ML20011A559
| ML20011A559 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 10/02/1981 |
| From: | Murphy P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
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| ISSUANCES-OL, NUDOCS 8110130554 | |
| Download: ML20011A559 (34) | |
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1 UNITED STATES OF AMERICA .
NUCLEAR REGULATORY COMMISSION I '
2 ATOMIC SAFETY AND LICENSING BOARD & [
-u I 3 O I. 8 IN THE MATTER OF ) fOgggg,gl83t 4 ) Ar:h COME.0NWEALTH EDIS0N COMPANY ) Jocket Nos. I 5 ) STN 50-454-OL gf e (Byron Station, ) STN 50-455-OL 6 Units 1 and 2 )
7 8 TRANSCRIPT OF PROCEEDINGS had in the 9 ab ov e- en t i tl ed m a t t er at Suite 4200, One First 10 National Plaza, Chicago, Illinois, en the 2 ri d day 11 of October, A.D. 1981, commencing at 1:50 p.m 12 Chic ago , Illinois, time.
I 13 14 BEFORE (Via Speakerphone):
i 15 United States of America, 16 Nuclear Regulatory Commission, Atomic 5stety and Licensing Board:
17 MR. MARSHALL F. MILLER, Chairman; 18 DR. RICHARD F. COLE, Commissioner.
19 PRESENT (Ir Chicago, Illinois):
20 MESSRS. ISHAM, LINCOLN & BEALE, 21 (One First N a tic n al Plaza, Chicago, Illinois 60603), by:
22 MR. MICHAEL 1. MILLER and MR. PAUL M. MURPHY, 23 appeared on behal' of Commonwealth Edison 24 Company;
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'I PARTICIPANTS (Via Speakerphone):
i 2 MR. STEVEN C. G0LDBERO, MISS YOUNG, and 3 MR. ROSSIN, United States Nuclear Regulatory Commission, 4 Office of the Executive Legal Director, '
Washington, D.C. 20555);
5 6 MR BRUCE VON ZELLEN, Department of Biological Sciences, 7 Northern Illinois University, i' DeKalb, Illinois 60115).
8 9
10 l
11 12
( 13 REPORTED BY:
14 MS, R05 ANNE M. GONZALES, C.S.R.
15 16 17 18 i
19 20 21 22 23 24
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3 1 ( 9' H E R E U P O N , there was a short 2 interruption.)
3 MR. MILLER: Judge Miller?
4 CHAI MAN MILLER: Yes.
$ MR. MILLER: This is Mike Miller.
6 CHAIRMAN MILLER: How are you?
7 MR. MllLER: Fine. How are you?
8 CHAIRMAN MILLER: Fine.
9 MR. MILLER. h' e l l , Paul Murphy is with me, and 10 1 also have present in my of' ice a Co ur t Reporter to 11 transcribe the conference c all .
12 CHAIRMAN MILLER: All right.
13 First of all, what is the Court Reporter's 14 name?
15 T F. E COUkT REPORTER: It is Rosanne Gonzales.
16 MR. MILLER: Rosanne Gonzales.
17 CHAIRMAN MILLER: Rosanne Gonzales. All right.
18 Let me indicate that I am using a 19 speakerphone. My fellow Bo ar d member, 'D r . Richard 20 Cole, is here with me The of" ice door is closed, 21 but we will be the only two. But I am using a 22 speakerphone.
23 Do you wish to go ahead and identify the 24 people who are on no w?
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4 l MR. MILLER: Yes, sir.
2 we are he e for the applicant, 3 Commonwealth Edison Company.
4 CHAIRMAN MILLER: All right.
5 MR. GOLDBERG: Steve Goldberg, NRC staff.
6 I am al so using a speakerphone, including --
7 CHAIRMAN MllLER: Okay. Who is on your 8 speakerphone? Fardon me?
9 MR. GOLDBERG: dith me are my two c o-co un s el en 10 the bar e change, --
11 ..RMAN tilLLER: Just give us their names.
12 Mk. GOLDBERG: -- Miss Young and Mr. Rossin.
Ia CHAIRMAN MILLER: Let me say what I forgot to 14 indica e before. You know, these speakerphones, in 15 case there is an overlap in voices, will pic k up the 16 louder or the loudest, yo! see, so we have to be 17 careful ,ot to ov erl ap , so we wi l l tr y to go one at 18 a time.
