ML20236H391

Licensee Objection to Intervenor Anthony Request for Discovery & Motion for Protective Order.* Certificate of Svc Encl

ML20236H391
Person / Time
Site:	Limerick
Issue date:	10/30/1987
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4731 OLA, NUDOCS 8711040098
Download: ML20236H391 (4)

Text

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1 00CHETED USNRC UNITED STATES OF AMERICA g-g-

NUCLEAR REGULATORY COMMISSION 1

defore the Atomic Safety and Licensing Board 0FFICE Of SEChf,TAFV 00CKETING & sEuvicr' BRANCH In the Matter of

)

)

Philadelphia Electric Company

)_

Docket No. 50-352-OLA

)

(TS-Iodine)

(Limerick Generating Station,

)

Unit 1)

)

l LICENSEE'S OBJECTION TO INTERVENOR ANTHONY'S REQUEST FOR DISCOVERY AND MOTION FOR A PROTECTIVE ORDER on October 28, 1987, counsel for Licensee, Philadelphia.

1 Electric Company, received via ordinary mail a document entitled "Intervenor Robert L.

Anthony's Response to' Memo-randum and Order, Dated 10/9/87," dated October 25, 1987.

Mr.

Anthony asked that the Licensing Board " accept this letter as our notification and request for discovery."

The pleading requested certain information from Licensee related l

l to offsite releases and offsite monitoring.

As discussed below, Intervenor Anthony's requests are objectionable and should not be granted.

The Licensing Board's October 9,

1987 Memorandum and Order (Memorializing Special Prehearing Conference; Ruling On Contentions) was explicit in requiring each party to l

notify the Board in a letter to be served by personal delivery or express mail to be received by the' Board and.

other parties on or before October 21, 1987 as to whether discovery would be conducted.

Mr.

Anthony's complete 1

8711040098 871030 PDR ADOCK 05000352 o

PDR-

. l failure to abide by the Board's order precludes him from seeking discovery.

Moreover, the Licensing Board has previously denied essentially the same request by Mr. Anthony as not relevant to matters within the scope of the proceeding.

In its September 16, 1987 response to a September 10, 1987 request by Mr. Anthony, which asked the Licensing Board to provide him essentially the same information as that sought from the i

Licensee, the Board found that the requested information was not relevant to the matters within the scope of the 1

requested amendment.

It noted this ruling again during the l

September 29, 1987 prehearing conference (Tr. 54-55).

The three information requests relate only to radio-logical releases and monitoring.

In its October 9,

1987 l

Memorandum and order at 5-6, the Licensing Board specifically denied a contention related to these subjects.

The requested information has no connection with reporting requirements related to iodine levels in the reactor coolant, the subject of the only admitted contention.

Even under the most liberal interpretation of the 1

discovery rules, parties are entitled to obtain only infor-mation which tends to support or negate allegations in the i

admitted contentions, or which is reasonably calculated to 1

lead to such information.

Pennsylvania Power and Light Company (Susquehanna Steam Electric Station, Units 1 and 2),

ALAB-613, 12 NRC

317, 331 (1980);

Commonwealth Edison Company (Byron

Station, Units 1

and

2),

Docket Nos.

l l

1 t

50-454-OL and 50-455-OL, " Protective. Order" (February 22, l

1982)

(slip op.

at

2) ;

Pacific Gas Electric Company l

(Stanislaus Nuclear Project, Unit 1), LBP-78-20,;7 NRC 1038, 1040 (1978); Allied-General Nuclear Services (Barnwell Fuel Receiving and Storage Station), LBP-77-13, 5 NRC 489, 491 (1977).

The requested discovery is not reasonably cal-culated to lead to admissible evidence.

For the foregoing reasons, in accordance with 10 C.F.R.

S2.740b(b),. the requested discovery is objectionable and i

l should not be permitted.

Licensee moves pursuant to 10 I

C.F.R.

S2.740(c) for a protective order that the requested discovery not be had.

Respectfully submitted, CONNER & WETTERHAHN P.C.

Nlja.

Troy B.

Conner, Jr.

l Mark J. Wetterhahn Robert M.

Rader Counsel for Licensee 1

October 30, 1987 l

4 DOLMETED i

U5NPC s

UNITED STATES OF AMERICA 17 NW -2 P4 :05 NUCLEAR REGULATORY COMMISSION j

Before the Atomic Safety and Licensing Boar]fI g gtlg In the Matter of

)

)

i Philadelphia Electric Company

)

Docket No. 50-352-OLA

)

(TS Iodine) j (Limerick Generating Station,

)

Unit 1)

)

i CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Objection To Intervenor Anthony's Request For Discovery And Motion For A Protective Order" dated October 30, 1987 in the captioned matter have been served upon the following by deposit in the United States mail this 30th day of October, 1987:

i Sheldon J. Wolfe, Benjamin H. Vogler, Esq.

Chairman Robert M.

Weisman, Esq.

Atomic Safety and Counsel for NRC Staff Licensing Board Panel Office of the General U.S.

Nuclear Regulatory Counsel l

Commission U.S.

Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Dr. Richard F.

Cole Atomic Safety and Docketing and Service Licensing Board Panel Section l

U.S.

Nuclear Regulatory U.S.

Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 1

Dr. George A. Ferguson Mr. Frank R.

Romano Atomic Safety and 61 Forest Avenue l

Licensing Board Panel Ambler, Pennsylvania 19002 U.S. Nuclear Regulatory Commission Mr. Robert L. Anthony Washington, D.C.

20555 106 Vernon Lane, Box 186 l

Moylan, PA 19065 A.

a RoberE M.

Radef' '

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