ML20215J759
| ML20215J759 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/02/1987 |
| From: | Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215J709 | List: |
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8706250101 | |
| Download: ML20215J759 (6) | |
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UNITED STATES CF AMERICA NUCLEAR REGULATORY COMMISSION Before the_hiministrative Law Judoef In the Matter of
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GPU Nuclear Corporation
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Docket No. 50-320
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EA-84-137 (Three Mile Island Nuclear
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Station, Unit No. 2)
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GPUN RESPONSE TO NRC STAFF REQUEST FOa PRODUCTION OF DOCUMENTS I
On April 28, 1987, the NRC Staff served on GPUN "NRC Staff Request for Production of Documents."
In accordance with 10 C.F.R. 5 2.741, GPUN provides the following response.
et NRC Staff Recuest No. 1 In its first document request, the NRC Staff asks GPUN for:
(1) all documents relating to all con-tracts, agreements, memorandum of under-standing (with all amendments and proto-cols) among GPU Corporation, Bechtel, or their subsidiaries, and the U.S. Depart-ment of Energy (DOE) relating to TMI Unit 2 in effect at any time during the period May 1982 through March 1983.
This request includes, but is not limited to, the contracts designated K9003 and K9067 and all task orders issued thereunder.
This request also includss all status and performance re-ports made pursuant to said contracts and task orders, whether by GPUN corpo-ration, Bechtel or anyone acting on their behalf.
8706250101 870612 PDR ADOCK 05000320 0
GPUN objects to this request as overly broad, burdensome, and of extremely limited relevance.1#
The request, which calls for "all documents" relating to DOE contracts and task orders (and there are about 150 task orders) encompasses thousands of documents, and does not focus on any of Parks' allegations.
Without waiving these objections, GPUN has endeavored to make a reasonable response.
On May 27, 1987, after considerable efforts were expended to respond to this request, rounsel for GPUN telephoned counsel for the NRC Staff to discuss whether some more reasonable arr*dgement could be made.
While not conceding that its request was burdensome or irrelevant, the Staff agreed to GPUN's. proposal to provide contracts K9003 and K9067,2# to make available for inspection and copying the task orders and re-lated correspondence filed with those task orders, and to provid(
the cover letters of the task orders to permit the Staff to de-I termine in advance which task orders are of interest to it.
GPUN
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also agreed to undertake, if necessary, a reasonable and specific 1/
GPUN previously provided to the NRC Staff (on one day's no-tice at the Staff's request) three specific DOE agreements with attachments (several hundred pages).
See letter from J. Patrick Hickey to G. Johnson (April 23, 1987).
Upon re-ceipt of the documents, the Staff informed GPUN that the contracts were irrelevant.
GPUN doubts that the contracts i
now requested are any more pertinent to this proceeding.
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Other than the fuel disposal contracts previously provided (see note 1 suora), K9003 and K9067 are the only master con-tracts responsive to the request.
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followup request ~as follows: upon receipt of a reasonable re-i quest, GPUN will produce other specifically-identified relevant and.respons,1ve documents referenced in the documents made avail-able to'the Staff, and will if so requested ask certain specified individuals to search their own files for notes or correspondence related to the performance and funding of particular DOE contract tcsk orders.
In accordance with this agreement, DOE contracts K9003 and K9067 and the covet letters of the related task orders are attached. 'The files containing the full Task Orders and corre-1 spondence are available for inspection and copying at TMI-2 and will remain'available until July 1.
Arrangements to inspect these files should be made through counsel for GPUN.
GPUN will
'O entertain a reasonable follow-up request as described' above, prc vided such request is made prior to the close of discovery.
NRC Staff Recuest No. 2 The Staff's second request asked for (2) all documents relating to the inter-protation and a Directive [2-1)pplications of Bechtel by (a) Bechtel's Depart-ment of Internal Audits, (b) Bechtel's Law Department or other legal advisors, and (c) Charles W.
Sandford, Eahman Kanga, Richard Wheeler, and any Bechtel management personnel employed at THI-2 at any time during the period May 1982 through March 1983.
GPUN objects to this request as vague.
The phrase "docu-ments relating to the.
applications of Bechtel Directive (2-1)" >is ambiguous and could be construed as calling for docu-ments describing how Directive 2-1 should be applied or as call-ing for documents actually applying the Directive.
To the extent the latter is intended, GPUN objects to the request as burden-Correspondence from Bechtel managers to employees dis-some.
cussing or applying Directive 2-1 could be in any file in any Bechtel office.
Such documents cannot be gathered without a corporate-wide search of all Bechtel files (files that are not in GPUN's custody or control).
GPUN also objects to the request as calling for privileged attorney-client communications.
- Finally, GPUN objects to the request as not limited to documents relating to employee conflict of interest and therefore over-broad and ir-relevant.
Without vaiving these objections, GPUN provides the follow-ing documents:
Bechtel Directive No. 2-1 (March 22, 1985)
Bechtel Management Instructions, Internal Auditing Instruction, No. 1 (March 27, 1985)
Bechtel Directive No. 1-9 (July 12, 1978)
Bechtel Directive No. 2-16 (Nov.
3, 1977)
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The individuals named in the document request and other appro-priate management personnel were contacted and were unaware of other ueumpnts responsive to the request.
i Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE DJQh D J.\\ Patrick Mickey, P.
Dipid R. Lewis F
Counsel for GPUN I
Dated: June 2, 1987
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l UNITED STATES OF AMERICA i'
NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judoe In the Matter of
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GPU Nuclear Corporation
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Docket No. 50-320
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License No. DPR-73
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EA-84-137 (Three Mile Island Nuclear
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Station, Unit No. 2)
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CERTIFICATE OF SERVIC5 I hereby certify that "GPUN Response to NRC Staff Request l
for Production of Documents" was served by deposit in the United States Heil, First Class, posta to the'following persons:ge prepaid, this 2nd day of June,
- 1987, Ivan Smith, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 George E. Johnson, Esquire Office of the General Counsel 1
9604 MNBB U.S. Nuclear Regulatory Commission Washington, D.C. 20555 David R.
Lewis Dated:
June 2, 1987