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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARNPL-97-0357, Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems1997-06-19019 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems DD-97-15, Director'S Decision DD-97-15 Re Petitioners Request That NRC Prohibit Loading of VSC-24 Until Coc,Sar & SER Amended Following Independent third-party Review of VSC-24 Design. No Adequate Basis Exists for Granting Petitioners Request1997-06-18018 June 1997 Director'S Decision DD-97-15 Re Petitioners Request That NRC Prohibit Loading of VSC-24 Until Coc,Sar & SER Amended Following Independent third-party Review of VSC-24 Design. No Adequate Basis Exists for Granting Petitioners Request ML20141B0451997-06-0909 June 1997 Requests Extension of Comment Period for NRC Bulletin 96-001,suppl 1 Re Control Rod Insertion Problems ML20198R1511997-03-0505 March 1997 Transcript of 970305 OI Interview of Aj Cayia in Two Rivers, Wi Re NRC Investigation Case 3-97-008.Pp 1-70 ML20198R1361997-03-0404 March 1997 Transcript of 970304 OI Interview of DF Johnson in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-37 ML20198R0931997-03-0404 March 1997 Transcript of 970304 OI Interview of Rj Harvey in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-28. Supporting Documentation Encl ML20198R1111997-03-0404 March 1997 Transcript of 970304 OI Interview of E Ziller in Two Rivers, Wi Re NRC Investigation Case 3-97-008.Pp 1-33.Supporting Documentation Encl ML20198R1281997-03-0404 March 1997 Transcript of 970304 OI Interview of T Malanowski in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-28 ML20134B7371997-01-27027 January 1997 Exemption from Requirements of 10CFR50.60 to Determine That Setpoint for LTOP Events Will Not Present Undue Risk to Public & Safety.Exemption Granted NPL-95-0321, Comment on Proposed 10CFR50.54(p) Re Process for Changes to Security Plans W/O Prior NRC Approval.Supports Proposed Clarification of Language in 10CFR50.54(p)1995-07-11011 July 1995 Comment on Proposed 10CFR50.54(p) Re Process for Changes to Security Plans W/O Prior NRC Approval.Supports Proposed Clarification of Language in 10CFR50.54(p) ML20085E6541995-06-13013 June 1995 Comment Re Draft NUREG/BR-0199, Responsiveness to Public. Expresses Concern on Dry Cask Storage W/Exemption Given to VSC-24 Cask & Procedures for Unloading & Transport at Plant ML20078F4831994-12-20020 December 1994 Comment on Proposed Rule 10CFR50 Re Shutdown & low-power Operations for Np Reactors.Informs That Util of Belief That NRC Already Has Appropriate Regulatory Authority Over Shutdown & low-power Operations,As Provided in Maint Rule ML20077E8361994-12-0101 December 1994 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low- Power Operations for Nuclear Power Reactors ML20059E9331993-10-27027 October 1993 Comment Supporting Proposed Rule 10CFR171 Re Restoration of Generic Exemption from Annual Fees for Nonprofit Educational Institutions ML20045D7331993-06-13013 June 1993 Comment on Proposed Rule 10CFR26 Re Mods to fitness-for-duty Program Requirements.Recommends That NRC re-evaluate Proposed Testing Frequency Due to Random Testing Rate of 50% Sufficient to Provide Continued Detection Effectiveness ML20127D7191992-09-0606 September 1992 Comment on Proposed Rule 10CFR72 Re Approval of Two Addl Dry Cask Storage Designs.Opposes Rule ML20127D6371992-09-0303 September 1992 Comment on Proposed Rule 10CFR72 Re Approval of Two Addl Dry Cask Storage Designs.Opposes Rule & Urges NRC to Extend Comment Period in Order for Concerned Citizens to Prepare Thorough List of Objections ML20114D2591992-08-24024 August 1992 Comment Opposing Proposed Rule 10CFR72 Re Proposal to Store Spent Nuclear Fuel in VSC-24 Storage Casks at Plant in State of Wi ML20073N1141991-05-10010 May 1991 Comment Supporting Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery ML20058D4831990-10-15015 October 1990 Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20235S8381989-02-22022 February 1989 Comment Opposing Proposed Rules 10CFR50 & 55 Re Degree Requirement for Senior Reactor Operator (Sro).Unless Grandfathered in Next 4-5 Yrs Author to Be Locked Out of Job & Does Not Intend Spending 20 Plus Yrs as Reactor Operator ML20235N8341989-02-17017 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants ML20148K5591988-03-18018 March 1988 Comment Supporting Proposed Rule 10CFR50,App J Re Mass Point Method of Data Analysis.Recommends Test Duration