|
---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20039B5361981-12-16016 December 1981 Response to ASLB 811210 Order.Lists Preconst Activities Taken at Proposed Site.Certificate of Svc Encl ML20058M0481981-11-16016 November 1981 Order Granting Partial Initial Decision Vacated on Ground of Mootness ML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2851981-09-14014 September 1981 Detailed Statement of Commonwealth of Ma TMI-related Contentions.Certificate of Svc Encl.Related Correspondence ML20010H2401981-09-14014 September 1981 Confirms That ASLB Need Not Rule on Motion for Protective Order Re Commonwealth of Ma 810814 Notice of Deposition. Applicant Production of Documents Obviates Need for Deposition.Certificate of Svc Encl.Related Correspondence ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20010H2831981-09-14014 September 1981 Conditional Notice of Withdrawal of Listed Portions of 810821 Emergency Planning Contentions.Withdrawal Conditional on Incorporation of Revised Evaucation Study in Psar.W/ Certificate of Svc.Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20010G5081981-09-0808 September 1981 Response to Commonwealth of Ma First Set of Document Requests Re TMI Issues.Certificate of Svc Encl ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20005B9251981-09-0101 September 1981 Response to NRC First Set of Interrogatories Directed to Commonwealth of Ma.Certificate of Svc Encl.Related Correspondence ML20005B9331981-08-28028 August 1981 Supplemental Response to First Set of Interrogatories Re Emergency Planning in Compliance W/Aslb 810820 Ruling on Discovery.Certificate of Svc Encl.Related Correspondence ML20005B9301981-08-28028 August 1981 Response to First Set of Interrogatories Re TMI Issues, App B to NUREG-0718.Related Correspondence ML20010C9041981-08-17017 August 1981 Responses to Applicants' Interrogatories Re Emergency Planning & TMI-2 Related Issues.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010D1721981-08-14014 August 1981 Response to Commonwealth of Ma Second Set of Interrogatories Re Emergency Planning.Protective Order Re Production & Identification of Repts Prepared by Hmm Associates Should Be Granted.Certificate of Svc Encl.Related Correspondence ML20010C8401981-08-14014 August 1981 Notice of 810904 Depositions of Rh Cunningham,Rj Merlino & Util Employee W/Described Knowledge.Existence,Methodology & Results of Studies Re 10 & 30-mile Evacuation Radius to Be Addressed.W/Certificate of Svc.Related Correspondence ML20010C8451981-08-14014 August 1981 Notice of 810902 Deposition of Persons Designated by NRC to Have Knowledge of Methodology & Results of Analysis of Accident Consequences & Feasibility of Protective Actions. W/Certificate of Svc.Related Correspondence ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C5951981-08-14014 August 1981 Request for Production of Documents Directed to NRC Re TMI-2.Certificate of Svc Encl.Related Correspondence ML20010C5801981-08-14014 August 1981 Interrogatories Directed to NRC Re Emergency Planning & TMI-2 Related Issues.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010B2031981-08-0505 August 1981 Second Set of Requests for Production of Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010B3071981-08-0505 August 1981 Second Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20010A8861981-08-0404 August 1981 Second Set of Interrogatories Directed to Util Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8881981-08-0404 August 1981 Second Set of Requests for Production of Documents Directed to Util Re Emergency Planning.Certificate of Svc Encl. Related Correspondence ML20010A8811981-08-0404 August 1981 Response to Commonwealth of Ma Request for Production of Documents (First Set).Objects to Certain Requests as Overly Broad & Burdensome.Certificate of Svc Encl.Related Correspondence ML20009F8361981-07-27027 July 1981 Interrogatories Directed to Commonwealth of Ma Re Emergency Planning & TMI-related Issues.Certificate of Svc Encl. Related Correspondence ML20009F8511981-07-24024 July 1981 Application for Subpoena Directed to Argonne National Computer Ctr to Produce Any Software or Document Containing or Describing Mod or Improvement to Crac Code Since Development.