ML20063J243

Second Set of Interrogatories.Certificate of Svc Encl. Related Correspondence

ML20063J243
Person / Time
Site:	Midland
Issue date:	08/30/1982
From:	Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Sinclair M SINCLAIR, M.P.
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8209020350
Download: ML20063J243 (8)

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8/30/82 W W PONDE29t$t DggEED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION h-l gj*D '

crr Doc TAh v BEFORE THE ATOMIC SAFETY AND LICENSING B Vlff In the Matter of: )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

-- . ) 50-329-OL (Midland Plant Units 1 and 2) ) 50-330-OL CONSUMERS POWER COMPANY'S SECOND SET OF INTERROGATORIES TO INTERVENOR MARY SINCLAIR ~~

Pursuant to 10 CRF S2.740b and the Atomic Safety and Licensing Board's Prehearing Conference Order of August 14, 1982, Consumers Power Company (" Consumers Power") requests Intervenor Mary Sincla'ir to answer separately and' fully in writing under oath or affirmation,- each of the following Interrogatories regarding contentions admitted at the pre-hearing conference, within 14 days of service.

INSTRUCTIONS AND DEFINITIONS

1. As used in these Interrogatories, whenever . . .

I appropriate, the singular form of a word shall be-inter-preted as plural and the masculine gender shall be deemed to include the feminine.

2. As used in these. Interrogatories, the term "and," as well as "or," shall be construed either disjunc~

tively or conjunctively as necessary to bring within the .

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s scope of these Interrogatories any information which might otherwise be construed to be outside their scope. .

3. As used in these Interrogatories, .the term

" person" includes, without limiting the generality of its meaning, every natural person, -

cornorate entity, partner-

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ship, association,. governmental body or agency. _

4. As used in these Interrogatories,' the term

" identification" of a-perso or entity includes stating his, her, or its full name, his or her most recent home address and telephone number, his, her, or.its most.recent known business address and telephone number, his or her present position, and his, her, or its connection or association with any party-to this proceeding. .

5. If any of the information contained in the answers to these Interrogatories is not within the personal knowledge of the person signing the Interrogatory, so state and identify each' person, document and communication on which he relies for the informati6n contained in answers not -

b solely based;on his personal. knowledge.

6. If you cannot_ answer any portion of the-I following Interrogatories in full, after exercising dili-gence to secure the information to do so, so state and answer to the extent possible, specifying your inability to answer the I remainder and stating whatever information or knowledge you have concerning the unanswered portions.

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7. If you claim privilege with respect to any information which is requested by these Interrogatories, specify the privilege claimed, the communication and/or answer as to which that claim is.made, the parties to the communication, the topic discussed in the communication and the basis for your claim.

INTERROGATORIES 7, With respect to each Contention advanced by Intervenor Mary Sinclair which has been admitted by the Atomic Safety and Licensing Board'in Prehearing Conference Order of August 14, 1982, in the above-captioned proceeding, subject to restatement, list the following:

a. a concise statement of the' facts supporting each Cdntention together with references to the specific sources and documents and por-tions thereof which have been or will be relied upon to establish such facts;

b. the identity of each person expected to be called as a witness at the hearing;

c. the subject matter on which each witness is expected-to testify;

d. the sub' stance of each witness' testimony.

8. With respect to each witness identified in Intervenor's response to Interrogatory No. 7 above, identify each document which the witness will rely upon in whole or in part in the preparation of his testimony or in the de-velopment of his position.

9. With respect to each witness identified in

L Intervenor's response to Interrogatory No. 7 above, identify the witness's qualifications to testify on the subject matter on which the witness will testify.

10. With respect to Contention 3, provide an an-alysis or discussion of the report " Precursors to Potential Severe Core Damage Accide'ts-n 1969-1979, a Status Report,"

NUREG/CR/2497 (June 1982) .which, .in Intervenor Sinclair's opinion, when added to the DES and FES, would satisfy NEPA and NRC policy. Indicate specifically which, if.anyr por-tions of the DES and FES should, in Intervenor's opinion, be deleted in light of NUREG/CR/2497.-

11. With respect to Intervenor's second to the last sentence of Contention 3, identify what actual accident sequences and significant events Intervenor believes should have been used as the basis for deriving probabilities of severe accidents. In addition, identify what probabilities of severe accidents and associated uncertainties I'ntervenor t

believes are appropriateffor discussion in the FES and DES for Midland.