Criteria in ANSI/ANS-56.8-1987,Section 5.4 Be Accepted in Revised Regulations ML20236Q7991987-11-0909 November 1987 Comments on Proposed Rev 2 to Reg Guide 1.100 Re Seismic Qualification of Electrical & Mechanical Equipment for Nuclear Power Plants ML20235V8231987-10-13013 October 1987 Order Imposing Civil Monetary Penalty in Amount of $50,000 Based on Violations Noted During Special Physical Security Insp on 860718-0807 ML20136E0511985-11-20020 November 1985 Memorandum & Order Granting Licensee 850826 Request for Extension of Deadline for Environ Qualification of Electrical Equipment to 860525 for Unit 1 & 851231 for Unit 2.Served on 851120 ML20137C8601985-11-19019 November 1985 Transcript of Commission 851119 Affirmation/Discussion & Vote in Washington,Dc Re SECY-330(a) on Point Beach & SECY-225(a) on Sequoyah.Pp 1-5 ML20138M8711985-10-25025 October 1985 Transcript of 851025 Meeting in Washington,Dc Re Util Requests for Exemption from Environ Qualification.Pp 1-76 ML20078L1661983-10-17017 October 1983 Response Opposing Wisconsin Environ Decade 830923 Petition for Review of ALAB-739 Re Steam Generator Tubes Repaired by Sleeving.Nexus Between Sleeving & Tube Failure Shown. Certificate of Svc Encl ML20078C8801983-09-23023 September 1983 Petition for Review of Aslab 830907 Decision on Sleeving Degraded Steam Generator Tubes.Aslab Erroneously Denied Nexus Shown Between Sleeving & Tube Failure.Certificate of Svc Encl ML20076E1581983-08-22022 August 1983 Response Opposing Wisconsin Environ Decade 830811 Request to Respond to Hf Conrad Affidavit.Aslab Affirmed Dismissal of Decade Petition to Intervene.Decade Thus Lacks Party Standing.Certificate of Svc Encl.Related Correspondence ML20204G3481983-04-29029 April 1983 Brief Opposing Wisconsin Environ Decade Exceptions to ASLB 830204 Initial Decision Authorizing full-scale Sleeving. Exceptions Waived for Failure to Brief or Arguments W/O Merits ML20069K5951983-04-22022 April 1983 Answer Opposing Wisconsin Environ Decade 820407 Petition for Review of ALAB-719 Which Affirmed ASLB 821210 Special Prehearing Conference Order Dismissing Petition to Intervene.Matter Raised Not Reviewable.W/Certificate of Svc ML20073D6991983-04-11011 April 1983 Request for Extension Until 830427 to File Opposition to Wisconsin Environ Decade Brief on Exceptions.Counsel Has Numerous Obligations Before ASLB & Aslab.Certificate of Svc Encl ML20073B9701983-04-0707 April 1983 Petition for Review of Aslab 830322 Decision Denying Wisconsin Environ Decade 821220 Appeal of ASLB 821210 Prehearing Conference Order.Hearing on Steam Generator Tube Degradation Issue Should Be Held.Certificate of Svc Encl ML20069F6491983-03-16016 March 1983 Brief Supporting Wi Environ Decade 830211 Exceptions to ASLB Initial Decision.Aslb Refused to Make Prerequisite Findings on Degree of Assurance Necessary to Protect Public Safety. Affidavit of Mailing Encl ML20071A1311983-02-14014 February 1983 Exceptions to ASLB 830204 Initial Decision.Affidavit of Mailing Encl ML20064H4191983-01-10010 January 1983 Replacement P 2 of 821220 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision. Svc List Encl ML20070M0571983-01-0707 January 1983 Comments on Wi Environ Decade Statement of Inadequate Record.Statement Is Inconsistent W/Commission Regulations, Erroneous in Statement of Law,Untimely,Devoid of New Factual Info & Should Not Be Considered.Certificate of Svc Encl ML20028C3031983-01-0404 January 1983 Brief Opposing Wi Environ Decade 821220 Appeal of ASLB 821210 Special Prehearing Conference Order Denying Decade 820810 Petition to Intervene.Decade Willfully Failed to Attend Special Prehearing Conference.W/Certificate of Svc ML20028C3091983-01-0404 January 1983 Proposed Evidentiary Hearings Transcript Changes.Certificate of Svc Encl ML20070M0141982-12-30030 December 1982 Statement of Inadequate Record.Eddy Current Testing Not Proved Adequate for Sleeving Steam Generator Tubes.Record Must Be Reopened.Certificate of Svc Encl ML20070J0141982-12-20020 December 1982 Notice of Appeal from 821210 Special Prehearing Conference Order Dismissing Decade 820810 & 1105 Petitions to Intervene.Affidavit of Mailing Encl ML20070J0341982-12-20020 December 1982 Brief Supporting Appeal from 821210 Special Prehearing Conference Order Denying 820810 Petition to Intervene & Request for Extension of Time to Complete Brief.Dismissal of Petition on Stated Grounds Contrary to Law ML20070H4011982-12-20020 December 1982 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision