ML20236X314

Supplementation of Discovery Responses.*

ML20236X314
Person / Time
Site:	Comanche Peak
Issue date:	12/04/1987
From:	May J ROPES & GRAY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:
References
CON-#487-4987 OL, NUDOCS 8712090113
Download: ML20236X314 (8)

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DOCKETED USNRC Filed: December 4, 1987 UNITED STATES OF AMERICA '

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95 NUCLEAR REGULATORY COMMISSION before the URCE C5 SECDi'ITEf  ;

ATOMIC SAFETY AND LICENSING BOARD DOCKEhNG A SERWE l BRANCH

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In the matter of )

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Texas Utilities, et al. )

(Comanche Peak Steam Electric )

Station, Units 1 and 2) ) Docket Nos. 50-455-OL

) 50-446-OL s )

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SUPPLEMENTATION OF DISCOVERY RESPONSES Pursuant to 10 C.F.R. $2.740(e)(2)(i), and undertakings committed to in " Response to CASE and Meddie Gregory Motion for Appointment of Legal Counsel For Minority Applicants and for Clarification of Discovery Responses," April 16, 1987, Texas Utilities asked the Minority Applicants to answer questions regarding matters addressed in previous Intervenor discovery requests, and based upon their responses Applicants' responses to Intervenor discovery requests are hereby supplemented as follows:1 2 Prior supplementation with regard to Applicants' retrospective review of discovery has been provided in correspondence from Mr. William S. Eggeling to Mr.

Anthony Z. Roisman, dated April 29, 1987.

8712090113 871204 PDR ADOCK 05000445 o PDR yod

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.P Interveners First Set of Interrogatories To Applicant (July 7, 1980)

Interrogatory #12:

Do Brown & Root, Texas Utilities or any of its subsidiaries or companies or any of the other owners of CPSES have a public relations department for the Comanche Peak plant (or if not specifically for the plant, which provide information regarding the plant)?

Interrogatory #13:

If the answer to item 12 is yes, itemize the specific companies which have such departraents and state the extent of and the type of information supplied by each.

(For example, is there a specific public relations department for CPSES? Does a particular company provide information as part of the overall public relations deparatment's work? Do the companies, or a specific company, prepare special public relations materials specifically for CPSES? If so, what type of information?)

Interrogatory #14:

If the answer to item 12 is yes, supply copies of all publication or information by all such departments regarding its quality control, quality assurance, safety, workmanship, and method by which the plant is being built.

Interrogatory #18:

Supply copies of any and all progress reports to the public regarding CPSES, including information provided at the CPSES information center.

Supplemental Answers:

Prior to 1980, Brazos Electric Power Cooperative, Inc.

operated a public relations program via its " Area Development and Consumer Affairs Division," and cince 1980 Brazos public relations effort has been handled by )

" Manager-Public Relations." All responsive documents ,

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produced.under'the auspices-of these. entities will be made.-

available;at the offices.of TU-Electric.in Dallas,--Texas,

.upon. appropriate request.

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TMPA has'.also provided information toLthe.public 6 'regardin'g various aspects of its involvement'with CPSES.

-All responsive' documents. produced <by TMPA willibe made

.available.at the offices of TU Electric.in; Dallas,. Texas, upon' appropriate request.

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s; co-CASE's~ Interrogatories To Applicants and Requests to Produce Re: lThe MAC Report and. Issues Raised by the MAC Report (June'24, 1985)

Interrogatory #2(e):

For~each of the> individuals.in (d) above [those with

. knowledge of,the MAC Report, including."anyone with'the minor' owners.of'Comarche. Peak.or their agents, consultants, etc.) who'had knowledge of-the MAC Report,-

provide the.following information:

(1)- Specifically when did he/she first find out about-the MAC' Report? If the extent of his/her knowledge changed specifically when did such change occur?

(2) How did he/she first find out about the MAC. Report?.

Supplemental Answer:

Tex-La Electric Cooperative, TMPA and Brazos Power Cooperative,-Inc. each learned of the existence of the MAC Report in May or early June, 1985 upon the report's release by TU Electric'to the ASLB.

In addition to producing the basis for the foregoing specific supplementation, the retrospective discovery review

-conducted by the Applicants confirmed that the Minority owners had monitored the progress of the CPSES construction in various ways and had conducted discussions between themselves and contractors working for them regarding the knowledge they obtained from such monitoring. Discovery h requests submitted in this case since 1980, occasionally (and repetitively) inquired into the existence of varyingly described -- viz. " audits," " assessments," " analyses," ,

" studies," " evaluations," etc. -- investigations into the b__ --_ _

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existence or causes of deficiencies in the quality control / quality assurance programs at CPSES. These monitoring efforts by the Minority owners, the existence and contents of which we understand to have been previously been made available to the Intervenor, would seem to come under ,

i these general classes of previous discovery requests ]

i (although for the most part it appears certain that the Minority owners' activities postdated the questions posed and that the answers given were therefore accurate within )

the requirements of the Rules of Practice).

