ML20236E619
| ML20236E619 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/21/1987 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | |
| References | |
| CON-#387-4095 OL, NUDOCS 8708030028 | |
| Download: ML20236E619 (8) | |
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4'095 M 9 EUHHtyPONpT_Nc3 UNITED STATES OF AMER 1CA.
NUCLEAR REGULATORY COMMIS{ ION 7/21/87 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l87 JJL 24 All M'6t Nos. 50-445,0L Doc'k In the Matter of and 50-446 TEXAS UTILITIES ELECTRIC COMPANY, et al.
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(Application for an (Comanche Peak Steam Electric i
Operating License)
Station, Units 1 and 2) l CASE'S PROGRESS REPORT (VI)
Pursuant to the Board's June 6,1986, Memorandum and Order (Progress Report and Notice of Available Documents), CASE submits its sixth progress report.
As stated in CASE's 6/8/87 fifth progress report, CASE's efforts in attempting to cbtain discovery f rom Applicants regarding those portions of Applicant 3' CPRT Plan which were to have been included in the upcoming
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proceedings g / had been in effect placed on hold, pending receipt of additional information from Applicants. CASE has now received Revision 4 to l
the CPRT Flan, which we are currently in the process of reviewing and
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analyzing; we believe this is necessary in order for us to make informed i
I n / 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 for Certain Pleadings, item 4, pages 2 and 3.
See also 11/21/86 letter i
f rom CASE's Mrs. Ellis to Applicants' counsel Mr. Gad.
8708030028 970721 1
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I decisions as to how to proceed efficiently and effectively at this point in time /2f.
The situation regarding discovery from tl.e NRC Staff is progressing as indicated in our 6/8/87 fifth progress report:
CASE is having difficulty in attempting to obtain discovery from the NRC Staff regarding trending and other information relevant to these proceedings ha"ing to do with the recent OIA Report. On 1/21/87, CASE filed its Motion to Compel NRC Staff to Supplement ReFponses to Queution 1 of CASE's 2/10/82 First det of Interrogatories and Requests to Produce to NRC Staff, regardirg trending performed by the NRC Staff, as referenced in the recent DIA report (Board Notification No. 86-24).
Since that time, thers have been several rilings regarding this matter f3,/, incinding the filing with the Board by Ms. Garde of the testimony of an NitC resident inspector at Comanche Peak aad an OIA investigator regarding allegations by tnat inspector. Fcllowing hearings before Senator John Glenn's Senate Committee on Governmental Aff airs on April 9, 1987, the NRC set up a blue-ribbon panel to look into the matters raised; their teport, which is referred to as the Arlotto Report, has now f2/ We nate that the Boat.s has recognized, in its 6/1/87 Memorandum and Order (Discovery Sets 1987 6,7), page 5, that the issues to be litigated are still unfolding and that Applicants' work is in a state of constantly changing flux.
/3/ See also: CASE's 1/29/87 letter to Board, under subject of Additional Information Regarding OIA Report, Board Notification No. 86-24, Report oi Investigation by the Office of Inspector and Auditor, sent to the Board and Service List under cov er letter 12/11/86 from NRC Staff's Mr.
I Noonan; NRC Staff's 2/17/87 Response to CASE Motion To Compel; NRC Staff's 5/26/87 letter to Board re: questions by Judge Bloch in 3/2/87 telephone call; and NRC Staff Counsel tir. Chandler's 5/14/87 letter to CASE Attorney Mr. Roisman.
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been completed, but the NRC Staff now has taken the positica that it is unable to proceed with a further substantive responst to CASE's d.;scoverf j
i reauest pertaining to either the OIA Report or the Arlotte Feport d /.
Since it appears that informal efforts have broken down to pt the NRC Staff to release tha informar. ion which we believe is critical co our making some kind of da armination of exutly how ta proceed regarding this nattet (e.g.,
to fije a new contention, etc.%, Ms. Gacde is pursuing Freedom of Information Act (FOIA) requests by GAP and hac now filed, or is in the f
J process of filing, lawsuito on each of the F01A's which the NRC 'nas not 1
answered regarding Comanche Pesk.
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As stated in our 6/8/f,7 fifth progress report, Ms. Garde has also recently been working on a Section 210 Department of Labor case which has to j
do with a fe rmer engineer at Comar.che Peak who has made allegations of i
harassment and intimidation and raised design concerns which in some 1
l instances are similar to some of the Walsh/Doyle issaes bct in a later. time-I f raine (as well as some additional concerns's Hearings were held in that case on June 22 and 23, 1987 (see 7/8/87 letter from CASE's Mrs. Ellis to l
Board under subject of:
Notification of Potentially Significant Information).
(See also:
5/28/87 letter fron, Christophe:: 1. Grimes, i
l Director, NRC Comanche Peak Project Division, Office of Special Projects, to 1
Applicants' Executive Vice Fresident, William G. Counsil; NRC Region IV Insrection Report 50-445/86-31, 50-446/86-25, under cover letter of June 1, 1
I 1967, beginning at bottom of page 31, iter (4); and Applicants' 7/2/87 letter f rcm Mr. Counsil t, NRC Staf f under rubject:
Allegations of Design and Construction Deficiencies.)
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14/ Nhc Staf f Counsel Mr. Chandler's 5/14/M letter to CA3E At torney Mr.
Roisman.
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i CASE has now received, and is reviewing, Applicants' 6/25/87 letter i
from Mr. Counsil to NRC Staff under subject: Response to Request for Additional Information in Conjunction with Program Plan Update, responding to the 5/12/87 letter from Director Grimes to Applicants' Mr. Counsil under subject: Request for Additional Information in Conjunction with Program Plan Update. CASE considers that all of the questions raised are timely and
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that answers are essential before the Staff or CASE can proceed in an l
informed fashion with this case.
