ML20211F520
| ML20211F520 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/20/1987 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | |
| References | |
| CON-#187-2569 OL, NUDOCS 8702250117 | |
| Download: ML20211F520 (7) | |
Text
7669 RELATED CORRESPONDLN9L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2/20/87 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD k(HIED g
In the Matter of I
Docket Nos. 50-445 J 0 TEXAS UTILITIES ELECTRIC COMPANY, et al.
(ApplicatigIn~foran
~
(Comanche Peak Steam Electric i
Operating de'ense).
Station, Units 1 and 2) l CASE'S PROGRESS REPORT (IV)
Pursuant to the June 6,1986, Board's Memorandum and Order (Progress Report and Notice of Avilable Documents), CASE submits its fourth progress report.
CASE is currently still engaged in attempting to obtain discovery from both Applicants and NRC Staf f regarding those portions of Applicants' CPRT
, Plan which are to be included in the upcoming proceedings n /, and in reviewing those responses which we have obtained to date. At Applicants' request, CASE and Applicants have mutually agreed that the time within which Applicants may respond to CASE's 1/21/87 Motion to Compel Applicants to Provide Complete Answers to CASE's 9/18/86 CPRT Discovery - 12, Sampling, is enlarged through February 27, 1987 L2/.
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11/ As discussed in the Board's order during 8/19/86 prehearing conference (TR. 24603-24605); and in CASE's 9/15/86 letter to Board under
Subject:
Memorialization of Changes in Recent Board Orders and/or Filing Dates i
for Certain Pleadings, item 4, pages 2 and 3.
See also 11/21/86 letter from CASE's Mrs. Ellis to Applicants' counsel Mr. Gad.
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/2/ See 2/10/87 letter to Board from Applicants' counsel Mr. Gad.
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PDR ADOCK 05000445 hp G
PDR l
On 1/21/87, CASE filed its Motion to Compel NRC Staff to Supplement Responses to Question 1 of CASE's'2/10/82 First Set of Interrogatories and Requests to Produce to NRC Staff, regarding trending performed by the NRC Staff, as referenced in the recent OIA report (Board Notification No. 86-24) f3/. At the Staff's request, the date for filing a response to CASE's Motion was extended by mutual agreement between CASE and Staff counsel Mr.
Mizuno until February 17, 1987.
(CASE in Dallas has not yet received the i
response, which is not unexpected given the usual time for, mail delivery.)
CASE is also still working on its analyses of Results Reports, and our review and analyses are continuing of other documents received on discovery and other documents requested or received recently (for example, those listed by Applicants in their 2/10/87 Fourth Progress Report and in Applicants' Annotated Bibliographies, as well as other documents received on discovery, etc.).
We expect to file additional discovery requests regarding these matters f4/.
^
As mentioned in our 12/15/86 third Progress Report, we have received some responses to discovery requests filed regarding the Stone & Webster' f3,/
See also CASE's 1/29/87 letter to Board, under subject of Additional Information Regarding OIA Report, Board Notification No. 86-24, Report of Investigation by the Office of Inspector and Auditor, sent to the Board and Service List under cover letter 12/11/86 from NRC Staff's Mr.
1 Noonan.
/4/ CASE has previously noted that Applicants stated that they were about to issue Revision 4 of the CPRT Program Plan (confirmed again by Applicants on page 1 of attachment to Applicants' 12/1/86 Response to Board Concerns and not changed since). We again respectfully request that the Board inquire immediately into the status of Revision 4, if there is to be one (see page 2, Footnote 4, of CASE's 12/15/86 Progress Request (III)); this is important for all discovery matters, including design / design OA.
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" Generic Technical Issues" Report f5/ and discovery and discussions will be continuing regarding those responses, as well as on other discovery requests regarding which Motions to Compel-by CASE are in abeyance awaiting results of further informal discussions between CASE and Applicants f6/.
In the past, Applicants' and CASE's joint efforts had appeared to be fruitful in many areas, and we had mutually agreed on further extensions of time so that these efforts could continue; we will continue to keep the Board advised in this regard.
