ML20210L957

Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence

ML20210L957
Person / Time
Site:	Harris
Issue date:	08/06/1999
From:	Curran D AFFILIATION NOT ASSIGNED, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP.
To:	CAROLINA POWER & LIGHT CO.
References
CON-#399-20716 99-762-02-LA, OLA, NUDOCS 9908100071
Download: ML20210L957 (12)

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GOY mumm m asm*855 DOCKETED UShRC August 6,1999 UNITED STATES OF AMERICA '99 AUG -9 P3 :41 NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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CAROLINA POWER & LIGHT CO. ) Docket No. 50-400 -OLA (Shearon Harris Nuclear ) ASLBP No. 99-762-02-LA Power Plant) )

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ORANGE COUNTY'S FIRST SET OF DISCOVERY REQUESTS DIRECTED TO TIIE APPLICANT Pursuant to the Board's Memorandum and Order (Granting Request to Invoke 10 C.F.R. Part 2, Subpart K Procedures and Establishing Schedule (July 29,1999), Orange County hereby requests that the Applicant, Carolina Power & Light Co. ("CP&L") answer the following General Interrogatories separately, fully, in writing, and under oath within 15 days after service of this discovery request, and produce the documents requested below within 30 days after service of this request.

L INSTRUCTIONS A. Scone of Discovery. These interrogatories and document production requests cover all information in the possession, custody and control of CP&L, including information in the possession of officers, employees, agents, servants, representatives, attorneys, or other persons directly or indirectly employed or retained by them, or anyone else acting on CP&L's behalf or otherwise subject to its control. The discovery sought by this request encompasses material contained in, or which might be derived or ascertained from, the personal files of CP&L employees, representatives, investigators, and agents.

B. Lack of Information. If you currently lack infonnation to answer any 9908100071 990806 PDR ADOCK 05000400 Op C PDR

Interrogatory completely, please state:

1. The responsive information currently available;

2. - - The responsive information currently unavailable;

3. Efforts which you intend to make to secure the information currently unavailable; and I

~4. When you anticipate receiving the information currently unavailable.

i C. Sunnlemental Reannnces Each of the following requests is a continuing one pumant to 10 C.F.R. Q 2.740(e) and the County hereby demands that, in the event that at any

- later date CP&L obtains or discovers any additional information which is responsive to these interrogatories and request for admissions and production ofdocuments, CP&L shall supplement its responses to this request promptly and sufficiently.

Such supplementation shall include, but not be limited to:

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1. . the identity and location of persons having knowledge of discoverable i matters; ,

2. . the identity of each person expected to be called as an expert witness at any hearing, the subject matter on which she/he is expected to testify, and the substance of her/his testimony; and

3. new information which makes any response hereto incorrect.

!' D. Objectinna If you object to or refuse to answer any interrogatory under a claim i

of privilege, immunity, or for any other reason, please indicate the basis for asserting the objection, privilege, immunity or other reason, the person on whose behalf the objection, privilege, immunity, or other reason is asserted, and describe the factual basis for asserting the objection, privilege, immunity, or other reason in sufficient detail so as to permit the L1

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administrative judges in this matter to ascertain the validity of such assertion.

If you withhold any document covered by this request under a claim of privilege, immunity, or for any other reason, please furnish a list identifying each document for which the privilege, immunity, or other reason is asserted, together with the following information: date, author and affiliation, recipient and affiliation, persons to whom copies were fumished and the

. job title and affiliation of any such persons, the subject matter of the documents, the basis for asserting the privilege, immunity, or other reason, and the name of the person ++on whose behalf the privilege, immunity, or other reason is asserted.

E. Estim*t Interrogatories calling for numerical or chronological infonnation shall be deemed, to the extent that precise figures or dates are not known, to call for estimates. In each instance that an estimate is given, it should be identified as such together with the source of infonnation underlying the estimate.