It should be noted that a meeting har been scheduled in Dallas for July 29 and 30, 1987, for Applicants to further explain their Program Plan and for the NRC Staff to ask addttional questions.
CASE is also responding today to some interrogatories (Set 9) from i
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Applicants. CASE has also sent to the Board some additional documents which we believe are significant or potentially significant $ /, in accordance with the Board's stated desire to be kept informed of such matters. We shall continue to do so, and anticipate that we will be sending some additional such documents to the Board in the near future.
CASE is also continuing its analyses of other documents received recently (for example, many of these listed by Applicants in their 5/18/87 Fifth Progress Report and their 6/30/87 Sixth Progress Report and in Applicants' Annotated Bibliographies). We still expect to file additional discrvery recuests regarding some of the items listed in Applicants' Progress Reports and Annotated Bibliographies and we will surely have many
~/5/ See CASE's 7/8/87 letter to the Board u: der subject:
Potential 10 CFR 50.55(e) Items, and our 7/8/87 letter to the Board under subject:
Notification of Potentially Significant Information.
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questions regarding Revision 4 of the CPRT Plan. As we have stated before, we consider this absolutely essential for CASE to be able to make informed
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decisions regarding our next steps in the case.
As discussed in our fifth Progress Report, CASE still has not received Applicants' response to those interrogatories ordered in the Board's 3/16/87 Memorandum and Order (Motion to Compel: CASE's Set 12) regarding Sampling; based on CASE's telephone conversations with Applicants' counsel, CASE had 1
1 expected that we would have already received Applicants' response, and at CASE's request, this matter was discussed briefly during the 7/20/87 l
conference call.
We-have been very patient in allowing Applicants time to l
respond, but believe that responses are now necessary in order for CASE to l
be able to adequately consider such responses in conjunction with Revision 4 of the CPRT Plan.
l There are also still some other discovery requests regarding which l
Motions to Compel by CASE are in abeyance awaiting results of.Jurther informal discussions between CASE and Applicants /6/.
In the past, Applicants' and CASE's joint ef forts had appeared to be f ruitful in many areas, and we had mutually agreed on further extensions of time so that I
these efforts could continue; we will continue to keep the Board advised in this regard.
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/6/ 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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There has also been increased activity in the Construction Permit proceedings (CPA) during this time period, including much time spent by CASE recently responding to Applicants' interrogatories /_7/.
Respectfully submitted, JA dn tab 6D hah
'fMis.JuanitaEllis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dalv s, Texas 75224 214/946-9446 l
Co-Representative for CASE l
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,]/ See CASE's 7/6/87 (mailed 7/8/87) Supplementary Response to Applicants' Interrogatories to " Consolidated Interveners" (Set No. 1987-1) and Motion for a Protective Order. Although the CPA is a different proceeding, the parties are all involved in it as well as the operating license proceedings, and we therefore mention it here for completeness of the record.
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'87 JLL 24 All :47 UNITED STATES OF AMERICA NUCLEAR REGULATORY COHMISSION cp; 60La BEFORE THE ATOMIC SAFETY AND LICENSING BOARD E'Ma i
l In the Matter of
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TEXAS UTILITIES ELECTRIC
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Docket Nos. 50-445 COMPANY, et al.
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and 50-446 1
(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 (VI) have been sent to the names listed below this 21st day of July
,19 8,]_,
by: Federal Express where indicated by
- and First Class Mail elsewhere.
Admind.strative Judge Peter B. Bloch Thomas G. Dignan, J r., Esq.
U. S Nuclear Regulatory Commission Ropes & Gray Ato'aic Safety & Licensing Board 225 Franklin Street W'.shington, D. C.
20555 Boston, Massachusetts 02110 Judge Elizabeth B. Johnson Oak Ridge National Laboratory Geary S. Mizuno, Esq.
P. O. Box X, Building 3500 Office of Executive 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
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Chai rman Renea Hicks, 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 Fbrtin Anthony 2. Roisman, Esq.
Regional Administrator, Region IV 1401 New York Ave.,
N.W.,
Suite 600 U. S. Nuclear Regulatory Commission Washington, D. C.
20005 611 Ryan Plaza Dr., Suite 1000 Arlington, Texas 76011 Mr. Herman Alderman Lanny A. Sinkin Staff Engineer Christic Institute Advisory Committee for Reactor Saf' guards (MS H-1016) 1324 North Capitol Street e
Washington, D. C.
20002 U."S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. David H. Boltz 2012 S. Folk Dallas, Texas 75224 Robert A. Wooldridge, Esq.
Worsham, Forsythe, Sampels l
William Counsil, Vice President
& Weoldridge i
Texas Utilities Generating Company 2001 Bryan Tower, Suite 3200 l
l Skyway Tower Dallas, Texas 75201 i
l 400 North Olive St., L.B. 81 l
Dallas, Texas 75201 Robert A. Jablon, Esq.
Spiegel & McDiarmid I
Docketing and Service Section 1350 New York Avenue, N.W.
l (3 copies)
Washington, D. C.
20005-4798 l
Office of the Secretary U. S. Nuclear Regulatory Commission Ms. Nancy H. Williams Washington, D. C.
20555 Project Manager Cygna Energy Services Ms. Billie P. Garde 2121 N. California Blvd., Suite 390 Government Accountability Project Walnut Creek, California 94596 l
Midwest Office l
104 E. Wisconsin - B l
Appleton, Wisconsin 54911-4897 l
Mark D. Nozette, Counselor at Law l
Heron, Burchette, Ruckert & Rothwell l
1025 Thomas Jef f erson Street, M. W.,
Suite-700 Washington, D. C.
20007 jn s NJ AA ', )
Mfs'.) Juanita Ellis, President
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- ASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446
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