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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20082F7881983-11-23023 November 1983 Withdrawal of OL Application.Certificate of Svc Encl ML20082F7771983-11-23023 November 1983 Motion for Order Approving Encl Withdrawal of Application & Terminating Proceeding ML20080L9431983-09-28028 September 1983 Second Request for Addl Extension Until 840115 to Answer Intervenor Motion for Summary Disposition of Contention 1. Portland General Electric Co Expects to Decide on Plant Termination by End of 1983.Certificate of Svc Encl ML20080G0731983-09-13013 September 1983 Request for Extension Until 831014 to Answer Intervenor Motion for Summary Disposition of Contention 1.Motion May Be Moot If Other Owners Concur W/Util Decision to Terminate Proceeding.Certificate of Svc Encl ML20071Q7201983-06-0303 June 1983 Response Opposing Applicant 830525 Request for Extension Until 830930 to Answer Motion for Summary Disposition of Contention 1.No Good Cause Demonstrated.Certificate of Svc Encl ML20071M0781983-05-25025 May 1983 Request for Extension Until 830930 to Answer NRDC Motion for Summary Disposition of Contention 1.Time Needed to Consider Implications of Final Northwest Conservation Electric Power Plan & Licensing Alternatives.Certificates of Svc Encl ML20023C4571983-05-12012 May 1983 Memorandum of Points & Authorities Supporting Intervenor Motion for Summary Disposition Since Contention 1 No Longer Controversial Issue.Certificate of Svc Encl ML20023C3741983-05-12012 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention 1 ML20023C3691983-05-12012 May 1983 Motion for Summary Disposition of Contention 1 Re Calculation of Demand for Electrical Energy Negating Need for Plant.No Genuine Issue of Matl Fact Exists ML20023C6971983-05-12012 May 1983 Affidavit of DB Goldstein Supporting NRDC Motion for Summary Disposition of Contention 1 Re Need for Power.Four Forecasts for Energy Needs Refute Need for Power Justification Developed by Util.Prof Qualifications Encl ML20064N6681983-02-10010 February 1983 Motion to Suspend Health & Safety Prehearing Schedule Pending Adoption of Final Regional Energy Plan or Until Conclusion of Evidentiary Hearings on Need for Power. Applicant Appears Ready to Absorb Facility Costs ML20071A6671983-02-10010 February 1983 Certifies Svc of Intervenor Motion to Suspend Safety & Health Schedule on 830210 ML20070T0661983-02-0404 February 1983 Motion for Order Suspending Health & Safety Prehearing Schedule,Pending Adoption of Final Regional Power Plan & Further Order of Aslb.Suspension Would Be in Best Interest of All Concerned.W/Certificate of Svc ML20083N8101983-01-31031 January 1983 New Contentions Based on New Info in SER Suppl.Certificate of Svc Encl ML20083N1991983-01-26026 January 1983 Notice of Appeal & Exceptions to ASLB 830118 Memorandum & Order.Memorandum & Order Fails to Recognize Yakima Indian Nation Sovereignty & Treaty Rights Which Are Supreme Law of Land.Affidavit of Svc Encl ML20028F1831983-01-25025 January 1983 Notification of Intent to File New Contentions Based on New Info in SER Suppl.Certificate of Svc Encl ML20028E9701983-01-19019 January 1983 Reply to NRC & Applicant Response to Natl Wildlife Federation/Or Environ Council,Columbia River Inter-Tribal Fish Commission & Coalition for Safe Power 821213 Motion to Clarify & Amend Certain Contentions.W/Certificate of Svc ML20072A6731983-01-18018 January 1983 Motion for Extension of Time Until 830210 to File Answer to Natl Wildlife Federation/Or Environ Council 830105 Motion to Compel Discovery.Parties Attempting to Settle Matter by Informal Agreement.Certificate of Svc Encl ML20028C9581983-01-0505 January 1983 Memorandum Supporting Natl Wildlife Federation/Or Environ Council 830105 Motion to Compel Discovery.Applicants Misinterpreted 10CFR2.740(b)(1) Relevancy Std.Discovery Requests Are Relevant.W/Certificate of Svc ML20028C9501983-01-0505 January 1983 Motion to Compel Applicants to Respond in Full to Natl Wildlife Federation/Or Environ Council 821201 Interrogatories & Request for Production of Documents ML20028C3221983-01-0303 January 1983 Suppl to DOE 821126 Limited Appearance