19 Now, let me ask who has not yet identified EU himself or herself for the record, please?
21 MR. VON ZELLEN: This is Br uc e von Zellen.
22 CHAIRMAN MILLER: I can't hear that very well.
I 23 MR. VON ZELLEN: My name is Bruce --
24 CHAIRMAN MILLER: Bruce.
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c 1' MR. VON ZELLEN: -- Von Zellen.
2 CHAIRMAN MILLER: I
- i'i n k we aet you at the 3 pr e- h e ar i ng conference, didn't we?
4 MR. V0N ZELLEN: I am not sure who you ar e .
5 CHAIRMAN MILLER: I am Marshall Miller, the 6 Chairman of this pr o c e e d i n g .
7 MR. V0N ZELLEN: Oh, okay.
8 CHAIRMAN MILLER: 90w do you spell your last 9 name?
10 MR. t0N ZELLEN: "V" as in Victor --
11 CHAIRMAN MILLER: Right.
12 MR. VON ' ELLEN: o-n
, 13 CHAIRMAN MILLER: Right.
14 MR. VON ZELLEN: "Z" as in zebra -
15 CHAIRMAN MILLER: Right.
16 MR. V0N ZELLEN: E-1-1-e-n.
17 CHAIRMAN MILLER: Right. Okay. Let's see.
18 A r. j o n e el s e ?
19 MR, MILLER: Judge Miller, I should state for 20 the record and for the benefit of yourself and the 21 other parties, that Mr. Cherry, who represents the 22 Rockford Chapter of the Illinois League of Women 23 Voters, was informed yesterday that this conference 24 call would be pl ac ed and was ad v 's ed this morning WOLFE, ROSENBERG L ASSOCIATES, INC.
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6 l tnat it would be pl ac ed at this time. Indeed, it
' 2 was pl ac ed after noon to ac c omod at e nim.
3 At 1:30 p.m., he c all ed my office, and 4 cithough I was here, left a message for my sec r et ar y, 5 w h 'i c h stated t h at he could not participate in the 6 conference call.
n espite the fact that he is not present, 8 I would like, with the Chairaan's permission, to 9 proceed wi t h the substance of the call. ,
10 CHAIRMAN MILLER: Let me inquire, first of all, 11 is there anyone on the line who does epresert the 12 League of Wcmen Voters of Rockford County, anyone
( 13 f r.o m Mr. Cherry's office or a r. y o n e el s e , an attorney 1
14 or e n o n- a t t o r n e y?
15 Apparently not. I don't hear an yo n e .
16 Well, I'm not sure how much we can 17 ac com pl i s h in the ab s en c e of some representative of 18 the League of Women Voters. It is true t h at they 19 have been given notice, as Mr. Miller has indicated 20 for the recorc 21 We would like to have that verified in 22 writing, Mr. Miller, wnen you have the opportunity, 23 but we currently accept yo. representation to the 24 Board that t h at is a fact.
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7 1 Let me ask you, though, more preliminarily, 2 as a special matter, could you indicate the nature 3 of the matters you wisn to go into in this 4 conference call, absent, under those circumstances, i
5 of the League or of its counsel?
6 MR. MILLER: Well, the matters that we wish to 7 go into eally relate to what I cuess I woulo 8 char ac teri ze as a flaunting of this Ro3rd's order of 9 August 18th with respect to prompt responses to 10 outstanding discovery, and that holds true both for 11 DAARE and SAFE, r e p r e s e n t ed on this telephone 12 conference call by Dr. Von Zellen, and the League of 13 Women Voters, represented by Mr. Cherry.
14 CHAIRMAN MILLER: As a preliminary matter, let 15 me inquire from Mr. Von Zellen whether or not hr 16 represents the intervenors that yca a l l t; d e " to. The 17 intervenors. I suppose, are D-A-A-R-E/5-A-F-E.
18 MR. VON ZELLEN: Sir, initially, there were 19 three of us. They were 011 faculty . embers at the 20 Univer'ity in DeKalb.
21 Since that tiie, one of us took another 22 position and is -- is working at the University 23 outside of Wa s h i n' to n , D.C. That leaves two of us, 24 Professor Axel Meyer of the Surgery Department, and i WPLFE, ROSENBERG & ASSOCIATES, INC.
