ML19253C143

First Set of Interrogatories Directed to Citizens Concerned About Nuclear Power.Requests Production of Documents by 791221,per ASLB 790803 Order.Demands Identification of Util Employees Accused of Falsifying Const Record.W/Certificate

ML19253C143
Person / Time
Site:	South Texas
Issue date:	11/05/1979
From:	Newman J, Schwarz M BAKER & BOTTS, HOUSTON LIGHTING & POWER CO.
To:	Citizens Concerned About Nuclear Power, INC.
References
NUDOCS 7911300040
Download: ML19253C143 (19)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF S 5

HOUSTON LIGHTING & POWER $ DOCKET NOS. STN-498 OL COMPANY, ET AL. 5 STN-499 OL 6

(South Texas Project S Units 1 and 2) 5 FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY, ET AL.,

APPLICANTS, TO CITIZENS CONCERNED ABOUT NUCLEAR POWER Preface Pursuant to Section 2.740b and 2.741 of the Commis-sion's Rules of Practice, Houston Lighting & Power Company, Project Manager of the South Texas Project, acting on behalf of itself and the other Applicants, the City of San Antonio, Texas, acting by and through the City Public Service Board of the City of San Antonio, Central Power and Light Company and the City of Austin, Texas (hereinafter " Applicants"), pro-pounds the following Interrogatories and Requests for Produc-tion of Documents to Citizens Concerned About Nuclear Power (hereinafter "CCANP" or "Intervenor").

I.

Instructions

1. Each interrogatory must be answered separately and fully in writing under oath or affirmation by the person or 7911300 .

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persons making them, and each document requested must be produced, on or before December 21, 1979, in accordance with the Atomic Safety and Licensing Board's Memorandum and Order of August 3, 1979.

2. As used herein the singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun so used, and vice versa; in similar fashion, the use of the masculine form of a pronoun shall be considered to also include within its meaning the feminine form of the pronoun so used, and vice versa; und in a similar fashion, the use of tense of any verb shall be considered to also include within its meaning all other tenses of the verb so used.

3. These interrogatories shall be deemed continuing, so as to require additional answers if after answering such interrogatories CCANP obtains information upon the basis of which it knows a response was incorrect when made, or it knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

4. In your answer, please repeat each interrogatory set forth herein and then set forth the answer thereto separately and fully. As to any interrogatory, section, part, sub-section or sub-part of said interrogatory that you 1442 217 refuse to answer for any reason, separately state the grounds for any such refusal. Where a complete answer to a particular interrogatory, section, part, sub-section or sub-part of said interrogatory is not possible, such inter-rogatory, section, part, sub-section or sub-part of said interrogatory should be answered to the extent possible and a statement made indicating the reason for the partial answer.

5. If any response is withheld, in whole or in part, for any reason, including but not limited to any claim of privilege, confidentiality or trade secret, set forth the basis upon which such response is withheld, and include in such explanation a statement of what is being withheld, the whereabouts of all documents referring expressly to whatever response is being withheld, and the identity of all persons who have seen any documents being withheld or have knowledge of the matters being withheld.

II.

Definitions The following definitions and instructions shall apply to these Interrogatories:

1. The words " identify," " identity" or " identification" when used in reference to a natural person means to state his full name and present or last known address, his present or last known position in business affiliation, and each of his positions during the relevant period; when used in reference to a business entity, means to state the name, address and any account or computer number to which such entity is referred to in your records; when used in reference to a document, means to state the type of document (i.e.,

letter, memorandum, chart, sound production, report, computer input or output, etc.), the location where it is maintained, all identifying marks and codes, the addressee, the document date, author, and persons to whom copies were sent or persons initiating or reading or approving the document and the name of each of the present custodians of the document. If any such document was, but is no longer in your possession or subject to your control, or in existence, state whether it is (1) missing or lost, (2) has been destroyed, (3) has been transferred, voluntarily or involuntarily, to others, or (4) otherwise disposed of, and in each instance, explain the circumstances surrounding an authorization for such disposi-tion thereof and state the date or approximate date thereof.

