ML20206U748

Response to 860916 Interrogatories & Request for Production of Documents Re Licensing Proceedings.Certificate of Svc Encl.Related Correspondence

ML20206U748
Person / Time
Site:	Diablo Canyon
Issue date:	10/03/1986
From:	Mcgurren H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	CONSUMERS ORGANIZED FOR DEFENSE OF ENVIRONMENTAL
References
CON-#486-0989, CON-#486-989 OLA, NUDOCS 8610080302
Download: ML20206U748 (15)

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00CKETED USHRC October 3,1986

'l 5 0CT -6 P4 ;39 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION (NSE BEFORE THE ATOMIC SAFETY AND LICENSING BOA'RD In the Matter of

)

)

PACIFIC GAS AND ELECTRIC

)

Docket Nos. 50-275 OLA COMPANY

)

50-323 OLA (Diablo Canyon Nuclear Power Plant

)

(Spent Fuel Pool)

Units 1 and 2)

)

NRC STAFF RESPONSE TO CODES INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS I.

INTRODUCTION The NRC staff hereby responds to Consumers Organized for Defense of Environmental Safety (CODES) first set of interrogatories and request for production of documents, dated September 16, 1986.

In addition, the Staff responds, herein, to the discovery request set forth in CODES' letter dated August 27, 1986.

The Staff notes that it is under no obliga-tion to respond to CODES's interrogatories since CODES has not complied with 10 C.F.R. I 2.720(h)(2)(ii). Pursuant to that section of the regula-tions, the Staff may be required to-answer party interrogatories only l

upon a finding of the presiding officer that the answers to the interrog-atories are "necessary to a proper decision in the proceeding" and "are not reasonably obtainable from any other source."

As the Appeal Board has explained, discovery against the Staff stands on a "different footing" than discovery with respect to other par-j ties.

Pennsylvania Power and Light Co.

(Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613,12 NRC 317, 323 (1980). With limited 8610090302 861003

• DESIGNATED ORIGI M

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exceptions, Staff documents that are relevant to licensing proceedings are routinely made available in the NRC Public Document Room.

10 C.F.R. 5 2.790; Susquehanna, supra.

Further,

the Appeal Board, citing Appendix A of 10 C.F.R. Part 2, has observed:

"[t]he contemplation is that these 'should reasonably disclose that basis for the Staff's position thereby reducing any need for formal discovery."'

Susquehanna, supra.

The Staff has voluntarily responded to the interrogatories without the required board order in the interest of expediting the proceeding.

The Staff reserves its right, however, to require that. future discovery requests to it be submitted in compliance with 10 C.F.R. 5 2.720(h)(2)(ii).

In answering these interrogatories the Staff has endeavored, to the extent practicable to fully respond via a search of NRC records and by contacting cognizant NRC personnel and consultants.

However, the Staff does object to CDDES' interrogatories and document requests concerning every "10 C.F.R. 2.4(q) NRC Records and Documents" which relate to the instant matter.

Such discovery requests are unduly burdensome and inconsistent with the discovery principles discussed below.

Specific ob-jections to CODES' discovery requests are set forth below in the Staff's answers.

As a general matter, parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding.

See 10 C.F.R. 5 2.740.

A party is only required to reveal information in its possession or control and need not conduct ex-tensive independent research, although it may be required to perform an investigation to determine what information it actually possesses.

i

Susquehanna, ALAB-613, supra, at 334 (1980).

A partf is not required to produce "all ' books and documents... which are re'evtat and relate to the subject matter....'"

Illinois Power Co. (Clinton Power Station, Unit Nos.1 and 2), ALAB-340, 4 NRC 27, 34 (1976). An adequate re '

sponse to a discovery request can state that the information or document requested is available in public compilations and provide sufficient infor-mation to locate the material requested.

Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No.1), CLI-79-8, 10 NRC 141,147-148 (1979).

If a party has insufficient information to answer an interrogato-ry, a statement to that effect fulfills its obligation to respond, however, if it subsequently obtains the information, it must supplement its earlier response to include newly acquired information.