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8 l myself of the Department of Eiological Sc1ences, 2 that have been taking ouer as far as we can in this 3 matter.
4 It seems to me, though, that there is some 5 confusion. How can I say this?
6 Some months ago --
and I don't have the 7 exact date, Ken Levin, c o un s el at that time, since 8 he was asking mora fo r his services than we could 9 afford, we therefore terminated him by letter 10 My understanding was that he would then 11 notify you that this took pl ac e .
I 12 Keeks went on, and we had reason to wonder
. 13 what was happening with the possible changes at the i
14 nuclear po we r plant.
15 I sent letters to the NRC counsel at that 16 time, Mr. Myron --
17 MR. MILLER: Myron K arm an , sir?
18 :'. R . VON ZELLEN: Myron Kerman 19 I also told Mr. Karman in two letttrs and 20 two phone c alls of the change of counsel, of the 21 head counsel.
22 Another two letters, as a matter of fact, 23 c ame from Mr. Goldberg, who I take it now is the 24 r e pl ac e:ien t for Mr . Karman, that we were not to WOLFE, ROSENBERG & ASSOCIATES, INC.
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9 1 inquire -- I was not to inquire, but to go through 2 my attorneys -- go through our attorneys.
3 He then wrn.e this l a s t' letter, telling 4 Mr. Gcidberg ag ai n that we have ne counsel. So that 5 I am saying this because I have been not -- I nave 6 not been clear as to the dates. I understand from 7 the last letter from Mr. Goldberg -- and I think it 8 is November 1st of discovery -- is only indirectly 9 h av e I hearJ this has taken pl ac e .
10 I have not been receiving an y of the 11 documents that -- ex c e pt from Commonwealth Edison, 12 I did receive two documents from Commonwealth Edison 13 a b.o u t this matter. I have r ec e i v ed nothing from the 14 NRC.
15 And I have asked Mr. Goldberg in my last 16 letter and of D AARt/ 5 AFE for all of the official 17 reci+_tions within, say, the last s'x months.
18 CHAIRMAN MILLER: Anybody else care to comment?
19 MR. GOLDBERG: Mr. Goldberg.
20 CHAIRMAN MILLER: Right.
21 MR. GOLDBERG: A gentleman and I hav.
22 c o r r e s po nd ed on some of the matters that he raises, 23 and I am certain that t h .: re will be ad d i t i o n al 24 correspondence on his last letter.
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10 1 If he is now identifying nimself as tne 2 authorized representative of intervenor DAARE/ SAFE 3 nce at the proceedings, he will form o ur service 4 list accordingly.
5 I also recently claimed prior in the 6 proceedings' progress, and I am not aware of 7 communications that Mr. Von Zellen may have had wi t h 8 that organization's prior counsel.
9 However, if I might just offer the comment, 10 I am not sure that that would serve to relieve that 11 organization of any obligation or observation of the 12 Board matter. Maybe that if I were to look at our l 13 o f.f i c i a l service list, th t it might contain either 14 Mr. Von Zellen or Dr. Meyer from those persons on 15 the list.
16 As a matter of fact, as I look at a
! 17 discovery request that the staff f il ed on l
18 September 29th, I see that it does contain l
19 Or. Meyer's name amo ng those persons on the service 20 list to whom this was sent.
l l 21 But we will certainly, on Dr. Von Zellen's 22 representation -- if I understand it correctly --
23 have the key prior counsel, Levin, as the authorized 2a reprvsentative of intervenor DAARE/ SAFE to make that WOLFE, ROSENBERG & ASSOCIATES, INC.
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11 1 our future service.
2 And I would al so say in that capacity that 3 Dr. Von Zellen should direct his correspondence to t
the NRC staff and the pd> ties ard would other 5 represp.catives o' the p;rty not f orm ally to member 6 or members of the staff.
7 CHAIRMAN MILLER: 1: e l l , the Board has not 8 received, nor has it been aware of the situation 9 that Mr. Von Z e l l en has described.
10 It is, of course, the responsibility of 11 l the intervening parties, DAARE and SAFE, to handle i
12 matters in ac c ord anc e wi t h our Rules of Pecctice.
