ML20027A190

Applicant Objections to Interrogatories Submitted by Intervenor,Lakeshore Citizens for Safe Energy.Objections Based on Reliance on Contentions Already Rejected by ASLB or Contentions Still Being Argued

ML20027A190
Person / Time
Site:	Point Beach
Issue date:	10/12/1978
From:	Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7810230326
Download: ML20027A190 (6)

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Octobar 12, 1978 h 5 NRC Pn O D M ROOM

\tY v sg g 4 UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMIESION /! ,/ / ^ ,

e,' BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-266

) 50-301 WISCONSIN ELECTRIC POWER )

COMPANY ) Amendment to License

, ) Nos. DPR-24 and DPR-27 (Point Beach Nuclear Plant, ) (Increase Spent Fuel Units 1 and 2) ) Storage Capacity) l

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i APPLICANT'S OBJECTIONS TO CERTAIN OF INTERVENOR'S INTERROGATORIES On September 27, 1978, Lakeshore Citizens for Safe Energy (Intervenor) propounded a set of interrogatories to Applicant numbered according to Intervenor's contentions in the proceeding. Applicant objects to the following interrog- i atories for the reasons stated below: .

1. Applicant objects to all interrogatories relat-ing to Contention 4. The Boa:.d's ruling as to the allowability of Contention 4, relating to ,.

Applicant's anti-sabotage and security plans, -

, has been deferred by the Board based upon stipu-lation between Intervenor and the Staff at the ,

j j Special Prehearing Conference on August 17, 1978. The Staff and Intervenor agreed on the 7T/o *3 0 3 M l

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record that the Staff would review the Point Beach security plan and indicate in writing whether in its judgment the proposed increase in spent fuel storage capacity could reason-ably affect the security plan. It was fur-ther agreed that the Intervenor would accept the Staff i s conclusion regarding the effect of the amendment on the Point Beach security

- plan and that the contention would not be ad-missible if the Staff concluded the security plan was not affected. On September 27, 1978, the Staff filed with the Board such a written statement in the form of an affidavit by Mr.

John S. Berggren together with a motion to dismiss Contention 4.

2. Applicant objects to all of the interrogatories pertaining to Contention 9 on the ground that the interrogatories are not related to the in-cremental impacts of expanded fuel storage or the need to revise or update Applicant's medical or health care plan due to such incremental im-pacts. They are therefore outside the scope of Contention 9 and of this proceeding.

Contention 9 presents only one issue, i.e. whether L

l Applicant needs to update or revise its l , ,

medical and health care plan "due to more dense and increased storage of spent fuel."

The contention is not a proper basis for

. general inquiries into Applicant's medical and health care plan as it relates to op- l erationohthepresentPointBeachfacility.

Applicant is prepared to stipulate at the hearing that no updating or revision of ,

the medical and health care plan has been done, and that none is contemplated, due to its proposal to expand the spent fuel storage capacity at Point Beach. Appli-cant will rest its response to this con-tention on a showing that the incremental radiological impacts associated with the expanded storage program are not such as to warrant medical or-health care planning.

3. Applicant objects to all interrogatories

. pertaining to Contention 10, relating to i

Applicant's emergency plans, on the ground ,

that this contention has been disallowed by.the Board. By its order of September 1, 1978, the Board rejected contention 10 on -

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e the ground that the contention as phrased

< - was ambiguous if not unintelligible. The Board granted Intervenor 15 days from the date of the order to refile an amended contention, but no such amended contention has been refiled by Intervenor.

P Respectfully submitted, SHAW, PITT M , POTTS & TROWBRIDGE MJ '

AdrV id

/89ergef.Trowbridge /

Dated:

October 12, 1978 i

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. Octobcr 12, 1978 J

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Do.cket Nos. 50-266

) 50-301 WISCONSIN ELECTRIC POWER )

COMPANY ) Amendment to License

) Nos. DPR-24 and DPR-27 (Point Beach Nuclear Plant, ) (Increase Spent Fuel Units 1 and 2) -

) Storage Capacity)

, CtRTIFICATE OF SERVICE

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F I hereby certify that copies of " Applicant's Objec-tions to Certain of Intervenor's Interrogatories," dated  !

October 12, 1978, were served upon those persons on the at-tached Service Lis.t by deposit in the United States mail, l postage prepaid, this 12th day of October, 1978.

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/' porgeF.'Trowbridge/

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. Dated: October 12, 1978

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UNITED STATES OF AMERICA ,

NUCLEAR. REGULATORY COOi!SSION i BEFORE THE ATCMIC SAFETY AND LICENSING 30ARD

/ O In the Matter of ) Docket Nos. 50-266

) 50-301 WISCONSIN ELECTRIC POWER )  !

COMPANY ) Amendment to License Nos. i

) DPR-24 and DPR-27 (Point Beach Nuclear Plant, ) (Increase Spent Fuel ,

Units 1 and 2) , ) Storage Capacity)  !

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SERVICE LIST l

l Marshall E. Miller, Esq. Bruce A. 3erson, Esq.

Chai=an Office of the Executive Atomic Safety and Licensing Legal Director Soard U.S. Nuclear Regulatory  :

U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555  ;

Washington, D.C. 20555 Ms. Mary Lou Jacobi Dr. I::=eth A. Luehke Vice Chairperson t Atomic Safety and' Licensing Lakeshore Citizens for Board .

Safe Energy

. U.S. Nuclear Regulatory 932 N. 5th Street Commission Manitowoc, Wisconsin 54220 Washington, D.C. 20555 Pa-cick W. Walsh, Esq.

Dr. Paul W. Purdem Assistant Attorney General .

245 Gulph Hills Rcad The State of Wisconsin Radnor,' Pennsylvania 19037 Depart =ent of Justice  !

114 East, Stace Capitol  ;

Docketing and Service Section Madison,, Wisconsin 53702 -

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Office of the Secretarv -

U.S. Nuclear Regulatory I

Commission Washington, D.C. 20535 4

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