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20005B9541981-07-20020 July 1981 Response to Commonwealth of Ma First Set of Interrogatories Re Emergency Planning.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005B4011981-07-0101 July 1981 First Set of Requests for Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B4001981-07-0101 July 1981 First Set of Interrogatories Directed to Applicant Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3981981-07-0101 July 1981 First Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3791981-07-0101 July 1981 First Set of Requests for Production of Documents Re Emergency Planning Directed to Util.Certificate of Svc Encl.Related Correspondence ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20005A4361981-06-17017 June 1981 Brief in Opposition to Exceptions Taken by Intervenors Ma Wildlife Federation,Commonwealth of Ma & AR & MW Cleeton Re ASLB 810202 Partial Initial decision,LBP-81-3.Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6071981-05-21021 May 1981 Brief Supporting Exceptions to ASLB Partial Initial Decision Findings of Fact & Conclusions of Law on All Matters Except Emergency Planning & TMI-2 Related Issues.Constitutionality of Regulation Should Be Decided.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20004B6481981-05-19019 May 1981 Brief in Support of Exceptions 1,2 & 6 to ASLB 810202 Partial Initial Decisions.Decision Should Be Reversed & Matter Remanded for Further Considerations of Class 9 Accidents.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl 1981-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl ML20003D1861981-03-0505 March 1981 Request for Order Setting Time Period for Filing Brief in Opposition to Exceptions to Partial Initial Decision.Date Should Run from Filing of Last Brief in Support of Exceptions.Granted for ASLAB,810309 ML20003D2181981-03-0505 March 1981 Request for Order That Time Frame for Applicants to File Brief Opposing Exceptions from Partial Initial Decision Will Run from Date Last Supporting Brief Was Filed.One Brief Will Respond to All Exceptions.W/Certificate of Svc ML19350A2901981-03-0202 March 1981 Response to ASLB 810219 Order,Notifying ASLB That Applicant Can Be Ready to Proceed W/Remaining Emergency Planning Hearings After NRC Files Ser.Certificate of Svc Encl ML19341D4681981-02-25025 February 1981 Appeal & Exceptions to ASLB 810202 Partial Initial Decision. ASLB Erred in Considering Benefits Vs Costs Before Evidentiary Hearing & in Not Determining Effect of Unsolved Generic Matters on CP Issuance.W/Certificate of Svc ML20003C1231981-02-18018 February 1981 Appeal & Exception to ASLB 810202 Partial Initial Decision. Board Erred in Concluding Suitability of Site from Geographic & Population Viewpoints & That Population Density Is within Established Guidelines.Certificate of Svc Encl ML20003C3251981-02-18018 February 1981 Exceptions to Partial Initial Decision & ASLB 780714 Order. Exceptions:Aslb Denied Petitioner Opportunity to Litigate Cost/Benefit Analysis & Requirement to Install Addl Radwaste Filtration & Containment Sys.Certificate of Svc Encl ML19338E1861980-09-18018 September 1980 Response Stating No Objection W/O Concurring in State of Ma Motion to Suppl Hearing Record on Need for Power Re Energy & Peak Demand Forecasts.Reserves Right to Oppose Future Attempts to Reopen Record.Certificate of Svc Encl ML19332A0351980-09-0303 September 1980 Motion to Include Latest Util 10-yr Energy & Peak Demand Forecasts in 790718 Hearings Re Need for Power.Urges Opportunity to Suppl Findings of Fact by All Parties Re Decline in Growth Rates.Certificate of Svc Encl ML19296B9811980-02-0909 February 1980 Statement in Response to ASLB 800117 Order Requesting Views Re Whether Emergency Planning Is Proper Issue in Proceeding. Urges Dismissal of Issue Due to Development of Present Emergency Planning Rulemaking ML19294B7241980-02-0707 February 1980 Statement in Response to ASLB 800117 Order Re Emergency Planning as Proper Issue in Proceeding.Issue Must Be Litigated Prior to CP Issuance.Psar & NRC Safety Evaluation Must Be Issued Prior to Hearing.Certificate of Svc Encl ML19305B0361980-02-0101 February 