ML20212J080

Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence

ML20212J080
Person / Time
Site:	Harris
Issue date:	09/29/1999
From:	Curran D AFFILIATION NOT ASSIGNED, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20212J078	List: ML20212J074 ML20212J080
References
LA, OLA, NUDOCS 9910050026
Download: ML20212J080 (11)

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• 00CKETED USWC UNITED STATES OF AMERICA % DCT YNb NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) AD1

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l CAROLINA POWER & LIGHT CO. ) Docket No. 50-400 -OLA l

(Shearon Harris Nuclear ) ASLBP No. 99-762-02-LA l

Power Plant) )

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ORANGE COUNTY'S SECOND SET OF DOCUMENT REQUESTS TO THE NRC STAFF Pursuant to 10 C.F.R. Q 2.744 and 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 submits its second set of document requests to the Nuclear Regulatory Commission ("NRC") Staff. These requests should be answered within 30 days, as required by the regulations. Pursuant to the Commission's regulations on requests for production of records and documents from the Staff, the County submits that this discovery is necessary, j because the requested discovery cannot reasonably be obtained through any means other than these requests. This set of discovery requests has also been served on the Executive Director for Operations.

I. INSTRUCTIONS A. Scope of Discoverv. These interrogatories and document production requests cover all information in the possession, custody and control of the NRC Staff, including l information in the possession of staff members, attomeys, or other persons directly or indirectly employed or retained by them, or anyone else acting on the NRC Staff's behalf or otherwise subject to its control. The discovery sought by this request encompasses material contained in, 9910050026 990929 PDR i 0 ADOCK 05000400 1 PDR l l

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or which might be derived or ascertained from, the personal files of NRC Staff employees, representatives, investigators, and agents.

.B . I ack ofInformatinn- If you currently lack information to answer any Interrogatory completely, please state:

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1. The responsive information currently available; i

l 2. The responsive information currently unavailable; l

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3. Efforts which you intend to make to secure the information currently unavailable; and j 4. When you anticipate receiving the information currently unavailable.

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

later date the NRC Staff obtains or discovers any additional information which is responsive to these interrogatories and request for admissions and production of documents, the Staff shall t

supplement its responses to this request promptly and sufficiently.

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Such supplementation shall include, but not be limited to:

1. the identity and location of persons having knowledge of discoverable l 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. Objectinm- 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 assening the j l

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objection, privilege, immunity or other reason, the person on whose behalf the objection, l 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 t

l 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, l

immunity, or for any other reason, please fumish a list identifying each document for which the .

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. privilege, immunity, or other reason is asserted, together with the following information: date, author and affiliation, recipient and affiliation, persons to whom copies were furnished and the job title and affiliation of any such persons, the subject matter of the documents, the basis for l

l asserting the privilege, immunity, or other reason, and the name of the person ++on whose behalf l

the privilege, immunity, or other reason is asserted.

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

i information underlying the estimate. l II. DEFINITIONS Each of the following definitions, unless otherwise Ndicated, applies to and shall be a part of each interrogatory and request for production which follows:

1. "The NRC Staff" refers to the staff of the U.S. Nuclear Regulatory Commission, its representatives, attomeys, and contractors, or other persons directly or indirectly employed or retained by the NRC Staff, or anyone else acting on its behalf or otherwise subject to its 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

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produced or reproduced and wherever located, 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 thereto, said term includes: records, correspondence, telegrams, telexes, wiring instmetions,

diaries, notes, interoffice and intraoffice communications, minutes of meetings, instructions, l

reports, demands, memoranda, data, schedules, notices, recordings, analyses, sketches, manuals, brochures, telephone minutes, calendars, accounting ledgers, invoices, charts, working papers,

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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 des:gnated 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 i 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.

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

(a) In connection 'vith 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 and job title; (b) In connection with a document, the words " describe" or " identify" mean to 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

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l 5-date, title, caption, or other style by which the document is headed, the name of each person and entity which is a signatory to the document, the date on which the document was prepared, 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 % ment, and any other information necessary to adequately identify the document; l (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" l- mean to state the full name, address and telephone number of the principal place of business of i 1

, such entity.

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

" describe" or " identify" mean to describe the activity, occurrence, or communication, the date of 1

its occurrence, the identify of each person alleged to have had any involvement with or knowledge of the activity, occurrence, or communication, and the identity of any document I 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 communication 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 i

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l words encompasses the plural.

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

III. GENERAL DOCUMENT REQUESTS The County requests the Staff to produce the following documents directly or indirectly i

within its possession, custody or control:

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REOIJEST NO.1. All documents produced in response to any discovery requests submitted to the Staff by the Applicant, Carolina Power & Light Co.

1 IV. SPECIFIC DOCUMENT REQUESTS ,

l The County requests the Staff to produce the following documents directly or indirectly  ;

within its possession, custody or control:

A. TECHNICAL CONTENTION 2 (Criticality Safety):

REQIJEST NO.1 Copies of the Federal Register notices for the proposed and final versions of the General Design Criteria in Appendix A to 10 C.F.R. Part 50 (32 Fed. Reg.10213, July 11,1967) and 36 Fed. Reg. 3,255, February 20,1971).'

