ML20065H790

Third Set of Interrogatories & Request for Production of Documents Re Issues 1,3 & 11 on Offsite Emergency Evacuation Plans,Qa & Local Economic Benefits,Respectively.Certificate of Svc Encl

ML20065H790
Person / Time
Site:	Perry
Issue date:	09/30/1982
From:	Willmore R CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	SUNFLOWER ALLIANCE
References
LBP-81-24, NUDOCS 8210050255
Download: ML20065H790 (12)

Text

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DOCKETED -

USNRC September 30, 1982 iI TT -4 Ni /

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0FFICE OF SECEETAR'

. UNITED STATES OF AMERICA UCCUEIEf3g M EbV NUCLEAR' REGULATORY. COMMISSION BeforI'the Atomic Safety and Licensing Board s

In the Matter of )

)

THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY, ET AL. ) Docket Nos. 50-440

) 50-441 (Perry Nuclear Power Plant, )

Units 1 and 2) )

APPLICANTS' INTERROGATQRIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO SUNFLOWER .

ALLIANCE INC., ET AL. (THIRD SET) -

These Interrogatories and Request for Production of Documents are filed by Applicants pursuant to the Licensing Board's Special Prehearing Conference Memorandum and Order, LBP-81-24, 14 N.R.C. 175 (1981), the Memorandum and Order -

(Concerning Scheduling) dated September 16, 1982, and the

. Nuclear Regulatory Commission's Rules of Practice. The Interrogatories and Document Requests are directed to Sunflower Alliance, Inc., et al. (" Sunflower"), and pertain to Issues

. No. 1, No. 3 and No. 11.

The Interrogatories submitted herein are filed pursuant to 10 C.F.R. $ 2.740b, which requires that the Interrogatories be ,

answered separately and fully in writing under oath or I

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affirmation, within 14 days after service. The Interrogatories are intended to be continuing in nature and the answers must be immediately supplemented or amended, as appropriate, should Sunflower $btainanynewordifferinginformationresponsiveto the Interrogatories. c The Reque,st ,for Pr'o' duction 'of, Documents is filed- pursuant to 10 C.F.R. 5 2.741, which requires that Sunflower produce and either furnish copies of or permit Applicants to inspect and copy any documents responsive to the request and which are in j the possession, custody or control of Sunflower. The Request l

for Production of Docunents also is continuing in nature and Sunflower must produce immediately any additional documents dt obtains which are responsive to th'e' Request. .

. For purposes of these Interrogatories, the term "docu- i ment (s)" means all writings and records of every type in the possession, control or custody of Sunflower or of Sunflower's attorney (s), Including, but not limited to, memoranda, corre-spondence, reports, surveys, tabulations, charts, books, .

pamphlets, photographs, maps, bulletins, minutes, notes, e speeches, articles, transcripts, voice recordings, and all '

other writings or recordings of any kind. " Document (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of Sunflower. t For purposes of these Interrogatories, a document shall be deemed to be within the " control" of Sunflower or of Sunflower's attorney (s) if they have ownership, possession or

V I custody of the document or copy thereof, or have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.,

WhenIdenti.ficationofadocumentisrequested,briefly describe the document; i:e., letter,; memorandum, book, pamphlet,- etc,f,,a,nd sta't'e'the fo'llowing informaEion as appli-cable to the particular document: name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the person (s) having possession of the document.

The purpose of_these Interrogatories and Request for Production of Documents is to clarify the sco'pe of" Issues .

No. 1, No. 3 and No. 11,'and to as'c'ertain the factual bases .

which support each element of the Issues so that Applicants adequately can prepare their response to the Issues.

INTERROGATORIES--

Issue No. 1 (Off-Site Emergency Evacuation Plans) .

1. (a) Stste whether Sunflower, or any of its members, representatives, agents, or any other person or organization acting on its behalf, has examined any portion of any draft of the emergency response plans for Lake, Ashtabula, or Geauga counties.

(b) If such draft plans have been examined by or on behalf of Sunflower:

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f (1) -Identify the portions of the draft plans that were examined. l

. (2) State the places at and dates on which the draft plans.were examined.

(3) --State the* name, present or last known address, i ane'. pre,sent os last known employer of each person who ,

examined the draft plans for Sunflower. l s

l, (4) State the name, present or last known address, and present or last known employer of each person who made such draft plans available for examination by '

Sunflower. I

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2. (a) Produce a copyf o any dr' aft, or any portion of any'.  !

draft, of the emergency response plans of Lake, Ashtabula or Geauga counties in the possession or control of Sunflower.