Statement.Doe Position Is That Hanford Site Is Not Open,Unclaimed Land as Defined in 1855 Treaty W/Yakima Indian Nation,Article Iii. ASLB Is Wrong Forum for Resolving Issue ML20070L5411982-12-27027 December 1982 Answer Opposing Yakima Indian Nation 821210 Motion for Reconsideration of ASLB 821029 Memorandum & Order Re Suppl to Petition to Intervene.Aslb Rejection of Contentions 7,8 & 9 Well Founded ML20070L4901982-12-27027 December 1982 Affidavit of Mv Stimac Supporting Applicant Answer to Yakima Indian Nation Motion for Reconsideration.Describes Plant Site & Location of Casements.Certificate of Svc Encl ML20079J6021982-12-23023 December 1982 Response Supporting Intervenor 821213 Motion to Clarify & Amend Contentions 7 & 8.Quantification of Environ Impacts Not Practicable Due to Subjective Nature.Certificate of Svc Encl ML20023B3081982-12-20020 December 1982 Response to 821201 Discovery Requests.Certificate of Svc Encl ML20079H3711982-12-13013 December 1982 Motion to Clarify & Amend Contentions 7 & 8.Contentions Should Be Reorganized to Facilitate Coordinated Evidentiary Presentations for Environ Matters ASLB Set Out as Contentions 4,7 & 8.Certificate of Svc Encl ML20070D1181982-12-10010 December 1982 Affidavit of R Jim Supporting Yakima Indian Nation Brief on Admissibility of Nation Reworded Proposed Contention 10 & Motion for Reconsideration.Nation Has Right to Pasture Horses & Gather Roots Even Though Us Holds Title to Land ML20070C9121982-12-10010 December 1982 Notice of Counsel New Law Firm Affiliation,As of 820901 ML20070C8181982-12-10010 December 1982 Motion for Reconsideration of ASLB 821029 Memorandum & Order Re Yakima Indian Nation Contentions 7,8 & 9.Nation Right to Enjoy Reservation Peacefully Given by 1855 Treaty Should Be Protected by ASLB ML20070C7981982-12-10010 December 1982 Brief Supporting Admissibility of Yakima Indian Nation Reworded Proposed Contention 10.Attempt to Terminate Reserved Rights of Yakima Indian Nation Violates Fifth Amend.Land Cannot Be Taken by Inverse Condemnation ML20070C7691982-12-10010 December 1982 Certifies Svc of Brief on Admissibility of Reworded Proposed Contention 10,motion for Reconsideration of ASLB 821029 Memorandum & Order,R Jim Affidavit & Notice of Counsel Law Firm Change on 821210 ML20028B9251982-12-0101 December 1982 Brief Re Admissibility of Yaking Indian Nation Proposed Contention 10.Clarification Needed on Procedural Rule of Commission & Scope of Contention.Certificate of Svc Encl ML20028B8971982-12-0101 December 1982 Request for Production of Documents & Interrogatories,Per 10CFR2.740(b) & 10CFR2.741.Certificate of Svc Encl.Related Correspondence ML20028B2631982-11-26026 November 1982 Limited Appearance Statement.Hanford Site Is Not Part of Yakima Indian Nation Reservation Established by 1855 Treaty. Indian Privilege of Hunting,Gathering Roots & Berries & Grazing Animals Does Not Extend to Hanford Site ML20066L0101982-11-22022 November 1982 Motion to Amend Accepted Contention 3.Proposed Amends Would Conform Contention 3 to Earlier Admitted NRDC Contention on Which Contention 3 Is Partially Based.Certificate of Svc Encl ML20066K9761982-11-22022 November 1982 Motion to Alter Lead Party Designation Established for Contention 3 in ASLB 821102 Memorandum & Order.All Intervenors Concur That NRDC Should Be Designated Lead Party,Since NRDC Demonstrated Greatest Expertise on Issue ML20023A8301982-10-15015 October 1982 Response to 820910 First Set of Production Requests. Certificate of Svc Encl.Related Correspondence ML20023A8141982-10-14014 October 1982 Response to Yakima Indian Nation 820930 Suppl to Petition to Intervene,Containing List of Contentions.Objects to Contentions 4-10.Certificate of Svc Encl ML20027C1591982-10-0606 October 1982 Response to 820917 First Set of Interrogatories ML20063P4011982-10-0606 October 1982 Response to Columbia River Inter-Tribal Fish Commission 820923 Notice of Appeal of ASLB 820903 Memorandum & Order Denying Intervention.Applicants Will Not Oppose Appeal in Order to Maintain Schedule for Proceeding ML20071N3791982-10-0404 October 1982 Response to First Set of Interrogatories.Certificate of Svc Encl ML20065H5481982-09-29029 September 