11. DEFINITIONS Each of the following definitions, unless otherwise indicated, applies to and shall be a part of each interrogatory and request for production which follows:

1. "CP&L," " Applicant,""you,"_ and "your" refers to Carolina Power & Light Co.,

. and its their officers, employees, agents, servants, representriives, attomeys, or other persons directly or indirectly employed or retained by CP&L, or anyone else acting on its behalf or

. otherwise aubject to their control.

'2. The term " documents" means the originals as well as copies of all written, printed, typed, recorded, graphic, photographic, and sound reproduction matter however

. produced or aproduced and wherever locM ed, over which you have custody or control or over which you have the ultimate right to custody or control. By way ofillustration, but not limited

.. 1 thereto, said term includes: records, correspondence, telegrams, telexes, wiring instructions, diaries, notes, interoffice and intraoffice communications, minutes of meetings, instructions, reports, demands, memoranda, data, schedules, notices, recordings, analyses, sketches, manuals, brochures, telephone minutes, calendars, accounting ledgers, invoices, charts, working papers, computer tapes, computer printout sheets, information stored in computers or other data storage or processing equipment, microfilm, microfiche, corporate minutes, blueprints, drawings, contracts and any other agreements, rough drafts, and all other writings and papers similar to any of the foregoing, however designated by you. If the document has been prepared and several copies or additional copies have been made that are not identical (or are no longer identical by reason of the subsequent addition of notations or other modifications), each non-identical copy is to be construed as a separate document. )

3. "All documents referring or relating to" means all documents that in whole or in part constitute, contain, embody, reflect, identify, state, interpret, discuss, describe, explain, apply to, deal with, evidence, or are in any way pertinent to a given subject. l j

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4. The words " describe" or " identify" shall have the following meanings:

(a) In connection with a person, the words " describe" or " identify" mean to state the name, last known home and business address, last known home and business telephone number, and last known place of employment andjob title; *

(b) In connection with a document, the words " describe" or " identify" mean to ,

1 give a description of each document sufficient to uniquely identify it among all of the documents related to this matter, including, but not limited to, the name of the author of the document, the i

date, title, caption, or other style by which the document is headed, the name of each person and l entity which is a signatory to the document, the date on which the document was prepared, l

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q signed, and/or executed, the person or persons having possession and/or copies thereof, the person or persons to whom the document was sent, all persons who reviewed the document, the substance and nature of the document, the present custodian of the document, and any other l information necessary to adequately identify the document; (c) In connection with an entity other than a natural person (e.g., corporation, partnership, limited partnership, association, institution, etc.), the words " describe" or " identify" mean to state the full name, address and telephone number of the principal place of business of such entity.

(d) In connection with any activity, occurrence, or communication, the words ,

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" describe" or " identify" mean to describe the activity, occurrence, or communication, the date of its occurrence, the identify of each person alleged to have had any involvement with or j knowledge of the activity, occurrence, or communication, and the identity of any document recording or documenting such activity, occurrence, or communication.

5. "Date" shall mean the exact day, month, and year, if ascertainable, or if not, the best approximation thereof(including by relationship to other events), and the basis for such approximation.

6. The word " discussion" shall mean conununication of any kind, including but not limited to, any spoken, written, or signed form of communication.

7. The word " person" shall include any individual, association, corporation, partnership, joint venture, or any other business or legal entity.

8. Words herein of any gender include all other genders, and the singular form of words encompasses the plural.

9. The words "and" and "or" include the conjunctive "and" as well as the disjunctive

"or" and the words "and/or." '

IIL GENERAL DISCOVERY A. GENERAL INTERROGATORIES Pursuant to agreement between the Board of Commissioners of Orange County (" Orange County") and Carolina Power & Light Company ("CP&L"), these general interrogatories apply to both Orange County admitted contentions; .are in addition to the filleen interrogatories per contention allowed by the Board's July 29,1999, Memorandum and Order; and are continuing in accordance with 10 CFR Q 2.740(e) through the end of the discoven period, Oc'<,ber 31,1999, as established in the Board's July 29,1999 Memorandum and Order.

