ML20011A669

Forwards First Set of Discovery Documents.Documents Are Incomplete Due to Time Limits.W/O Encl

ML20011A669
Person / Time
Site:	Point Beach
Issue date:	10/23/1981
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Bloch P, Kliney J, Paxton H Atomic Safety and Licensing Board Panel
References
NUDOCS 8110290260
Download: ML20011A669 (3)

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Wiscensin's Environmental Decade ' ETEO 00gnpC 114 North Carroll Street .

Madison, WI 53703 (608)251 7020

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J . OFFICE OF SECRETARt DOCKETING & SERVICE BOARD OF DIRECTORS October 23, 1981 BRANCH Nicholas Seay, Crar w son Peter B. Bloch, Chairman d Atctnic Safety & Licensing Board -

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$j,'c^e"orgN"ecker  %

M. Jeanne DeRose U. S. Nuclear Regulatory Comnissian f\-

Katnieen M. Falk Washington, D.C. 20555 N n y d[*g I *[b f,

vincent Hotness f Richard tenmann Judith undray Dr. Hugh C. Paxton s

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Richylgu se 1229 - 41st Street g. O Prof. Jonn Neess ids Alamos, New Mexico 87544 l ; y,,CT2 , ,xt ,,8 ,y 198>. 73 Doug Nelson - COMMiss us Richard Presnell Dr. Jerry R. Kline W /

h.VIctofia w on Atomic Safety & Licensing Board Anne Weinberg U. S. Nuclear Pegulatory Comnission N #

James woire Washington, D.C. 20555 STAFF

~ ' RE : Wisconsin Electric Power Conpany p

o,,,cto, Point Beach Nuclear Plant Peter Anderson Dockets 50-266 and 50-301

[En$er' et$c# k ["'"' Operating License Amendnent enew ano wanwrawn soecianse (Steam Generator Tube Sleeving)

Janei. Burns, fuetwort Coorarnator -

Mary deGozzaldi, Ka eni Gentlennn-Ont,Cror of L,9J! Aff3WE fe ',d,"e Vn5"o9 o*[' Enclosed please find a copy of the first set of dis-Catherine Mortenson, covery docunents relating to the interim proceedings by Wisemsin's Environmental Decade, Inc. , upon staff of the Nuclear

$$g# $, al crorney Regulatory Canmissian and upon licensee Wisconsin Electric Power Conpany. '1hese discovery docununts pertain to the hearing scheduled by the Board to be held October 29 - 30 for the purpose of the licensee's application for approval of a deranstration program for sleeving up to six generator tubes. The discovery requests are, as you may note, inccrplete.

We feel it incumbant to ensure that the record in this proceeding shcw why the discovery request is inccrplete and, as well, rumals our chepest concerns and dismay regarding the undue speed with which this proceeding is occuring. The Board has already recognized that this could occur in this case and cautioned:

" Consequently, we will be receptive to any serious claim of prejudice from our unorthodox nothods. " Memorandum and Order Requesting Additional Infornation, dated October 1,1981, at pg. 5.

9 0 0290260 81102p g ADOCK 05000266 PDR _ -__ ._ _ ___ _ - .___-__:-.

O Panel Members October 23, 1981 -

Page 2 Most particularly, the unnemssarf crush this week, brought upon by the licensee, in trying to prepare for next week's hearing is felt by us in trying to finish sme modest ancunt of very nuch-needed discovery, that we cumensed work cn

.several weeks ago, within a very short amount of tine.

hhile the Decade is a citizens' organization of'o'mr 50,000 nenbers, it has but a handfull of full-tine staff.

And while.it is one of the few state environnental groups with full-tine staff, its resources are insignificant capared to -

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those of the licensce, me licensee has not cnly its own utility

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corporate staff (including lawyers and technical experts)-but a distinguished Washington, D.C. , law firm of likely cne hundred attorneys and support staff, as well as the services of another giant corporation, Westinghouse Electric. The Decade's involve-nent ,inJ)is proceeding has. involved only cne attorney, who has been required to devote a substantial amount of her tine to capleting her prior ccrmu.tment of court and other deadlines;.

one technical staff perscn, who is not a chemist or physicist by training; and to varying degrees the assistance of cne

. part-t i ne secretary.* Indeed, were it not for herculean hours and energies, we would not have been able to participate to

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the degree we have thus far. ,

It is for those very real reasons, then, that our first' set of interrogatories is incmplete. The time has tolled, they are due, and they-are being served according to the Board's order. Weir incmpleteness cannot help but undermine our ability to represent the interests of the' Decade's nembers.

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All this is stated not to apologize, nor to ask any favors.

All of this is stated, however, because it must be balancnd against the licensee's continual urging to speed up this pro-coeding so that it can ccrmence its sleeving program. What factors must be weighed against the inability of Decade and

, NRC staff (according to sme statenents by NBC staff to us) to reasonably and neaningfully participate in this case? The Board has ~oorrectly determined that any urgency clained to exist by the licensee has been created by the licensee--and not by the NBC staff or intervenor. In its October 1, 1981 Mmorandum and Order, the Board emphasized:

"In this case, we expect to be particularly sensitive to petitioner's procedural rights because we agree with Decade that the need for expedition has been

, created by KE, which delayed filing its anundment only because of its inconect asstmption that 'a hearing would -

not be necessany." (Tr.16)

• For several days during the weekiof October 12, 1981, Decade prevailed upon the services'of a local attorney to h'andle the L__

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a Panel Ftrbers ,

October 23, 1981 Page 3 -

Given this -i.tuation, it scens only reasonable that where the rights of.the intervenor, public and staff stand to be jeopardized, that the minor inconvenience,~if any at all, to the licensee frm any temporary " delay" in its schedule is not nantmental. As a Wisconsin Suprene Court justice has stated: " Justice rushed is justice crushed." And that is what we believe may be happening here.

Intervenor has and will nake every effort to proceed under the rigorous tine ccnstraints inposed upcn us at the licensee's request and by the Board's determination. At scre point socn, however, the Board's decision to accelerate the proceeding may-be no different in effect than a decisicn to exclude the -

Decade or the ptiblic.

Sin Frely,

& /h.

Kathleen M. Falk General. Counsel IGF/wd cc: Bruce Churchill, Atty.

Richard Bachmann, Atty. -

Docketing energencies in this case when Decade's attorney had prior court and '

other cctmtitrents to fullfill, but Decade is unable to financially afford such continuing services.

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