Susquehanna, LBP-80-18,11 NRC 906, 911 (1980).

In addition, a party is not required to respond to interrogatories calling for pure legal judgements apart from particularization of the facts of the case.

4A Moore's Federal Practice, Section 33.17[2] (1984 ed.);

Kerr-McGee Chemical Corporation (West Chicago Rare Earths Facility),

LBP-85-38, 22 NRC 604, 625 (1985).

Finally, the Commission's discovery rules have incorporated the ex-emptions contained in the Freedom of Information Act in 10 C.F.R.

I 2.790.

Consumers Power Co.

(Palisades Nuclear Power Facility),

ALJ-80-1,12 NRC 117,120-121 (1980).

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II.

INTERROGATORY ANSWERS INTERROGATORIES NO.1 Please specify the complete application in this matter, also:

(a) provide accession numbers for each separate item of the appli-cation in this matter.

(b) provide letter, meeting and document dates for each separate item of the application in this matter.

ANSWER (Schierling)

The application in this matter consists of PG&E letter No.

DCL-85-333, dated October 30, 1985 The PDR accession number is 8511040370-851030.

Further information by PG and E in support of the application was provided in the following submittals:

PG & E Letter No.

Date Accession No.

SER Ref. No.

DCL-85-306 09/19/85 8509260223-850919 2

DCL-85-369 12/20/85 8512300057-851220 7

DCL-85-371 12/24/85 8512310055-851224 8

DCL-86-019 01/28/86 8602050264-860128 9

DCL-86-020 01/28/86 8602050270-860128 10 DCL-86-067 03/11/86 8603180232-860311 11 DCL-86-108 04/24/86 8604290051-860424 37 DCL-86-109 04/24/86 8604290168-860424 38 DCL-86-126 05/09/86 8605140112-860509 40 D CL-86-149 05/28/86 8606030213-860528 49 The information requested by this interrogatory is available in the NRC Local Public Document Room located at the California Polytechnical State University Library, Government Documents and Maps Department, San Luis Obispo, California.

INTERROGATORIES NO. 2 What is the jurisdiction of:

(a) the Commission, (b) the Appeals Board, (c) the Licensing Board in this matter.

ANSWER The Staff objects to this interrogatory.

The information responding to this interrogatory is generally available in the Commissions regulations 1

and case law.

To the extent it calls for research and legal interpreta-tion,

the Staff objects.

See Susquehanna, ALAB-613, at 334; Three Mile Island, CLI-79-8, at 147-148; West Chicago, LBP-85-36, at 625.

INTERROGATORIES NO. 3 i

Differentiate between duty and discretionary powers of:

(a) the Commission, (b) the Appeals Board, (c) the Licensing Board in this matter.

ANSWER This interrogatory calls for a legal interpretation of the Commission's regulations and case law and accordingly is objectionable.

See Susquchanna, ALAB-613 at 334; West Chicago, LBP-85-38, at 625; also, 4A Moore's Federal Practice, Section 33.17(::] (1984 ed.).

INTERROGATORIES NO. 4 Why wasn't a 10 C.F.R. 5 50.23 Construction Permit issued in this matter?

ANSWER In the Staff's opinion the application did not involve a " material al-teration" which, in accordance with 10 C.F.R.

I 50.92 (previously,

10 C.F.R. I 50.91) would necessitate issuance of a construction permit in accordance with 10 C.F.R. I 50.23.

4 INTERROGATORIES NO. 5 Provide a listing of the 10 C.F.R. I 2.4(q) NRC Records and Docu-ments the NRC has evaluated to make the required 10 C.F.R. I 50.59 Determination in this matter and:

(a) provide accession numbers for the above mentioned items (b) provide letter, meeting and document dates for the above men-tioned items.

ANSWER The Staff has made no 10 C.F.R.

I 50.59 determination with regard to the high density rack proposal.

To the extent such information is requested for another matter or proposal it is beyond the scope of the instant proceeding and, therefore,

objectionable.