The problem because of Applicants' position /7/ that no one [ emphasis by Applicants] associated with the Applicants -- other than their counsel of record -- was to communicate with CASE on any subject, and that all such communications were to be limited to Mr. Roissan or Ms. Garde (i.e., that no one with Applicants was to converse with Mrs. Ellis) has now been resolved with the 1/28/87 letter from Applicants' counsel Mr. Wooldridge to CASE's Mrs. Ellis.
/5/ Applicants' 9/5/86 Responses to CASE's 7/29/86 Interrogatories and Request for Documents and Motion for Protective Order.
f6/ See: CASE's 9/15/86 letter to Board, under
Subject:
Memoralization of Changes in Recent Board Order and/or Filing Dates for Certain Pleadings, item 1; and 11/21/86 letter from CASE's Mrs. Ellis to Board under
Subject:
Enlargement of Time for Filing of Motions to Compel.
In a 12/2/86 joint letter from CASE's Mrs. Ellis and Mr. Roisman to Applicants' counsel Mr. Dignan (not sent to the service list}, CASE stated that:
"In the expectation that this matter will be resolved promptly, Mrs. Ellis does not intend to file motions to compel (pending further discussions with Ap<licants' counsel) regarding those discovery matters about which she has been engaged in discussions with Applicants; those motions to compel had been tentatively scheduled to be filed this Saturday, December 6, 1986 (see 11/21/86 letter to Board from Mrs. Ellis)."
f7/ See 11/24/86 letter from Applicants' counsel Mr. Dignan to CASE's (TLPJ) Mr. Roissan; see also 11/7/86 letter from CASE's Mr. Roisman to Applicants' Mr. Cad; 11/21/86 letters from CASE's Mrs. Ellis to:
Applicants' Mr. Counsil; Applicants' counsel Mr. Gad; and Board.
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K On January 29, 1987, Applicants' filed three Sets (1987-1,-2, and 3) of Interrogatories to CASE. On 2/17/87, CASE filed its Motion for Protective Order and Memorandum in Support regarding those Interrogatories.
Since our last Progress Report, CASE has sent to the Board some additional documents which we-believe are significant or potentially significant /8/, in accordance with the Board's stated desire to be kept informed of such matters. We shall continue to do so, and we are sending some additional such documents to the Board with this same mailing.
Since our last Progress Report, CASE has also filed our 12/30/86 Partial Response to Applicants' 12/1/86 Response to Board Concerns.
Although we tre unable to be as specific about dates by which discrete tasks will be completed as we would like, CASE remains hopeful that -- once pending discovery matters are settled, and now that the communication problem discussed in our third Progress Report has been resolved -- the joint efforts of Applicants and CASE to better communicate, and to work out discovery problems to the extr.nt possible before involving the Board, will again be productive and wil.1 ultimately be beneficial to the Board, the parties, and the record of these proceedings. We continue to believe that (in spite of some hopefully-temporary setbacks) the discovery process is generally working more smoothly than had been the case previous to the 8/19/86 CASE / Applicants Agreement, and that, although there continue to be some problem areas which will ultimately have to be settled by the Board, efforts are continuing between Applicants and CASE to work out disagreements, and both parties
~
/8/ See CASE's 12/23/86 and 1/29/87 letters to the Board under subject:
~~'
Potential 10 CFR 50.55(e) Items, and CASE's 12/30/86 letter to the Board under subject: Potentially Significant items.
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will be seeking and granting extensions of time where such efforts appear tobeproductivef9/.
There is one additional matter which CASE believes is potentially very significant for these proceedings (which we assume the NRC Staff will be addressing in more detail when they file their upcoming Progress Report) --
the internal restructuring of the NRC Staff, especially as it relates to Comanche Peak. At this time, CASE does not have sufficient details to be able to assess exactly how this major change may impact these proceedings.