1980 Response to ASLB 800118 Order Requesting Statements Re Emergency Planning.Issue Must Include Boston,Providence, Cape Cod & Franklin,Ma Metropolitan Areas.Urges Transport of Spent Fuel by Barge to Sc.Certificate of Svc Encl ML19211A8081979-12-0505 December 1979 Reply in Opposition to Intervenor State of Ma 791105 Proposed Findings of Fact & Conclusions of Law.Number of Conceptual Legal & Factual Errors Prevade Certain Findings on Applicant Financial Qualifications & Other Issues ML19253C9271979-11-30030 November 1979 Objects to ASLB 780714 Order in Lieu of Requests for Findings of Fact & Conclusions of Law.Application of App 1 to Proceeding Violates Procedural & Substantive Rights. Certificate of Svc Encl ML19256E1821979-09-26026 September 1979 Response to NRC Motion to Defer Emergency Planning Issue. Supports Part of Motion Requesting Establishment of Schedule for Filing Proposed Findings Re Completed Issues ML19254F2211979-09-25025 September 1979 Memorandum in Opposition to Dismissal of Commonwealth of Ma Emergency Planning Contention Addressed During 790910 Conference Telcon.Urges ASLB Defer Next Hearings Until New Regulations Issued.Certificate of Svc Encl ML19209B2131979-08-24024 August 1979 Application for Subpoenas to Be Issued to Ma Dept of Public Health & to Ma Civil Defense Agency & Ofc of Emergency Preparedness for Attendance at 791001 Hearings on Util CP Application.Ltr Re Facility Monitoring Sys Agreement Encl ML19209B8851979-07-27027 July 1979 Motion to Defer Evidentiary Hearings on Emergency Planning & Class 9 Accidents,Scheduled to Begin on 790827.Concerned That Topics of Hearings Will Be Given Only Superficial Attention.Certificate of Svc Encl ML19208D6121979-07-27027 July 1979 Motion for Extension Until 790907 to File J Beyea Written Testimony & to Schedule Witness Appearance on or After 790921.J Beyea,Nuclear Physicist at Princeton Univ,Is Presently Committed to Finish Study on TMI-2 Accident ML19207B9651979-07-16016 July 1979 Motion to Schedule Testimony of Weiner,Legrow,Bourcier & Bartsow of Boston Edison & Chernick & Geller of Commonwealth of Ma.Date Should Be No Sooner than 790723. Certificate of Svc Encl ML19246C3691979-06-29029 June 1979 Second Motion Submitted by Util That ASLB Take Official Notice of Certain State Statutes,Court Decisions & Documents from States of Vt,Nh,Ri & Ct.Certificate of Svc Encl ML19256B4821979-06-26026 June 1979 Boston Edison Motion for Protective Orders & Objections to Commonwealth of Ma Interrogatories 33,34,35(d) & 39-41 Re Need for Power Issue ML19246C0021979-06-22022 June 1979 Boston Edison Motion for Extension Until 790709 to Answer Commonwealth of Ma Interrogatories Re Need for Power Issue ML19246C0211979-06-11011 June 1979 Boston Edison Motion to Take Official Notice of Certain State Statutes Court Decisions of Nh,Ct,Vt & Ri.Certificate of Svc Encl ML19225A3081979-06-0808 June 1979 Boston Edison Memo in Support of Admission of Expert Opinion Evidence in Proceeding ML19225A2951979-06-0707 June 1979 Commonwealth of Ma Objections to Admission of Boston Edison 780802 Legal Opinions During 790611 Hearing.Certificate of Svc Encl ML19246B8671979-06-0707 June 1979 Commonwealth of Ma Interrogatories Directed to NRC Re Need for Power Issue.Certificate of Svc Encl ML19246B0341979-06-0101 June 1979 Ma Governor Ofc of Energy Resources Support of 790524 Petition to Participate as Interested State Agency Or,In Alternative,To Make Limited Appearance.Certificate of Svc Encl ML19225A1001979-06-0101 June 1979 Response of Intervenor Cleetons in Opposition to Ma Ofc of Energy Resources 790524 Petition for Leave to Participate as Interested State Agency.Certificate of Svc Encl ML19224D2241979-06-0101 June 1979 Commonwealth of Ma Response to Ma Governor Ofc of Energy Resources Petition to Participate as Interested State Agency in Proceeding.Expresses Some Remarks,But Does Not Object Participation.Certificate of Svc Encl ML19246B6871979-06-0101 June 1979 Boston Edison Response to Ma Ofc of Energy Resources 790523 Petition to Participate as Interested State Agency. Petitioners Participation Is Encouraged & Appropriate as Matter of Policy.Certificate of Svc Encl 1981-09-09
[Table view] |
Text
_
4 %.