Re Repair of Corroded Steam Generator Tubes by Inserting Sleeves.Certificate of Svc Encl ML20027E3171982-11-0505 November 1982 Contentions Re Steam Generator Replacement,Supplementing 820810 Petition to Intervene ML20027D4691982-11-0202 November 1982 Testimony of Wd Fletcher Re Adequacy of Eddy Current Testing.Certificate of Svc Encl.Related Correspondence ML20069J3451982-10-20020 October 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20065G3861982-09-28028 September 1982 Amend to Wi Environ Decade 820810 Petition to Intervene Including Affidavits Requesting Wi Environ Decade to Intervene on Affiant Behalf.Certificate of Svc Encl ML20063J4521982-08-31031 August 1982 Reply Brief Supporting Wi Environ Decade 820721 Motion Concerning Litigable Issues & in Response to Licensee 820809 & 24 & NRC 820812 Responses.Contentions Timely & Relevant. Certificate of Svc Encl 1997-06-09
[Table view] Category:PLEADINGS
MONTHYEARML20078L1661983-10-17017 October 1983 Response Opposing Wisconsin Environ Decade 830923 Petition for Review of ALAB-739 Re Steam Generator Tubes Repaired by Sleeving.Nexus Between Sleeving & Tube Failure Shown. Certificate of Svc Encl ML20078C8801983-09-23023 September 1983 Petition for Review of Aslab 830907 Decision on Sleeving Degraded Steam Generator Tubes.Aslab Erroneously Denied Nexus Shown Between Sleeving & Tube Failure.Certificate of Svc Encl ML20076E1581983-08-22022 August 1983 Response Opposing Wisconsin Environ Decade 830811 Request to Respond to Hf Conrad Affidavit.Aslab Affirmed Dismissal of Decade Petition to Intervene.Decade Thus Lacks Party Standing.Certificate of Svc Encl.Related Correspondence ML20069K5951983-04-22022 April 1983 Answer Opposing Wisconsin Environ Decade 820407 Petition for Review of ALAB-719 Which Affirmed ASLB 821210 Special Prehearing Conference Order Dismissing Petition to Intervene.Matter Raised Not Reviewable.W/Certificate of Svc ML20073D6991983-04-11011 April 1983 Request for Extension Until 830427 to File Opposition to Wisconsin Environ Decade Brief on Exceptions.Counsel Has Numerous Obligations Before ASLB & Aslab.Certificate of Svc Encl ML20073B9701983-04-0707 April 1983 Petition for Review of Aslab 830322 Decision Denying Wisconsin Environ Decade 821220 Appeal of ASLB 821210 Prehearing Conference Order.Hearing on Steam Generator Tube Degradation Issue Should Be Held.Certificate of Svc Encl ML20069F6491983-03-16016 March 1983 Brief Supporting Wi Environ Decade 830211 Exceptions to ASLB Initial Decision.Aslb Refused to Make Prerequisite Findings on Degree of Assurance Necessary to Protect Public Safety. Affidavit of Mailing Encl ML20071A1311983-02-14014 February 1983 Exceptions to ASLB 830204 Initial Decision.Affidavit of Mailing Encl ML20070J0341982-12-20020 December 1982 Brief Supporting Appeal from 821210 Special Prehearing Conference Order Denying 820810 Petition to Intervene & Request for Extension of Time to Complete Brief.Dismissal of Petition on Stated Grounds Contrary to Law ML20063J4521982-08-31031 August 1982 Reply Brief Supporting Wi Environ Decade 820721 Motion Concerning Litigable Issues & in Response to Licensee 820809 & 24 & NRC 820812 Responses.Contentions Timely & Relevant. Certificate of Svc Encl ML20063D1301982-08-24024 August 1982 Response to Wi Environ Decade 820721 Amend to Motion Re Litigable Issues.Proposed Contention 3(f) Fails to Satisfy Requirements for Establishing Litigable Issues.Motion Should Be Rejected.Certificate of Svc Encl ML20063D0131982-08-20020 August 1982 Amend to Motion Re Third Litigable Issue on Increased Probability of Tube Failures Due to Sleeving,Per ASLB Direction During 820601 Conference.Change Adds Contention F on Sleeves in Corroded Tubes.W/Certificate of Svc ML20063C6411982-08-0909 August 1982 Response to Wi Environ Decade 820720-21 Motion Concerning Litigable Issues.Decade Estopped from Raising Number of Proposed Contentions.Decade Fails to Justify Untimeliness. Some Proposed Issues Irrelevant ML20058C0221982-07-22022 July 1982 Motion for Leave to Conduct Discovery of Wi Environ Decade Re Decade Contacts W/Sleeving Demonstration Program Workers. Discovery Requests Based on New Info.Interrogatories & Certificate of Svc Encl ML20054L6391982-06-30030 June 1982 Request for Clarification of Paragraph 7 of ASLB 820526 Memo & Order.Paragraph Can Be Interpreted as Suspending FOIA Applicability to Enumerated Westinghouse Proprietary Info. W/Certificate of Svc.Related Correspondence