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12. With respect to the reference.to rebaselining l in the Prehearing Conference Order of August 14,.1982, at page 16, state specifically in what ways, if any, Intervenor finds the process of rebaselining relevant to the final resolution of the issue raised by Contention 3. In addition, provide an analysis or discussion with regard to rebase-

4-5 lining which, when added to the discussion in the FES, In-tervenor believes would satisfy NEPA and NRC policy. Indi-cate which, if any, portions of the discussion of rebase-lining which presently appears in the FES Intervenor believes should be deleted.

13. With respect to Contention'5, identify:

a. what baseline. data Intervenor believes was used in the NRC Staff's analysis of the cooling pond's effectiveness in controlling thermal discharges and ice and fog gener-ation;- ~'

b. specifically how Intervenor believes that "a study based on cooling pond performance in a substantially different climatic re-gion" was used in the Staff's analysis of thermal discharge to the river;

c. specifically what baseline data Intervenor believes should be used to allow the agency and the'public:to reach an informed. decision on the adverse effects of the cooling pond; and d.

how Intervenor believes the data referred to in part "c" should be used in analyzing the l cooling pond's effectiveness in controlling l

' thermal discharges and ice and fog gener-ation.

14. Identify all persons who participated in the preparation of the answers, or any portion thereof, to the Interrogatories.

We respectfully remind Intervenor Sinclair of her l

ongoing duty, under certain circumstances, to supplement responses to this discovery request in accordance with 10 C.F.R. S2.740(e).

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QchaelI. M Counsel for Cob umers (1I m k

Power Company ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois -60602 (312) 558-7500 o

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UNITED STATES OF AMERICA N NUCLEAR REGULATORY COMMISSION EOFSECftg1CE OC Ui"gNCB g

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

) Docket Nos. 50-329-OM

, CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant Units 1 and 2) ) 50-330-OL CERTIFICATE OF SERVICE I, Michael I. Miller, one of the attorneys for Consumers Power Company, hereby certify that a copy of

" Consumers Power Company's Second Set of Interrogatories to Intervenor Mary Sinclair" was served upon all persons shown in the attached service list by deposit in the United States mail, first class, this 30th day of At 2 g

in 5 m W%'

Mi'chael I.

giller g ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 f

e SERVICE LIST F

Frank J. Kelley, Esq. Steve Gadler, Esq.

Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Carole Steinberg, Esq. . -

Assistant Attorney General Atomic Safety & Licensing Environmental Protection Div. Appeal Panel 720 Law Building U.S. Nuclear Regulatory Comm.

Lansing, Michigan 48913 Washington, D.C. 20555 Myron M. Cherry, Esq. Mr. C. R. Stephens One IBM Plaza Chief, Docketing & Services Suite 4501 U.S. Nuclear Regulatory Comm.

Chicago, Illinois 60611 office of the Secretary Washington, D.C. 20555 Mr.'Wendell H. Marshall RFD 10 Ms. Mary Sinclair -

Mic11and, Michigan 48640 5711 Summerset Street Midland, Michigan 48640 Charles Bechhoefer, Esq.

Atomic Safety & Licensing William D. Paton, Esq.

Board Panel Counsel for the IEC Staff U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frederick P. Cowan Atomic Safety & Licensing 6152 N. Verde Trail Board Panel Apt. B-125 U.S. Nuclear Regulatory Comm.

Boca Raton, Florida 33433 Washington, D.C. 20555 Admin. Judge Ralph S. Decker ' Barbara Stamiris Route No. 4, Box 190D 5795 North River Road Cambridge, Maryland 21613 Route 3 Freeland, Michigan 48623 Carroll E. Mahaney Babcock & Wilcox Jerry Harbour P.O. Box 1260 Atomic Safety & Licensing Lynchburg, Virginia 24505 Board Panel

, U.S. Nuclear Regulatory Comm.

James E. Brunner, Esq. Washington, D.C. 20555 Consumers Power Company 212 West Michigan Avenue Lee L. Bishop -

Jackson, Michigan 49201 Harmon & Weiss 1725 "I" Street, NW #506 Mr. D. F. Judd Babcock & Wilcox Washington, DC 20006 P.O. Box 1260 Lynchburg, Virginia 24505 O

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