With the exception of these previously disclosed events regarding the efforts of GDS / Southern Engineering on behalf of some of the Minority owners, and the self-evident activities of the Minority Owners management representatives to consider and discuss among themselves the progress of Comanche Peak, the Minority Owners have reported that any further information regarding their efforts to evaluate or analyze the work at Comanche Peak, the adequacy and performance of the quality assurance / quality control procedures employed there, or the existence of any additional deficiencies there, are all matters which they consider to be privileged from discovery as the result of some combination of privileges safeguarding trial preparation materials, the attorney / consultant work product privilege or the attorney / client privilege. Accordingly, to the extent that any previously propounded discovery requests

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.may befiead assimplicating. inquiries into such areas, the 3

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'i Minority Owners object to.being obliged to disclose such information. -l To the best of-the Project' Manager's current knowledge q and belief,'all other information available to any offthe Owners of Comanche Peak Steam Electric. Station and properly  !

i responsive to any discovery request has been 1ade'available i

to the Intervenor.

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TEXAS UTILITIES' ELECTRIC COMPANY For the Owners of.CPSES y

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William S. Eggeling Jeffrey H. May, Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 i (617) 423-6100  ;

Attorneys for Texas Utilities-Electric Company 1

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CERTIFICATE'OF' SERVICE 117 AC -6 . A9 :45 I, 'Jef frey H. May, hereby certify that on December 4, 1987, I mada'; service of " Supplementation. Of Discovery  % OF S[ECkt FFICE mailingLeoples;thereof, postage prepaid, to:

Peter B..Bloch, Esquire Asst.. Director for Inspection~

? Chairmani Programs Comanche Peak Project' Division.

Administrative Judge. .

. Atomic Safety and Licensing U.S. Nuclear Regulatory; Ni; Board Commission U ' LU.S. Nuclear Regulatory' P. O. Box 1029 Commission Granbury, Texas-:76048 i Washington, D.C.. 20555 Dr..' Falter H. Jordan Ms. Billie Pirner Garde Administrative Judge GAP-Midwest Office; 881 W. Outer Drive 104 E. Wisconsin Ave. - B OakJRidge, Tennessee 37830 Appleton, WI 54911-4897 Chairman Chairman Atomic Safety and' Licensing Atomic Safety and Licensing Appeal Panel Board' Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission-Washington, D.C. 20555- Washington, D.C. 20555 ,

Janice'E. Moore Mrs..Juanita Ellis Office of the General Counsel- President, CASE

-U.S. NuclearlRegulatory 1426 S. Polk. Street Commission Dallas, Texas 75224-

. Washington, D.C. 20555 Renea Hicks, Esquire Ellen Ginsburg, Esquire Assistant Attorney General Atomic Safety and Licensing Environmental Protection Division Board Panel P. O. Box 12548 U.S. Nuclear Regulatory Capitol Station Commission i Austin, Texas 78711 Washington, D.C. 20555 I

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' Anthony Roisman, Esquire- Mr.'Lanny A. Sinkin-Suite 600 Christic-Institute 1401 New York Avenue,-N.W. 1324 North Capitol Street Washington,nD.C. 20005 Washington, D.C. 20002.

. Dr. : Kenneth A. McCollom Mr. Robert D. Martin Regional Administrator Administrative Judge j 1107 West Knapp .

' Region IV Stillwater, Oklahoma' 74075 U.S. Nuclear Regulatory. J Commission. 1 Suite'1000 611 Ryan Plaza-Drive Arlington, Texas 76011 i

Elizabeth'B. Johnson Geary'S. Mizuno, Esquire d

. Administrative Judge Office of the Executive-  !

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Oak Ridge National Laboratory Legal-Director- t U.S. Nuclear Regulatory ' 'c P.'O. Box X, Building 3500 Oak Ridge, Tennessee. 37830 Commission  !

Washington, D.C. 20555-l- 1 Jack R. Newman,-Esquire' Nancy H. Williams l Newman & Holtzinger, P.C. 2121 N. California Blvd.

Suite 1000 Suite 390' Walnut-Creek, CA' 94596.

1615 L. St., N.W.

Washington, D.C. 20036..  ;,

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.Jeffrey N'. May l

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