ML20080F147

Initial Interrogatories & Request for Production of Documents on Eddleman Contention 15-AA.Notice of Appearance & Certificate of Svc Encl

ML20080F147
Person / Time
Site:	Harris
Issue date:	09/14/1983
From:	Hollar D CAROLINA POWER & LIGHT CO.
To:	Eddleman W EDDLEMAN, W.
References
ISSUANCES-OL, NUDOCS 8309190189
Download: ML20080F147 (10)

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rdLA2ED G1;t.' thal 0.N!!T"O SeptehN,1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION %3 SEP 16 A11:15 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD. CT SECnii:: t CO iEip3 4 sgoc4,,

t~ NCH In the Matter of )

. )

CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50:401 OL

)

(Shearon Harris Nuclear Power Plant, )

Units 1 & 2) )

APPLICANTS' INITIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR WELLS EDDLEMAN RELATING TO EDDLEMAN CONTENTION 15-AA Pursuant to 10 C.F.R. SS 2.740b and 2.741, Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby request that Intervenor Wells Eddleman answer separately and fully in writing, and under oath or affirmation, each of the following interrogatories, and produce and permit inspection and copying of the original or best copy of all documents identified in the responses to interrogatories below. Under the Commission's Rules of Practice, answers or objections to these interrogatories must be served within 14 days after service of the interrogatories; responses or objections to the request for production of documents must be served within 30 days after service of the request.

These interrogatories are intended to be continuing in nature, and the answers I

should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.R.

S 2.740(e), should you or any individual acting on your behalf obtain any new or differing l

information responsive to these interrogatories. The request for production of documents is also continuing in nature and you must produce immediately any additional documents you, or any individual acting on your behalf, obtain which are responsive to the request,in accordance with the provisions of 10 C.F.R. S 2.740(e).

8309190189 830914 PDR ADOCK 05000400

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Where identification of a document is requested, briefly describe the document Q.g , book, letter, memorandum, transcript, report, handwritten notes, test. data) and provide the following information as applicable: document name, title, number, author, .

date of publication and publisher, a'ddressee, date written or approved, and the name and address of the person or persons having possession of the document. Also state the portion - or portions of the document (whether section(s),' chapter (s), or page(s)) upon which you rely.

Definitions: As used hereinafter, the following definitions shall apply:

" Applicants" is intendec to encompass Carolina Power & Light Company, North Carolina Eastern Municipal Power Agency and their contractors for the Harris Plant.

"Documen't(s)*' means all writings and records 5f every type in the possession, control or custody of Wells Eddleman or any individual acting on his behalf, including, but i

not limited to,- memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice' recordings and all other writings or recordings of any kind; " document (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or control of Mr. Eddleman; a document shall be deemed to be within the ,

" control *' of Mr. Eddleman or 'any individual acting on his behalf if he has ownership, possession or custody of the document or copy thereof, or has the right to secure the document or copy thereof, from any person or public or private entity having physical possession thereof.

l GENERAL INTERROGATORIES 1(a). State the name, present or last known address, and present or last known i

employer of each person known to you to have first-hand knowledge of the facts alleged, and upon which you relied in formulating allegations in the contention which is the subject of this set of interrogatories.

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(b). Identify those facts concerning which each such person has first-hand knowledge. -

(c). State the specific allegation in the contention which you contend such facts -

support.

2(a). State the name, present or last known address, and present or last employer of each such person, other than affiant, who provided information upon which you relied in answering each interrogatory herein.

(b). Identify all such information which was provided by each such person and the specific interrogatory response in which such information is contained. .

State the name, address, title, employer and education and professional 3(a).

qualifications of each person you intend to call as an expert witness or a witness relating to the contention which is the subject of this set of interrogatories.

(b). State the subject matter to which each such person is expected to testify.

4(a). Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of, and upon whir . you relied in formulating allegations in the contention which is the subje'et of this set of interrogatories.

(b). Identify the contention to which each such document relates.

(c). State the specific allegation in each contention which you contend each document supports.

5(a). Identify all documents in your possession, custody or contr'ol, including all relevant page citations, upon which you relied in answering each interrogatory herein.

(b). Identify the specific interrogatory response (s) to which each such document relates.

6(a). Identify any other source of information, not previously identified in response to Interrogatory 2 or 5, which was used'in answering the interrogatories set forth herein.

