert D. Martin Administrative Judge Regional Administrator 1107 West Knapp Region IV Stillwater, Oklahoma 74075 U.S. Nuclear Regulatory Commission Suite 1000 611 Ryan Plaza Drive Arlington, Texas 76011 Elizabeth B. Johnson Geary S. Mizuno, Esq.
Administrative Judge Office of the Executive Oak Ridge National Laboratory Legal Director P.O. Box X, Building 3500 U.S. Nuclear. Regulatory Commission Oak Ridge, Tennessee 37830 Maryland National Bank Bldg.
Room 10105 7735 Old Georgetown Road Bethesda, Maryland 20814 Ms. Billie P. Garde Midwest Office 3424 N. Marcos Lane Appleton, Wisconsin 54911 l
William S.
Eg ling l
I l
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