REOIIEST NO. 2. All correspondence, reports, memoranda, and notes, considered or relied on by the NRC Commissioners in promulgating General Design Criteria 62 in Appendix A to 10 C.F.R. Part 50, regarding criticality control. (Note that GDC 62 was given a different number in the proposed mle.) This request does not seek copies of comments that are already on file in the NRC's Public Document Room. ,

'The County attempted to locate these documents in the NRC's Public Document Room in Washington, D.C., but the proposed mie is not in the miemaking file and the copy of the fmal rule is so poor as to be virtually illegible.

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e REQIJEST NO. 3. All revisions to Regulatory Guide 1.13, Spent Fuel Storage Facility Design Basis.

REQIJEST NO. 4. All regulations, draft and final regulatory guides, other guidance documents, or decisions of the NRC Commissioners that are used by the NRC staffin interpreting General Design Criterion 62 of Appendix A to 10 C.F.R. Part 50, evaluating compliance with GDC 62, or otherwise evaluating the adequacy of criticality control in nuclear power plant spent fuel pools.

REQtIEST NO. 5. All documents considered or relied on by the NRC Staffin preparing Draft Revision 2 to Regulatory Guide 1.13, Spent Fuel Storage Facility Design Basis (December 1981).

REQUEST NO. 6. All comments on Draft Revision 2 to Regulatory Guide 1.13.

REQIJEST NO. 7. All documents showing any further work performed by the NRC Staff on Rev. 2 of Reg. Guide 1.13 after December 1981, including but not limited to evaluation of comments or other correspondence received by the Staff; notes, correspondence, or memoranda prepared by the Staff; or further revisions to the text of Reg. Guide 1.13.

REQIJEST NO. R. All documents that describe nuclear power plant operators' practical experience with misplacement of fresh or spent fuel in fuel pools.

REQ 1 JEST No. 9. All documents that analyze or evaluate nuclear power plant nuclear power plant operators' experience with fresh or spent fuel misplacement in fuel pools.

REQ 11EST NO.10. All documents containing any analysis of the probability and/or consequences ofpotential misplacements of fresh or spent fuel in spent fuel pools.

REQIJEST NO.11. All documents that describe nuclear power plant operators' practical experience with errors in controlling boron concentration in the water in fuel pools.

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8 REQUEST NO 12. All documents that describe practical experience with events or I processes that affect the boron loading in the walls of racks in fuel pools. '

REQUEST NO.13. All documents containing any analysis of nuclear power plant operators' experience with errors in controlling boron concentration in the water in fuel pools.

REQUEST NO.14. All documents containing any analysis of nuclear power plant operators' experience with events or processes that affect the boron loading in the walls of racks in fuel pools.

REQUEST NO.15. All documents containing any analysis of the probability and/or i

consequences of potential accidents resulting from improper boron concentrations in spent fuel l pools or improper boron loadings in the rack walls.

REQUEST NO._1fi. All documents containing any analysis of the probability and/or I

consequences of potential criticality events in fuel pools, involving fresh and/or spent fuel.

i B. TECHNICAL CONTENTION 3 (Quality Assurance)

REQUEST NO.1. All documents that describe nuclear power plant operators' practical experience with leakage of water from piping that is embedded in concrete.

REOUEST NO. 2. All documents that describe nuclear power plant operators' practical experience with leakage of water from fuel pools and/or from piping or equipment associated with fuel pools.

REQUEST NO. 3. All documents containing any analysis of nuclear power plant operators' experience with leakage of water from embedded piping, from fuel pools, or from piping or equipment associated with fuel pools, seeking to learn generic lessons from this experience.

REQUEST NO. 4. All documents that describe or predict the effects on reinforced

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9 concrete structures of prolonged internal exposure to water.

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! REOURST NO 5 All documents containing any analysis of the implications for safe i

l operation of a fuel pool if the cooling and/or cleanup system becomes unavailable for a l

prolonged period.

REQUEST NO 6. All documents that describe nuclear power plant operators' practical I

experience with prolonged layup of piping or equipment associated with fuel pools, or of similar ',

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piping or equipment.

REQUEST NO 7. All documents that contain any analysis of nuclear power plant operators' experience with prolonged layup of piping or equipment.

Respectfully submitted,

! Diane Curran l Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1726 M Street N.W., Suite 600 i Washington, D.C. 20036 l 202/328-3500  !

l e-mail: Dcurran@harmoncurran.com September 29,1999 l

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BOCKETED USFPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m Og -4 P 3 58

! In the Matter of ) Oi!

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

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CERTIFICATE OF SERVICE I certify that on September 29,1999, copies of the foregoing ORANGE COUNTY'S SECOND SET OF DOCUMENT REQUESTS TO THE NRC STAFF 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 Regul.ary Commission Po.;t Office Box 1551 - CPB 13A2 I Washington, D.C. 20555 Raleigh, NC 27602-1551 E-mail: hearingdocket@nrc. gov E-mail: steven.carr@cplc.cora 4 Susan L. Uttal, Esq. Alice Gordon, Chair 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 PaulThames 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 l

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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 l 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 In addition, the foregoing pleading was served by first-class mail on:

I William D. Travers l Executive Director for Operations Mail Stop O-16 EIS I l U.S. Nuclear Regulatory Commission j l Washington, D.C. 20555 l- Diane Curran i

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