ML19247B217

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Opposes League of Women Voters of Rockford,Il 790625 Request for Postponement of 790725 Prehearing Conference.Failure to Receive ASLB 790608 Notice Is Not Sufficient to Warrant Delay.Certificate of Svc Encl
ML19247B217
Person / Time
Site: Byron  Constellation icon.png
Issue date: 07/02/1979
From: Karman M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML19247B213 List:
References
NUDOCS 7908080195
Download: ML19247B217 (4)


Text

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UNITED STATES OF AMERICA 7/L 79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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Docket Nos. 50-454 COMMONWEALTH EDISON COMPANY

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50-455

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(Byron Station, Units 1 and 2)

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NRC STAFF RESPONSE TO REQUEST OF LE/,GUE OF WOMEN VOTERS OF ROCKFORD ILLIN0IS FOR A POSTPONEMENT OF SPECIAL PREHEARING CONFERENCE On June 25, 1979 Betty Johnson, Chairperson of the League of Women Voters of Rockford, Illinois wrote a letter to the Chairman of this Atomic Safety and Licensing Board requesting postponement of the Special Prehearing Conference, scheduled for July 25, 1979, for at least two weeks. Mrs. Johnson indicates in her letter that she did not receive a copy of the Board's June 8,1979 Notice of Special Prchearing Conference. The first indication she had of such Notice was when Staff Counsel telephoned her on June 25, 1979 to set up a meeting to discuss contentions which are to be filed no latc. than 15 days prior to the holding of the prehearing conference.

On March 23, 1979 the Board issued an Order rnling favorably on the standing of DAARE and SAFE, and the League of Women Voters of Rockford, Illinois.

In addition, Counsel for the Staff and the Applicant met with petitioners in DeKalb, Illinois on March 6, '9/9 to advise them of the general procedures involved in intervening in an NRC licensing case.

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-2 While it may be true that the Board's l'r,tice of June 8,1979 was not received by petitioner, much time has already elapsed since the Board's Order of March 23, 1979, enabling the petitioners to prepare for che submission of contentions. The call from Staff Counsel was made on June 25, 1979 which

'e still 15 days before the contentions must be filed.

It is to be noted that petitioners can still amend contentions after the Special Prenearing Conference with the approval of the presiding officer based on a balancing of the factors specified in paragraph (a)(1) of 10 CFR 62.714.

In addition the Rockford League of Women Voters is the petitioner, and any submittal to state and national headquarters of such organizations is not a valid ground for a delay.

The Staff is of the opinion that the Special Prehearing Conference should bc held as schedaled on July 25, 1979 and that failure to receivc the Board's Notice of Jule 8,1979 is not sufficient to warrant delay, in view of the elapsed time s#nce March and the telephone notification by the Staff on June 25, 1979.

Respectfully submitted,

/, h/d+1x wt.,,g Myr n Karman Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of July,1979.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-454 COMMONWEALTH EDISON COMPANY

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50-455

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(Byron Station, Units 1 and 2)

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s-l CERTIFICATE OF SERVICE i

j I hereby certify that copies of "NRC STAFF RESPONSE TO REQUEST FOR LEAGUE OF WOMEN VOTERS OF ROCKFORD ILLIN0IS FOR A POSTPONEME: ~ OF SPECIAL PRE-l HEARING CONFERENCE" in the above-cartioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 2nd day of July, 1979.

  • Marshall E. Miller, Esq., Chairman
  • Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555

  • Atomic Safety and Licensing Dr..A. Dixon Callihan Appeal Board Panel Union Carbide Corporation U.S. Nuclear Regulatory Commission P. O.

Box Y Washington, D.C.

20555 Oak Ridge, Tennessee 37830

  • Docketing and Service Section Dr. Richard F. Cole Office of the Secretary of the Atomic Safety and Licensing Board Panel Commission U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissica Washingtion, D.C.

20555 Washington, D.C.

20555 Paul M. Murphy, Esq.

Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603 jfj 3bU q

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Mrs. Phillip B. Johnsen 190/ Stratford Lane Rockford, Illinois 61107 Ms. Marty Westerman Route 1, Box 279 St. Anne, Illinois 60964 Dr. Bruce von Zellen Department of Biological Sciences Northern Illinois University DeKalb, Illinois 60115 s

Ms. Beth L. Galbreath 734 Parkview Rockford, Illinois 61107 f

, 4L tc, l p?/ Myron Karman Counsel for NRC Staff 0

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