ML20069F491

Affidavit of CM Pratt Supporting Licensee Motion to Impose Sanctions on D Corren & R Rosen of Greater Ny Council on Energy & Energy Sys Research Group,Inc for Failure to Respond to Interrogatories.Document Request Encl

ML20069F491
Person / Time
Site:	Indian Point
Issue date:	03/17/1983
From:	Pratt C POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:
Shared Package
ML20069F489	List: ML20069F486 ML20069F491
References
NUDOCS 8303230179
Download: ML20069F491 (3)

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• APPENDIX "B 0 AFFIDAVIT OF CHARLES M. PRATT CHARLES M. PRATT, being duly sworn, deposes and says that he is an Assistant General Counsel for the Power Authority of the State of New York, that he is fully familiar with the pri.or proceedings had herein and that he submits this affidavit in support of licensees' motion 'o impose sanctions on Dean Corren and Richard Rosen.

1. On March 11, 1983 Dean Corren telephoned me and informed me that Greater New York Council on Energy

("GNYCE") had received licensees' motion to compel further responses to discovery requests. That motion, inter alia, requests that GNYCE be compelled to respond to licensees' interrogatories concerning an economic' study referred to by Corren in April 1982 which was then being prepared by Energy Systems Research Group, Inc. ("ESRG"). GNYCE had failed or refused to respond to licensees' interrogatories and informal attempt to obtain adequate responses to licensee ' discovery requests as late a January 7, 1983.

2. Corren informed deponent that ESRG had just recently finished work on the study. Deponent replied that he doubted that the study had just been completed. Corren, however, repeated categorically that it had just been finished. Deponent asked Corren when the work would be available for inspection. He replied that ESRG was mailing the study and appropriate backup materials to him on March lith and that it would be available for licensees I "within a week".

l 8303230179 830317 PDR ADOCK 05000247 6 PDR

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3. Deponent is informed that an ESRG study, as set forth at length in licensees' motion, was completed in October 1982. De.conent respectfully submits that Corren's statement abotit the time of completion of the ESRG -

study is inaccurate. -

WHEREFORE, Ccponent respectfully requests that the relief sought in licensees' motion be granted.

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Swory to before me this

/7W day of March, 1983. .

%<% }y). 7 Notary Public PATmCIA M. WOOLEY Wary Public. State of New York Ma. 41-4667936 Ous!! fled in Queens County Ce tlH:ste Fihd in New York County Commission Exotros March 30.1Q.

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EXHIBIT "C" DOCUMENT REQUEST TO GREATER NEW YORK COUNCIL ON ENERGY and ENERGY SYSTEMS RESEARCH GROUP, Inc.

i DEFINITIONS AND INSTRUCTIONS: The definitions set forth in Licensees' First Set of Interrogatories and Document Requests under Commission Question 6, dated June 9, 1982, are inc'orporated herein by reference. A copy of those definitions is attached to this Document Request.

1. Each and every document reflecting, used in, or memorializing communications between Dean Corren, or others on behalf of Greater New York Council on Energy (GNYCE),

and Energy Systems Research Group, Inc. (ESRG) or any per-son (M1 behalf of ESRG, including but not limited to letters and memoranda.

2. The October 1982 ESRG study, entitled The Econo-ndes of Closing the Indian Point Nuclear Power Plants.

3. Both draft and final scopes of study, abstracts, ,

working papers, conclusions, and other documents relied upon or used as exhibits or studied by ESRG.

4. The contract or contracts, agreement or agree-ments between ESRG, or any individual associated with ESRG, and GNYCE, or any individual associated with GNYCE.

5. The contract or contracts, agreement or agree-rents between ESRG, or any individual associated with ESRG, and any intervenor in this proceeding, so far as it refers to Indian Point. .

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O; UNITED STAT'ES OF AMERICA v

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Louis J. Carter, Chairman Frederick J. Shon '

Dr. Oscar H. Paris

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In the Matter of  :

Docket Nos.

CONSOLIDATED EDISON COMPANY OF NEW YORK,  :

INC. (!*1dian Point, Unit No. 2)  : 50-247 SP

50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK  :

(Indian Point, Unit No. 3)  : June 9, 1982

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LICENSEES' FIRST SET OF INTERROGATORIES AND DOCUMENT REQUEST UNDER COMMISSION OUESTION 6 ATTORNEYS FILING THIS DOCUMENT:

Charles' Morgan, Jr. Brent L. Brandenburg Joseph J. Levin, Jr. CONSOLIDATED EDISON COMPANY MORGAN ASSOCIATES, CHARTERED OF NEW YORK, INC.

