ML20214P126

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Requests Order Requiring Answers to Encl Interrogatories & Preservation of Right to Take Depositions of NRC Witnesses 30 Days After Disclosure of Witnesses Names.Proof of Svc Encl.Related Correspondence
ML20214P126
Person / Time
Site: Humboldt Bay
Issue date: 05/28/1987
From: Fielder S
FIELDER, S.L., JOINT INTERVENORS - HUMBOLDT BAY
To: Lazo R
Atomic Safety and Licensing Board Panel
References
CON-#287-3624 OLA, NUDOCS 8706030213
Download: ML20214P126 (8)


Text

. .

  • &bh SCOTT L. FIELDER

'i i Attorney At Law -

517 Third Street. Suite 14 Eureka. California 95501 . y. H : e (707) 444 3031 "W'

May 28, 1987 0 WEsportDei& '87 JUN -1 P1 :59

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s-Robert M. Lazo, Esq.

i Chairman Atomic Safety and Licensing Board United States Nuclear Regulatory Commission

. Washington, D. C. 20555 ,

Ret Humboldt Bay Proceeding Docket No. 50-133-OLA (Decommissioning)

Request for Discovery and for Preservation of Deposition Rights

Dear Mr. Lazo:

r Pursuant to 10 CFR 2.720 (h) (2) ti)-(iii) , the Intervenors request an order, if it is necessary, that the NRC Staff be required by the ASLB to answer the questions contained in the attached inter-rogatories. It is the desire of the Intervenors, after obtaining the answers to the aforementioned interrogatories, to also preserve their right to take deposition (s) of the identified NRC Staff witness (es).

The Intervenors also desire to preserve their right to take  ;

the depositions of the witnesses the Licensee will call at the time of hearing. As of yet, the Licensee, despite earlier request, has

, not disclosed their witnesses, and the Intervenors are not aware of.

which witness (es) the NRC Staff-may call. This presents a logistical 4 problem for the Intervenors inasmuch as the Board has set a discovery

' deadline of 30 days after the receipt of the FES/SER.

j Therefore, the Intervenors respectfully request that the NRC ,

Staff be required to answer the enclosed interrogatories, and that j the.Intervenors' right to take the depositions of the NRC Staff and l Licensee's witnesses be extended until 30 days after disclosure of same, i

Respectfully, Q .  ?>

f ' MT ) _ MI. -

SCOTT L. FIELDER Attorney.for the Intervenors

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cc: all parties of record 8706030213 870528 ADOCK 0500 3 . g gDR

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1 SCOTT L. FIELDER Attorney at Law 2 517 Third Street, suite 14 '87 s! -1 P 2 :00 Eureka, California 95501 3 Telephone: (707) 444-3031 6Fi*

4 Attorney for the Joint Intervenors Louglas H. Bosco, Wesley Chesbro, 5 Daniel E. Hauser, Barry Keene, The Redwood Alliance, Ralph Kraus, Ncna 6 Kraus, Gaye M. Barr and the League of Women Voters of Humboldt County 8 UNITED STATES OF AMERICA 9 NUCLEAR REGULATORY COMMISSION 10 1] ) Docket No. 50-133 OLA

) (Decommissioning) 12 )

) ASLBP No. 86-536-07 LA 13 In The Matter Of )

Pacific Gas and Electric ) JOINT INTERVENORS' FIRST SET OF 14 Company (Humboldt Bay ) INTERROGATORIES PROPOUNDED TO Power Plant, Unit No. 3) ) THE NRC STAFF 15 .

16 1. PROPOUNDING PARTY: The Joint Intervenors LEAGUE OF WOMEN VOTERS OF HUMBOLDT COUNTY, 17 DANIEL E. HAUSER, BARRY KEENE, DOUGLAS H. BOSCO, WESLEY CHESBRO, 18 REDWOOD ALLIANCE, RALPH KRAUS, NONA KRAUS and GAYE M. BARR 19

2. SET NUMB 5:R: ONE 20
3. RESPONDING PARTY: NRC STAFF 21 22 YOU ARE HEREBY REQUESTED to answer under oath the follow-  ;

23 ing interrog'atories within fourteen (14) days from the time ser- j i

24 vice is made upon you, in accordance with 10 Code of Federal 25 Regulations section 2.740 (b) . l 26 //

27 //

28 //

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1

'2 GENERAL PROVISIONS 3

4 4

- The interrogatories ask not only for your own knowledge 5 and the contents of your books and records but also the knowledge 6 of all other persons of whom inquiry may reasonably be made aad 7 the contents of your books and records, and those,available to 8 you for examination. Your answers to these interrogatories 9 should be based on all of the aforementioned sources.

