ML20217L848

NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc

ML20217L848
Person / Time
Site:	Harris
Issue date:	10/25/1999
From:	Uttal S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	CAROLINA POWER & LIGHT CO.
References
CON-#499-20924 99-762-02-LA, LA, NUDOCS 9910270085
Download: ML20217L848 (5)

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99 OCT 26 P3 :21 October 25,1999 O._ri' -

P ,F UNITED STATES OEFAMERICA NUCLEAR REGULATORY COMMISSION i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) l

) Docket No. 50400-LA CAROLINA POWER & LIGHT )

COMPANY ) . ASLBP No. 99-762-02-LA  !

) 1 (Shearon Harris Nuclear Power Plant) )

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NRC STAFF'S FIRST SUPPLEMENTAL RESPONSE TO APPLICANT'S FIRST SET OF DISCOVERY REOUESTS TO NRC STAFF The Nuclear Regulatory Commission staff (Staff) hereby files this first supplement 1

to Staff responses to Applicant's First Set of Discovery Requests to NRC Staff, filed l

September 24,1999, i SPECIFIC DOCUMENT REQUESTS The Applicant requests the Staff to proauce the following documents:

A. CONTENTION 2 - Criticality Prevention REQUEST NO 1. All documents relating to the NRC's approval of the use of credit for enrichment and burnup limits for criticality prevention in spent fuel pools at commercial nuclear power reactors licensed under 10 C.F.R. Part 50

' including, but not limited to, files in the possession of Laurence I. Kopp.

STAFF RESPONSE: The Staff objects to this document request as being overly broad and unduly burdensome. To prod: all documents relating to every approval of the 9910270085 991025 PDR ADOCK 05000400 0 PDR

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use of credit for burnup and enrichment limits would impose an undue burden on the staff i and would involve the expenditure of many hours to search for such documents. Such

. documents are reasonable obtainable from another source, are generally available in the PDR and are equally accessible to the Applicant. Without waiving the objections, and pursuant to discussion between counsel, the Staff will produce presently available, accessible, non-objectionable, responsive documents that are not in the Public Document Room (PDR) or have not been previously produced. The Staff will also provide a panial list of documents known to be in the PDR. Where available, the accessir.4 numbers of documents known to be in the PDR have been listed. Documents which are generally available to the public have not been produced. The Staff will also provide a list of documents withheld.

B. CONTENTION 3 - Quality Assurance REQUEST NO 1. All documents relating to the application and implementation of the standard for approval of alternate plans as defined in 10 C.F.R. 6 50.55a(a)(3)(i) and (ii).

STAFF RESPONSE: The Staff objects to this document request as being overly broad and unduly burdensome. To produce all documents relating to every application and implementation of the standard of approval for alternate plans would impose an undue burden on the staff and would involve the expenditure of many hours to search for such documents. Alternative plans have been approved for many,ifnot all, licensees, for different applications as permitted pursuant to 10 C.F.R. I 50.55a(a)(3) (i) and (ii). Such documents are reasonable obtainable from another source, are generally available in the PDR and are

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equally accessible to the Applicant. Without waiving the above objections, and pursuant to l I

discussion between counsel, the Staff will produce presently available, accessible,non- j objectionable, responsive documents. A list of publically available generic documents, of which the Staffis presently aware, is attached.

Respect ly submitted,

,i n Su" san L. Uttal Counsel for NRC staff Dated at Rockville, Maryland this 25th day of October 1999 l l-

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, DOCKETED USHC 99 DCT 26 P3 :21 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g fL , ,.

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD r In the Matter of -)

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CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400-LA

)- ASLBP No. 99-762-02-LA

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(Shearon Harris Nuclear Power Plant) )

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I CERTIFICATE OF SERVICE I

I hereby certifv that copies of"NRC STAFF'S FIRST SUPPLEMENTAL RESPONSE TO APPLICANT'S FIRST SET OF DISCOVERY REQUESTS TO NRC STAFF"in the above captioned proceeding have been served on the following through deposit in the Nuclear ,

Regulatory Commission's internal mail system or as indicated by an asterisk, by first-class mail and by electronic mail (e-Mail) transmission where indicated this 25th day of October,1999:

G. Paul Bollwerk, III, Chairman Frederick J. Shon Administrative Judge . Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Step: T 3F-23 Mail Stop: T-3F-23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 (E-mail: GPB@NRC. GOV). (E-mail: FJS@NRC. GOV)

Dr. Peter S. Lam Office of the Secretary Administrative Judge ATTN: Rulemaking and Adjudications Atomic Safety and Licensing Board Staff-Mail Stop: T 3F-23 . Mail Stop: O 16-C-1 U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001

-(E-mail: PSL@NRC. GOV) (E-mail: HEARINGDOCKET

@NRC. GOV)

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• l l4 l- i Office of the Commission Appellate . James M. Cutchin, V-l Adjudication Atomic Safety and Licensing Board l

Mail Stop: O 16-C-1 _

Mail Stop: T 3F-23

. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ,

Washington, DC 20555-0001 Washington, DC 20555 (E-mail: JMC3@NRC. GOV)

Diane Curran, Esq.* John H. O.'Neill, Jr.*

Harmon, Curran, Spielberg William R. Hollaway*

& Eise.nberg, L.L.P. Counsel for Licensee 1726 M Street, N.W., Suite 600 Shaw Pittman Potts & Trowbridge Washington, DC 20025 2300 "N" Street, N.W.

(E-mail: dcurran@harmoncurran.com) Washington, DC 20037-1128 (E-mail: john _o'neill@shawpittman.com, william.hollaway@shawpittman.com)

Steven Carr*

legal Department Carolina Power & Light Co.

411 Fayetteville Street Mall I P.O. Box 1551- CPB 13A2 Raleigh, North Carolina 27602 (E-mail: steven.carr@cplc.com) l

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, & biY Susan L Uttal-Counsel for NRC Staff A