See, 10 C.F.R. 5 2.740(b)(1).

INTERROGATORIES NO. 6 Provide a listing of the 10 C.F.R 2.4(q) NRC records and documents viewed, utilized and/or available to the NRC in this matter and:

(a) provide the date of the drafting of each of the documents men-tioned above; (b) provide the date when each of the above documents was finalized; (c) provide the date when each of the above mentioned documents became available to the NRC in this matter; and (d) provide the date when each document was viewed by the NRC in this matter.

ANSWER The Staff objects to this Interrogatory as overly broad, burdensome to answer, calling for information readily available to CODES from other sources including the Local Public Document Room, and not necessary to a proper decision in this proceeding.

See Susquehanna, ALAB-613, at 334; Three Mlle Island, CLI-79-8,147-148.

In addition, this request is dupli-cate of CODES' August 27, 1986 request, discussed below.

INTERROGATORIES NO. 7 Please specify the license that is being amended in this matter.

ANSWER (Schierling)

The present matter concerns issuance of Amendment Nos. 6 and 8, dated May 30, 1986, to Facility Operating License Nos. DPR-80 and DPP.-82, issued to Pacific Gas and Electric Company for operation of the Diablo Canyon Nuclear Power Plant, Units 1 and 2 respectively.

INTERROGATORIES NO. 8 In order to simplify the issues in this matter, please specify the assertions and basis in the Safety Evaluation Report of May 30,1986 that speak toward the issues delineated in C.O.D.E.S.' Contention 14 as spec-ified in Appendix A of Memorandum and Order, June 27, 1986.

ANSWER (Schierling)

Regarding CODES Contention 14, the subject of neu-tron embrittlement is not addressed in the Staff's SER.

The subject of metallurgical deterioration is addressed in Section 3 of the NRC staff's SER.

Since it is unclear to the NRC staff what is meant by "environmen-tal stresses", we can not respond to this aspect of this interrogatory at this time.

We have sought clarification of these words in our interrogato-ries filed on CODES on September 16, 1986.

, -INTERROGATORIES NO. 9 Please provide a listing by date and accession number of the docu-ments that reflect the activities and schedule planned during the current outage in this matter.

ANSWER l

The Staff objects to this interrogatory since it requests information that is not relevant to the instant proceeding.

See,10 C.F.R. I 2.740 Information concerning the high-density reracking proposal can be found in the Local Public Document Room.

INTERROGATORIES NO.10 Please provide copies of the documents mentioned in Numbers 1, 5, 6 and 9 above.

ANSWER The documents referenced by CODES in Interrogatory No. I and 1

Interrogatory No. 9 (to the extent the documents relate to the instant proceeding) are available for copying at the Local Public Document Room.

t i

The documents referenced in Interrogatories 5 and 6 concern matters be-yond the scope of the instant proceeding and are, therefore, not rele-vant. See 10 C.F.R. I 2.740.

REQUEST OF AUGUST 27, 1986 Finally, by letter of August 27,1986, ' CODES requested the Staff to

send all 'NRC Federal Records' (see 10 C.F.R. 2.4(q) of the enclosed references" and " indicate the copies reviewed for the SER relating so the reracking of the spent fuel pools."

Attached to this letter were lists containing nearly 250 references.

4

1 1.

ANSWER (Schierling)

In spite of the burdensome nature of this request, to which the Staff objects, the NRC Diablo Canyon Project Manager (Hans Schierling),

contacted the appropriate NRC staff members and consultants who partici-~

pated in the reracking review and contributed to the NRC Safety Evalua-tion of May 30, 1986, and asked them to determine which of the nearly 250 references contained in the CODES letter of August 27, 1986, were relied upon with regard to their input to the SER.

The SER cites 59 different references, 49 in the SER itself, and an additional 10 in the appended Technical Report by the Franklin Research Center (7 other references in that report are duplicative of SER referenc-es.)

