ML20080B876

First Set of Interrogatories & Request for Production of Documents on Contention I-41.Certificate of Svc Encl

ML20080B876
Person / Time
Site:	Limerick
Issue date:	02/03/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	LIMERICK ECOLOGY ACTION, INC.
Shared Package
ML20080B812	List: ML20080B808 ML20080B820 ML20080B830 ML20080B876
References
NUDOCS 8402070309
Download: ML20080B876 (12)

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'84 RB -6 Ali :37 UNITED STATES OF AMERICA cr p cE cr SEC~h. M '

NU6 LEAR REGULATORY COMMISSION:0CEWi ^ i- '

!,3 A NCH Before the Atomic Safety and Licensing Board In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO LIMERICK ECOLOGY ACTION ON CONTENTION I-41 -

l Pursuant to the Rules of Practice of the Nuclear Regulatory Commission ("NRC"), 10 C.F.R. S2.740 (b) , and the Atomic Safety and Licensing Board's Memorandum and Order (October 28, 1983), Philadelphia Electric Company ("Appli-cant") hereby propounds the following interrogatories to Limerick Ecology Action (" LEA") to be answered fully in writing, under oath, in accordance with the definitions and instructions below.

Additionally, pursuant to 10 - C . F . R . $2.741, Applicant requests that LEA produce for inspection and copying (or provide copies of) those documents designated by it in its respective answers below.

Definitions and Instructions

1. For each interrogatory, please state the full l name, work address, and title or position of each person providing information for the answer to the interrogatory.

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2. The following definitions shall apply:

a. " LEA" shall refer to LEA or any official, officer, member, employee or consultant thereof,

b. " Document" shall mean any written, printed, typed or other graphic matter of any kind or nature, and all mechanical and electronic sound recordings or transcripts thereof, in the pos-session, custody, or control of LEA, or its officials, employees, or agents; it shall also mean all copies or drafts of documents by what-soever means made,

c. "Date" shall mean the exact day, month and year, if ascertainable, or, if not ascertainable, the best approximation (including the event's relationship to other events in the relevant context of the interrogatory).

d. "NRC" or " Commission" shall mean either the Atomic Energy Commission or the Nuclear Regulatory Commission, as appropriate, including its regu-latory staff and adjudicatory boards, as indicated by the context of the interrogatory.

e. "Specify", when referring to a proceeding before the Nuclear Regulatory Commission, means that the answer shall set forth the proceeding, applicant, docket number, relevant date, and any other descriptive information appropriate to the request.

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f. "Specify" or " identify", when referring to an individual, corporation, or other entity, means

. that the answer shall set forth the name, present or last known work address, and, if a corporation or other entity, its principal place of business or, if an individual, his or her title or titles and employer. Once an individual corporation or other entity has been thus identified in answer to an interrogatory, it shall be sufficient thereaf-ter when identifying that individual, corporation or other entity to state merely his, her or its name.

3. These interrogatories request all knowledge and information in City's possession and/or knowledge and information in the possession of city of ficials, officers, agents, representatives, consultants, and unless privileged, attorneys.

4. In each instance in which an interrogatory re-quests a statement of City's assertion, contention, view or opinion, the answer shall also contain a full discussion of the factual basis for the assertion or opinion.

Interrogatories

1. State whether LEA intends to present any expert witnesses on the subject matter at issue in Contention I-41, as stated in Limerick Ecology Action's letter dated September 28, 1983 and admitted by the Licensing Board in its Memorandum and Order dated October 28, 1983 (slip op, at

i p1 1). If so, identify each expert witness and state (a) his professional qualifications; (b) the subject matter on which the expert is expe,cted to testify; (c) the substance of the facts 'and opinions to which the expert is expected to testify; (d) the grounds for each opinion. Identify by court, agency or other body, each proceeding in which such individual rendered testimony on this subject.

2. State whether LEA intends to present any factual witnesses on the subject matter at issue in Contention I-41.

If so, identify each such factual witness and further state (a) his professional qualifications; (b) the subject matter on which the witness is expected to testify; (c) the sub-stance of the facts to which the witness is expected to testify. Identify by court, agency, or other body, each proceeding in which such individual rendered testimony on this subject (s) .