1899 L Street, N.W. 4 Irving Place Washington, D.C. 20036 New York, NY 10003 (202) 466-7000 (212) 460-4600

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'!ABLE OF CONTENTS

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• PRELIMINARY STATEMENT ...................................... 1 .

DEFINITIONS . . . . . . . . . . . . . ................................... 2 INS'TRUCTIONS ............................................... 5 INTERROGATORIES . . . . . . . . . ................................... 7 LICENSEES' DOCUMENT REQUEST ................................ 30 '

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• • ! PRELIMINARY STATEMENT ,

O Pursuant to 10 CFR Part 2 and the Mem'orandum and Order (Formulating Contentions, Assigning Intervenors, and Setting Schedule) herein, dated April 23, 1982 (the " April 23, 1982 ,

Order"), Consolidated Edison Company of New York, Inc. (" Con ,

Ed ison") , licensee of Indian Point Station, Unit No. 2, and Power Authority of the State of New York (" Power Authority"),

licensee of Indian point 3 Nuclear Power Plant (collectively the

" licensees"), request that each of the intervenors specified below answer separately, fully, seriatim and on or before June 23,.1982, or, if this document has not been served upon you by

. personal delivery, on or before June 30, 1982,* under oath and otherwise in accordance with 10 CFR Part 2 and the April 23,

,/ 1982 Order, each of the following interrogatories.**

These interrogatories are directed to each of the following intervenors: Greater New York Council on Energy

("GNYCE"), West Branch Conservation Association ("WBC A") , and Parents Concerned About Indian Point (" Parents").

Pursuant to 10 CFR S2.710 (as amended, 46 Fed. Reg. 58279 (Dec. 1, 1981)), parties served by Express Mail must answer . .

interrogatories on or before .

• • Pursuant to footnote 3 to the April 23, 1982 Order, the Board has held the litigation of certain psychological fear and stress issues in abeyance pending the issuance of an opinion by

.the Court of Appeals for the District of Columbia in PANE v. NRC and further administrative guidance. Accordingly, the licensees reserve the right to serve further interrogatories on that, subject upon such resolution.

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In its responses to these interrogatories, intervenor shall set. forth the interrogatory as posed by the licensee, then s -) ,

set forth its response to the interrogatory.

With respect to each interrogatory, if a particular lead or contributing intervenor does not make a particular allegation, claim, or contention, and has not been assigned lead or contributing intervenor status with respect to such allegation, claim or contention by the orders of the Board herein, said intervenor should so state.

DEFINITIONS A.. "or" shall mean and/or.

B. " Document" shall mean any kind of written or graphic matter, however produced or reproduced, of any kind of I

s/ description, whether sent or received or neither, including originals, copies and drafts and both sides thereof, and including, but not limited to: papers, books, correspondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or of other meetings (including, but not limited to, meetings of boards of directors or committees thereof),

a'ffidavits, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, financial statements, -

P' computcr printouts, data processing input and output,

assumptions, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing how'ever denominated by 1.ntervenors.

C. " Identify" or " state the identity," when referring to a document shall mean'to state:

1. The generic nature of the document (e.g., letter, memorandum, telegram, etc.);

2. The date on which the document and each copy thereof was prepared;

3. The name of each author, addressor and addressee of the document;

4. The name of each past or present custodian of each copy of the document; and

5. A brief description of the contents of the document. (In lieu of such a description, you may append to your answer a true and complete copy of the document.)

C.L.]

D. " Identify," when referring to an oral communication, shall mean:

1. To state the date of such communications;

2. To identify each person participating therein.and each person who was present;

3. To state what was said by each participant in the course of such communication, or, if not known as recalled, the substance;

4. To state whether there are any documents - -

which set forth, summarize or refer to any portion of such oral communication; and .

5. If such documents exist, to identify each such document and each person having custody '

of the document.

E. " Identify" or " state the identity", when referring

, to a person, shall mean to state:

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l. The person's full name;

2. The name of'his employer;

3. ,His position with such employer;

4. His business address and telephone number; and

5. His present or last known home address and telephone number.

Once a person has been identified in response to any interrogatory and provided no requested information concerning such person is different from that provided for in the earlier identification it shall be sufficient thereafter to identify such person by name only.