ML20052F3221982-05-0707 May 1982 Addendum to Wi Environ Decade 820503 Motion for Reconsideration of Part II of ASLB 820422 Memorandum & Order Re Motion to compel.NUREG-0909 Re Ginna 820125 Tube Rupture Adds & Strengthens Motion.Certificate of Svc Encl ML20052D8301982-05-0303 May 1982 Motion for Reconsideration of ASLB 820422 Memorandum & Order Part II Denying Decade Motion to Compel Response to Embrittlement Interrogatories.Certificate of Svc Encl ML20052F3701982-05-0202 May 1982 Reply Brief on Confidentiality Issue in Response to Westinghouse,Wi Electric Power Co & NRC Briefs & Opposing Trade Secret Protection for Sleeving Safety Tests. Certificate of Svc Encl ML20052C7341982-04-30030 April 1982 Reply Brief Opposing Wi Environ Decade Oral Motion for Public Disclosure of Certain Proprietary Info.Motion Is Impermissible Challenge to Commission Regulations. Certificate of Svc Encl ML20052A3601982-04-21021 April 1982 Brief of Westinghouse,Appearing Specially,Re 10CFR2.790 Balancing Test.Aslb Should Affirm NRC Determination & Continue to Accord Westinghouse Proprietary Info Protection Against Public Disclosure.Certificate of Svc Encl ML20054E0501982-04-21021 April 1982 Brief Opposing Wi Environ Decade Oral Motion for Public Disclosure of Proprietary Info.No Special Circumstances Exist to Overrule.Commission Compelling Public Policy Reason for Withholding Proprietary Info.Certificate of Svc Encl ML20052A3821982-04-20020 April 1982 Brief Re Confidentiality Issue.Opposes Trade Secret Protection for Safety Tests, & Receipt of Evidence Into Record of Info Withheld from Opposing Parties.Certificate of Svc Encl ML20054D9811982-04-16016 April 1982 Reply to Licensee 820412 Response to Wi Environ Decade 820328 Motion to Compel Licensee Answer to First Set of Interrogatories.Aslb Jurisdiction Should Be Expanded. W/Certificate of Svc.Related Correspondence ML20050V0221982-04-12012 April 1982 Response Opposing Wi Environ Decade 820328 Request to Undertake Discovery of NRC on Recent Events at Ginna & TMI Re Steam Generator Tube Degradation.Proposed Discovery Beyond Scope of Hearing.Certificate of Svc Encl ML20050V1421982-04-12012 April 1982 Response Opposing Wi Environ Decade 820328 Motion to Compel Answers to First Set of Interrogatories Re full-scale Sleeving.Interrogatories Irrelevant ML20050A8321982-03-28028 March 1982 Motion to Compel Answer to First Set of Interrogatories Directed to Licensee Re full-scale Sleeving.Related Correspondence ML20049K0501982-03-24024 March 1982 Answer Supporting Westinghouse 820309 Motion for Reconsideration of ASLB 820226 Memorandum & Order. Decision on Withholding Proprietary Info Substantive & Sua Sponte Rule Applicable.W/Certificate of Svc ML20041F7691982-03-11011 March 1982 Response to Wi Environ Decade 820227 Objection to Admission of Testimony on Confidentiality Issue.Decade Objection to Deletion of Info Re Amount of Money Expended to Develop Sleeving Program Unwarranted.Certificate of Svc Encl ML20041F0831982-03-10010 March 1982 Answer Opposing Wi Environ Decade 820224 Motion to Reconsider ASLB 820219 Memorandum & Order,Part Iv.No Objection to Alternative Motion That Order Be Clarified. Certificate of Svc Encl ML20041G1661982-03-0909 March 1982 Motion for Consideration of Portion of ASLB 820226 Memorandum & Order in Which ASLB Refused to Forward Determination Re Sua Sponte to Question to Ofc of General Counsel & Commission.Certificate of Svc Encl ML20041E2661982-02-27027 February 1982 Objection to Admisssibility of RA Wiesmann & Tg Colburn Testing on Confidentiality Issue.Intervenor Copy of Wiesmann Testimony Does Not Include Alleged Investment Cost Re Sleeving.W/Certificate of Svc.Related Correspondence ML20041C6741982-02-24024 February 1982 Motion for Reconsideration of Part IV of ASLB 820219 Memorandum & Order.Prior Policy That Contentions Need to Be Completely Enumerated Until Filing of Motion Concerning Litigable Issues Should Be Reinstated.W/Certificate of Svc ML20041C3311982-02-23023 February 1982 Motion to Certify ASLB Determination in 820202 Order.Page 9, Re Sua Sponte Question,To Commission.Alternatively Requests ASLB Forward Order to Ofc of General Counsel & Commission for Commission Determination.Certificate of Svc Encl ML20041A4511982-02-16016 February 1982 Response Opposing Wi Environ Decade 820202 Motion to Dismiss Portion of Licensee Application Requesting Authorization to Repair Steam Generators by Sleeving.Repair No Contemplated But May Be Required.W/Certificate of Svc