3. Identify by title, author, publisher and date of issuance or publication, all documents that LEA relies upon as a basis for contentions or that LEA intends to use (by way of reference or evidentiary proffer) in presenting its direct case in cross-examining other witnesses on Contention I-41 and all documents to which LEA intends to refer in

! conducting cross-examination of other witnesses who may testify in connection with any such contention.

I 4. To the extent that your answer to any interroga-tory is based upon one or more documents, (a) identify each l

such document on which your answer is based; (b) identify l

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P the specific information in such document upon which you rely; (c) explain how the information provides a basis for your answer. .

5. To the extent that your answer is based upon any study, calculation, research or analysis, (a) describe the nature of the study, calculation, research or analysis and identify any documents which discuss or describe the study,  ;

calculation, research or analysis; (b) identify the per-son (s) or entity (ies) who performed the study, calculation,  :

research or analysis; (c) describe in detail the information which was the subject of the' study, calculation, research or analysis; (d) describe the results of such study, calcu-lation, research or analysis; (e) explain how such study, calculation, research or analysis provides a basis for your answer.

6. To the extent .that your answer is based upon conversations, consultations or correspondence or other communications with one or more individuals or entities, please identify each such individual or entity; (b) state l the educational and professional background of each such individual, including occupation and institutional affil-iations; (c) describe the nature of each communication, including time and context, and describe the information received from each such individual or entity; (e) explain how such information provides a basis for your answer.

7. To the extent that LEA possesses information or f documents expressing facts or opinions which are relevant to 1

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P the specific interrogatories below, but which do not support intervenor's pcsition or which have not otherwise been fully provided in the answers thereto, please provide such information and documents.

8. Define the following terms as utilized in Con-tention I-41 as admitted in relationship to the Limerick Denerating Station giving the specific basis or reference for such definitiens. If you are aware that any of the definitions utilized by you differs from ones utilized by Applicant or NRC, state the comparable definition and discuss the specific differences; (a) safety systems; (b) non-safety systems; (c) systems interaction; (d) systems interaction analysis; (e) failure combinations.

9. Specify each and every way or instance in which Applicant or Staff has failed to take into account or improperly taken into account systems interaction in their analysis of the reliability of systems to determine whether there are reasonable assurances that the Limerick design adequately protects the public from credible accidents.

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10. Specify each and every way or instance in which l Applicant or Staff has failed to take into account or improperly taken into account classification and qualifica-tfon of systems important to safety in their analyses of the reliability of systems to determine whether there is reason-able assurance that the Limerick design adequately protects the public from credible accidents.

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11. Specify each and every way or instance in which Applicant or Staff failed to properly determine which sequence of accidents should be considered within the design basis for Limerick.

12. Specify each and every way or instance in which Applicant's or Staff's determination of sequences of acci-dents to be included within the design basis of Limerick has failed to take intc account systems interaction.

. 13. Specify each and every way or instance in which Applicant's or Staff's determination of sequences of acci-dents to be included within the design basis of Limerick failed to properly take into account classification and qualification of systems important to safety.

14. Specify each and every way or instance in which Applicant or Staff failed to or inadequately determined whether the design basis of the plant adequately protects against every such sequence determined by them to be within the design basis for Limerick.

15. Specify each an'd every way or instance in which c

Applicant or Staff failed to or inadequately took into account systems interactions in the determination of the adequacy of protection for sequences of accidents which they have included within the design basis for Limerick.

-16. Specify each and every way or instance in which Applicant or Staff failed to or inadequately took into account classification and qualification of systems impor-tant to safety in the determination of the adequacy of

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Y protection for sequences of accidents which they have

'/=g included within the design basis ~for Limerick.

17. Specify each and every way or instance in which Applicant or Staff failed to or inadequately applied proper systematic methodology such as the fault tree and event. tree logic approach 'to analyze the . reliability of systems to determine whether there is reasonable assurance that the Limerick design adequately protects the public from credible accidents.