(b). Identify the specific interrogatory response (s) to which each such source of information relates.

7(a). Identify all documents which you intend to offer as exhibits during this proceeding to support the contention which is the subject of this set of interrogatories or which you intend to use during cross-examination of witnesses presented by Applicants and/or the NRC Staff on the contention which is the subject of this set of interrogatories.

(b). Identify the particular page citations of each document applicable to the contention. . .

INTERROGATORIES ON EDDLEMAN CONTENTION 15-AA (CAPACITY FACTOR) 15AA-1(a). Do you allege that the Harris Plant will not operate at a capacity factor of 55 percent or greater?

(b). If your response to Interrogatory 15AA-1(a) is other than an unequivocal "no,"

state in detail the rationale for your response.

(c). If your response to Interrogatory 15AA-1(a) is "no," explain in detail how that response is consistent with your Contention 15AA.

15 AA-2(a). What estimate for the capacity factor do you allege should be used by the NRC Staff in connection with assessing the benefits of the Harris niant?

(b). State fully and in detail the basis for your estimate for the capacity factor of

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the Harris plant.

(c). Provide any calculations, including back-up and support, in your possession that support your estimate of the capacity factor and corresponding operating benefit for the Harris Plant-(d). Describe in detail your professional qualifications and experience to assess the espacity factor of commercial nuclear reactors.

~15AA-3(a). Identify any and all Westinghouse PWR reactors in commercial operation in the world,.the performance of which you allege supports your Contention 15-IA. '

(b). For each reactor identified in response to Interrogatory 15AA-3(a), state the i

lifetime and any relevant annual capacity factors.

(c). For each reactor identified in response to Interrogatory 15AA-3(a) which yc4 allege has performed poorly, ~state your understanding ' of all reasons for - such performance. -

(d). State.in detail your basis for contending that the performance of each reactor identified in response to Interrogatory 15 AA-3(a) is relevant to the expec ted performance.of the Harris reactors. -

15 AA-4(a). Identify any and all other nuclear reactors in the world, the performance of which you allege supports your contention 15-AA.

(b). For each reactor identified in response to Interrogatory 15AA-4(a), state the lifetime and any relevant annual capacity factors.-

(c). For each reactor identified in response to Interrogatory 15AA-4(a) which you 3 allege has performed poorly, state your . understanding of all' reasons for such l performance.

(d). State in detail your basis for contending that the performance of each reactor identified in response to Interrogatory 15AA-4(a) is relevant to the expected j performance of the Harris reactors, particularly in view of the fact that its design

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differs from that of the Harris reactors.

15AA-5(a). On what date do you understand that Duke Power Company's McGuire l- Unit No. I was placed in commercial service?

b). For what length of time do you understand that McGuire Unit No. I had been in commercial operation, as of 12-31-82?

(c). Do you allege that the operation of McGuire Unit No. I from its first date of

- commercial operation through 12-31-82 is predictive of the lifetime capacity factor for l that uhit?

(d). Do you allege that the operation at McGuire Unit No. I from its first date of commercial operation through 12-31-82 is predictive of the expected lifetime capacity" factor for the Harris Units? _

'(e). State in detail the rationale for yoir response to Interrogatories No.15AA-5(c) and (d).

15AA-6(a). What is the " design rating" to which your Contention 15AA refers?

(b). State in detail the basis for your allegation that the Staff's calculation of the capacity factor at 55 percent is "too high even for the design rating"?

15 A A-7. What is your understanding of the definition of Design Electrical Rating (DER)? State in detail the basis for your definition.

15AA-8. What do you understand to be the DER of the Harris Units?

15 A A-9. What is your understanding of the definition of Maximum Dependable Capacity (MDC)? State in detail the basis for your definition.

15AA-10. What do you understand to be the MDC of the Harris Units?

15AA-11. Explain the differences, if any, between your responses to Interrogatory Nos.15AA-8 and 15AA-10.

15AA-12(a). Do you allege that an MDC capacity factor should be used in the NRC Staff's assessment of the benefits of the Harris plant?

(b). If your answer to Interrogatory 15AA-12(a) is other than an unequivocal "no,"

explain in detail how you propose that such a MDC capacity factor can be measured at this time.