ML20041A4471982-02-16016 February 1982 Response Opposing Wi Environ Decade 820101 Motion for Continuance.Established Schedule Will Not Lead to Decision to Advance Contemplated Sleeving Program.Problems at Ginna & TMI Are Irrelevant ML20040F3031982-02-0202 February 1982 Motion to Dismiss Portion of Licensee Application for Ola to Sleeve Instead of Plug Defective Steam Generator Tubes in Unit 1.Possibility of Sleeving Unit 1 No Longer Contemplated.Certificate of Svc Encl ML20040E9901982-02-0202 February 1982 Motion to Compel Wi Environ Decade Further Responses to Licensee Interrogatories.Intervenor 820118 Ltr Does Not Respond to 25 of 32 Interrogatories That Were Subj at 811209 Motion for Intervenor Dismissal.Certificate of Svc Encl ML20040E9861982-02-0101 February 1982 Motion for Continuance in Scheduling Final Deadlines for Discovery,Determinations on Litigative Issues & Hearings Until Fall 1982.Sleeving to Be Delayed Until Spring 1983. Events at Ginna May Become Relevant.W/Certificate of Svc ML20039E1821981-12-31031 December 1981 Motion for Leave to Commence Limited Discovery,If Necessary, to Schedule Evidentiary Hearing.Limited Discovery Will Simplify Consideration of Matters.Regulations Neither Prohibit or Allow Discovery by Person Not Party ML20039E1731981-12-31031 December 1981 Motion for Reconsideration of Portions of ASLB 811221 Memorandum & Order.Listed Topics Considered in Order W/O Full Discussion of Matters Involved.Same Result Would Not Have Been Reached If Issues Fully Understood ML20039E1611981-12-31031 December 1981 Brief Supporting Westinghouse Proposed Protective Agreement.Great Harm Will Come to Westinghouse Competitive Position If Confidential Commercial Insight Info Revealed to Competitors ML20039D8691981-12-28028 December 1981 Brief Opposing Wi Environ Decade 811119 Exceptions to ASLB 811105 Memorandum & Order.Appeal Is Interlocutory & Proscribed by Commission Rules.Discretionary Interlocutory Review Not Requested.Certificate of Suc Encl ML20039B5451981-12-17017 December 1981 Reply Brief on Issue of ASLB Jurisdiction to Decline to Afford Proprietary Info Protection from Public Disclosure. ASLB Should Refrain from Making Determination as to Proprietary Nature of Info.Certificate of Svc Encl ML20062M1011981-12-11011 December 1981 Amend to 811209 Motion for Order Dismissing Wi Environ Decade as Party to Proceeding.Decade 811208 Responses to Licensee 811120 Second Set of Interrogatories Evidence Deliberate Refusal to Meet Obligations.W/Certificate of Svc ML20062M0111981-12-11011 December 1981 Reply Brief to NRC 811207 Brief on ASLB Jurisdiction to Make Determinations Re Withholding Info from Public Disclosure. ASLB Has Jurisdiction But Can Only Exercise Authority Where Issue Is in Controversy.W/Certificate of Svc ML20062L9611981-12-0909 December 1981 Motion for Dismissal of Wi Environ Decade as Party in Proceeding.Intervenor Has Failed to Specify Adequate Bases for Contentions.Response to Interrogatories Devoid of Substance.Certificate of Svc Encl ML20062M2661981-12-0707 December 1981 Reply Opposing Westinghouse 811124 Brief to Bar Access to Allegedly Proprietary Data.Westinghouse Affidavit,Supporting Trade Secret Protection for Controversial Documents,Violates Due Process Clause.W/Certificate of Svc ML20062L9581981-12-0707 December 1981 Brief on Issue of ASLB Jurisdiction to Decline to Afford Proprietary Info Protection from Public Disclosure.Aslb Should Recognize Validity of NRC Determination Re Info Proprietary Status.Certificate of Svc Encl ML20038A9841981-11-12012 November 1981 Response Opposing Wi Environ Decade 811030 Oral Motion for Disclosure of Proprietary Info.Disclosure Would Be Inconsistent W/Commission Regulations,Applicable Law & Sound Public Policy.Certificate of Svc Encl ML20005C1581981-11-12012 November 1981 Answer Opposing Wi Environ Decade Motion for Public Disclosure of Proprietary Info.Aslb Oral Order Allowing Interim Proprietary Protection for Info Should Be Continued in Effect 1983-09-23
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, UNITED STATES OF AMERICA 00tKETED NUCLEAR REGULATORY COMMISSION t"mPC -
Before the Atomic Safety and Licensing Board '81 DEC 14 P4:27 r ercprTAtY
, q's SUW!CE
, !C'1:
In the Matter of )
)
WISCONSIN ELECTRIC POWER COMPANY ) DocketiNos. 50-266
) 50-301 -
(Point Beach Nuclear Plant, )- (OL Amendment) 7 cu Units 1 and 2) ) (6 6 o, Q
AMENDMENT TO LICENSEE'S MOTION FOR DISMISSAL OF g 788
'thg/g g INTERVENOR WISCONSIN'S ENVIRONMENTAL DECADE, IN . . M i /