GENER AL INTERROGATORY NO.1. State the name, business address, and job title of each person who supplied information for responding to these interrogatories, re c for admission, and requests for the production of documents. Specifically note for which interrogatories and requests for admissions each such person supplied information. For requests for production, note for which contention each such person supplied information'.

GENERAL INTERROGATORY NO. 2. For each admitted Orange County contention, give the name, address, profession, employer, area of professional expertise, and educational and scientific experience of each person whom CP&L expects to provide t, worn affidavits and declarations in the written filing for the Subpart K proceeding described in the Board's July 29, 1999, Memorandum and Order and the general subject matter on which each person is expected to provide sworn affidavits and declarations for the written filing. For purposes of answering this interrogatory, the educational and scientific experience of expected affiants and declarants may

> be provided by a resume of the person attached to the response.

r' GENERAL INTERROGATORY NO. 3. For each admitted Orange County contention,

identify each expert on whom CP&L intends to rely on in its written filing for the Subpart K proceeding described in the Board's July 29,1999 Memorandum and Order, the general subject matter on which each expert is expected to provide sworn affidavits and declarations for the written filing, the qualifications of each expert whom CP&L expects to provide sworn affidavits and declarations for the written filing, a list of all publications authored by the expert within the preceding ten years, and a listing of ar.y other cases in which the expert has testified as an expert at a trial, hearing or by deposition within the preceding four years.

B. GENERAL DOCUMENT REQUESTS The County requests the Applicant to produce the following documents directly or indirectly within its possession, custody or control.

REQUEST NO 1. All documents in your possessic,n, custody or control that are identified, referred to or used in any way in responding to all of the above general interrogatories and the following interrogatories and requests for admissions relating to specific contentions.

REQUEST NO. 2. All documents in your possession, custody or control relevant to each Orange County admitted contention, and to the extent possible, segregated by contention and separated from already produced documents.

REQUEST NO. 3. All documents (including experts' opinions, workpapers, affidavits, and other materials used to render such opinion) supporting or otherwise relating to testimony or evidence that you intend to use in your Subpart K presentation and/or the hearing on each Orange County admitted contention.

REQUEST NO. 4. A current and fully updated version of the Final Safety Analysis Report ("FSAR") and Technical Specifications (" Tech Specs'-) for the Hanis nuclear power plant.

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8 C. SPECIFIC DOCUMENT REQUESTS Please produce the following documents:

TECHNICAL CONTENTION 2 (Criticality Safety):

REQtIEST NO.1. All documents relating to criticality safety at Harris and/or any other nuclear power plant.

REQUEST NO. 2. All documents addressing planning, analysis, procedures and trcining relating to movement of fuel (fresh and spent) in and out of Harris pools.

REQIIEST NO. 3. All documents addressing the record of experience with movement of fuel (fresh and spent) at CP&L plants and other plants.-

REQUEST NO. 4. All documents addressing the administrative controls that are intended to prevent misplacement or inappropriate placement of fuel in Harris pools C and D.

REQ 1 JEST NO. 5. All documents addressing the record of experience with similar 1

administrative controls at CP&L plants and other nuclear power plants.

REQUEST NOJ.- All documents addressing planning, analysis, procedures and trair.ing for control of boron content in Harris pools.

REQUEST NO. i All documents addressing the record of experience with control of boron content in pools at CP&L plants and other nuclear power plants.

REQUEST NO. 8. Documents addressing the probability and/or consequences of criticality in a fuel pool.

REQUEST NO. 9. The documents addressed in footnotes 29 and 30 of Applicant's Answer to Petitioner Board of Commissioners of Orange County's Contentions (May 5,1999)

(" Applicant's Answer").

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9 REQ 1IEST NO.10. Documents addressing the interpretation by CP&L and/or other entities of NRC Draft Regulatory Guide 1.13.

REQIIEST NO 1 t. All calculations and analyses done in support of CP&L's June 14, 1999, response to the NRC's April 29,1999, Request for Additional Information, which was enclosed in a letter from Donna B. Alexander to NRC Document Control Desk. This request includes but is not limited to the Holtec International calculations referred to on page 1, and the Criticality Safety Calculations referred to on page 3.