(b) If such draft plans are produced, state how and when Sunflower obtained possession or control of the draft plans, including the name, present or last known address,- and present -

or last known employer of each person who obtained the draft plans for Sunf.- ver and each person who gave the draft plans to Sunflower.  !

3. (a) State the name, present or last known address, and present.or last known emplo er of each person or organization that has provided any information, assistance or advice, f directly or indirectly, to Sunflower with regard to Issue No. 1. ,

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(b) As to each such identified person or organization, state the substance of the provided information, assistance or advi,ce. *

-- Issue No: 3 (Quality Assurance)

4. (a) Stat'e'the name, present or last known address and i present or last known employer of each person or organization '

proUiding any information, assistance, or advice, directly or indirectly, to Sunflower with regard to Issue #3.

(b) As to each such person or organization, state the I substance of the provided information, assistgnce or advice.

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5. (a) State in detail the substance of any information -

within Sunflower's knowledge involving any alleged deficiencies in construction or quality assurance at the Perry Nuclear Power .

Plant. (Sunflower need not restate information contained in Applicants' reports to the NRC or the NRC's inspection reports).

(b) As to each such item of information, state the name, present or last known address, and present or last known employer of each person or organization who brought such information to Sunflower's attention. If such an item of information was brought to Sunflower's attention by some person or organization other than the p6rson having direct knowledge of the alleged deficiency, state the name, present or last t

known address, and present or last known employer of the person having such direct knowledge.

. (c) State when, how, and to whom each item of information identified in parts (a) and (b) above was communicated.

State the present or-last knosn address:and present and last known employer of ea,ch persod~ihentified.in this respSnse. -

s (d) State any actions Sunflower has-taken to verify the sub)tance of each item of information identified in part (a) above. State the results of'any such attempted verification.

(e) Identify all documents related in any way to any of the items of information identified in parts (a) and (b) above, the cer.munication of such items of informatiAn to Sunflower,.

and any verification attempted by' Sunflower of such items-of'.

information.

Issue No. 11 (Local Economic Benefits)

6. State the name, present or last known address, present or last known employer and professional and educational quali-fications of each person known to you to have first-hand ,

knowledge of the fe. cts alleged in Issue No. 11.

7. (a) State the name, address, title, employer and educa-tional and professional qualifications of each person you intend to call as an expert witness on Issue No. 11.

.. 1 4' 1 i (b) State the. subject matter on which each such person is i expected to testify.

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.(c) State the substance of the facts and opinions to

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such, person is expected to testify.

(d) State n' summary of the gro,unds for such opinions, and s 1

identify a11 d,ocuments Epon which such person relies' to substantiate such opinions. .

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8. Identify all documents in your possession, custody or I control, including all relevant page citations, pertaining to  !

f the subject matter of Issue No. 11.  ;

Identify all docume5ts, inclu' ding all relevant page

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citations, which you intend to offer as exhibits during this proceeding to support Issue No. 11 or which you intend to use during your cross-examination of witnesses presented by

. Applicants and/or the NRC Staff on Issue No. 11.

10. (a) On page 6-3 of the PNPP Final Environmental. Impact j

. Statement, NUREG-0844 (August, 1982), the NRC Staff states that f the indirect benefits listed in Table 6.1 "are presented for  !

t informational purposes only and are not included in the l I

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. cost-benefit balance." In light of this statement, do you ,

still contend that the PNPP'FES accords too much weight'to 1

increased' employment and' tax revenues to'the local community?  ;

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I (b) If the answer to part (a) above is in the affirma-tive, state in~ detail the bases for your answer. .

,(c) ~ Identify all documents you rely on to, support or fi

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fashion yo .

r an(wers to parts (a) and (b) above.  !

(d) State the name*, present sur last known address,  !

present or lasp, known-e'iployer, 'and educational- and profes- t sional qualifications of each person you rely on to support or i

fashion your answers to parts (a) or (b) above. As to each ,

t such person, state the substance of any information, assistance j f or advice provided by such person to Sunflower with regard to f; Issue No. 11.

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l General Interrogatories fertaining"to Issues No. 1, No. 3-and.

No. 11 -

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11. State the name, title or position, present or last known i address, present or last known employer, and educational and I professional qualifications of each person who provided t information used in preparing responses to any of the foregoing.

Interrogatories. [

12. For each person identified in response to Interrogatory i

1. 11, state the numbers of the Interrogatories for which information was supplied.

13. State the name, title or position, present or last known address;and present or last known employer of each person who 1

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searched for documents in order to respond to any of the ,

foregoing requests for identification of documents.