( 13 The fact that they may have or have h ad a lawyer or 14 written letters or otherwise is the case in their 15 own i ntern al correspondence, in no way, now or in 16 the futurc, is going to relieve them of their 17 responsibilities, including the order entered by 18 this Board, directing them to file f o r t hwi t h 19 Responses to Interrogatories.
20 MR. VON ZELLEN: I have not receivet that order.
21 CHAIRMAN MILLEP: Well, you should have 22 received it. Somebody received it, because it was 23 m a il ed o'.
2 /. You are responsible. We are not going to
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j try to figure out who struck down and who gets 2 serv ic e , because if it is circularized -- and 3 counsel for staff has indicated one recently i
4! contained that of yi- u r associate, as I understand it, 5 designed to bring this portion of the in a t t e r to a 6 head.
7 We will rule right now that we must have 8 styles promptly and forthwith, in writing, the names 9 and addresses of who ev er now purports to in fact be 10 authorized to represent DAARE, 0-A-A-R-E, and SAFE, 11 S-A-F-E; and upon the filing of such representations 12 in writing, in entry of appearance, it will be r 13 incumbent upcn that person to immediately fulfill 14 all of the obligations which have been imposed in 16 whatever form upon that intervenor.
16 We will permit Mr. Von Zellen to j 17 participate in this conference with the
! 18 representation that he does have authority to and l
l 19 does represent DAARE/ SAFE, and that he will pr om ptl y 20 cause to be filed a written entry of appearance and 21 will pr om pt l y comply with the orders that were 22 e n t er ed by this Board in August.
23 Is that un d e r s too d , Mr. Von Zellen?
24 MR. VON ZELLEN: I would add, too, that i
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1 Prcfesser Meyer, I would hope, would also -- his 2 name would al s o be on the list.
3 CHAIRMAN MILLER: We can't have a lot of people 4 on the list. If you are going to have more than one, 5 you are going to have to designate who is the 6 primary representative, because parties cannot be 7 required to have multiple mailing lists. It is one 8 person.
9 Now, if you want to have several names, 10 that is fine. But we are not going to require 11 everybody to serve and then have service pinged .
12 emong many various people. In other words, t here i s 13 go.ing to be an effort to settle down and decide who le is th. primary representative, designated in writing, 15 and wculd have one person who may be sucj ec t to d
16 service by m a il or other aperopriate forms and shall
, 1: be responsible fc- the ensuing representation.
18 This isn't something you c an split up or 19 deal wi t h in f orm ally, Mr. Von Zellen, and that is 20 what I am tr yi ng to communicate to you. You must 21 abide by the rules.
22 MR. VON ZELLEN: That i s al l very well and good 23 when normal, but you are in a situation here where 24 Professor Meyer was out of the country for a year.
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we attend various conferences. We can't get 2 out of them.
3 I can't be assured that I will ev en be --
, it would be much -- it would certainly be reasonable 5 to have two people and not be ov er wh el m i n g ,
6 in f ormi ng us of this intervention.
? CHAIRMAN MILLER: You have become six.
8 You have heard the Board's ruling. Either 9 you name someone -- we don't care who it is ,
but 10 do it in writ g; and that one person, pending 11 notice to the contrary, will be the recipient of al l 12 notices.
{ 13 You will have to comply with our rules.
14 We are not going to be able to actcamodate the 15 u r. u s u a l circumstances, but we feel sure that we can 1 ." straighten it out. At least the organization can, 17 becauso the organization admitted tne intervention.
18 All right. What next?
I 19 MR. MILLER: Judge Mille <, this is Mike Miller 20 agnin.
21 The reason for doing this by way of 22 confercnce call is t h at we have been totally l
23 frustrated in our efforts to obtain discovery from 24 the League of Women Voters and from DAARE and SAFE.
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15 l We are facing a d i sc ov er y cuto'f date of 2 November 1st, 1981; and I want to make it clear at 3 the outset that we do not seek any extension of that 4 date.
5 But despite promises by Mr. Cherry on 6 behalf of the L e ag ue to answer Interrogatories --
7 the Interrogatories that you ordered answered on 8 August 18th, forthwith -- as I say, in spite of his 9 representations that they would be answered by 10 October 1st, we were i n f o rm ed yesterday that he had 11 not prepared Answers and would not be serving 12 Answers on us because of a dispute between his 13 cl.ient and Commonwealth Edison Company at the 14 Illinois Commerce Commission.