REQ 1IEST NO.12. All procedures referred to in CP&L's June 14,1999, RAI Response, including but not limited to HNP chemistry procedure CRC-001, NFP-NGGC-0003, " Procedure i

for Selection ofIrradiated Fuel for Shipment in the IF-300 Spent Fuel Cask.

TECHNICAL CONTENTION 3 (QA):

REQIJEST NO.1 All drafts and versions of the 10CFR50.55a Alternative Plan that i was submitted with CP&L's License Amendment Application. (Enclosure 8 of the license amendment application says, at page 1, that it provides an outline of this Alternative Plan.)

REQUEST NO. 2. The Equipment Commissioning Plan that is mentioned on page 42 of the Applicant's Answer.

REQIIEST NO. 3. All documents addressing the history oflayup and storage of all ,

piping and equipment (including pumps and heat exchangers) that was intended for Hurris Unit 2 and will be used for pools C and D. This request includes but is not limited to documents related to inspection and testing of the piping and equipme it.

REQ 1 JEST NO. 4. All documents addressing the testing of water that has been present in stored piping and equipment.

REQIIEST NO. 5. Docura,mts addressing the nature and findings of remote camera I

inspections and other inspections that have been carried out to date as part of preparations for activating pools C and D.

REQUEST NO. 6. All documents addressing the potential risks or adverse health or economic effects of deficiencies in existing piping and equipment.

REQUEST NO 2. All documents addressing the schedule of activities that are planned ,

for activating pools C and D. This request includes but is not limited to activities that relate to piping and equipment for pools C and D.

Respectfully submitted, D

bk Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 e-mail: Dcurran@harmoncurran.com August 6,1999 j i

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-D 00CKETED US:lRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of ) OQl CAROLINA POWER & LIGHT

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)_ Docket No. 50-400 -OLA (Shearon Harris Nuclear ) ASLBP No. 99-762-02-LA Power Plant) )

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CERTIFICATE OF SERVICE I certify that on August 6,1999, copies of the foregoing ORANGE COUNTY'S FIRST SET OF DISCOVERY REQUESTS DIRECTED TO THE APPLICANT were served on the following by e-mail and/or first class mail as indicated below:

Secretary of the Commission Steven Carr, Esq.

- Attention: Rulemakings and Adjudications Carolina Power & Light Co.

Staff 411 Fayetteville Street Mall U.S. Nuclear Regulatory Commission Post Office Box 1551 - CPB 13A2 Washington,D.C. 20555 Raleigh, NC 27602-1551 E-mail: hearingdocket@nrc. gov E-mail: steven.carr@cplc.com ,

l Susan L. Uttal, Esq. Alice Gordon, Chair I Office of the General Counsel Orange County Board of Commissioners U.S. Nuclear Regulatory Commission P.O. Box 8181 Washington, D.C. 20555 Hillsborough,NC 27278 E-mail: mlz@nrc. gov E-mail: gordonam@mindspring.com Paul Thames Adjudicatory File County Engineer Atomic Safety and Licensing Board Orange County Board of Commissioners U.S. Nuclear Regulatory Commission P.O. Box 8181 Washington, D.C. 20555-0001 Hillsborough,NC 27278 Dr. Peter S. Lam Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T 3F-23 Mail Stop T 3F-23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 E-mail: psl@,nrc. gov E-mail: fjs@nrc. gov

M ujDi John H. O'Neill, Jr., Esq. G. Paul Bollwerk, III, Chairman William R. Hollaway, Esq. Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge Mail Stop T 3F-23 2300 N Street N.W. U.S. Nuclear Regulatory Commission Washington, D.C. 20037-1128 Washington, D.C. 20555 E-mail: john _.o'neill@shawpittman.com, E-mail: gpb@nrc. gov william.hollaway@shawpittman.com Diane Curran l

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