ML20237F757

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NRC Response to Case Motions for Discovery on Mac Rept.Board Should Deny Portions of Case Motion Which Request Immediate Hearings or Evidentiary Depositions & Defer Ruling on That Portion of Case Motion Requesting Discovery
ML20237F757
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 07/11/1985
From: Mizuno G
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Citizens Association for Sound Energy
Shared Package
ML20237F760 List: ... further results
References
NUDOCS 8708210557
Download: ML20237F757 (2)
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Text

i July 11, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGB03RD In the Matter of Docket Nos. 50-445 TEXAS UTILITIES ELECTRIC 50-446 COMPANY, et al.

Docket Nos.-50-445/2

! (Comanche Peak Steam Electric 50-446/2 Station, Units 1 and 2)

NRC STAFF RESPONSE TO CASE'S MOTIONS l FOR DISCOVERY ON THE MAC REPORT _

l I. Introduction CASE has filed a " Board Notification and CASE's Motions for Discovery Regarding the MAC Report and Issues Raised by the MAC Report and/or for Hearings and/or Evidentiary Depositions" (June 24, 1985) (" CASE's Motion"). 1/

Attached tc CASE's Motion is " CASE's Interrogatories to Applicants and Requests to Produce Re: the MAC-Report and Issues Raised by the MAC Report".(" CASE's Interrogatories"). CASE's Motion requests that the Board hold immediate hearings on a 1978 report prepared by Management ,

i Analysis Company ("MAC") for Applicants, and on " issues raised by the MAC  ;

I Report and recent reassignments / resignations of Applicants' management j i

i' personnel." CASE's Motion, pp. 5, 6. CASE proposes that such a hearing l

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1/ Although CASE'S Motion was filed in Docket 1 CASE has subsequently indicated that the information sought is " equally applicable to both dockets and should be produced in both Docket I and 2." June 24, 1985 letter from Anthony Roisman, Counsel for CASE, to Robert Wooldridge, Counsel for Applicants. I B708210557 e70819

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l l Report and the circumstances of its withholding and subsequent release have not been directly discussed by Applicants in their Management Plan. U If CASE believes that the MAC Report is either relevant to currently ]

e admitted issues or has independent significance, the Staff submits that CASE's position on this matter and the reasons for its position should be presented in its response to Applicants' Management Plan. The Staff will j consider the question of relevance of_the MAC Report in its response to i Applicants' Management Plan. The Board should not permit discovery on k

.q the MAC Report until all parties' positions are filed with the Board, and  !

the Board finds that the MAC Report is either relevant to currently-admitted ,

issues, or has independent significance to Contention 5.

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IV. Conclusion For the reasons set forth above, the Board should deny those portions I of CASE's Motion which request immediate hearings or evidentiary depositions, and defer ruling on that portion of CASE's Motion requesting discovery.

Respectfully submitted, 1

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S. Mizuno t

! oun for NRC Staff l l l

! Dated at Bethesda, Maryland I this lith day of July,1985 9/ Applicants only discussion of the MAC Report is a statement that the failure to disclose the MAC Report is an indication of the " lack of

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appreciation of nuclear power regulation." Applicants' Management  !

Plan, p. 15, n.14. Applicants have now set forth their views on {

the relevance of the MAC Report to the existing issues in this  !

proceeding in-their " Response in Opposition to CASE's Motion for I Immediate Hearings, Evidentiary Depositions, and/or Discovery

! Regarding the MAC Report" (July 8, 1985).

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  • May 29,1985 1

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== 1 l f i Peter B. Bloch, Chairman )

Administrative Judge Atomic Safety and 1.1 censing Board I U.S. Nuclear Regulatory Commission j Washington, D.C. 20555 Dr. Walter H. Jordan Administrative Judge l

881 W. Outer Drive i

! Oak Ridge, Tennessee 37830 f Dr. Kenneth A. McCollom Administrative Judge j Dean, Division of Engineering, i Architecture and Technology Oklahoma State University Stulwater, Oklahoma 74078 l

Re: In the Matter of Texas Utilities Electric Company, et al (Comanche Peak Steam Electric Station, Units 1 and 2)

Docket Nos. 50-445-1 and 50-4461 i Supplementation of Applicants' Response to CASE's Request for Production l

Dear Administrative Judges:

This is to notify you and all parties to the above dockets that Appdcants have l identified a document which we believe to be within the scope of item'10 of.  !

CASE's Interrogatories and Requests to Produce dated July 7,1980, as clarlfled on August 4,1980. Applicants submitted their response to 1sem 10 en September 8, 1980 and supplemented their response by letters dated December 22,1980, March 5,1982, and April 19, 1982. The document, a copy of which is enclosed with this letter, is a report prepared in May of 1978 by Management Analysis Company .

(MAC) following a management review and audit of the quality assurance program of the Comanche Peak Project.

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a Administrative Judges May 29,1985 Page Two Recently, in gathering data for a prudence audit being performed for T EC, a search was made by TUGCO personnel of inactive and closed corporate illes ,

located in TUGCO's Da!!as office. In the course of such search, the enclosed {

report was found. A memorandum dated July 11, 1978, which detaus TUGCO resolutions to the findings and recommendations made by MAC, is ales enclosed.

TUGCO management is evaluating the failure to produce this document at an earlier time and will advise the Board and parties of the results of this evaluation in the near future.

Respectfuuy subm1 Robert A. Wooldridge Counsel for Applicants RAW /kiw Enclosures cc: Service List 4

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0 UNITED STATES g

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p, NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20665 gl $ f.# -

JUN 2 81985 Docket Nos.: 50-445 and 50-446 ,

MEMORANDUM FOR: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech FROM: Vincent S. Noonan, Director for Comanche Peak Project Division of Licensing Office of Nuclear Reactor Regulation

SUBJECT:

BOARD NOTIFICATION - STATUS OF STAFF ACTION ON "MAC REPORT" (BOARD NOTIFICATION NO.85-067)

This Notification is being provided to the Comission in accordance with the revised Comission's notification policy of July 6,1984, to inform the Com-mission on all issues on the cases before the Comission.

This is to inform you that by memorandum dated June 13, 1985 W. J. Dircks, Executive Director for Operations, requested B. B. Hayes, Director, Office of Investigation, to investigate TUGCO's withholding of the Management Analysis Company (MAC) report.

The parties to the proceeding are being notified by copy of this memorandum.

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.s too , rector for Comanch Peak Project Division of icensing Office of N clear Reactor Regulatien ec: P. Bloch, ASLB )

W. Jordan, ASLB l K. McCollom, ASLB i E. Johnson, ASLB H. Grossman, ASLB SECY (2)

EDO (1)

OGC OPE  !

ACRS (10)

Parties to the Proceeding See r. ext page l

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