ML19261E754

Request Submitted by Skagitonians Concerned About Nuclear Power That Licensees Be Compelled to Respond to 790625 Interrogatories & Document Requests. Allegation of Lateness Lacks Merit.Certificate of Svc Encl

ML19261E754
Person / Time
Site:	Skagit
Issue date:	07/10/1979
From:	Leed R LEED, R.M.
To:
References
NUDOCS 7908300747
Download: ML19261E754 (4)

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UNITED STATES OF AMERICA y NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of )

PUGET SOUND POWER & LIGHT Docket Nos. 50-522 COMPANY, et al. ) 50-523 (Skagit Nuclear Power Proj ect,) July 10, 1979 Units 1 and 2)

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INTERVENOR SCANP'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION TO PUGET SOUND POWER AND LIGHT COMPANY AND OTHER APPLICANTS DATED JUNE 25, 1979 Applicants' oojection that the interrogatories in question are untimely is clearly without merit, since the interrogatories in question refer to a newspaper article that was dated June 7, 1979, well after the discovery deadline of June 1, 1979. The fact that the applicants withheld information disclosed for the first time in a newspaper article of June 7,1979, can hardly be decided as justification for withholding answers to the intervenor's proper and appropriate interrogatories going to the financial qualifications of the applicants. Indeed, intervenors have no hesitation in suggesting the applicants were derelict in failing to bring forward, voluntarily, the information reported in the newspaper story of June 7, 1979.

Applicants may not be heard to complain that their own 2027 003 veosgoo7f7

withholding of relevant information can be cloaked under the guise that requests for that information are untimely, when responsibility for the timeliness is entirely the applicants'.

Furthermore, it would be entirely appropriate for the board to impose sanctions, in this case, upon the applicants, which should should include, at the minimum, the following:

1. The applicants' financial qualifications testimony should not be received at this hearing, and instead, the applicants should be instructed to cure the omissions in that testimony revealed by the June 7, 1979, newspaper article attached to intervenor's interrogatories, before requesting that the financial qualifications testimony be rescheduled for presentation to the board.

2. Applicants' objection on ground of timeliness should be stricken as frivolous.

3. The staff should be requested by the board to thoroughly investigate all facts which lay behind the failure of the applicants' to come forward with the information revealed in the newspaper article of June 7, 1979, and to report to the board the results of the investigation for such action as the board may deem appropriate under the rules of the commission DATED: July 10, 1979.

Respectfully submitted,

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ROGER M. LEED Attorney for Intervenors 1411 - 4th Avenue Seattle, Washington 98101 Phone: (206) 382-0217

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RELATED CORRESPONDENCE ,/' c0C C 3

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[ 3$. N gg]9sected P T4 SS SCA/l t$ g, b UNITED STATES OF AMERICA 00 st@ - 3 NUCLEAR REGULATORY COMMISSION \qp j N

BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, et al., ) 50-523

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) July 10, 1979 (Skagit Nuclear Power Project, )

Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of: "INTERVENOR SCANP'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION TO PUGET SOUND POWER AND LIGHT COMPANY AND OTHER APPLICANTS dated July 10 , 1979, have been served on the following by depositing the same in the United States mail, postage prepaid, on this 10th day of July, 1979.

Valentine B. Deale, Esq., Chairman Alan S. Rosenthal, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Commission 1001 Connecticut Avenue N.W. Washington, D.C. 20055 Washington, D.C. 20036 Dr. John H . Buck, Member Dr. Frank F. Hooper, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board School of Natural Resources U.S. Nuclear Regulatory Commission University of Michigan Washington, D .C. 20555 Ann Arbor, MI. 48104 Michael C. Farrar, Member Gustave A. Linenberger, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D .C. 20555 Washington, D.C. 20555 2027 003 Certificate - 1

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SCA/3 Docketing and Service Section Canadian Consulate General Of fice of the Secretary Peter A. van Brakel U.S. Nuclear Regulatory Vice-Consul Commission 412 Plaza 600 Washington, D.C. 20555 6th and Stewart S treet Seattle, Washington 98101 Richard L. Black, Esq.

C^unsel for NRC Staf f F. Theodore Thomsen U.S. Nuclear Regulatory Perkins, Coie, Stone, Olsen Commi ssion & Williams Office of the Executive Legal 1900 Washington Building Director Seattle, Washington 98101 Washington, D, C. 20555 Alan P. O' Kelly Nicholas D. Lewis, Chairman Paine, Lowe, Coffin, Herman Energy Facility Site Evaluation & O' Kelly Council 1400 Washington Trust Financial 820 East Fif th Avenue Center O ly mp i a, Washington 98504 Spokane, Washington 99204 Robert C. Schofield, Director Russel W. Busch Skagit County Planning Depart- Evergreen Legal Services ment 520 Smith Tower 120 West Kincaid Street Seattle, Washington 98104 Mt.Vernon, Washington 98273 Thomas Moser Richard M. Sandvik, Esq., Deputy Prosecuting Attorney Assistant Attornev General Skagit County Courthouse Department of Jut -ice Mt. Vernon, Washington 98273 500 Pacific Building 520 S. W. Yamhill Portland, Oregon 97204 Robert Lowenstein, Esq.

Lowens tein, Newman, Reis &

Axelrad 1025 Connecticut Avenue, N.W.

Washignton, D.C. 20036 H. H. P hilli ps , Esq.

Vice President and Corporate Counsel '

Portland General Electric ,,

Company D ATED : ' - 1 121 S.W. Salmon S treet Portland, Oregon 97204 ROGER M. LEED CFSP and FOB ", -

E. S tachon & L. Marbet By -

19142 S. Bakers Ferry Road Michael W.-Gendler Boring, Oregon 97009 Certificate - 2 2027 J)06