1982 Applicant Response to Coalition for Safe Power 820910 First Set of Interrogatories.Certificate of Svc Encl.Related Correspondence ML20065H5451982-09-29029 September 1982 Supplement to Petition to Intervene,Consisting of Contentions & Bases for Contentions ML20065J1601982-09-28028 September 1982 Responds to Util 820917 First Set of Interrogatories. Certificate of Svc Encl.Related Correspondence ML20069F9491982-09-23023 September 1982 Notice of Appeal of ASLB 820908 Memorandum & Order Denying 820505 Petition to Intervene.Supporting Brief Encl ML20069F9541982-09-23023 September 1982 Memorandum Supporting Appeal of ASLB 820908 Memorandum & Order Denying 820505 Petition to Intervene or Alternatively, to Remand Petition to ASLB for Further Clarification on Question of Standing.Certificate of Svc & Exhibit Encl ML20137F8001982-09-17017 September 1982 Amended Subagreement 2 Between State of Wa Energy Facility Site Evaluation Council & NRC Re Protocol for Conduct of Joint Hearings on Facility Project ML20027B5661982-09-17017 September 1982 Response to First Set of Interrogatories.Certificate of Svc Encl ML20027B5631982-09-17017 September 1982 First Set of Interrogatories ML20027B5571982-09-15015 September 1982 Motion for Extension of Time Until 821004 to Respond to Applicant Interrogatories.Counsel Was Unavailable When Interrogatories Arrived. Certificate of Svc Encl 1983-09-28
[Table view] Category:PLEADINGS
MONTHYEARML20082F7771983-11-23023 November 1983 Motion for Order Approving Encl Withdrawal of Application & Terminating Proceeding ML20080L9431983-09-28028 September 1983 Second Request for Addl Extension Until 840115 to Answer Intervenor Motion for Summary Disposition of Contention 1. Portland General Electric Co Expects to Decide on Plant Termination by End of 1983.Certificate of Svc Encl ML20080G0731983-09-13013 September 1983 Request for Extension Until 831014 to Answer Intervenor Motion for Summary Disposition of Contention 1.Motion May Be Moot If Other Owners Concur W/Util Decision to Terminate Proceeding.Certificate of Svc Encl ML20071Q7201983-06-0303 June 1983 Response Opposing Applicant 830525 Request for Extension Until 830930 to Answer Motion for Summary Disposition of Contention 1.No Good Cause Demonstrated.Certificate of Svc Encl ML20071M0781983-05-25025 May 1983 Request for Extension Until 830930 to Answer NRDC Motion for Summary Disposition of Contention 1.Time Needed to Consider Implications of Final Northwest Conservation Electric Power Plan & Licensing Alternatives.Certificates of Svc Encl ML20023C4571983-05-12012 May 1983 Memorandum of Points & Authorities Supporting Intervenor Motion for Summary Disposition Since Contention 1 No Longer Controversial Issue.Certificate of Svc Encl ML20023C3741983-05-12012 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention 1 ML20023C3691983-05-12012 May 1983 Motion for Summary Disposition of Contention 1 Re Calculation of Demand for Electrical Energy Negating Need for Plant.No Genuine Issue of Matl Fact Exists ML20064N6681983-02-10010 February 1983 Motion to Suspend Health & Safety Prehearing Schedule Pending Adoption of Final Regional Energy Plan or Until Conclusion of Evidentiary Hearings on Need for Power. Applicant Appears Ready to Absorb Facility Costs ML20070T0661983-02-0404 February 1983 Motion for Order Suspending Health & Safety Prehearing Schedule,Pending Adoption of Final Regional Power Plan & Further Order of Aslb.Suspension Would Be in Best Interest of All Concerned.W/Certificate of Svc ML20083N1991983-01-26026 January 1983 Notice of Appeal & Exceptions to ASLB 830118 Memorandum & Order.Memorandum & Order Fails to Recognize Yakima Indian Nation Sovereignty & Treaty Rights Which Are Supreme Law of Land.Affidavit of Svc Encl ML20072A6731983-01-18018 January 1983 Motion for Extension of Time Until 830210 to File Answer to Natl Wildlife Federation/Or Environ Council 830105 Motion to Compel Discovery.Parties Attempting to Settle Matter by Informal Agreement.Certificate of Svc Encl ML20028C9581983-01-0505 January 1983 Memorandum Supporting Natl Wildlife Federation/Or Environ Council 830105 Motion to Compel Discovery.Applicants Misinterpreted 