ML19257A397

Objection to Intervenor Skagitonians Concerned About Nuclear Power Interrogatories Re Seismic Profiles of San Juan Islands.Western Geophysical Seismic Profiles Not Discovered by Util Until 1979.No False Statements Made

ML19257A397
Person / Time
Site:	Skagit
Issue date:	12/12/1979
From:	Little D, Thomsen F PERKINS, COIE (FORMERLY PERKINS, COIE, STONE, OLSEN, PUGET SOUND POWER & LIGHT CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001040054
Download: ML19257A397 (5)

Text

.

N p

k UNITED STATES OF AMERICA h

,h NUCLEAR REGULATORY COMMISSION G

A 4%',!lA/*

4 BEFORE THE ATOMIC SAFETY AND LICENSING BOAR %

C r N

0' In the Matter of

)

)

PUGET SOUND POWER & LIGHT

)

Docket Nos. 50-522 COMPANY, et al.,

)

50-523

)

(Skagit Nuclear Power Project )

Units 1 and 2)

)

December 12, 1979

)

OBJECTION TO SCANP'S INTERROGATORIES TO APPLICANT REGARDING SAN JUAN ISLANDS SEISMIC PROFILES Applicants object to SCANP's Interrogatories to Appli-cant Regarding San Juan Island Seismic Profiles on the ground that they do not relate to any matter in controversy in this proceeding and thus are outside the scope of dis-covery permitted by 10 CFR 2.740 (b) (1).

As explained by SCANP, the interrogatories seek information regarding seis-mic profiles "in order to determine whether Applicant has made a material false statement, as that term is used in Section 186 of the Atomic Energy Act, 42 USC S2236."

The question of whether or not Applicants have made a material false statement is not a matter in controversy in this proceeding.

There are no contentions concerning alleged material false statements by Applicants.

The Staff has neither submitted any questions to Applicants nor

~

initiated an investigation regarding alleged material false 1684 005 6

80 01 " 06#/

statements by Applicants.

SCANP has not identified the statements that it believes are material and false.

Furthermore, SCANP has not set forth the basis for its apparent belief that Applicants may have made a material false statement.

Therefen, the matter sought to be in-quired into by these interrogatories is not a matter in controversy in this proceeding.

SCANP's interrogatories concern seismic profiles run by Western Geophysical Company in 1971.

In an article on October 25, 1979, the Seattle Post-Intelligencer re-ported, apparently on the basis of SCANP sources, that Puget Power commissioned the 1971 work by Western, but did not give the profiles to the NRC until September 1979.

The newspaper article quoted Mr. Leed, attorney for SCANP, as stating " evidently, it was only when they found it impossible to conceal this evidence that they came forward with it."

Both the article and the statement attributed to Mr. Leed are erroneous and defamatory.

Moreover, both Mr. Leed and the newspaper reporter were told on the day before pub 3(cation of the article that Puget Power did not know of the 1971 seismic profiles until late this summer.

In a subsequent article on October 27, 1979, the Post-Intelligencer admitted that it had incorrectly reported that the 1971 study had been commissioned by Puget Power.

For that article, the newspaper reporter interviewed a senior vice president at Western Geophysical who said there was "no way" Puget Power or its consultantr, could have had access to the 1971 study.

i684 006 Puget Power learned of the existence of the 1971 Western Geophysical profiles from the NRC on August 23, 1979 and was asked by the NRC to obtain the seismic pro-files, if possible.

It was then learned from Western Geophysical that the data could be purchased on a proprie-tary basis-The profiles were acquired on that basis.

On September 14, 1979, Applicants sent the profiles to the NRC with a request that the data be withheld from public disclosure.

In a letter dated September 20, 1979, Appli-cants gave SCANP the opportunity to inspect the 1971 West-ern Geophysical profiles pursuant to a protective agreement.

Since the Applicants did not know of the existence of the 1971 Western Geophysical seismic profiles until late August 1979, Applicants cannot conceive of any basis for SCANP to allege that Applicants may have made a material false statement concerning such seismic profiles.

Appli-cants view SCANP's discovery as a pointless fishing expedi-tion, falling far outside the permissible scope of discovery.