However, we are concerned from several aspects and look forward to receiving more detailed specific information, such as to whether or not those individuals within the NRC Staff who are familiar with Comanche Peak and its problems will still be involved; it is our understanding that Mr. Vince Noonan will not be.
Respectfully submitted, 3 <
Y hL g[(Mrs.JuanitaEllis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 Co-Representative for CASE Filed: February 20, 1987 19/ As has been indicated previously, it is the understanding of both CASE and Applicants that, in cases of agreement on enlargements of time, the Board does not require that any action be taken by it, but rather is satisfied with notice of the agreement.
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o rauur as
'87 FEB 24 Pl2:29 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OCCdEix; A 1 'v u:t BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BR A Nca.
In the Matter of
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TEXAS UTILITIES ELECTRIC
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Docket Nos. 50-445 COMPANY, el a_l,.
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and 50-446 (Comanche Peak Steam Electric
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Station, Units 1 and 2)
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_ CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE's Progress Report (IV)
I have been sent to the names listed below this day of February,198d, 20th by: Express Mail where indicated by
- and First Class Mail elsewhere.
Administrative Judge Peter B. Bloch Nicholas S. Reynolds, Esq.
U. S. Nuclear Regulatory Commission Bishop, Liberman, Cook, Purcell Atomic Safety & Licensing Board
& Reynolds Washington, D. C.
20555 1200 - 17th St., N. W.
Washington, D.C.
20036 Judge Elizabeth B. Johnson Oak Ridge National Laboratory Geary S. Mizuno, Esq.
P. O. Box X, Building 3500' Office of Fxecutive Legal Oak Ridge, Tennessee 37830 Director U. S. Nuclear Regulatory Dr. Kenneth A. McCollom Commission 1107 West Knapp Street Washington, D. C.
20555 Stillwater, Oklahoma 74075 Dr. Walter H. Jordan Chairman, Atomic Safety and Licensing 881 W. Outer Drive Board Panel Oak Ridge, Tennessee 37830 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 1
O E.
o Chairman Renea Ricks, Esq.
Atomic Safety and Licensing Appeal Assistant Attorney General Board Panel Environmental Protection Division U. S. Nuclear Regulatory Commission Supreme Court Building Washington, D. C.
20555 Austin, Texas 78711 Mr. Robert Martin Anthony Z. Roissan, Esq.
Regional Administrator, Region IV Trial Lawyers for Public Justice U. S. Nuclear Regulatory Commission 2000 P Street, N.'W., Suite 611 611 Ryan Plaza Dr., Suite 1000 Washington, D. C.
20036 Arlington, Texas 76011 Mr. Herman Alderman Lanny A. Sinkin Staff Engineer Christic Institute Advisory Committee for Reactor 1324 North Capitol Street Safeguards (MS H-1016)
Washington, D. C.
20002 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 Robert A. Wooldridge, Esq.
Worsham, Forsythe, Sampels William Counsil, Vice President
& Wooldridge Texas Utilities Generating Company 2001 Bryan Tower, Suite 3200 Skyway Tower Dallas, Texas 75201 400 North Olive St., L.B. 81 Dallas, Texas 75201 Thomas G. Dignan, Jr., Esq.
Ropes & Gray Docketing and Service Section 225 Franklin Street (3 copies)
Boston, Massachusetts 02110 Office of the Secretary l
U. S. Nuclear Regulatory Commission Ms. Nancy H. Williams L
Washington, D. C.
20555 Project Manager Cygna Energy Services Ms. Billie P. Garde 101 California Street, Suite 1000 Government Accountability Project San Francisco, California Midwest Office 94111-5894 3424 N. Marcos Lane Appleton, Wisconsin 54911 Mark D. Nozette, Counselor at Law Roy P. Lessy, Jr., Esq.
Heron, Burchette, Ruckert & Rothwell Wright & Talisman, P. C.
1025 Thomas Jefferson Street, N. W.,
1050 Seventeenth St., N.W.
Suite 700 Washington, D. C.
20036-5566 Washington, D. C.
20007 I
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s.) Juanita Ellis, President l
cc SE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 l
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