10 If, following your exercise of due diligence to answer 11 any interrogatory, you are still unable to provide the'informa-12 tion requested, please state in detail:

13 (a) Your answer to the fullest extent possible; 14 (b) Why you are unable to answer more fully; 15 (c) What efforts you have made to answer fully; 16 (d) The anticipated date of your completion of such 17 investigation and discovery necessary to answer 18 fully.

19 When an interrogatory asks you to identify a writing, 20 you may in lieu of answering that interrogatory, attach a copy 21 of that writing with a statement in answer to the interrogatory 22 that such copy is attached and such copy is a true copy of the 23 original of the writing. If you refuse to voluntarily attach 24 a copy of that writing, then identify each such writing in 25 detail'so that it may be produced by you in response to a 26 Notice to Produce or other discovery devices.

27 //

28 //

-2.

t 1 II 2 DEFINITIONS 3

4 - When used in these interrogatories and for purposes 5 thereof:

6 (a) Licensee means and refers to Pacific Gas and 7 Electric Company, its agents, employees, servants, 8 representatives, and anyone acting on its behalf 9 or at its request; 10 (b) Facility means and refers to the Humboldt Bay II Power Plant, Unit No. 3; 12 (c) Writing means handwriting, typewriting, printing 13 photostating, photographing, and every other means 14 of recofding upon any tangible thing any form of 15 communication or representation including letters, 16 words, pictures, sounds, or symbols, or combination 17 thereof.

18 19 20 INTERROGATORY No. 1 21 For each Contention which has been admitted by the 22 Licensing Board in the Prehearing Conference Order dated December 23 3, 1986, in the above-captioned proceeding, list the following:

24 (a) The identity of each person expected to be called 25 as a witness at the hearing; 26 (b) The subject matter on which the witness is expected 27 to testify; 28 (c) The substance of the witness's testimony; and, i

1 (d) The witness's professional or other qualifications 2 to testify on the subject mat.ter on which the 3 witness will testify.

4 Respectfully submitted, 5 cated: S/g /f/

6 7

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SCOTT L. FIELDER 0 Attorney for the Intervenors 10 11 12 13 14 15 16 17 18 19 20 21 22 4

23 24 25 26 27 I

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~1 20LKETLD NT PROOF OF SERVICE I am a resident of the County of Humboldt; . I .am ove[thP -1 P2 :00 age of eighteen years and not a party to the within action; my business address is 517 - 3rd Street, Suite 14, Eureka, California,.

09CFli . . - a-95501. ,.;...

On 'l)4 M ,( , I served the withim JOINTINTERVEbORS' FIRST SET OF INTERROGATORIES PROPOUNDE{TO 4

THE NRC STAFF '

4 on the interested parties in said action i

(XX) By placing a true copy thereof enclosed in a sealed en-velope with postage thereon fully prepaid, in the United States mail at Eureka, California, addressed as listed below. ~

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( ) By personally delivering a true copy thereof to the persons listed below.

l I declare under penalty of perjury that the foregoing is true and correct.

Executed at Eureka, California, on (LA4 t k .

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CLAUDETTE C. SMITH l SEE ATTACHMENT

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ATTACHMENT i

United States Nuclear Regulatory Commission Public Documert Room 1717 "H" Stre.-t NW Washington, T' . C. 20555 Executive Legal Director United States Nuclear Regulatory Commission 1 Washington, D. C. 20555 Richard F. Locke Pacific Gas & Electric Company P. O. Box 7442 San Francisco, California 94120 Mr. Bruce Norton c/o Richard F. Locke Pacific Gas & Electric Company P. O. Box 7442 San Francisco, CA 94120 Mitzi Young, Esq.

Office or the Executive Legal Director United States Nuclear Regulatory Commission Washington, D. C. 20555 Secretary United States Nuclear. Regulatory Commission

Washington, D. C. 20555 Robert M. Lazo, Esq.

Chairman Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D. C. 20555 Dr. James H. Carpenter, Member Atomic Safety & Licensing Board Panel United States Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Peter A. Morris, Member Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D. C. 20555 Ralph and Nona Kraus 2479 Wrigley Road Eureka, California 95501

a ATTACHMENT (Continued)

Honorable Dan Hauser Assemblyman, 2nd District 1334 Fifth Street Eureka, California 95501 Honorable Barry Keene Second Senate District 533"G" Stree Eureka, California 95501 Honorable Doug Bosco U. S. congressman 517 7th Street Eureka, California '95501 Honorable Wesley Chesbro Supervisor, Third District P. O. Box 4661 Arcata, California 95521 Redwood Alliance P. O. Box 293 Arcata, California 95521 Gaye M. Barr 1217 Searles St.

Eureka, CA 95501 Kathleen Maloney, Attorney at Law PUC Legal Division 505 Van Ness Ave.

San Francisco, CA 94102 i