10CFR2.740(b)(1) Relevancy Std.Discovery Requests Are Relevant.W/Certificate of Svc ML20028C9501983-01-0505 January 1983 Motion to Compel Applicants to Respond in Full to Natl Wildlife Federation/Or Environ Council 821201 Interrogatories & Request for Production of Documents ML20070L5411982-12-27027 December 1982 Answer Opposing Yakima Indian Nation 821210 Motion for Reconsideration of ASLB 821029 Memorandum & Order Re Suppl to Petition to Intervene.Aslb Rejection of Contentions 7,8 & 9 Well Founded ML20066L0101982-11-22022 November 1982 Motion to Amend Accepted Contention 3.Proposed Amends Would Conform Contention 3 to Earlier Admitted NRDC Contention on Which Contention 3 Is Partially Based.Certificate of Svc Encl ML20066K9761982-11-22022 November 1982 Motion to Alter Lead Party Designation Established for Contention 3 in ASLB 821102 Memorandum & Order.All Intervenors Concur That NRDC Should Be Designated Lead Party,Since NRDC Demonstrated Greatest Expertise on Issue ML20063P4011982-10-0606 October 1982 Response to Columbia River Inter-Tribal Fish Commission 820923 Notice of Appeal of ASLB 820903 Memorandum & Order Denying Intervention.Applicants Will Not Oppose Appeal in Order to Maintain Schedule for Proceeding ML20069F9541982-09-23023 September 1982 Memorandum Supporting Appeal of ASLB 820908 Memorandum & Order Denying 820505 Petition to Intervene or Alternatively, to Remand Petition to ASLB for Further Clarification on Question of Standing.Certificate of Svc & Exhibit Encl ML20027B5571982-09-15015 September 1982 Motion for Extension of Time Until 821004 to Respond to Applicant Interrogatories.Counsel Was Unavailable When Interrogatories Arrived. Certificate of Svc Encl ML20063M6211982-09-10010 September 1982 Motion for Extension of Time Until 820923 to File Responses to Applicant First Set of Interrogatories.Staff Will Be Absent from Ofc 820911-23.Certificate of Svc Encl.Related Correspondence ML20063M2351982-09-0101 September 1982 Statement of Matl Fact as to Which There Is No Genuine Issue on Coalition for Safe Power Contention 26 ML20063M2291982-09-0101 September 1982 Motion for Summary Disposition of Coalition for Safe Power Contention 26.No Genuine Issue of Matl Fact Exists.Basis for Contention Was PSAR Section 3.10 Which Has Subsequently Been Amended.Related Correspondence ML20063A5051982-08-19019 August 1982 Motion for Leave to Reply to Applicant 820730 Response Opposing Columbia River Inter-Tribal Fish Commission 820716 Motion for Admission of Second Suppl to Petition to Intervene.Question of Standing Raised.W/Certificate of Svc ML20062D5201982-08-0505 August 1982 Response to Columbia River Inter-Tribal Fish Commission 820716 Motion for Admission of Second Suppl to Petition to Intervene.Good Cause Shown for Contention 4.Other Factors Favor Admission of Contention 5.W/Certificate of Svc ML20058D5401982-07-21021 July 1982 Memorandum Supporting Appeal of ASLB 820706 Memorandum & Order.Contentions 3E & 5 Should Be Accepted as Litigatable Issues.Certificate of Svc Encl ML20063H1141982-07-16016 July 1982 Motion for Admission of Second Suppl to Petition to Intervene ML20053D0651982-05-27027 May 1982 Motion for Extension of Time Until 820611 to Answer Coalition for Safe Power 820527 Amended Contentions. Washington co-counsel Has Not Received Contention & Document Is Lengthy.Certificate of Svc Encl ML20052D0561982-04-28028 April 1982 Response Opposing Deposition of MT Dana.Discovery Premature & Does Not Relate to Matters in Controversy.Reasonable Notice Not Given & Allowing Deposition Would Amount to Harassment.W/Certificate of Svc.Related Correspondence ML20054E1511982-04-20020 April 1982 Motion for Extension of Time for Filing Addl Contentions Since Portions of PSAR & Amend 5 to Application for Site Certificate/Environ Rept Received on 820416,4 Days Before Contentions Due ML20005B7061981-08-18018 August 1981 Motion,In Ltr Form,For Order That All Parties Fully Serve All Documents on Coalition for Safe Power & Forelaws on Board,Pending Renoticing & Rulings on Petitions to Intervene.Impractical to Gain Access to Documents at Lpdr ML19332A8871980-09-11011 September 1980 Statement Suggesting That Full