~ ,
s
- (6--
- fUL 29 gggy , f*
\'
7 UNITED STATES OF AMERICA Citic3 N M 't a S c!th N34 9 shf NUCLEAR REG LATORY COMMISSION b
Before the Atomic Safety and Licensino Boa G #
7[AN N In the Matter of:
c'\[y1 U We f';s
)' .q\
x >y- c.
]t, x BOSTON EDISON COMPANY, et al [ ] M Docket No. 50-471 (Pilgrim Nuclear Generating f -
g'4 JUL l; 1 }981 > M Station, Unit 2) , 7 -
Y u.s,uxtra aikwoes ,h g{D[Q\ { 4/k MOTION OF THE COMMONWEALTH OF MASSACHUSETTS TO COMPEL ANSWERS TO ITS FIRST SET OF INTERROGATORIES TO BOSTON EDISON COMPANY RE~ ATIVE TO EMERGENCY PLANNING At the prehearing conf erence on July 1, 1981, the Commonwealth filed its First Set of Interrogatories to Boston Edison Company Relative to Emergency Planning. Boston Edison Co. [ hereinafter, "the Appli. cant") , -af ter obtaining by agreement of the Commonwealth an extension of its response period, served its Response to these interrogatories on July 21, 1981.
c I While the Applicant has provided reasonably complete and responsive answers to most of the Commonwealth's interrogatories, it has obj ected to a few of those interrogatories on the grounds of irrelevancy. The questions to which the Applicant has objected are probably the most relevant cuestions asked. For t '. . a t reason, and for the reasons 8108030097 810724
{DRADOCK 05000471 /y l )
PDR
_2_
outlined below with respect to particular ir errogatories, the Commonwealth hereby moves pursuant to 10 C.F.R. 52. 740 (f ) that the Applicant be compelled to answer those interrogatories to which it has objected and those interrogatories to which it has provided incomplete or evasive responses.
The Commonwealth notes that, as of t' e date of this writing, the Applicant has not to its knowledge filed a Motion for a Protective Order pursuant to 10 C.F.R. $ 2.740 (c) with respect to those interrogatories which it found objectionable.
l If the Board has not received such a Motion by the time it acts hereon it must grant this Motion to Compel in its entirety. As 10 C.F.R. 52. 740 (f) (1) states, "[f]ailure to answer or respond
[to an interrogatory] shall not be excused on the ground that the discovery sought is objectionable unless the person or party failing to answer or r'spond e has applied for a protective order pursuant to. paragraph (c) of this section.
Interrogatories No. 3 and No. 4 The Commonwealth. asks in these interrogatories whether the Applicant has conducted any accident consequence analyses for, or having relevance to, the Pilgrim site and, if so, what the results were of any such analyses. The Applicant has refused to answer on the grounds of irrelevancy.
The Commonwealth could not have asked a question which is more relevant to this proceeding on emergency planning at ,
Pilgrim II. The Commonwealth's contention places into issue
both the feasibility of emergency measures at the Pilgrim site and the adequacy of the Applicant's preliminary plans i therefor. If the Applicant has conducted any accident consequence analyses, the results of said analyses are relevant to both the area within which emergency measures must be planned and the feasibility of effectuating evacuation or other emergency actions within that area. If the Applicant has not conducted such an analysis, that fact is relevant to the manner in which it has arrived at its proposed boundaries for emergency planning zones at Pilgrim.
These issues are directly raised by the Commonwealth's contention and by the Commission's own rules on emergency planning, which provide that the size and configuration of emergency planning zones and the feasibility of taking protective action therein must be determined at the construction permit stage and on a site-specific basis. Thus, 10 C.F.R., Appendix E provides that "[t]he size of the EPZs for a nuclear power plant shall be determined in relation to local emergency response needs and capabilities as they are affected by such conditions as demography, topography, land characteristics, access routes, and jurisdictional boundaries." And, with respect to the standard of review to be applied to PSAR's, it states The Preliminary Safety Analysis Report shall contain sufficient information to ensure the_ compatibility of proposed emergency plans for both onsite areas and the EPZs, with facility design features, site layout,
_4_
and site location with respect to such considerations as access routes, surrounding population distributions, land use, and local jurisdictional boundaries for the EPZs . . ."