re I. INTRODUCTION By motion dated December 9, 1981, Licensee moved the Board for an order dismissing Decade as a party to this proceeding, terminating the proceeding, and remanding Licensee's appli-cation to the NRC Staff for appropriate action. The grounds for Licensee's December 9 motion included: Decade's refusal to specify adequate bases for its Contentions 3, 4, 5 and 7 (particularly.in response to Licensee's November 10, 1981 interrogatories); Decade's reliance on the entirety of four dockets (including the instant docket, which contains this Board's finding that the contentions are without basis) as the bases for its contentions; and Decade's failure to avail itself
' of the discovery process to' attempt to support its contentions.
h 8112170069 811211 0go PDR ADOCK 05000266 PDR 9 gi I
G
e 4 .
As indicated in footnote 2 to Licensee's December 9 motion, " Licensee's Second Set of Interrogatorics and Request For Production of Documents To Intervenor Decade Relative To Full' Scale Sleeving Frogram," dated November 20, 1981, were hand-served on Decade by Federal Express on November 23. In
" Decade's Answer To Licensee's Second Set of Interrogatories Relative To Full Scale Sleeving" (late-filed on December 8, 1981), Decade identified for the first time concerns beyond those set forth in its Contentions 3, 4, 5 and 7, but refused to specify the bases for its newly-stated concerns. Thus, Decade's December 8 responses even more graphically evidence Decade's deliberate refusal to meet even the most fundamental obligations imposed on participants in an NRC licensing proceeding. Accordingly, Licensee amends its December 9 motion to inc'5ude, as grounds for the relief there requested, Decade's December 8 interrogatory responses and Licensee's arguments herein.
II. DISCUSSION A. Decade's Failure To Respond To Licensee's November 20 Interrogatories
" Licensee's Second Set of Interrogatories and Request For Production of Documents To Intervenor Decade Relative To Full i
Scale Sleeving Program" were designed to identify and elicit
, the bases for any and all issues which Decade proposes for l
L e
. s litigation, beyond the issues explicitly raised in its Contentions 3, 4, 5 and 7. Like Decade's November 25 answers to Licensee's first set of interrogatories on full scale sleeving, Decade's December ' 8 answers are -- taken as a whole
-- so devoid of substance as to effectively constitute a complete failure to respond. Most egregious are the broad
" Qualification" (which refers to the entirety of the official records in four regulatory dockets) with which Decade prefaces its December 8 responses (just as it prefaced its November 25 responses), and Decade's references to that " Qualification" as its complete response to several of Licensee's interrogatories, including the requests for the bases for Decade's concerns.
In the following discussion, Licensee sets forth each of
'the challenged interrogatory responses, with the associated interro'gatory and Licensee's comments specific to the individual interrogatory. Licensee does not restate in full the arguments set forth in its December 9 Motion For Dismissal of Decade.
Interrogatory 2
- 2. State in detail the factual bases for each and every concern identified in response to Interrogatory 1, above.
Decade's Response
- 2. See Qualification.
In response to Interrogatory 1, Decade identified five additional concerns (beyond those expressed in Contentions 3,
^ '
4, 5 and 7) -- "the damage which may be caused to the original w .
tubes which have previously been plugged when-(or if) the plu; is removed in preparation for sleeving," "the interactive effects between measures undertaken to alleviate thermal shock or embrittlement of the reactor vessel and steam generator-tube degradation," "the possibility for damage to the tube ends as part of the decontamination process used to prepare for sleeving," "the problem of leaking ' plugs rocking loose" in the course of a LOCA, and "the increasing numbers of detected defects in the free standing region of the steam generator tube bundle which might rupture" during the course of a LOCA. In that light, Decade's response to Interrogatory 2, which simply refers to the broad " Qualification" to its responses, is a particularly egregious refusal to specify the factual bases for its allegations, and is wholly insufficient for the reasons set forth in the general discussion of such responses in Licensee's December 9 motion.