18. Specify each and every way or instance in which Applicant or Staff failed to or inadequately applied proper systematic methodology to analyze the reliability of systems to determine whether there is reasonable assurance that the Limerick design adequately protects the public from credible accidents.

19. Specify each and every way or instance in which Applicant' or Staff failed to or inadequately identified the

' items for the Limerick Generating Station to which General

Design Criteria 1, 2, 3, 4, 10, 13, 21, 22, 23, 24, 29, 35, and' 37 apply and to demonstrate compliance with these criteria.

Request for Production of Documents j Please attached to your answers to the interrogatories listed above a copy of all documents applicable to such answer or upon which you otherwise intend to rely in the presentation of your direct case or in the cross-examination of other witnesses, whether or not they support your i.

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J' contentions. Alternatively, please stcte that all such documents will be produced at a reasonable time and place to be agreed upon by the Applicant for inspection and copying.

Respectfully submitted, CONNER & WETTERHAHN, P.

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Mark J. Wetterhahn Counsel for Philadelphia Electric Company February 3, 1984

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UNI'TED-STATES OF AMERICA NUCLEAR EEGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company '

) Docket Nos. 50-352 s ) 50-353 (Limerick Generating Station, )

Units 1 and 2) ' )

x, CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's First Set of Interrogatories and Request for Production of Documents to City of Philadelphia on . Contention I-42," " Applicant's Second Set of Interrogatories and Request for Production of Documents to Intervenor'. Limerick Ecology Action on Contention I-42," -" Applicant's First Set of Interrogatories and Request for. Production of Documents to City of Philsdelphia on Contention I-41," and " Applicant's First Set of Interrogatories -a'nd Request ' for Production of Documents to Limerick Ecology . Action on Contention I-41" all dated February 3, 1984 in the caption'ed matter, have been served upon.the following by deposit in the United States mail this 3rd day of February, 1984:

Lawrence Brenner,' Esq. - (2) Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board .U.S. Nuclear Regulatory U.S. Nuclear Regulatory -Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Dr. Richard F. Cole Off .ce of the Secretary Atomic Safety and U.E. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission -

Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Reculatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

Y Atomic Safety and Licensing Steven P. Hershey, Esq.

Board Panel Community Legal U.S. Nuclear Regulatory Services, Inc.

Commission -

Law Center West North Washington, D.C. 20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company ATTN: Edward G. Bauer, Jr. Angus Love, Esq.

Vice President & 107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore, PA 19003 61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.

Sugarman & Denworth Suite Mr. Robert L. Anthony 510 North American Building Friends of the Earth of 121 South Broad Street the Delaware Valley Philadelphia, PA 19107 106 Vernon Lane, Box 186 Moylan, Pennsylvania 19065 Director, Pennsylvania Emergency Management Agency Mr. Marvin I. Lewis Basement, Transportation 6504 Bradford Terrace and Safety Building Philadelphia, PA 19149 Harrisburg, PA 17120

• Phyllis Zitzer, Esq. Martha W. Bush, Esq.

Limerick Ecology Action Kathryn S. Lewis, Esq.

P.O. Box 761 City of Philadelphia 762 Queen Street Municipal Services Bldg.

Pottstown, PA 19464 15th and JFK Blvd.

Philadelphia, PA 19107 Charles W. Elliott, Esq.

Brose and Postwistilo Spence W. Perry, Esq.

1101 Building lith & Associate General Counsel Northampton Streets Federal Emergency Easton, PA 18042 Management Agency 500 C Street, S.W., Rm. 840

• Zori G. Ferkin, Esq. Washington, DC 20472 Assistant Counsel Commonwealth of Pennsylvania Thomas Gerusky, Director Governor's Energy Council Bureau of Radiation 1625 N. Front Street Protection Harrisburg, PA 17102 Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets Harrisburg, PA 17120

• Federal Express

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Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region I .

631 yark Avenue King of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464

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3 Mare J. Wetterhahn I

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