ML20079R430

Interrogatories & Request for Production of Documents (Fifth Set)

ML20079R430
Person / Time
Site:	Harris
Issue date:	01/30/1984
From:	Bauser D CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	WILSON, R.
Shared Package
ML20079R431	List: ML20079R430 ML20079R439
References
ISSUANCES-OL, NUDOCS 8402020227
Download: ML20079R430 (8)

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Ust4PC Januq)y p@,-190$ 60 UNITED STATES OF AMERICA ' IC NUCLEAR REGULATORY COMMISSION '{II?[T gc BRANCH BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter cf )

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CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN MUNICIPAL ) 50-401 OL POWER AGENCY )

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(Shearon Harris Nuclear Power Plant, )

Units 1 and 2) )

APPLICANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR RICHARD D. WILSON (FIFTH SET)

Pursuant to 10 C.F.R. SS 2.740b and 2.741, Carolina Power

& Light Company and North Carolina Eastern Municipal Power Agency hereby request that Intervenor Richard D. Wilson 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 doc-uments identified in the response 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.

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• These interrogatories are intended to be continuing in na-ture, and the answers should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.R. 5 2.740(e),

should you or any individual acting on your behalf obtain any new or differing information responsive to these interrogato-ries. The request for production of documents is also continu-ing 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. $ 2.740(e).

Where identification of a document is requested, briefly describe the document (e.g., book, letter, memorandum, tran-script, report, handwritten notes, te'st. data) and provide the following information as applicable: Document name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the per-son 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 jou rely.

Definitions. As used hereinafter, the following defini-tions shall apply:

The "SER" is the Safety Evaluation Report related to the operation of the Shearon Harris Nuclear Power Plant, Units 1 and 2, NUREG-lO38 (Nov. 1983).

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The "FSAR" is the Final Safety Analysis Report for the Shearon Harris Nuclear Power Plant, as amended.

" Applicants" is intended to encompass Carolina Power &

Light Company, North Carolina Eastern Municipal Power Agency and their contractors for the Harris Plant.

" Document (s)" means all writings and records of every type in the possession, control or custody of Richard D. Wilson or any individual acting on his behalf, including, but not limited to, memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes c speeches, articles, transcripts, voice record-ings and all other writings or recordings of any kind; "docu-ment (s)" shall also mean copies of documents even though the originals thereof are not in the possession, custody, or con-t trol of Richard D. Wilson; a document shall be deemed to be within the " control" of Richard D. Wilson 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.

General Interrogatories 1(a). 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 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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s n (b)'. Ide'At;ify those facts concerning which each such per-

.x s son has first-h'and. knowledge.

e c) .' " State, the 'spectific allegation in the contention

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t e c, whidh*3. _ 4-you' contend-such facts support.

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2(a)..s-State'tiie,name, w present or last known address, and

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cmpresent or last employery of each person, other than affiant,

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each intettogatory herein. s ,

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(b). Idsntify (  ;

all such information which was provided by each such perdo.n' and the specific interrogatory response in whcih adch information is contained.

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3(a)g. state'-the name, address, title, employer, education

.g o and professional'qualifi' cations of each person you intend to

.o call as an expertlwitness or a witness relating to the conten-

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tion which is the subject of this set of interrogatories.

(b). State theisubject matter to which each such person 1 t is expected to testify.

4(a). Identify all documents in your possession, custody g

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or control, including all relevant page citations, pertaining tothesubjectmattehof, and upon which you relied in formu-

1 lating allegations 'ni the-contention which is the subject of this set.of' interrogatories.

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

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5(a). Identify all documents in your possession, custody or control, 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 informatior., not pre-

-viously 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. 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 in-tend 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.

Interrogatories on Wilson III (Management)

III-1. With respect to each incident at Applicants' op-erating nuclear power facilities which forms the basis for Wilson Contention III, identify (a) the nature of the incident, (b) the date of the incident, and (c) the documents on which you rely for information about each incident, including the specific language on which you rely.

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III-2. Identify the Applicants' document (s) which you de-scribe in Contention III as " unconvincing" evidence of manage-ment capability to operate the Shearon Harris facility.

III-3. Identify the documents on which you rely in your Contention III assertion that the status of the off-gas system at Brunswick is an egregious example of Applicant's lack of commitment to safety.

III-4. Explain why you believe Applicants' noncompliance record at its operating plants establishes that Applicants are unwilling to maintain an adequate quality assurance (QA) and quality control (QC) program for the Shearon Harris facility.

III-5. Explain why you believe Applicants' noncompliance record at its operating plants establishes that Applicants do not have the ability to maintain an adequate QA and QC program for the Shearon Harris facility.

t III-6. In your view, is Applicants' operational QA pro-gram for the Shearon Harris facility improperly affected by fi-nancial considerations? If the answer is affirmative, explain the basis for your answer, and identify ar_y documents, i including specific language thereof, on which you rely.

III-7. Explain why you believe Applicants' noncompliance

-record at its operating plants establishes that the QA program is improperly affected by financial considerations.

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III-8. Do you contend that there are deficiencies in the organization (including structure, staffing and personnel qual-ifications) of QA activities for the operation of the Shearon Harris facility, as described in Applicants' January 10, 1984 Management Capability Report (MCR), a copy of which has been provided to you? If so, identify in de. tail each such deficien-cy, and the reason (s) why you believe it is a deficiency.

III-9. Taking into account Applicants' January 10, 1984 MCR, do you agree with the Staff's conclusion in the SER that Applicants' QA program for operation of the Shearon Harris fa-cility is acceptable (SER, S 17.4)? If not, explain the basis for your disagreement with the Staff.

III-10. Taking into account Applicants' January 10, 1984 MCR, do you take issue with the Staff's conclucion in the SER that the organizations and persons performing QA functions for the operation of the Shearon Harris tacility appear to have the required independence and authority to effectively carry out the QA program without undue influence from those directly re-sponsible for cost and schedules (SER, $ 17.4)? If you dis-agree with this conclusion, explain why you disagree.

III-11. In its September 22, 1982 Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference),

LBP-82-119A, the Licensing Board accepted Wilson Contention III, " subject to the probability that it will later be n

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consolidated with Joint Contention I." See 16 N.R.C. 2069, 2087 (Dec. 1982). Would you be amenable to consolidating Wilson Contention III with Joint Contention I? If not, why not?

Request for Production of Documents ,

Applicants request that Richard D. Wilson respond in writ-ing 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,

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Thomas A. Baxter, P.C.

Deborah B. Bauser SHAW, 7ITTMAN, POTTS & TROWBRIDGE.

1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Richard E. Jones Samantha Francis Flynn CAROLINA P0WER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919)_836-7707 1

i Dated: January 30, 1984 a