The Staff previously provided hard copies of 11 of the 59 referenc-es to CODES (letter from H. Schierling (NRC) to L. McDermott (CODES),

dated July 25, 1986).

The SER relies on all of the 59 references, some in totality, some only in part with regard to the certain aspect being con-sidered and evaluated.

The Staff has in its possession all of these 59 references.

Except for the 59 references in the SER as discussed above (referenced to as primary references), all of the other nearly 250 refer-ences listed in the CODES August 27, 1986 request are secondary type references, that is, they are cited in primary references provided to CODES carlier.

While individual Staff members and consultants could pos-sibly have some of these secondary references in their possession they reported to me that they were not specifically relied on in their evaluation of the rerack application and production of the SER.

It would require an extraordinary effort for these Staff members and consultants to search their offices for this large number of documents.

Moreover, CODES has

not shown that these documents are not otherwise reasonably obtainable or that production is required for a proper decision in this proceeding.

See, 10 C.F. R. I 2. 744. Accordingly, the Staff objects to the production of copies of these secondary references.

The majority of the 59 primary l

references are already available in the Local Public Document Room at the California Polytechnic State University Library in San Luis Obispo, Cali-fornia.

In addition, CODES has been placed on the NRC's and the Li-censee's service lists and, therefore, has already been sent many of the documents requested since mid-May of this year (in addition to having been provided certain references by letter dated July 25, 1986, as noted above).

Nonetheless, the Staff will make available the 59 primary refer-ences for inspection and copying at the NRC Region V Office in Walnut Creek, Californin at a mutually agreeable date and time, to the extent CODES advices the Staff that it is otherwise unable to obtain the docu-ments at the Local Public Document Room.

Ilowever, it should be noted that documents numbers 20 and 46 (as listed as references to the Staff's SER) are proprietary documents which are being withheld from public disclosure pursuant to 10 C.F.R. 9 2.790(a)(4); a non-proprietary ver-sfon of document no. 46 is available.

Respectfully sutmitted, k

NN Ilenry. McGurren Counse for NRC Staff Dated at Bethesda, Maryland this 3rd day of October,1986 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

)

PACIFIC GAS AND ELECTRIC

)

Docket Nos. 50-275 OLA COMPANY

)

50-323 OLA (Diablo Canyon Nuclear Power Plant

)

(Spent Fuel Pool)

Units 1 and 2)

)

AFFIDAVIT OF IIANS SCHIERLING I, Hans Schierling, being duly sworn, state as follows:

1.

I am employed by the U.S. Nuclear Regulatory Commission as a Senior Project Manager for the Diablo Canyon Nuclear Power Plant.

A l

copy of my professional qualifications is attached.

2.

I am duly authorized and have responded to the interrogatories served on the NRC staff by Consumers Organized for Defense of Environ-mental Safety to which my name has been appended to the answer.

I hereby certify that the statements and opinions given are true and correct to the best of my personal knowledge and belief.

I

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~k. N Hans Schierling V

Subscribed and sworn to before me

,this@ day of October,1986

//

/ Not Public 7

My commission expires:

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PROFESSIONAL QUALIFICATIONS HARTMUT E. H. SCHIERLIt'G U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION DIVISION OF PWR LICENSING-A I am currently employed by the U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, as a Senior Project Manager responsible for all licensing aspects associated with the safety and environmental review of the Diablo Canyon Nuclear Power Plant.

I assumed this position in August 1983.

Since December 1981 I had the responsibility for all NRC licensing aspects related to the review and evaluation of the Diablo Canyon Unit 1 Independent l

Design Verification Program Verification effort.

l I have been employed by the U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation since 1969.

During this time I held positions as Project Manager, Systems Analyst, Principal Nuclear Engineer and Senior Project Manager. My assignments were in the licensing of projects, including a standard balance of plant design and fuel densification task force; in the technical review of nuclear power plants, including containment analyses, systematic evaluation program efforts, and radiation dose calculations.

In 1979, I was assigned to the NRC Three Mile Island response team, and later to the NRC evaluation of the TMI accident by the Rogovin Task Force.