Commission Review of Orders & Opinions Below Not Necessary Due to Mootness.Aslb 800827 Order Indicates Proceeding Has Terminated ML19321A6291980-07-16016 July 1980 Motion for Order Evidencing Current Status & Setting Schedule for Further Proceeding.Amend to Application Will Be Filed by 800930.Anticipated Schedule for Environ Rept & PSAR Amends May Be Filed on Same Date.W/Draft Order & Release ML19323J2211980-06-0404 June 1980 Reply Withdrawing 800508 Motion to Dismiss Application. Applicant Response to Motion & Mecca Affidavit Provided Detailed Info Re Applicant 800414 Rept.Progress Rept Must Be Filed by 800601 by Applicant.Certificate of Svc Encl ML19312E9291980-05-23023 May 1980 Reply in Opposition to Skagitonians Concerned About Nuclear Power 800508 Motion to Dismiss Application W/Prejudice Due to Lack of Diligent Pursuit.Applicants Are Engaged in Extensive Program to Locate Suitable Site ML19310A2181980-05-0808 May 1980 Motion to Dismiss Application W/Prejudice.Applicants Took No Steps to Pursue Application Despite Opportunity Given at 800122 Conference to Address Pending Geology & Seismology Issues.Certificate of Svc Encl ML19323A9731980-04-17017 April 1980 Pleading in Lieu of Brief Amicus Curiae Re Untimely Petition of Three Indian Tribes.Urges Admittance of Tribes as Full Parties Except for Fully Addressed Issues Where Serious Gaps in Existing Record Must Be Shown.Certificate of Svc Encl ML19296D5061980-02-22022 February 1980 Response in Opposition to Doi 800215 Motion for Extension Until 800414 to File Brief Amicus Curiae.Motion Filed at Last Day of Permitted Period.Certificate of Svc Encl ML19296C8801980-02-15015 February 1980 Motion for Extension Until 800114 to File Brief Amicus Curiae Re Whether Indian Tribes Status Gives Sufficient Cause for Late Intervention.Nrc Does Not Object to Such Extension.Affidavit & Certificate of Svc Encl ML19296B1471980-02-0101 February 1980 Answer in Opposition to Skagitonians Against Nuclear Power 800122 Motion to Compel Responses to Interrogatories.Motion Untimely & Questions Re Seismic Profile Outside Scope of Proceedings.Certificate of Svc Encl ML19260D5181980-01-21021 January 1980 Motion in Opposition to NRC 791102 Motion to Postpone Hearings on Geology & Seismology Issues.Proposed Evidence Twice Rejected as Inconclusive.Applicants Have Failed to Carry Burden of Proof Re Issues.W/Certificate of Svc ML19262C3001980-01-18018 January 1980 Motion to Compel Applicant Answers to Skagitonians Concerned About Nuclear Power Interrogatories Re San Juan Islands Seismic Profiles.Interpretation of Atomic Energy Act Holds Applicant Liable for Matl False Statements ML19257A3971979-12-12012 December 1979 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 ML19256F8401979-12-0505 December 1979 Reply to Skagitonians Concerned About Nuclear Power 791109 Proposed Findings on Financial Qualifications.Intervenor Adopted short-term View Rather than long-term Considerations Re Inflation Rates & Market Ratios.Certificate of Svc Encl ML19211A1121979-11-30030 November 1979 Reply to Skagitonians Concerned About Nuclear Power 791112 Proposed Findings of Fact.Fes & Fes Final Suppl Addressed Environ Impacts & Whole Population Issues Indiscriminately Certificate of Svc Encl ML19211A1071979-11-30030 November 1979 Reply to NRC 791005 Proposed Findings of Fact.Urges Board to Reject Recommendation 3 Contained in Finding 44,Pages 27-28. Condition Re Environ Evaluation Prior to Commencement of Const Activities Is Not Authorized by NEPA & NRC Rules ML19211A0881979-11-30030 November 1979 Reply in Opposition to Intervenor Forelaws on Board/Citizens for Safe Power Findings of Fact Re Alternative Sites & Postulated Accidents.Certificate of Svc Encl ML19262A7481979-11-20020 November 1979 Response in Opposition to Indian Tribes 791105 Supplemental Petition for ALAB-552 & ALAB-559 Review.Petitioner Failed to Raise Good Cause Re Alleged ASLB Misapplication of Late Intervention Factor.Certificate of Svc Encl ML19291B8911979-11-0909 November 1979 Pleading Re Applicants' Financial Qualifications.Total Cost of Project Exceeds Applicants' Figures.Certificate of Svc Encl ML19260B1681979-11-0808 November 1979 Response in Opposition to Skagitonions Concerned About Nuclear Power 791116 Motion to Direct Certification,Stay Proceedings & Review ASLB Actions.Detriment to Public Interest as Basis for Interlocutory Review Not Established 1983-09-28