14. For e ch pe,rson identified in response to Interrogatory

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'#13, state the-numbers of the Interrogatories for which the

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search war conducted an'd'the loc,ation where the search was  !

r. o conducted. -

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15. Identify any written or recorded statement in the posses-sion or control of Sunflower pertaining to the subject matter ,

of Issues No. 1, No. 3 and No. 11, not previously identified in response to the foregoing Interrogatories. -

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.. T-REQUEST FOR PRODUCTION OF DOCUMENTS Applicants request that Sunflower respond in writing to .

the_following request for production of documents and produce the original or best copy of each of the documents requested below, at the office of Lawrence O. Beck at The Cleveland Electric Illuminating Company, or at a place mutually conven-isnt to the parties. ,

i The term " document (s)" means all writings and records of every type in the possession, control or custody of the Sunflower or of the Sunflower's attorney (s), including, but not limited to, memoranda, correspondence, reports, surveys, tabulations,-charts, books, pamphlets, photographs, maps,

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bulletins, minutes, notes, speeches, articles, transcripts, voice recordings, and all other writings or recordings of any kind,. " Document (s)" shall also mean copies of documents even though the'origi,nals thereof are not in the possession,

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custody, or control of the Sunflower,.

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A documeng.,shall b'e cleemed 'to ,be within the i' control" of the Sunflower or of the Sunflower's attorney (s) if they have ownership, possession or custody of the document or copy thereof, or have the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.

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Applicants request that Sunflower produce each and ever.y document identified or described ih the answers to the above .

Interrogatories 1 through 15.

Respectfully submitted, .

SHAW, PITTMAN, POTTS & TROWBRIDGE By: *M att ^ '

Jay E. Silberg, P.C.

Robert L. Willmore Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dr.ted: September 30, 1982 i

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I Before the Atomic Safety and Licensing Board  ;

. . . . l In the Matter of'. -

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THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 i ILLUMINATING COMPANY, ET AL. ) 50-441

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(Perry Nuclear Power Plant, ) i Units 1 and 2) ) i CERTIFICATE OF SERVICE f This is to certify that copies of the foregoing " Applicant,s' Interrogatories and Request For Production of Documents to Sunflower .

Alliance, Inc., et al. (Third Set) ," were served by deposit in the ,

U.S. Mail, First Class, postage prepaid, this 30th day of September, 1982, to all those on the attached Service List.

o r Robert L. Willmore

. Dated: September 30, 1982 i

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l' UNITED STATES OF AMERICA  :

NUCLEAR REGULATORY COMMISSION >

Before the Atomic Safety and Licensing Board In the Matter bf * ~ ~

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_Do'cket Nos. 50-440 THE CLEVELAND ELECT,RIC. . )

ILLUMINATING COMPANY , ) - - 50-441 .

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(Parry Nuclear Power Plant, ..) ,, .

l Units 1 and 2) . ). ,

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SERVICE LIST  !

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Pater B. Bloch, Chairman Atomic Safety and Licensing i Atomic Safety.and Licensing Board Appeal Board Panel ,

U.S. Nuclear. Regulatory Commission U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555 Washington, D.C. 20555 l Dr. Jerry R. Kline bocketing'and. Service Section  !

Atomic Safety and Licensing Board ' Office of the Secretary ,

U.S. Nuclear Regulatory Commission " U.S. Nuclear Regulatory Commission  !

/ Washington, D.C. 20555 . Washington, D.C. 20555 .

Mr. Frederick J. Shon James M. Cutchin, IV, Esquire Atomic Safety and Licensing Board Office of the Executive  ;

U.S. Nuclear Regulatory Commission Legal Director .

Washington, D.C. 20555 U.S. Nuclear Re gulatory Commission  !

Washington, D.C. 20555 i i

Christine N. Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt _ ,

Appeal Board OCRE Interim Representative *

) U.S. Nuclear Regulatory Commission 8275 Munson Avenue f 20555 Mentor, Ohio 44060 Washington, D.C.

Dr. John H. Buck Daniel D. Wilt, Esquire  !

Atomic Safety and Licensing Post Office Box 08159 i Appeal Board Cleveland, Ohio 44108 U.S. Nuclear Regulatory Commission i 20555 Washingto"., D.C. Donald T. Ezzone, Esquire Assistant Prosecuting Attorney -

Gary J. Edles, Esquire Lake County Administration Center ,

Atomic Safety and Licensing 105 Center Street  !

Appeal Board - Painesville, Ohio 44077 ,

U.S. Nuclear-Regulatory Commission Washington, D.C. 20555 John G. Cardinal, Esquire- i Prosecuting Attorney ,

Atomic Safety and Lic'ensing Ashtabula County Courthouse  ;

Board Panel , Jefferson, Ohio 44047 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Terry Lodge, Esquire 915 Spitzer Building Toledo, Ohio 43604 i

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