Through its Interrogatories No. 3 and 4 the Commonwealth seeks to learn whether the Applicant has considered these site-specific features in arriving at its propose.d EPZs, as required by the Commission's rules and, if so, whether the results of its analyses support its proposed boundaries. The Commonwealth is at a loss to understand the Applicant's rationale for withholding any such information from public view.
Finally, the Commonwealth notes that the Staff has answered the Commonwealth's Interrogatories No. 6 and 7 to it, which ask whether the Staff has conducted any acci: ent consequence analyses for the Pilgrim site and, if 3, with what e-3ults. Were the subject matter of these questions irrelevant to this proceeding , the Staf f would assuredly have obj ected thereto.
Interrocatory No. 5 The Applicant has answered this question and stated no obj ections thereto. However , it has f ailed to disclose , as requested in the interrogatory, assumptions made with respect to an acceptable level of risk to the evacuating population.
This request goes to the very heart of the Commonwealth's contention with respect to feasibility, since any judgment that evacuation can be safely accomplished necessarily entails a judgment as to the level of safety required , or the meaning of
the word " safely" in this context. It is this underlying judgment which the Commonwealth seeks to discover and asks this Board to compel.
Interrogatory No. 6 Again, the Applicant has provided an incomplete answer to this interrogatory, despite its lack of objection thereto. The Applicant's answer indicates a belief that protective action (s) could be required outside the plume exposure pathway EPZ dra'wn in t.1e PSAR, althouch in the Applicant's opinien such a need is unlikely. And yet the Applicant has failed to indicate, as requested, those areas and circumstances in which protective action (s) might be required , the amount of time which would be available f rom the initiation of the event (s) necessitating the protective action (s) before the particular action (s) would have to commence and be f ully implemented, or its assumptions as to an acemstable level of risk to the public.
The Commonwealth asks this Board to compel a complete and responsive answer to this question so that it nay fully J
understand the Applicent's position with respect to the area l
within which emergency planning must take place. As the recent
- i. decision of the Atomic Saf ety and Licensing Appeal Board confirms, the Commonwealth is entitled to liberal discovery of the position o' the Applicant on any issue which is so f undamental to its emergency planning contentica as the proper area within which such planning need occur. South Carolina t
. _ _ . _ _ . _ = _ _ _ _ _--
j - .
i
- Electric and Gas Comoany, et al. (Virgil C. Summer Nuclear Stacien, Unit 1) [1981} 2 NUCLEAR REGULATION REPORTER (CCH) 530,591, at 29, 793.
Interrocatory 1.:. 26 i
The Applicant has objected to providing the results of its analyses of evacuation times at Pilgrim to the extent those results involve areas outside the Applicant's proposed plume exposure pathway EPZ. It has protided no bases for its objection. Any such results are clearly relevant to the ;
' Commonwealth's contention, since they reflect on the i feasibility of evacuating the population surrounding the Pilgrim site. While the Applicant may feel that evacuation need not be planned or its feasibility studied in an area greater that its proposed plume exposure pathway EPZ, that question remains to be settled, at least in the f'~st instance, by this Board. As we discussed above, the Commission's
regulations require that the Board determine the appropriate area within which planning must take place and feasibility must be determined for any particular plant in the course of the construction permit proceeding ar.d on the basis of site-specific factors. The complete results of the Applicant's study of evacuation at the Pilgrim site are clearly relevant to whether the Applicant and Staff have correctly determined the apprcpriate planning zone and corrcetly assessed the feasibility of taking protective actins within that zone.
,w - --
y.-* .---y59- ---ee g w~ w. . - - - _ - _% + -s - - -..
_7 Interrogatory No. 30 The Applicant indicates, in its answer to this interrogatory, that it is attaching to the response a copy of a letter from the NRC Staff dated July 2, 1980. That letter has, in fact, not been attached to the response. The Commonwealth asks that it be provided.