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UNITED STATES OF AMERICA f Officeof theSecretsy
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G Occieting & Semes NUCLEAR REGULATORY COMMISSION Branch 6 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD a
In the L.tter of )
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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, et al., ) 50-523
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(Skagit Nuclear Power Project, )
Units 1 and 2) ) January 18, 1979
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SCANP'S MOTION TO COMPEL INSWERS TO INTERROGATORIES TO APPLICANT REGARDING SAN JUAN ISLANDS SEISMIC PROFILES Applicants on December 12, 1979 filed their objection to SCANP'S interrogatories which were served on October 30, 1979.
Applicants' objections are untimaly, sea 10 CFRS 2.7 4 0b (b ) ,
and their objections therefore may not be considered by the Board. In any event, applicants' objections lack merit, and the Board should therefore issue an order compelling appli-cants to answer.
Applicants contend that the interrogatories need not be answered because they do not relate to any matter in contro-versy and thus are outside the scope of discovery permitted by the rules.
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Objection, pp. 1-2. But Applicants object to the interrogatories primarily on the basis that they have made nc. material f alse statements, in order to avoid answering under oath or affirmation questions which, if answered in accordance 1947 2BB
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with the representations made in their objections, might substantiate their assertion that no false statements have been made.
The absence of contentions regarding material false statements is entirely beside the point. SCANP does not assert, or at this time have grounds to believe, that
_
applicants made any material f alse statements prior to the commencement of these proceedings and the filing of SCANP's contentions. But it is curious that applicants' major protestation is not the impropriety of SCANP's interroga-tories, but rather their own innocence. And it is also curious that applicants' consultant, Dr. Dobrin, and appli-cants, were able to obtain several seismic profiles from Western Geophysical in 1975, and commission a study by that firm in 1977, while claiming to be completely unaware of other existing data produced previously by the same firm which might not support the positions asserted by applicants in this proceeding. If applicants truly have nothing to hide regarding the 1971 seismic profiles and applicants' knowledge of their existence and contents, the easiest and most conclusive way to lay to rest any doubts on that score would have been to answer the interrogatories promptly and fully, and to produce publicly all inf ormation avail'o le to applicants regarding these data. For reasons known only to applicants, they have disdained this course of action.
1947 289
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The Commission has insisted in no uncertain terms "that safety is the greatest concern of the Commission, and that in the furtherance of safety the Atomic Energy Act requires complete, truthful, and accurate reporting and disclosures by applicants. See In the matter of Virginia Electric &
Power Company (North Anna Power Station, Units 1 and 2), 4 NhfCI 4 80 ( 1976) . Therefore, the Commission interpreted S186 of the Act, 4 2 U.S.C. S 2236, to hold applicants liable for material false statements made in connection with an appli-cation, even if the statements were made in the belief that they were true, as well as for f ailure to speak regard-ing issues of major importance (i.e., material omissions).
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4 NRCI at 486, 489. The Commission's interpretation was upheld in its entirety by the Fourth Circuit Court of Appeals.