DATED:

December 12, 1979 Respectfully submitted, PERKINS, COIE, STONE, OLSEN &_WI,LLIAMS BW

{4f N U71Y F. Theodore Thomsen By

)

D&u@laf S.

Little Attorneys for Applicant 1900 Washington Building Of Counsel:

Seattle, Washington 98101 Phone (206) 682-8770 Lowenstein, Newman, Reis Axelrad & Toll

)684 00/

1025 Connecticut Avenue, N.W.

Washington, D. C.

20036 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the h' iter of

)

)

PUGET SOUND POWER & LIGHT COMPANY,)

DOCKET NOS.

et al.

)

)

50-522 (Skagit Nuclear Power Project,

)

50-523 Units 1 and 2)

)

)

CERTIFICATE OF SERVICE I hereby certify that the following:

OBJECTION TO SCANP'S INTERROGATORIES TO APPLICANT REGARDING SAN JUAN ISLANDS SEISMIC PROFILES in the above-captioned proceeding have been served upon the persons shown on the attached list by depositing copies thereof in the United States mail on December 1,2, 1979 with proper postage affixed for first class mail.

DATED:

Decemoer 12, 1979 1

/

Dogglds S.

Little Counsel for Puget Sound Power &

Light Company 1900 Washington Building Seattle, Washington 98101 1684 008

Date:

December 12, 1979 Valentine B.

Deale, Chairman Robert C.

Schofield, Director Atomic Safety and Licensing Board Skagit County Planning Department 1001 Connecticut Avenue, N.W.

218 County Administration Building Washington, D.

C.

20036 Mount Varnon, WA 98273 Dr. Frank F.

Hooper, Member Richard M.

Sandvik, Esq.

Chairman of Resource, Ecology, Assistant Attorney General Fisheries and Wildlife 500 Pacific Building University of Michigan 520 S.W.

Yamhill School of Natural Resources Portland, OR 97204 Ann Arbor, MI 48109 Roger M.

Leed, Esq.

Gustave A.

Linenberger, Member Room 610 Atomic Safety and Licensing Board 1411 Fourth Avenue Building U.S.

Nuclear Regulatory Commission Seattle, WA 98101 Washington, D.

C.

20555 CFSP and FOB Alan S.

Rosenthal, Chairman Eric Stachon Atomic Safety and Licensing 2345 S.E.

Yamhill Appeal Board Portland, OR 97214 U.S.

Nuclear Regulatory Commission Washington, D.

C.

20555 Robert Lowenstein, Esq.

Lowenstein, Newman, Reis, Dr. John H.

Buck, Member Axelrad & Toll Atomic Safety and Licensing 1025 Connecticut Avenue, N.W.

Appeal Board Washington, D.

C.

20036 U.S.

Nuclear Regulatory Commission Washington, D.

C.

20555 Warren Hastings, Esq.

Associate Corporate Counsel Michael C.

Farrar, Member Portland General Electric Company Atomic Safety and Licensing 121 S.W.

Salmon Street Appeal Board Portland, OR 97204 U.S.

Nuclear Regulatory Commission Washington, D.

C.

20555 James W.

Durham Portland General Electric Company Docketing and Service Section 121 S.W.

Salmon Street Office of the Secretary.

Portland, OR 97204 U.S.

Nuclear Regulatory Commission 3

Washington, D.

C.

20555 Richard D.

Bach, Esq.

(original and 20 copies)

Stoel, Rives, Boley, Fraser and Wyse Richard L.

Black, Esq.

2300 Georgia Pacific Bldg.

900 S.W. Fifth Avenue Counsel for NRC Staff Portland, OR 97204 U.S.

Nuclear Regulatory Commission Office of the Executive Legal Canadian Consulate General Director Donald Martens, Censul Washington, D.

C.

20555 412 Plaza 600 6th and Stewart Street Nicholas D.

Lewis, Chairman Seattle, WA 98101 Energy Facility Site Evaluation Council Patrick R.

McMullen, Esq.

820 East Fifth Avenue Skagit County Prosecuting Attorney Oly'apia, WA 98504 Courthouse Annex Mount Vernon, WA 9827.3 Thomas F.

Carr, Esq.

Assistant Attorney General Temple of Justice

}bhk g

Olympia, WA 98504 8/22/79

.