15AA-13(a). With respect to the ' Basis" stated for your Contention 15-AA (June 30, 1983 pleading), identify each and every one of the "more stringent regulations and requirements" which you allege affect the capacity factor and which you allege the Harris plant must meet that most operating plants need not meet.

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(b). Describe in detail and quantify how and to what extent each of these regulations and requirements will reduce the capacity factor for the Harris Units.

Specify what percentage reduction in the capacity factor will result from each of the regulations and requirements.

(c). Stat'e in detail the rationale for your response to Interrogatory No.15 AA-13(b).

REQUEST FOR PRODUCTION OF DOCUMENTS Applicants request that Wells Eddleman respond in writing to this request for production of documents and produce the original or best copy of each of the documents identified or. described in the answers to each of the above interrogatories at a place -

mutually convenient to the parties.

Respectfully submitted, l Dale E. Hollar l Carolina Power & Light Company P. O. Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 l

Attorneys for Applicants:

i Thomas A. Baxter, Esquire John H. O'Neill, Jr., Esquire ~

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N. W.

Washington, D.C. 20036 (202) 822-1000 Richard E. Jones, Esquire Samantha Francis Flynn, Esquire Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602

• l (919) 836-6517 Dated: September 14,1983 00',K E T ED UNITED STATES OF AMERICA 21 W NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSIN 33 oR116 A11:15

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0FFl:E CF SECi<E Mr. '

In the Matter of ) DCCKETING & SEFV :3

) BRANCH CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL

)

(Shearon Harris Nuclear Power Plant, )

Units 1 & 2) )

NOTICE OF APPEARANCE . .

The undersigned, being an attorney at law in good standing admitted to practice before the courts of the District of Columbia, hereby enters his appearance as counsel on behalf of Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency in proceedings related to the above-captioned matter.

Respectfully submitted, Dale E. Hollar CAROLINA POWER & LIGHT COMPANY Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 ,

Dated: September 14,1983 l

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00(.KETED nu:

'83 SEP 16 All :15 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF!CE CF SECH.;

COCKE-IING & SE6V:.".:.

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

) '

CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN MUNICIPAL )

POWER AGENCY )

) Decket Nos. 50-400 OL (Shearon Harris Nuclear Power Plant, ) 50-401 OL Units 1 & 2) ) *

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' InitialInterrogatories and Request for Production of Documents to Intervenor Wells Eddleman Relating to Eddleman Contention 15-AA" and " Notice of Appearance *' were served this 14th day of SeptrTber,1983 by deposit in the United States mail, first class, postage prepaid, to the parties on the attached Service List.

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Dale E. Hollar Attorney Carolina Power & Light Co,mpany Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Dated: September 14,1983 l

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SERVICE LIST James L. Kelley, Esquire ,- John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U. S. Nuclear Regulatory Commission 307 Granville Road Washington, D. C. 20555 Chapel Hill, North Carolina 27514 .

Mr. Glenn O. Bright M. Travis Payne, Esquire

. Atomic Safety and Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Commission Post Office Box 12643 Washington, D. C. 20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U. S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D. C. 20555 . .

Mr. Wells Eddleman Charles A. Barth, Esquire 718-A Iredell Street Myron Karman, Esquire Durham, North Carolina 27705

. Office of Executive Legal Director i . U. S. Nuclear Regulatory Commission Thomas A. Baxter, Esquire Washington, D. C. 20555 John H. O'Neill, Jr., Esquire 4 Shaw, Pittman, Potts & Trowbridge Docketing and Service Section 1800 M Street, N.W.

Office of the Secretary Washington, D. C. 20036 U. S.-Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Phyllis Lotchin 108 Bridle Run v Mr. Daniel F. Read, President . Chapel Hill, North Carolina ' 27514 Chapel Hill Anti-Nuclear Group Effort Bradley W. Jones, Esquire Post Office Box 524 .

U. S. Nuclear Regulatory Commission Chapel Hill, North Carolina 27514 Region II 101 Marietta Street Dr. Linda Little . ^ tlanta, Georgia 30303 Governor's Waste Management Board 513 Albemarle Building Robert P. Gruber 325 Salisbury Street Executive Director Raleigh, North Carolina 27611 Public Sthff North Carolina Utilities Comm'ission l Ruthanne G. Miller, Esquire . Post Office Box 991 Atomic Safety and Licensing Raleigh, North Carolina 27602 i Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555.

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