See VEPCO v. USNRC, 571 F.2d 1289, 1291 (1978) (per curiam)
Both the . court and the Commission recognized that if applicants were held to any lesser standard, such applicants might be encouraged to avoid complete investigations and disclosures in order to be certain that their representa-tions were, to the best of their knowledge, tru th f ul . The court and the Commission recognized also that NRC proceedings do not raise the same concerns as are raised in proceedings governed by bodies such as the Securities and Exchange Commission, whose primary concern is maintenance of public confidence in the integrity of commerce. There, the cost of n47 MD
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honest but inaccurate statements is solely economic, in contrast to the possible health and safety consequences of such statements made in connection wtih an NRC licensing proceeding. In the latter, the best guarantee of safety possible must take precedence over the good f aith of an applicant. Accordingly, ander S186 of the Atomic Energy Act applicants are held to a much higher standard than is applicable under S10b-5 of the Securities Act and other acts
- liability for material f alse statements is imposed without demonstrating scienter, and the f ailure to make a material statement when one is appropriate (i.e., a material omis-sion) also is actionable.
In the North Anna case, the parties stipulated that VEPCO believed the statements it made were true when made, and no parties claimed that VEPCO intended to deceive the NRC. 571 F.2d at 1291. But the Commission nevertheless imposed liability and a fine upon VEPCO for f ailing to bring to the Board's attention f acts giving rise to the suspicion that a f ault existed in the vicinity of the North Anna site, and for making statements inconsistent with the suspicion of faulting, strongly emphasizing the need to encourage strict attention to safety matters rather than to tolerate ignorant innocence by exculpating an applicant's material omissions or innocent (but inaccurate) false statements. The accident at Three Mile Island and the manner in which the utility 1947 291
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there responded to the accident and reported to the NRC supports the Commission ~'s policy that timely, tru thf ul, complete, and accurate disclosure is demanded to enable the Commission to assure the highest amount of safety in nuclear facilities.
Applicants state that SCANP has not identified state-ments it believes are material and f alse, and has failed to set forth the basis for its belief that a material f alse statement has -been made. But if Dr. Dobrin, Mr. Adair, or other consultants or employees retained by applicants were aware prior to previous hearings on geology of the existence of the 1971 seismic profiles perf ormed by Western Geophysi-cal, then the number of knowing material f alse statements and omissions made in connection with this application might literally be too great to count. See, e.g., Tr. 9473 (Dr.
Dobrin responding to Board inquiry) (Exhibits represent all the data); Tr. 9469 (Testimony of Dr. Dobrin) (alluding to prior Western Geophysical work); Tr. 9463 (Testimony of Dr.
Dobrin) (admitting prior connections with Mobil Oil Company, which had possession of prior Western Geophysical seismic prof iles ) ; Tr. 9399; Tr. 9385 (Testimony of Dr. Dobrin)
(implying that Western Geophysical's 1977 study for Puget Power was the first study perf ormed by Western Geophysical in this area; statement may be inconsistent with the fact that Western Geophysical did study for Mobil, a fact Dr.
15t47292
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'Dobrin may have known); Tr. 9374 (Testirony of Dr. Dobrin)
(othrer lines contain no evidence of faulting); Tr. 9303 (inquiry from Board soliciting other data from Dr. Dobrin; failure to produce data may be material omission); Tr. 9174 (statement of counsel for applicants) ("All the seismic profiles were provided to each and every party in this proceeding as basic data"); PSAR App. 2G, p. 12 (denying existence of other indications of faulting); Tr. Fol. 840, pp. 5-6, 16-17, 26, 30 (prefiled testimony of Mr. Adair)
(several statements denying existence of data indicating significant faulting); Tr. 1762 (testimony of Dr. Dobrin)
(denying knowledge of data which could conceivably indicate existence of faulting); Tr. 1737 (same); Tr. 1727-29 (Board requests data; counsel for applicants disclaims knowledge regarding availability of seismic reflection data). There are doubtless countless other statements in a similar vein.
Even if the statements cited were made innocently and without knowledge of the existence of the seismic data produced in 1971, they would still be false statements under the Commission's standards, because the Commission has held that knowledge of falsity is not a relevant consideration in determining whether a material false statement has been made. See 571 F.2d at 1291. Under the Commission's North Anna decision, applicants must be held to a higher standard which requires them to seek out actively all information L947 293
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which may be material and relevant to their application, and to disclose that information to the Board. Whether or not applicants failed to obtain and produce the 1971 data at an earlier time is relevant only in considering the penalty that should be imposed. If, as it appears to SCANP from the scant information available, Dr. L Shrin and other consultants to applicants had reason to know of the existence and perhaps the contents of this data prior to testifying in March, 1978, then the penalty which should be imposed upon applicants might be much greater than it would in the absence of such knowledge. Applicants' reluctance to support their claim that they have committed no wrongdoing by af firming under oath what they allege in their objection neither advances the Commission's interest in insuring safety through complete and accurate disclosure, nor does it support applicants' own protest of innocence.