15 We need the Answers to those 16 Interrogatories so t h at we c an notice up depositions 17 and get them concluded before the discovery cutoff 18 date of November 1st.
19 And the situation, I think, has gotten to 20 the point, really, where sanctions against the 21 League and its counsel are appenpriate. We have 22 just simply been completely horsed around -- and I i
l 23 use those words advisedly -- in an effort to get a l
24 start at understanding what the bases for the l(
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i 16 1 cedgur's contentions bre in th;s procc_ ding.
2 CHAIRMAN MILLER: Did I understand that there 3 was a representation or promise of some kind from I 4 Mr. Cherry that Answers would be filed by Oc to t a' 1, 5 1981, on behalf of DAARE/ SAFE 7 6 MR. MURPHY: 'Yes.
7 This is Paul Murphy, also of Isham, 8 Lincoln, and Beale, for Commonwealth Edison Company.
9 Shortly after the Board's order of 10 August 18th, wherein Commonwealth Edison Com p a n y was 11 directed to discus! Answers to Inte: Sgatories with 12 the Leaoue, and where DAARE and f 4. F E had been
( 13 o r.d e r e d to answer forthwith, I called Dr Axel Meyer 14 of DAARE/ SAFE.
15 And I was informed at that time that n:
16 was discussing with Myron Cherry the possibility 17 that Myron Cherry would take responsibility for 18 preparing Answers to Interrogatories on behalf of 19 DAARE and SAFE.
20 I then called Myron Cherry's office and 21 was i n f o rm ed that that i n d e ed was the case, and 22 Myron Cherry agreed to answer Interrogatorics on 23 b e h ?> I f of both parties, not later than October 1st.
24 This followed a number of telephone WOLFE, ROSENBERG & ASSOCIATES, INC.
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17 1 conversations and personal meetings. I spoke to 2 Myron Cherry's office on August 25th, September 3rd.
3 I wrote a l e t t er to Myron Cherry'on September 4th.
4 I had a personal meeting in my office on 5 Ecptember 10th and September 15th.
C And the final ag r e em en t on timino was 7 c r-f i rn ed in a letter dated Septemb6r 16th, which I 8 also directed to all members of the Bo ar d , and you 9 saould have that -- you should have r ec eiv e: it.
10 CHAIRMU Mii.ER: Yes. But my question is 11 answered, then, I take it, that Mr. Cherry, while 12 not entering an appearance on behalf of DAARE/ SAFE, c 13 m Ad e certain reprett'tations that he would file 14 Answers on their behalf?
15 Is that what you are t ell i ng us?
16 MR. MURPHY: Yes, ysur Honor.
17 I was in f orm ed by Dr. Meyer that Myron 18 Cherry would do so , and Myron Cherry confirmed that 1
19 he would do so. And I have dealt, therefore, with 20 Myron Cherry in all instances in attempting to get 2 Answers to Interrogatories.
22 CHAIRMAN MILLER: All right. We wi l l take 23 things one at a time.
94 In the first place, this is much too WOLrF, ROSENBERG & ASSOCIATES, INC.
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18 1 i n f o rm al for you to take the word of Mr. Cherry or 2 anybody else that he is going to prepare Answers for 3 a party whom he does not represent and for whom he 4 has not entered his appearance.
5 We have entered this orcer because we 6 tried to bring to the attention of all parties and 7 their repres(ntatives, the lesyers and nonlawyers, 8 so we intend for err rules to be followed with 9 reasonable strictness. This is an example, 10 We have the letter of September 16, 1981.
11 I c an see what the letter states.
12 But there was no action taken by motion or
( 13 otherwise to inform the Boaru or t i. ask for action 14 with regard to either of the responses which were 15 directed to be forthw' by our o rd er of August 16 the 18th, 1981.
17 So we suggest now that as far as DAARE and 1S SAFE is concerned, that you back up. The Board 19 ex pec t s to receive, shortly and pr om pt i y, a written 20 entry of appearance by whomever is going tc 21 represent DAARE and SAFE; and that forthwith, 22 respenses will be filed.