In 1980, I was temporarily assigned to the NRC Office of Inspection and Enforcement for the development and implementation of guidelines for the NRC program of the systematic assessment of licensee performance (SALP). During these L

assignments I frequently was designated as acting section leader and branch chief. Throughout my employment I was responsible for the preparation of reports on the specific assignments and for providing input to and issuing safety evaluation reports. My current responsibilities include the coordination of all licensing and technical preparation of license amendments, preparation of internal memoranda, Commission papers and external correspondence.

I studied mechanical engineering at the Institute of Technology in Aachen, West Germany (1955 to 1957) and at South Dakota State College (1957 to 1959) from which I received a Bachelor of Science degree in Mechanical Engineering l

(BSME) in 1959.

From 1960 to 1963 I studied (part-time) Nuclear Engineering at the Catholic University of America and received a Master of Nuclear Engineering degree (MNE) in 1963.

From 1963 to 1970, while being employed at the University as an Instructor and Research Associate in the Department of Nuclear Engineering, I continued my graduate studies towards a Doctor of Engineering degree, completing all course requirements, comprehensive examinations, and research requirements on the subject of two phase flow.

I i

am a member of the Sigma Tau and Sigma XI engineering research societies.

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00LKETED USNPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '86 [ET -6 P4 :39 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFM. c n /t ih r t 00ChlilN3 4 5FPvif.

In the Matter of

)

)

PACIFIC GAS AND ELECTRIC

)

Docket Nos. 50-275 OLA COMPANY

)

50-323 OLA (Diablo Canyon Nuclear Power Plant

)

(Spent Fuel Pool)

Units 1 and 2)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CODES IN-TERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an as-terisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 3rd day of October,1986:

B. Paul Cotter, Jr., Chairman Bruce Norton, Esq.

Administrative Judge Norton, Berry, French Atomic Safety and Licensing Board Panel

& Perkins, P.C.

U.S. Nuclear Regulatory Commission P.O. Box 10569 Washington, D.C.

20555*

Phoenix, AZ 85064 Glenn O. Bright, Esq.

Nancy Culver Administrative Judge 192 Luneta Street Atomic Safety and Licensing Board Panel San Luis Obispo, CA 93401 U.S. Nuclear Regulatory Commission Washington, D.C.

20555*

Mrs. Jacquelin Wheeler Dr. Jerry liarbour 2455 Leona Street 4

Administrative Judge San Li s Obispo, CA 93401 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555*

i Richard E. Blankenburg Philip A. Crane, Jr., Esq.

Co-publisher (77 Beale Street, 31st Floor)

Wayne A. Soroyan, News Reporter P.O. BOX 7442 South County Publishing Company San Francisco, CA f4120 (94106)

P.O. Box 460 Arroyo Grande, CA 93420 i

Docketing and Service Section Mr. Lee M. Gustafson Office of the Secretary Pacific Gas and Electric Co.

U.S. Nuclear Regulatory Commission Suite 1100 Washington, D.C.

20555*

1726 M Street, N.W.

Washington, D.C. 20036-4502 Atomic Safety and Licensing Dr. Richard Ferguson Board Panel Vice-Chairman U.S. Nuclear Regulatory Commission Sierra Club Washington, D.C.

20555*

Rocky Canyon Star Route Creston, CA 93432 Atomic Safety and Licensing Appeal Board Panel (5)

Laurie McDermott, Co-ordinator U.S. Nuclear Regulatory Commission C.O.D.E.S Washington, D.C.

20555*

731 Pacific Street Suite #42 Managing Editor San Luis Obispo, CA 93401 San Luis Obispo County Telegram-Tribune Dian M. Grueneich, Esq.

1321 Johnson Avenue Edwin F. Lowry P.O. Box 112 Grueneich & Lowry San Luis Obispo, CA 93406 345 Franklin Street San Francisco, CA 54102 HdnQ13 M6Gurren CounseTfor NRC Staff i

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