Applicants apparently object to the newspaper reports suggesting that evidence was witheld, but have at no time denied the reports without qualification, and now ref use to of fer sworn statements to substantiate their position. If applicants continue to refuse to address the circumstances regarding the existence and availability of the 1971 seismic profiles, and this Board custains applicant's objection, SCANP and others who are interested in resolving this issue and assuring integrity and safety in NRC proceedings will be 1947 294
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forced to continue to rely upon more remote and possibly less accurate sources of information. As applicants have suggested, reliance on such sources may not aid in uncovering the truth, and does not further the important public and safety inter-ests at issue in this proceeding.
A final comment is necessary regarding applicants' suggestion that the newspaper report of October 25, 1979 was published, "apparently on the basis of SCANP sources. " This intimation is misleading and inappropriate. The seismologist who reviewed the allegedly proprietary seismic profiles on behalf of SCANP had no knowledge of the history of this proceeding, but merely read the date printed on the profiles themselves (1971) and naturally assumed their availability to applicants since that date. Because the data are alleged to be proprietary, other persons more f amiliar with this proceeding, who could have explained the circumstances of its availability to applicants to SCANP's seismologist did not have the opportunity to examine the data. Fewer attempts to shroud the licensing process in secrecy by restricting convenient access to allegedly proprietary data, which data in this case is in fact of little or no commercial value for mi~neral exploration when compared to the amount at stake in this licensing proceeding, would do much to minimize misunder-standings of this sort and facilitate speedier adjudication.
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1947 295
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CONCLUSION Applicants' un6imely objection to SCANP's interroga-tories should not be considered by the Board, and applicants should be directed to furnish prompt answers to the inter-roga tories.
Even if the objections are considered, they have misconstrued the purpose of discovery and f ail to recognize the Commission's insistence on prompt, complete, and accurate disclosures, and are therefore entirely without merit. An appropriate order compelling answers should be entered.
DATED this I b day of January, 1980.
Respectfully submitted, LAW OFFICES OF ROGER M. LEED By _ 'su
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Michael W. Gendler Counsel for Intervenor SCANP
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
$8f
\g D M fg c BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g a' In the Matter of )
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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, e t al . , ) 50-523
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(Skagit Nuclear Power Project, ) January 21, 1980 Units 1 and 2) )
)
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CERTIFICATE OF SERVICE I hereby certify that copies of:
SCANP' S MOTION TO COMPEL ANSWERS TO INTERROGATORIES TO APPLICANT REGARDING SAN JUAN ISLANDS SEISMIC PROFILES and SCANP'S RESPONSE TO STAFF MOTION TO POSTPONE HEARINGS ON GEOLOGY AND SEMISMOLOGY ISSUES dated January 18 and 21,1980 have been served on the fol-lowing by depositing the same in the Un.ted States Mail, postage prepaid, on this 21 st day of January,1980.
Docketing and Service Section Robert Lowenstein, Esq.
Office of the Secretary Lowenstein, Newman, Reis &
U.S . Nuclear Regulatory Axelrad Commission 1025 Connecticut Avenue, N.W.
Washington, D.C. 20555 Washington, D.C. 20036 Nicholas D. Lewis, Chairman James W. Durham, Esc .
Energy Facility Site Evaluation Portland General Electric Co.
Council 121 S.W. Salmon Street 820 East Fifth Avenue TB 17 Olympia, Washington 98504 Portland, Oregon 97204 Richard M. Sandvik, Esq., Canadian Consulate General Assistant Attorney General Peter A. van Brakel Department of Justice Vice-Consul 500 Pacific Building 412 Plaza 600 5 20 S . W. Yamhill _6th and Stewart Street Portland, Oregon 97204 Seattle, Washington 98101 1947 297
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f Alan P. O' Kelly Paine, Lowe, Coffin, Herman
& O' Kelly 1400 Washington Trust Financial Center Spokane, Washington 99204 Russel W. Busch Evergreen Legal Services 520 Smith Tower Seattle, Washington 98104 Thomas Moser Deputy Prosecuting Attorney Skagit County Courthouse Mt. Vernon, Washington 98273 Warren Hastings Portland General Electric Co.
121 S.W. Salmon Street TB 13 Portland, Oregon 97204 DATED: '/, MN
/
ROGER M.sLEED By
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Certificate - 2 -
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1947 298
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