Interrogatory 3
- 3. For each concern identified in your responses to Interrogatories 1 and 2 above:
(a) Identify all documents, including all relevant page citations, on which you rely to support each of your claims; (b)' State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the factual bases for each of your claims; and (c) State the name of each person you intend to call as a witness to support each claim.
- G .
Decade's Response 3.. (a) See Qualification.
(b)- Objection is made to this interrogatory. To state the name. of each person known to have knowledge -in this area would be oppressive and an undue burden.
(c) At the present time, we do not have plans.to call any witnesses to support these concerns.
-Discovery requests such as Interrogatories 3(a) cod
-3(b) -- which ask Decade to identify, with respect to each of the specified concerns, those documents on which it relies to support its claims, and those persons known to it to have knowledge of the factual bases for the specified claims -- are clearly proper. See 10 C.F.R. S 2.740(b)(1). Decade's reference to the broad " Qualification" to its responses in answer to Interrogatory 3(a)' constitutes a deliberate _ refusal to identify the requested documents, and is patently insuffi-cient,_for the reasons set forth in the general discussion of such responses in Licensee's December 9 motion. Nor is Decade's objection to Interrogatory 3(b) well taken. First, as noted above, the interrogatory is clearly proper. Second, the party objecting to a discovery request has the burden of establishing, by its objection, the facts necessary to suppor.t the objection. See, e.g., Sherman Park Community Association
- v. Wauwatosa Realty Co., 486 F. Supp. 838, 845 (E.D. Wis.
1980); Martin v. Easton Publishing Co., 85 F.R.D. 312, 316 (E.D. Pa. 1980). Decade's bare, unsubstantiated assertion that a response to Interrogatory 3(b) "would be oppressive and an
, undue burden" is thus obvio.usly inadequate, Finally, contrary 1
{s' r: .to the' Board'.soexpressidirective,.at pages-9 and 10.of it's October 113, 1981 " Memorandum and Order Concerning'The Admission
~
of"A Party andfIts Contentions," Decade never contacted.
LicenseeLto' inform ~ Licensee ~of its: objection to Interrogatory 3(b)oor otherwise made'any " reasonable attempts t
to resolve differences in~ direct: discussions" with: Licensee.
~
l Interrogatory 5 i
5.. 'For each concern identified.in your responses to
. Interrogatories 1 and'2--above,.-identify all documents in your 4 possession, custodyEor control'(including all' relevant page citations) ~ pertaining to the Jsubject' matter of that concern.
Decade's Response f
5.- See Qualification.
1 Decade's reference to .the broad " Qualification" to its
~
l-i j; 'r~esponses is a willful refusal to specify the requested I documenEs, and is clearly insufficient, for the reasons set
~
forth in- the general discussion of such responses in Licensee's ,
December 9 motion.
Further, in response to Licensee's request that Decade produce for inspection and copying the documents requested in t
4 L
Interrogatories 1 through 11, Decade referred simply to the
- " Qualification" to its responses. Again, such a response is l patently insufficient, as discussed in Licensee's December 9
- motion. The Commission's regulations required Decade not only s I
to specify the documents requested by Licensee, but also to b produce those documents in good faith, once identified.
}-
1
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- B. The Procedural Context of Decade's December 8 Responses In its December 9 Motion For Dismissal of Decade, Licensee discussed in detail the procedural context of Decade's failure to specify the bases for'its contentions (particularly its refusal to do so in response to Licensee interrogatories).
Licensee's December 9 motion further discussed the Commission's recent " Statement of Policy on Conduct of Licensing Proceedings," CLI-81-8, 13 N.R.C. 452 (1981), and the factors specified therein for consideration by a licensing board in determining the sanction to be imposed upon a party which fails to fulfill the obligations imposed upon it by its participation in the proceeding. The following brief comments supplement the discussion in Licensee's December 9 motion and, read with that discussion, place Decade's December 8 interrogatory responses in their proper procedural context.
