ML20236N897

Response of NRC Staff to Rl Anthony Discovery Requests & Licensee Objections Thereto.* ASLB Should Deny Request,But Protective Order Not Opposed.Certificate of Svc Encl.Related Correspondence

ML20236N897
Person / Time
Site:	Limerick
Issue date:	11/09/1987
From:	Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4816 87-550-03-LA, 87-550-3-LA, OLA, NUDOCS 8711170048
Download: ML20236N897 (5)

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DOLKETED USNRC November 9,1987 13 P3 :08~-

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-

[0 K[$$hch C W SECHt TAny '

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of

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)

Docket No. 50-352 - 0 6 S

)

PHILADELPHIA ELECTRIC COMPANY )

(TS lodine)

)

- (Limerick Generating Station,-

)-

( ASLBP No. 87-550-03-LA)

'I Unit 1)

)

q RESPONSE OF NRC STAFF. TO l

ROBERT L. ANTHONY'S DISCOVERY REQUESTS AND LICENSEE'S OBJECTIONS THERETO l.

INTRODUCTION On October 25, 1987, Robert L. Anthony filed a one page discovery I

request upon the Philadelphia Electric Company (Licensee) requesting certain information concernino radioactive offsite releases, recordings and monitoring records.

On October 30, 1987, the Licensee objected to the-discovery request and moved for a protective order.

For the reasons set forth below the NRC staff (Staff) does not oppose the Licensee's request for a protective order and submits that Mr. Anthony's discovery request should be denied.

II.

BACKGROUND in a Memorandum and Order O dated October 9, 1987, the Atomic Safety. and Licensing Board (Licensing Board) set forth the dates for 1/

Philadelphia Electric Company (Limerick Ger,erating Station, Unit 1),

(Demoralizing Special Prehearing Conference; Ruling on Conten-

~

tions).

(TS iodine) October 9,1987, (Unpublished).

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I discovery in the captioned matter and discussed the filing of motions for i

summary disposition.

Subsequently, the Licensee and the Staff separately advised the Licensing Board that they did not intend to seek discovery in I

this matter.

As noted, Anthony, on October 25, 1987, requested from the Licensee recordings and ' monitoring records of radioactive releases,-

including but not limited to radioactive lodine, into the atmosphere.

On October 30,_1987, the Licensee objected to the discovery request as being beyond the scope of the admitted contention and moved for a protective j

i order pursuant to 10 C.F.R. 5 2.740(c).

111.

DISCUSSION l

The information sought by Mr. Anthony is not relevant to the mat-l ters that are within the scope of this proceeding.

As noted in previous

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pleadings filed before this Licensing Board, what is involved here is a proposed change in reporting requirements concerning lodine levels in the 1

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reactor coolant, a The level of lodine activity has not been raised and l

the amount of radioactive lodine the Licensee can release has not been changed. 3_/

As such, it is clear that Mr. Anthony's request for records and information concerning offsite radioactive releases into the atmosphere Is well beyond the scope of the admitted contention.

Moreover, Mr. Anthony has previously requested information similar to and in some instances identical to his instant discovery request. and

-2/

Response _of NRC Staff to Proposed Contentions of AWPP and R. L.

Anthony, September 16, 1987, at 7-8.

3/

id.

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this Licensing Board determined that the requested information was "not relevant to the matters within the scope of the requested amendment" and SI in Staff's view, Mr. Anthony's discovery denied the. request.

requests have no relation to the reporting requirements for lodine levels in the reactor coolant and 'urther, are not calculated to lead to such information. 5_/

IV.

CONCLUSION For the foregoing reasons, Staff submits the-Licensing Board should I

deny Mr. Anthony's October 25, 1987, request for discovery and further, in view of the circumstances set forth above, Staff does not oppose Li-censee's request pursuant to 10 C.F.R. 9 2.740(c) for a protective order that the requested discovery not be granted.

Respec t ful !y sutml t ted,

& nHNs hCf Benjamin H. Vogler

)

ri Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 9th day of Novenber,19P' i

i I

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Letter, Sheldon J.

Wolfe, Chairman, Atomic Safety and Licensing Board, to Robert L. Anthony, September.16,1987.

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Pennsylvania Power and Light Company (Susquehanna

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See, e

Steam Electric Station, Units 1 and 2), A LA B-613, 17 NRC 317 l

at 322, (1980).

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DOCMETED USNRC l-

' UNITED STATES OF AMERICA NUCLEAR REGULATORY ~ COMMISSION 87 NOV 13 P3 :06' BEFORE THE ATOMIC SAFETY AND LICENSING BOARQrricg ;.; g 7,,,

u0CKEMc. g;cjn i bha.%

• f in the Matter of

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)

PHILADELPHIA ELECTRIC COMPANY )

Docket No. 50-352-OLA

)

(TS lodine)

(Limerick Generating Station,

)

Unit 1)

)

( AS LB P No.~ 87-550-03-LA )

I CERTIFICATE OF SERVICE I_ hereby certify that copies of " RESPONSE _OF NRC STAFF TO AWPP'S MOTION OF OCTOBER 27, 1987 CONCERNING

SUMMARY

DISPOSITION

AND : DISCOVERY AND LICENSEE'S ORJECTIONS. THERETO" and

" RESPONSE OF NRC STAFF TO ROBERT L.

ANTHONY'S DISCOVERY

'I REQUESTS AND LICENSEE'S OBJECTIONS THERETO" In the. _ above-proceeding have been served on the following by; deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the ' Nuclear Regulatory Commission's internal mail system, this 9th day of November,~ 1987:

Sheldon J. Wolfe, Chairman Mr. Edward C. Bauer, Jr.

Administrative Judge Vice President & General Counsel Atomic Safety and Licensing Board Panet Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street Washington, D.C.

20555*

Philadelphia, PA 19101 Dr. George A. Ferguson Troy B. Conner, J r., Esq.

Administrative Judge Mark J. Wetterhahn, Esq.

1939 Sh_epherd Street, N.W.

Conner and Wetterhahn Washington, D.C.

20011 17tl7 Pennsylvania Avenue, N.W.

Washington, D.C.

20006 Richard F. Cole Mr. Frank R. Romano Administrative Judge Chairman

- Atomic Safety and Licensing Board Panel Air and Water Pollution Patrol U.S. Nuclear Regulatory Commission 61 Forest Avenue Washington, D.C.

20555*

Ambler, PA 19002

I 2-Robert L. Anthony Gene Kelly Friends of the Earth of the.

Senior Resident inspector Delaware Valley U.S. Nuclear Regulatory Commission i

103 Vernon Lane, Box 186 P.O. Box 47 '

Moylan, PA 19065 Sanatoga, PA 19464 Atomic Safety and Licensing Jay Cutlerrez i

Board Panel Regional Counsel U.S. Nuclear Regulatory Commission-USNRC, Region l Washington, D.C.

20555*

631 Park Avenue King of Prussia, PA 19406 i

Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission i

Washington, D.C.

20555*

Docketing and Service Section Office of the Secr9tary, U.S. Nuclear Regulatory Commission Washington, D.C.

20555*

/

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Berfjamin H. Vogler Senior Supervisory Trial Attorney 4