23 It is the responsibility of that -
24 interyenor how it is tone. B :> t it is c. o t going to WOLFt, ROSENBERG & ASSOCIATES, INC.
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l 19 1 be sufficient for them to say that Mr Cherry or i ? a .. y o n e else will do something in the future.
3 Only p r om pt act1<1 by W h om e s er is 4 designated by DAARE and SAFE can respond to the 5 forthwith selection of our August 18 order; and full, 6 com pl e t e , and responsive Answt 's will be considered.
7 And I just might as well warn .: h i s intervenor that 8 if t r. y don't start complying with our orders and 9 following the Rules of Practice of the Commission, 10 they will put their continued representation as a 11 party in jeopardy.
12 Now, just a mom en t .
( 13 COMMISSIONER COLE: Doctor Von Zellen, this is 14 Dr. Ccle a'th the L i c e n s i ri g Department.
15 Can you hear me?
16 MR. VON ZELLEN: Yes, sir.
17 C 0'1 M '. S S I O N E R COLE:
. Do you have copies of the 18 Commenwealth Edison first volume of Interrogatories 19 to DAARE and SAFE?
20 MR. VON ZELLEN: I do.
21 COMMISSIONER COLE: You do. ,
22 How long have you hac them, sir? Have you 23 had them since June?
24 MD. VON ZELLEN: I wouldn't be surprised.
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20 l COMMISSIONER COLE: All right, then. Thank you.
2
.i R . MILLER: Judge Miller?
3 CHAIRMAN MILLER: Yes.
4 MR. MILLER: This is Mike Miller ag ai n .
5 CHAIRMAN MILLER: Yes.
6 MR. MILLER: May I respectfully request that a 7 date certain be e s t a b l i s h ed by which these steps are 8 tc ce taken by DAARE and SAFE?
9 CHAIRMAN MILLER: Well, inasmuch as o ur revised 10 schedule, entered September the 9th, 1981, does 11 provide for the cutoff of November 1, 1981, as the 12 last date for completion of discovery pending under 13 our August 18 order, and includes Answers to 14 Interrogatories, production of documents, and 15 depositions, we are going to have to enter a pretty 16 short rule, because we don't intend to have the 17 schedule clipped because of the inettentiveness of 18 t h'e parties for reasons indicated by tneir 19 representative in this conference.
20 We will hear from Mr. Von Zellen on that.
21 We are thinking in terms of about ten days.
22 Mr. Von Zellen, would y;u care to address 23 that?
24 MR. VON lELLEN: Well, I would respectfully WOLFL, ROSENBERG & ASSOCIATES, INC.
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21 l' request t h a! the order of August 18th that was sent 2 out, since that will be mailed to us, that we would 3 see that.
4 CHAIRMAN MILLER: You tike the neces ary steps 5 to do that. The Bo ar d isn't going to consider being 6 a post office, and you should have made that inquiry 7 a long time ago, you or somecne on behalf of thic 8 ii.t- anor, Mr. Von Zellen.
s .i R . VON ZELLEN: I wpuid also request that the 10 revised schedule of September 9th be sent to us as 11 well.
12 CHAIRMAN MILLER: It was eailed tc som eo n e .
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13 Whoever r ec ei v ed the information ' r.
accordance with 14 the certificate is your own situation, so we wi l l 15 < therefore deny that request.
16 You may obtain the information, I am sure, 17 from another counsel's staff, but the Board isn't 18 go;ng to get involved in that.
19 Now, we are going to give you ten days, 20 Mr. Von Zellen, not only to immediately cause to be 21 entered a written appearance by whomever your E2 organization represents, but to have, more 23 significantly, the Answers and Responses to the 24 I n t e r r i .: a t o r i e s which were mailed, according to our i
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2E l' information, in June. about June the 8th, 1981, and l
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2 which were the subj ect of a Board order of August 3 the 18th, 1981.
4 So we will -- we will direct your 5 organization now to file responsive Answers on or 6 before October the 13th, 1981. The 12th is a 7 holiday.
8 At least it is a Federal holiday.
9 We wi'i expect the Answers, then, to be 10 lodged with the Bo a rd and with the other parties on 11 the service list by Tuesday, October '3th,
. 1981.
12 : What we will take up next is the question i
( 13 of. the League of Women Voters. We have the letter 1/ of September 16, 1981. We have hea'd the 15 representations of counsel.