Interrogatory No. 35 The Commonwealth moves to compel a response to this interrogatory, relating to the means for notification of the public which currently exist at the Pilgrim site. Contrary to the Applicant's assertion, the means which exist for notifying
)
the public are relevant at the construction permit stage, for 10 C.F.R. 50, Appendix E, Section II specifically provides that the means by which "the public is to be notified and instructed" of the need for protective action be outlined in the Applicant's PSAR.
1 Interrogatory No. 43 l
The Applicant has not objected to this interrogatory, but 1
i has nonetheless provided an incomplete and evasive answer. It has failed to identify, as requested, the particular localities
and agencies thereof which reviewed its evacuation study as required by NUREG-0654 or to describe the nature of the
! comments received from state and local officials. The Commonwealth asks the Board to compel a complete response so that it may be advised as to the extent of review which has i
i l
i
_a_
taken place and the extent to which respc asible of ficials agree with the results of the study.
Interrogatory No. 58 The Applicant has made no objection to this interrogatory, but has nonetheless given an unresponsive answer. The Commonwealth asked to know every individual who helped prepare Amendments 40 and 41 to the PSAR and the Applicant has expressly named only the " principal authors" ther?cf. While the Commonwealth is not seeking the names of clerical personnel who assisted in the preparation of the Amendments, it does wish to know every author thereof and e.very officer, director or employee of the Applicant or HMM Associates, Inc., who contributed to the substance of these Amendments regarding emergency planning. Accordingly , the Commonwealth asks the Board to compel a more complete answer to this interrogatory.
Respectfully submitted,
=- -
% - kf O ANN SHOTWELL Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 Dated: '
e2 f-( / 7 T /
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
)
BOSTON EDISON COMPANY et al. ) Docket No. 50-471 (Pilgrim Nuclear Generating )
Station, Unit 2) )
)
)
CERTIFICATE OF SERVICE I hereby certify that the within Motion has been served on the following by deposit of copies thereof in the United States Mail, first class mail, postage prepaid this 24th day of July,1981:
Andrew C. Goodhope, Esq. Henry Herrman , Esq.
Chairman Room 1045 Atomic Safety and 50 Congress Street Licensing Board Boston, Massachusetts 02109 3320 Estelle Terrace Wheaton, Maryland 20906 'Mr . & Mrs. Alan R. Cleeton 22 Mackintosh Street Dr. A. Dixon Callihan Franklin, Massachusetts 02038 Union Carbide Corporation P.O. Box Y William S. Abbot, Esq.
Oak Ridge, Tennessee 37830 Suite 925 50 Congress Street Dr. Richard F. Cole Boston, Massachusetts 02109 Atomic Safety and Licensing Board Thomas G. Dignan, Jr., Esq.
U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Washington, D.C. 20555 Boston, Massachusetts 02110 Patrick J. Kenny, Esq. Atomic Safety and Licensing Edward.L. Selgrade, Esq. Appeal Board Deputy Director U.S. Nuclear Regulatory Mass. Office of Energy Commission Resources Washington, D.C. 20555 1
73 Tremont Street Bos ton , Massachuset ts 2108
Atomic Safety and Licensing Office of the Secretary Board Panel Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chief Librarian Jack R. Goldberg Plymouth Public Library Office of the Executive North Street 02360 Legal Director Plymouth, Massachusetts U.S. Nuclear Regulatory Commission William S. Stowe, Esquire Was hing ton , D .C. 20555 Boston Edison Company 800 Boylston Street Thomas S. Moore , Chairman Boston, Massachusetts 02199 Atomic Safety and Licensing Appeal Board Francis S. Wright, Esquire U.S. Nuclear Regulatory Berman & Lewenberg Commission 211 Congress St.
Washington, D.C. 20555 Boston, Massachusetts 02110 Christine N. Kohl, Esquire Dr. John H. Buck Atomic Safety and Licensing Atomic Saf ety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Stephen H. Lewis R. K. Gad III U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Office of the Executive Boston, Massachusetts 02110 Legal Director Washington, D.C. 20555 h^
ff Ann Shotwell
%ssistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 l (617) 727-2265
(
l