2. The terms " document (s)" or " documentation" mean and include every writing or record of any type and descrip-tion that is in your possession, control or custody or your attorney's possession, control or custody as of the date of filing your answers to these interrogatories, including, but 1A42 219 not limited to, correspondence, memoranda, stenographic or handwritten notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, voice recordings, reports, surveys, statistical compilations, work papers, or any other writing or recording of any kind.

The term " document" also includes every copy of a writing or record where ruch copy contains any commentary or notation of any kind that does no'. uppear on the original or on any other copy. Without limitation of the term " control," a document is deemed to be within your control if you have ownership, possession, or custody of the document or a copy thereof, or the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.

3. " Studies" means all analyses of every type, including but not limited to, evaluations, reports, research, examina-tions, abstracts, criticisms, calculations, tabulations, compilations, compendiums, surveys, books, essays, monographs, and all other investigations, published or unpublished.

4. " Relating to" means relating to in any way and includ:s the documents which are the subject of the request (e.g. " relating to a study" includes the study itrclf). Re-quests concerning a study or basis should be understood to include all input considered and all possible outcomes with 1442 220

respect to such study or basis. For example, requests for documents relating to engineering studies would include all data compiled but not used and all results considered but rejected.

III.

Interrogatories A. Contention 1 (as accepted by the Licensing Board).

Paragraph 1

1. Identify specifically each document you rely upon to support your assertion in Paragraph 1 of Contention 1 that the South Texas Project Unit 2 Mechanical Electrical Auxiliary Building is being constructed one foot from its design location; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any written documents, or if you rely upon information in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

2. Explain precisely how this asserted surveying error violates the provisions of 10 CFR Part 50, Appendix B, Sections X and XI.

1442 221 Paragraph 2

3. Identify specifically each document you rely upon to support the assertion that because of " field construction error . . . extensive voids exist in the concrete wall enclosing the STP containment buildini'; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission.

If you do not rely upon any written documents, or if you rely upon information in addition to written documents, identify tne source of your information which provides the basis for this assertion and describe such information.

4. Identify the field construction error (or if more than one, each such field construction error) which you assert has resulted in " extensive voids" in the concrete; and describe precisely each field construction error (or errors) which you identify has resulted in " extensive voids" in the concrete.

5. Explain precisely how the construction errors asserted in Paragraph 2 of Contention 1 violate the provisions of 10 CFR Part 50, Appendix B, Sections IX and X.

Paragraph 3

6. Identify specifically what documents you rely upon to support the assertion that a " field document relating to 1AA2 222 cadweld inspections has been lost"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission.

If you do not rely upon any written documents, or if you rely on infermation in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

7. Identify specifically, including title, date and subject matter, the particular " field document relating to cadweld inspections" which you assert has been lost.

8. Explain precisely how loss of the " field document" to which you refer violates the provisions of 10 CFR Part 50, Appendix B, Sections VI and XVII.

Paragraph 4

9. Identify specifically what documents you rely upon to support your assertion that " membrane seals in the contain-ment structure" have been " damaged"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission.

If you do not rely upon any written documents, or if you rely on information in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

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10. Identify and describe the "membranc seals" which you assert have been damaged. Describe the ' damage" which you assert has occurred to these " membrane seals", and identify in which containment structure these " membrane seals" are located.

11. Explain precisely how the damage to tha " membrane seals" to which you refer violates the provisions or 10 CFR Part 50, Appendix B, Sections X  :"1 and XVI.

Paragraph 5

12. Identify specifically the lonation of the " equip-ment doors" around which you assert that " steel reinforcem 't bars are missing" and identify in which containment these

" equipment doors" are located.

13. Identify in which of the " containment structures,"

and specifically where in the identified " containment struc-ture" you assert that steel reinforcement bars are missing.

14. Identify the documents you rely upon to support your assertion that " steel reinforcement bars . . . are missing from around the equipment doors in the containment and such bars are missing from the containment structure as well"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any writtep 1442 224

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documents, or if you rely on information in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

15. Explain precisely how the missing steel reinforce-ment bars to which you refer violate 10 CFR Part 50, Appendix B, Sections X, XV and XVI.