F. " Guidelines of the Nuclear Regulatory Commission" shall mean all rules and regulations codified in the Code of Federal Regulations, all NUREG's and regulatory guides issued by J

the Commission, and all conditions or provisions of both' licensees' operating licenses. .

G. The word " person" as used herein, shall refer both to individuals and to any other legal entity.

H. "You" or "your" means the intervenors to whom these interrogatories are directed and agents, servants, employees, officers, directors and attorneys of any of them and all other persons acting or purporting to act on behalf of any of them.

I. To " state the grounds" or to " identify the grounds" for an allegation, claim, or contention means to describe in detail the reasoning and facts and to provide all data and calaculations, which you claim support the allegation, claim,

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or contention, and to identify all relevant documents, and

,) communications, and individual informants and ,to state the precise nature and source of your knowledge, information and belief that there is good ground to support such allegation, claim, or contention, and to specify any assumption on which t'he allegation, claim'or contention is based. In the case of any assumption on which an allegation, claim, or contention is based, state the probability that such assumption will in fact occur, and the method of calculation of such probability. If any part of the grounds for an allegation, claim, or contentien is a guideline of the NRC, cite said guideline with specificity. If a particular lead or contributing intervenor does not make a particular allegation, claim, or contention,

,f 7 said intervenor should so state.

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INSTRUCTIONS A. References to the singular shall be deemed to include the plural, and references to the plural shall be deemed to include the singular. The use of the past tense in a verb shall be deemed to include the present, and the use of the present tense shall be deemed to. include the past. The use of

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any word in the masculine or feminine gender shall be deemed to '

include the other gender and the neuter, and when the sense so indicates, words of neuter gender shall be deemed to refer .to any gender.

B. All interrogatories recuesting identification'of documents shall be deemed to, refer to documents in the n.

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possession of any intervenor that were sent, received, written

) or otherwise generated during the relevant per,iod (unless otherwise specified), and any other documents referred to or relied upon in. connection with the preparation of the contentions or your answers to these interrogatories, regardless of whether they are in your possession or control.

C. Should you claim a privilege (including, without limitation, the attorney-client or work product privilege) with respect to any part of any discussion, document or.other communication concerning which information is requested by any -

of the following interrogatories, you should answer the -

interrogatories in the manner above indicated, except that you need not set forth a summary of the contents of the part deemed privileged, i.e., in the case of a document, you should supply items C (l)-C (4) , above, and in the case of an oral com-munication, you should supply items D(1) , D (2) , D (4) , and D(5) .

In addition to setting forth the above noted information

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concerning each such discussion, document or communication, you shall indicate that you claim privilege for such part and shall state the nature of the privilege claimed and the facts upon which such claim is based.

D. Identify all your witnesses, areas of their testimony, their cualifications, and all reports, studies, I

letters, graphs, and other documents they plan to use in supoort of their testimony. Where documents are lengthy and a witness only plans'to use portions of it, provide the page numbers of p-(.' these portions.

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levels, massive. Measurgble quantities should, be pr'ovided for ^

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1. State the 'g;:,<ou' '

n ds. for the assertion that a consequence < of  ;

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the shutdown 9fe, Indian" Point Units 2.m)d.3 %uld be an. .

'- *1, economi,c benefit;to Rocklan'd County./,. Identify the entity

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or entities who, will' receive 'Ehe benefit.

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2. Id entify., the ~ peop'fe (and/or entities) within Rockland '

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County who own stocks or' bonds of the licensees and owners '

.,/ - s ~r of Indian Point Units 2' and 3. 'e '~#

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.m Identify who will pay fog the,b,enefits,that are alleged to [,p-accrue to Rockland Count -

Sta ste,,e *the' amount tha.,*t each

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. customer will pay annga'lly.- '

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Identify the environit3nt,al irsacts oC i n, 'the s s.

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-fN generation of Orange &/RcOkl'and ,y required'-to /

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alleged bendOits.

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5. Identify, any basis',;.Q 3 ,.for asserting /

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[ to Rockland County,'or its customers]'will.not result, / f, .

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directly or indirect-l.-y, ficc6 epstomers elsend,e in the

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state, including Wes tchester'. i .

Cou, nty, and'N'.w/ York City, i ': .i N '

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'6. State the grounds for the asaer-i.on that Orange.and 1' , 7

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'Rockland Utilitiy b,as.300f.W of exccs's capacity.

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