The first factor to be considered by the Board in deter-mining the sanction to be imposed on Decade is "the relative importance of the unmet obligation." As discussed in Licensee's December 9 motion, the importance of th'e responses to Licensee ~'s interrogatories -- particularly the requests for the specification of the factual bases for Decade's concerns --
is self-evident. Decade's refusal to specify the bases for the concerns identified for the first time in response to Interrogatory 1 is particularly egregious since there is no record whatsoever on those concerns in this proceeding, in
~ . contrast to the issues identified in its Contentions 3, 4, 5 1
s' ..
and 7. This fact also' bears on the second factor'for the Board's consideration, the " potential for harm to other parties or the orderly conduct of the proceeding"; i.e., Decade's refusal to specify information about the bases for its newly expressed concerns virtually precludes efforts by the Staff or Licensee to prepare their cases on those concerns.
The third factor for the Board's consideration in eval-uating Decadc's conduct is "whether its occurrence is an isolated incident or part of a pattern of behavior."1 As noted in footno';e 3 to Licensee's December 9 motion, counsel for Licensee emphasized to Decade that a reference to the
" Qualification" to its responses in answer to many of Licensee's November 10 interrogatories was grossly insuffi-cient. Assuming, arguendo, that Decade's November 25 inter-rogatoly responses were framed in total ignorance of their palpable legal insufficiency, Decade's persister.ce in its reference to the " Qualification" in its December 8 responses conclusively evidences Decade's bad f aith and abuse of the regulatory adjudicative process. In light of the convercation 1 In Licensee's discussion of this factor at pages 38 to 39 of its December 9 motion, Licensee observed that Decade had to date given no indication of an intent to commence discovery relative to full scale sleeving. Licensee has since received
" Decade's Third Discovery Progress Report," datad December 7, which still gives no indication of an intent to file discovery requests.
2 Decade acknowledges the telephone call of counsel for
, Licensee in " Decade's Third, Discovery Progtess Report."
9 e .
. s of Licensee's counsel with Decade, the November 25 and December 8 responses could be considered a " pattern of_ behavior"~in and of themselves. Decade's failure to contact Licensee about its objection to' Interrogatory 3(b), in contravention of the Board's express order,'as discussed above, is consistent with Decade's evasive and non-cooperative pattern of behavior in this proceeding.
III. CONCLUSION Decade's responses to Interrogatories 2, 3, and 5, and its response to Licensee's request for production of documents, are insufficient for the reasons stated above, and constitute a willful. failure to provide the bases (and information about the bases) for its newly-stated concerns. For the reasons discus-sed above, and in Licensee's December 9 motion, Decade's conduct constitutes a gross dereliction of its fundamental obligations as a party to this proceeding, and warrants the imposition of severe sanctions by the Board.
Accordingly, for the reasons advanced above and in Licensee's December 9 motion, and pursuant to the Commission's
" Statement of Policy on Conduct of Licensing Proceedings,"
Licensee moves the Board for an order dismissing Decade as a party to this proceeding, terminating the proceeding, and
, remanding Licensee's application to the.NRC Staff for
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9 '..
appropriate' action,.or-for-such other relief as the Board deems appropriate 1and just, given the extraordinary circumstances.3 l Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE.
By , . .
,4 B'ruce W Churchill Delissa A. Ridgway Counsel for Licensee 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 Dated: December 11, 198]
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1.
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3" Seu note 11 to Licensee's December 9' motion.
o
'O.
December 11, 1981 UNITED STATES OF-AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic-Safety and Licensing Board -
In the Matter of )
)
WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266
) 50-301-(Point Beach Nuclear Plant, )
Units 1 and 2) )
CERTIFICATE OF SERVICE This is to certify that copies of the. foregoing
" Amendment To Licensee's Motion For Dismiscal Of Intervenor Wisconsin's Environmental Decade, Inc." were served, by deposit
- in the U.S. Mail, first class, postage prepaid, to all those on the attached service list, except that those marked by an-asterisk were served by deposit with Federal Express, this lith day of December.
/bivN W V'
' Telissb{A. ~ Ri,tig@y Q December 11, 1981 I Dated:
l
F UNIIED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board, In.the Matter of )-
)
WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266
) 50-301 (Point Beach Nuclear Plant, )' (OL Amendment)
Units 1 and 21 )
SERVICE LIST Peter B. Bloch, Chairman Charles A. Barth, Esquire '-
Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Hugh.C. Paxton *Kathleen M. Falk, Esquire
'1229 - 41st Street Wisconsin's Environmental Los Alamos, New Mexico 87544 Decade 114 North Carroll Street' Dr. Jerry R. Kline- Suite 208 ,
Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel Stuart A. Treby, Esquire U.S. Nuclear Regulatory Office of the Executive Commission ,
Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory
. . . Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Francis X. Davis, Esq.
Commission Westinghouse Electric Corporation Washington, D.C. 20555 Nuclear Energy -Systems Division
- P. O. Box 355 Atomic Safety and Licensing Pittsburgh, Pennsylvania 15230 ,
Appeal Board Panel l U~. S . Nuclear Regulatory Commission irashington, D.C. 20555 - -
Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
1
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