Paragraph 6

16. Identify the documents you rely upon to support the assertion that "cadwelds which have been integrated into parts of the plant structure which are not capable of being verified with regard to compliance with 10 CFR Part 50, Appendix B"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any written documents, or if you rely on information in addition to written documents, identify the source of your information wnich provides the basis for this assertion and describe such information.

17. Identify specifically where in the " plant structure" you allege that cadwelds have been integrated but are not capable of being verified with regard to compliance with 10 CFR Part 50; and explain precisely why the cadwelds to which you refer are not capable of being verified.

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18. Explain precisely how the circumstances asserted in this paragraph constitute violations of the provisions of 10 CFR Part 50, Appendix B, Sections IX and X.

Paragraph 7a

19. Identify the documents you rely upon to support the assertion that "[e]fforts by quality control inspectors to verify that design changes were executed in accordance with the purposes of the original design were repeatedly and systematically thwarted"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any written documents, or if you rely on information in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

20. Identify each " quality control inspector" who you assert was thwarted in his efforts to verify design changes.

Describe the circumstances of each such incident, giving the date of each such incident and identification of all of the individuals known to you to have been involved in such incident.

21. Explain what is meant by the phrase, " design changes . . . were executed in accordance with the purposes 1442 226 of the original design"; and identify the " design changes" which were involved in the incidents identified in response to the immediately preceding Interrogatory A.20.

22. Do you contend that " quality control inspectors" are responsible for verifying that design changes conform to the purposes of the original design?

23. Do you contend that design changes must conform to the purposes of the original design?

24. Explain in what respects the provisions of Sec-tions III and IX of 10 CFR Part 50, Appendix B are violated by the assertion set forth in Paragraph 7a of Contention 1.

Paragraph 7b

25. Identify the documents you rely upon to support the assertion that "[t]here were personnel other than the original designer approving design changes with no first hand knowledge of the purpose of the original design"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any written documents, or if you rely on information in addition to written documents, identify the source of your informatirn which provides the basis for this assertion and describe such information.

26. Identify the " personnel" who approved " design changes with no first hand Pnowledge of the purpose of the 1442 227 original design." Describe the circumstances of each such incident, giving the dates, identifying each such design change and the identification of all of the individuals known to you to have been involved in such incident.

27. Do you contend that design changes can be made only by personnel having "first hand knowledge of the purpose of the original design?"

28. Explain in what respects the provisions of Sec-tions III and IX of 10 CFR Part 50, Appendix B are violated by the circumstances set forth in Paragraph 7b of Contention 1.

Paragraph 7c

29. Identify each " design change" which was " approved by personnel unqualified in the type of design where the change was made." Describe the circumstances of each such incident giving the date of each such incident and the identity of the person or persons who approved each such design change.

30. Identify the documents you rely upon to support the assertion that " design changes [were] approved by personnel unqualified in the type of design where the change was made"; and produce each such document identified which is other than a communication between Applicants and the Nuclear Regulatory Commission. If you do not rely upon any written 1442 228 documents, or if you rely on information in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

31. Explain in what respects the acts asserted in this Paragraph 7c of Contention 1 constitute a violation of the provisions of Section III and IX of 10 CFR Part 50, Appendix B.

Paragraoh 7d

32. Identify each individual who you assert " falsified"

" pour cards" as stated in Paragraph 7d of Contention 1.

33. Describe the manner in which each pour card referred to in Paragraph 7d of Contention 1 was " falsified."

34. Identify the documents you rely upon to support the assertion that " numerous pour cards . . . were falsified by numerous persons"; and produce each such document identi-fied. If you do not rely upon any written documents, or if you rely on information in addition to written dccuments, state the source of your information which provides the basis for this assertion and describe such information.

Paragraph 7e

35. Describe each instance, including dates and identi-fication of all of the individuals known to you to have been involved, in which a quality control inspeccor has been: (a) assaulted; (b) threatened with bodily harm; (c) fired; 1442 229 and/or (d) otherwise intimidated; as asserted in Paragraph 7e of Contention 1. In those instances, describe all asserted

" acts constituting a pattern of behavior designed to intimidate inspectors."

36. Identify, by date, quality control inspector involved and subject matter to be inspected, every inspection which you allege was not done because the quality control inspector " decided to play cards . . . rather than risk

[his] safety on the plant grounds."

