ML20038B974

Objections to Fankhauser 811125 Interrogatories 3 Through 11 & Response to Interrogatories 1,2 & 12.Certificate of Svc Encl.Related Correspondence

ML20038B974
Person / Time
Site:	Zimmer
Issue date:	12/04/1981
From:	Wetterhahn M CINCINNATI GAS & ELECTRIC CO.
To:	FRANKHAUSER, D.D.
References
NUDOCS 8112090384
Download: ML20038B974 (5)

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- U'iNRC UNITED STATES OF AMERICA 31 DEC -7 PI :02 - l NUCLEAR REGULATORY COMMISSION

_. CE OT SECRE TARY In the.Mati.er of )' iMEiiNG & SERVICE

) BRANCH The Cincinnati Gas & Electric') Docket No. 50-35 Company, et al. ) - t1 f fjx (Wm..H.-Zimmer Nuclear Power lF Company) )_

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APPLICANTS' DECB a OBJECTIONSTOCERTAIN[G.

INTERROGATORIES SUBMITTED BY co" , , , ,s g 1* #

DR. FANKHAUSER MQ, , _ ,&

On November 25, 1981, Dr. Fankhause/ r /b/ - Qdn'\

intervenor in the captioned -proceeding, filed "Dr.

Fankhauser's Interrogatories to Applicants" which were stated to have been submitted piirsuant to the Atomic Safety and Licensing Board's November 5, 1981 Prehearing Conference Order. On NSvember 24, 1981,

" Applicants' Motion for Summary Disposition Respecting Contention 2" was filed and on November'25, 1981, the Licensing Board held a conference call to discuss the remaining issues in this procesding. While all of the interrogatories are objectionable, as discussed below, Applicants are responding to Nos. 1, 2 and 12, as it relates to the first two interrogatories.. ,

In order to eliminate any possible argument that S

Dr. Fankhauser's reply to the Applicants' motion for summary disposition respecting contention 2 should be delayed while the Board is resolving a dispute over discovery matters, the Applicants are today forwarding

'9112090384 811204 DR ADOCK 05000 2

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their responses to the three interrogatories to Dr.

Fankhauser. .This is being .done irrespective of1 any objections. -Applicants may. have regarding the interrogatories which may possibly be ' related to this contention, i.e., Nos. 1, 2, and 12, and notwithstanding. Applicants' position that all discovery.  ;

regarding the routine monitoring contention has . long since been closed. However, nothing herein should be taken as waiving any right to object.to the use of the responses to . Interrogatories 1, 2 and 12 at an evidentiary proceeding or otherwise.

While no formal order regarding the contentions has yet been issued, it is Applicants' understanding of the conference call held on . November 25, 1981, that discovery by an intervenor would be limited to his granted contentions. Dr. Fankhauser's sole contention, No. 4.C.12, is related to the document known as " Circle of Safety," siren testing, dissemination of information

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and use of the "I have been notified signs." The remaining interrogatories (Nos. 3-11) are clearly beyond the scope of this contention and are not reasonably calculated to lead to admissible evidence concerning that contention.

-*/ See Contentions Admitted As Issues In Controversy at Prehearing Conference, November 25, 1981, submitted by the NRC Staff.

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Therefore, the indicated _ interrogatories are objectionable and _ the Board should issue an' order, pursuant to 10 C.F.R. S2.740 (c) that the objectionable discovery not be had.

Respectfully submitted, CONNER & WETTERHAHN-Mark J.-Wetterhahn Counsel for Applicants December 4, 1981 1

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RELATED CC'diESPCUC5 UNITED STATES OF AMERICA I g gg.gg .

NUCLEAR REGULATORY COMMISSION L"EPC In the Matter of ) 81 083 -7 P1 :02

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The Cincinnati Gas e Electric )

Company, et al. ) DocketNo.5035[8hq y'

) dHANCH (Wm. H. Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Objec-tions to Certain Interrogatories Submitted By Dr.

Fankhauser" and " Applicants' Responses To Dr. Fankhauser's Interrogatories to Applicants" both dated December 4, 1981, in the captioned matter, have been served upon the follow-ing by deposit in the United States mail this 4th day of Decenber, 1981:

Judge John H. Frye, III Chairman, Atomic Safety Chairman, Atomic Safety and and Licensing Board Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. Hooper Charles A. Barth, Esq.

Administrative Judge Counsel for the NRC Staff Atomic Safety and Licensing Office of the Executive Board Legal Director School of Natural Resources U.S. Nuclear Regulatory University of Michigan Commission Ann Arbor, Michigan 48109 Washington, D.C. 20555 Dr. M. Stanley Livingston Mr. Chase R. Stephens Administrative Judge Docketing and Service 2005 Calle Largo Branch Sante Fe, New Mexico 87501 Office of the Secretary U.S. Nuclear Regulatory Dr. Lawrence R. Quarles Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Chairn an , Atomic Safety Commission and Licensing Appeal Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatorj Commission Washington, D.C. 20555 m

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i Mrs. Mary Reder -David K. Martin, Esq.

Box 270 Assistant _ Attorney Route 2 - General California, Kentucky 41007 Acting Director Division of Environmental- >

Andrew B. Dennison, Esq. Law ,

Attorney at Law Office of Attorney i

200 Main Street General i Batavia, Ohio 45103 209 St.' Clair Street Frankfort, Kentucky 40601 James R. Feldman, Jr., Esq.

216 East Ninth Street George E. Pattison, Esq.

Cincinnati, Ohio 45202 Prosecuting Attorney of Clermont County, Ohio John D._Woliver, Esq. 462 Main Street Clermont County . Batavia, Ohio 45103 Community Council Box 181 Troy B. Conner, Jr., Esq.

1 Batavia, Ohio 45103 Conner & Wetterhahn 1747 Pennsylvania Ave. NW Suite 1050

Waehington, D.C. 20006 1

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William J.

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