ML20003C846

Forwards Jd Deress Affidavit in Response to M Cherry Petitions to Suspend Const of Facilities

ML20003C846
Person / Time
Site:	Byron
Issue date:	02/13/1981
From:	Mark Miller ISHAM, LINCOLN & BEALE
To:	Ahearne J, Gilinsky V, Hendrie J NRC COMMISSION (OCM)
Shared Package
ML20003C847	List: ML20003C846 ML20003C849
References
NUDOCS 8103180573
Download: ML20003C846 (2)

Text

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ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ON C FinST NATIONAL PLA2.A FORTY *SCCOND FLOOR CMICAGO. ILLINOIS 60803 TCLEPMONC 312*S54 7500 TELCX* 2* stas k1.- 3 wasMINGTOes CFFtCC tt2 0lC Oesse tCTICUT Av L' hut. N. W.

SUITC 325 February 13,198F/ ***"'",*3;ag;*,

John F. Ahearne, Chairman SN T1

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Victor Gilinsky, Commissioner Joseph M. Hendrie, Commissioner p

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Peter A. Bradford, Commissioner D United States Uuclear Regulating N gJ 7, s ' N g

Commission D Washington, D.C. 20555 p DOCKETED OJ Harold R. Denton, Director

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Office of Nuclear Reactor Regulation

• D,M 6 Jgg g F United States Nuclear Regulating g  ;

Commission M Washington, D.C. 20555 g ,

Gentlemen:

.We are in receipt of a letter from the office of the Legal Director forwarding a letter dated January 27, 1981 and a supplemental affidavit from My: on Cherry to the Commissioners and Mr. Denton regarding Mr. Cherry's pending petition to suspend construction.of Commonwealth Edison's -

Byron Nuclear Station. To date, because of its total lack of merit, we have deemed it unnecessary to comment upon Mr.

Cherry's petition. At this point, however, we believe that a response, on behalf of the Company, to Mr. Cherry's un-founded accusations is warranted, lest the Commission inter-prets our silence as indicating that the Company places any credence in the matters raised in the pet,ition. '

At the same time Mr. Cherry filed his petition with the NRC, he filed various petitions with the Illinois Commerce Commission relating to_the same matters raised in 9 SC3.

the 2.206 petition, ie., whether construction of the Byron b Station should continue in light of certain " unresolved- ~

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generic safety issues." In response to one of these peti- .f

- tions, Edison filed affidavits, one of which we believe is also relevant to the allegations contained in Mr. Cherry's 2.206 petition. While thr affidavit of Mr. James D. Deress, .

Edison's Project Engineering Manager of the Byron and Braid- .

wood projects, focuses upon economic impacts on Edison of 8103180573 .

G .

s United States Nuclear Regulating Commission February 13, 1981 - Page Two l

generic safety issues, it also discloses the company's plans )

with respect to the genene safety issues raised by Mr. ,  ;

Cherry's petition, and outlines the obvious deficiencies and l inaccuracies of the Affidavit of Messrs. Minor and Hubard.  !

(Mr. Deress' Affidavit is attached.) '

l Mr. Cherry's statement, on pages 3=and 4 of his supplemental affidavit, that Edison " importuned the Illinois Commerce Commission to authorize and direct it to complete the Byron nuclear facility as rapidly as possible" inaccurately depicts the nature of the proceeding before that Commission.

First, contrary to Mr. Cherry's innuendo, the proceediag was commenced as an investigation into Edison's construction program by the Commerce Commission on its own initiative.

Second, and more significantly, the League of Women Voters of Rockford, Illinois, which was represented by Mr. Cherry, intervened, and was admitted as a party to the Commerce Commission proceeding. The League thus had every opportunity to present facts and arguments to the Commerce Commission in support of its position. The League chose not to participate

, in the Commerce Commission proceeding. We believe that Mr.

Cherry's characterizations of the Commerce Commission pro-ceedings, and Edison's role therein, must be interpreted in.

l light of these facts.

l We hope that the matters discussed in this letter l will be useful to the Commission.

l l- Respectfully, -

,-Dx.///Un6

. Michael I. Miller Attorney-for Commonwealth Edison Company MIM/msb l

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