37. Identify documents which you rely upon to support the assertions in Paragraph 7e of Contention 1 and produce each such document identified. If you do not rely upon any written documents, or if you rely on documents in addition to written documents, identify the source of your information which provides the basis for this assertion and describe such information.

Paragraphs 1 through 7e

38. Identify each person you intend to call as a witness at the Hearing to testify to matters relating to Contention 1 or any part of Contention 1.

B. Contention 2 (as accepted by the Licensing Board)

1. Do you rely upon any written documents other than the NRC inspection records listed in Contention 2 to support 1442 230 your assertion that South Texas Project construction records have been falsified? If so, please identify specifically each such document relied upon; and produce each document so identified. Do you rely upon any other information to provide the basis for this contention? If so, identify the source of your information and describe such information.

2. Identify specifically, including title, date and subject matter, each " construction record" which you assert has been falsified.

3. Identify the " employees" of Houston Lighting &

Power Company and the ' employees" of Brown and Root who are asserted to have " falsified" construction recorJs.

4. Identify each person you intend to call as a witness at the Hearing to testify to matters relating to Contention 2 or any part of Contention 2.

C. Contention 3 (as accepted by the Licensing Board)

1. How many of the approximately thirty reported overpressurization instances referenced in your contention have occurred since 1976? Identify the source of your answer.

2. Identify each instance (with the name of the facility and dates) listed in your answer to immediately preceding Interrogatory C.l. where 10 CFR Part 50 has been violated during the pressure transient. Identify the source of your answer.

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3. Identify each " design feature or administrative procedure" which you assert must be added to the designs and procedures for the South Texas Project in order to " prevent or ameliorate such pressure transients."

4. Describe specifically each transient (for example, by initial conditions, initiating event, duration, peak pressure, worst consequences, etc.) which can cause a violation of 10 CFR Part 50.

D. Other

1. Provide the names and addresses of all officers and directors of CCANP.

Respectfully submitted,

~ly l 1 i /

/b b Y i, / ! $ l. -a Melbert D. Schwarz f Charles G. Thrash, Jr.

3000 One Shell Plaza Houston, Texas 77002 Jack R. Newman Robert H. Culp 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 OF COUNSEL: Attorneys for HOUSTON LIGHTING &

Baker & Botts POWER COMPANY, Project Manager 3000 One Shell Plaza of the South Texas Project, Houston, Texas 77002 acting herein on behalf of itself and the other Applicants, Lowenstein, Newman, Reis, THE CI"f OF SAN ANTONIO, TEXAS, Alexrad & Toll acting by and through the City 1025 Connecticut Avenue, N.W. Public Service Board the City of Washington, D.C. 20036 San Antonio, CENTRAL POWER AND LIGHT COMPANY and THE CITY OF AUSTIN, TEXAS MS:3:A 1442 232 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF $

HOUSTON LIGHTING & POWER $ Docket Nos. STN 50-498-OL COMPANY, ET AL. $ STN 50-499-OL 9

(South Texas Project, S Units 1 and 2) S S

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing First Set of Interrogatories and Request for Production of Documents from Houston Lighting & Power Company, et al.,

Applicants, to Citizens Concerned About Nuclear Power in the above-captioned proceeding were served on the follow-ing by deposit in the United States mail, postage prepaid, or by hand delivery this 5th day of November, 1979:

Charles Bechhoefer, Esq., Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James C. Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Henry J. McGurren, Esq.

Hearing Attorney Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555

. 1442 233

Richard W. Lowerre, Esq.

Assistant Attorney General for the State of Texas P. O. Box 12548, Capitol Station Austin, Texas 78711 Honorable Burt O'Connell County Judge, Matagorda County Matagorda County Court House Bay City, Texas 77414 Ms. Peggy Buchorn, Executive Director Citizens for Equitable Utilities Route 1, Box 432 Brazoria, Texas 77422 Steven A. Sinkin, Esq.

116 Villita San Antonio, Texas 78205 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Chase R. Stephens Docketing and Service Section office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Wasiungton, D.C. 20555

'57 <

/YUJJ bY & . . -.

Melbert D. Schwarz f Date: November 5, 1979 MS-3-B i442 234