.

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~ NCHIn the Matter of )

).

CAROLINA POWER & LIGHT COMPANY )AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OLMUNICIPAL 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 EDDLEMANRELATING 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

|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 830914PDR ADOCK 05000400

$}0 PDR

-

.

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, buti

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.

|

*

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.

i

2.

. _ . - , . _ . . . . - . , . . _ _ _ _ _ . _ . _ . _ . - . . . . _ _ _ . _ . _ _ . _ _ _ _ - _ _ _ . _ _ _ - _ - .-

(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. .

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

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.

.

-3-

, . - .-. -- . - . . - - - - _ - -

(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~

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.

-4-

_ . _ _ . _ . . _ _ _ _ _ _

.

~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, ~ understanding ' of all reasons for - such"

state your

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

| 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~

differs from that of the Harris reactors.

15AA-5(a). On what date do you understand that Duke Power Company's McGuire

|- 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

| that uhit?:

,

-5-_. , _ . _ _ _. . _ --.. _ _ _ _ _ _ _ _ . _ _ . . _ _ _ _ _ _ - . _ - - - , _ _ _ .,. -, _

.

(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.~ .

(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.

-6-

. . . . . _ _ _ _ _ _

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,

<

| Dale E. Hollar| Carolina Power & Light Company

P. O. Box 1551-

Raleigh, North Carolina 27602(919) 836-8161

|

Attorneys for Applicants:

iThomas A. Baxter, EsquireJohn H. O'Neill, Jr., Esquire'

~

Shaw, Pittman, Potts & Trowbridge1800 M Street, N. W.Washington, D.C. 20036(202) 822-1000,

Richard E. Jones, EsquireSamantha Francis Flynn, Esquire'

Carolina Power & Light CompanyPost Office Box 1551Raleigh, North Carolina 27602

,*

| (919) 836-6517

<

Dated: September 14,1983

-7-

-

,

00',K E T ED

UNITED STATES OF AMERICA 21 WNUCLEAR REGULATORY COMMISSION

3 oR116 A11:15BEFORE THE ATOMIC SAFETY AND LICENSIN 3

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 OLMUNICIPAL 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 COMPANYPost Office Box 1551Raleigh, North Carolina 27602

(919) 836-8161,

Dated: September 14,1983

|

,

|

1

_. - - . _ . _, _ _ . , _ . . . . . . _ . __ _ _ ,

. .,

.

00(.KETEDnu:

'

.

'83 SEP 16 All :15UNITED 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 OLUnits 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.

b. &Dale E. HollarAttorneyCarolina Power & Light Co,mpanyPost Office Box 1551Raleigh, North Carolina 27602(919) 836-8161

- Dated: September 14,1983

!

|

e .

i

s

--- -n-, - - , - , , - - , - . - , - , , , - , , , , ,,- ,,-

. . - . - . _ - - -- - - - . - =_ . . - . ._ . . .

.

.-. .

.

SERVICE LIST.

John D. Runkle, EsquireJames L. Kelley, Esquire ,-

Atomic Safety and Licensing Board Conservation Council of North CarolinaU. S. Nuclear Regulatory Commission 307 Granville Road -

,

Washington, D. C. 20555 Chapel Hill, North Carolina 27514 .

.

Mr. Glenn O. Bright M. Travis Payne, EsquireAtomic Safety and Licensing Board Edelstein and Payne.

U. S. Nuclear Regulatory Commission Post Office Box 12643Washington, D. C. 20555 Raleigh, North Carolina 27605

Dr. James H. Carpenter Dr. Richard D. WilsonAtomic Safety and Licensing Board 729 Hunter StreetU. S. Nuclear Regulatory Commission Apex, North Carolina 27502Washington, D. C. 20555 . .

Mr. Wells EddlemanCharles A. Barth, Esquire 718-A Iredell StreetMyron Karman, Esquire Durham, North Carolina 27705

. Office of Executive Legal Directori . U. S. Nuclear Regulatory Commission Thomas A. Baxter, Esquire

Washington, D. C. 20555 John H. O'Neill, Jr., Esquire, Shaw, Pittman, Potts & Trowbridge4

Docketing and Service Section 1800 M Street, N.W.'

Office of the Secretary Washington, D. C. 20036U. S.-Nuclear Regulatory CommissionWashington, D. C. 20555 Dr. Phyllis Lotchin

108 Bridle Run v

Mr. Daniel F. Read, President . Chapel Hill, North Carolina ' 27514Chapel Hill Anti-Nuclear

Group Effort Bradley W. Jones, EsquireU. S. Nuclear Regulatory CommissionPost Office Box 524

.

Region IIChapel Hill, North Carolina 27514101 Marietta Street

Dr. Linda Little . ^ tlanta, Georgia 30303.

Governor's Waste Management Board513 Albemarle Building Robert P. Gruber325 Salisbury Street Executive DirectorRaleigh, North Carolina 27611 Public Sthff

North Carolina Utilities Comm'ission| Ruthanne G. Miller, Esquire . Post Office Box 991

Atomic Safety and Licensing Raleigh, North Carolina 27602'

i Board PanelU. S. Nuclear Regulatory CommissionWashington, D. C. 20555.

" '.

+

i

3 -,w - r .-.- , -. - ..t.e,- - ' , . . ---,.,._-,,..-.--.-.._y.- -. ..-,e. ,%,- . .--- - . -,, -.- . . - -