ML19309C311

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Motion Urging Presiding Officer to Issue Order Requesting NRC to Answer Intervenor 800312 Interrogatories.Proof of Svc Encl
ML19309C311
Person / Time
Site: Byron  Constellation icon.png
Issue date: 03/12/1980
From: Cherry M
CHERRY, M.M./CHERRY, FLYNN & KANTER, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML19309C307 List:
References
NUDOCS 8004080435
Download: ML19309C311 (4)


Text

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& CfC2.E!?ONDENCE JEIJ.T".3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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COMMONWEALTH EDISON CO., ) Docket Nos. STN

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Byron Station ) 50-454 and 50-455

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(Units No.1 and No. 2) ) Operating License e

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MOTION OF LEAGUE OF WOMEN VOTERS OF - l.QP* *< 7 G?gg 4 ROCKFORD, ILLINOIS, THAT PRESIDING OFFICER W F

FIND THAT INTERROGATORY ANSWERS FROM THE .

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NUCLEAR REGULATORY COMMISSION ARE NECESSARY, ETC. C) h g A

The League of Women Voters of Rockford, Illinois

(" League") moves the Presiding Officer, pursuant to 10 C.F.R.

SS 2.718 (f) and 2.720 (h) (2) (ii) , for an entry of an Order requiring Nuclear Regulatory Commission ("NRC") personnel with knowledge of the facts to answer the interrogatories directed to the NRC Staff by the League under date of March 12, 1980, upon the grounds that the information is necessary to a proper decision in this proceeding and the information is-not directly obtainable from any other sources, since the information sought is factual and_ opinion information in the possession of the -

Regulatory Staff.

The information requested of the Regulatory Staff (as well as the information requested of Commonwealth Edison Co. in Interrogatories also filed on March 12, 1980) is also 8004080 1

information without which this Licensing Board will not be able (1) to exercise its responsibilities in this proceeding to provide a fair, impartial and open hearing, or (2) to arrive at sound decision-making concerning the public health and safety and environmental issues raised by potential operation of the Byron Units.

Moreover, without the requested information the League will be severely prejudiced regarding its participation herein, which in turn would frustrate and emasculate the strong federal policy in favor of NRC action only after and upon public hearings where the public's rights (here in part represented by the League) to fair and impartial treatment and to unfettered '

participation is fostered and preserved. Additionally, the information requested herein will be invaluable to the Licensing Board (as well as the parties herein) in arriving at and framing the exact issues to be litigated and which ultimately will be subject to a Licensing Board decision. In a greater sense, the information requested herein will assist the Licensing Board immeasurably in discharging its duties in connection with the serious public health and safety issues raised herein.

Finally, since Licensing Boards, the NRC and the public at large rely heavily upon NRC Staff competence, there can be no sound administrative reason for not requiring the NRC Staff to provide the requested information, most if not all, of which the NRC Staff in the exercise of its regulatory obligations has (or should have) already compiled in the ever.t the NRC Staff is, in fact, exercising its obligations concerning these dockets.

WHEREFORE, the League requests the entry of an Order as first set out above.

Respectfully, ROCKFORD LEAGUE OF WO N VOTERS By:

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Myron M. Cherry CHERRY, FLYNN & KANTER One IBM Plaza Suite 4501 Chicago, Illinois 60611 (312) 565-1177 l

EthLATED ccy- -

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....Yr .t PROOF OF SERVICE I certify that a copy of the foregoing was served, postage prepaid and properly addressed, on counsel of record, members of the Licensing Board, and the Secretary-Docketing Section of the United States nuclear Regulatory Cc=nission this 12th day of March, 1980.

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