16 Howete*, we feel that in this regard, it 17 would be necessary for ur to receive a written i
18 motion s e t t i r. g forth the bounds and the action 19 requested by c o un s el for the applicant. So I will 20 say that the Board takes very seriously the matters
- 21 of noncompliance, b ut we dc not i n t e
- :d to have 22 slippage in the dates we have set up to terminate i
23 discovery of other matters, which means +nat the 24 november 1, 1981, date is a matter of ex tr eme l
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l rm9 CHICAGO, ILLIN0IS (312) 782-8087 l
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f ._ _
23 1 significance, both to the League of Women V o t.e r s 2 and to the other parties.
3 However, since we d o n ' t' have c o u n s el or a 4 representative here in this conference of the League, l
5 we w ill go no farther than that.
6 But we will request and direct that 7 written motions be s u bmi t t ed promptly to the Board 8 for appropriate action, and we caution the 9 intervenor, the League of Women Voters of 10 Rockford County, Illinois, that by being in 11 default on e'ponses, discovery, and so forth --
12 i n c l u d i r. g all matters that are necessary to r 13 comply with the scheduled date, I believe the 14 November 1, 1981, cutoff date -- that it 15 behooves them to give this matter direct and if urgent attention.
17 So we will wait on that situation a little 18 bit, on the f il i ng of the moticos, and to have 19 present counsel. And we wooid prefef to have t more 20 complete and f orm al record r e s olv ed in that regard.
21 Are there any questions?
22 MR. VON ZELLEN: This is Von Zellen.
23 If you were leading up to the League of 24 Women Voters to some penalties, where you said WOLFE, ROSENBERG & ASSOCIATES, INC.
rmg CHICAG0, ILLIN0IS (312) 782-8087
24 1 s om e t h i ng ,ab o ut a f i nd i ng of default if they are not 2 answered by the termination date of the League of 3 Women Voters first, I didn't h e ar you clearly in 4 that conclusion.
5 CHAIRMAN MILLER: I said default, in the sense 6 that they are presently in default, just as your 7 intervenors ar e in default of responses to requested g 8 Interrogatories, which have been f i l ed with you as 9 of June. And the date of the 30 days has long since 10 expired.
11 That is the sense in which I was using the 12 default in discovery.
c 13 When I intend to use the term default in 14 any other sense, I will do so explicitly and in
, 15 writing, stating the grounds, if we reach that point.
16 MR. VON ZELLEN: I c r. l y want to -- I don't want 17 this conference to go to completion before --
18 CHAIRMAN MILLER: Pardon me?
19 MR. V0N ZELLi': I want to be -- I want to be 20 sure tnat I tell you that frem my experience with ,
21 our group, we find it habitually impossible for us 22 to be able to answer the very extensive -- in our 23 judgment -- questinns of Commonwealth Edison and 24 DAARE/ SAFE.
I WOLFE, ROSENBERG & ASJJCIATES, :NC.
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25 1 You have already ruled, and I am aware of 2 that. I just want you to know that that is a very 3 shurt time for persons like ourselves, who have 4 full-time jobs.
5 ' :i A I R M A N MILLER:
, Well, we can be symnathetic, 6 Mr. Von Zellen, but we must enforce our rules.
7 And you are ignoring the fact that those 8 were served upon you, and apparently r ec e i v ed by you,
? in June. That is a period of ov er three months. ,
10 So it isn't that y?u are being suddenly 11 confronted with a 10-day date. You are being given 12 leave probably to file what is late at this point,
( 13 but you are being given ten days to rectify the 14 default, answering those Interrogatories, and in 15 which your party now stanis.
16 MR. V0N ZELLEN: 1 openly acknowledge that 17 Commonsealth Edison received the -- that I received (
1 18 the Commonwealth Edison Request for Interrogatories.
- 19 There was one other document that they have sent, i
! 20 I fail to remember right now which one it was.
21 90eever, I am not and did not see any of 22 the orders from the Atomic Safety and Licensing I
23 Board. I have just -- I have not been aware that we 24 have been ordered, and I did not know that you had l
l WOLFE, ROSENBERG & ASS 0;IATES, INC.
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26 1 answered Commonwealth Edison's motion to force us to i
2 i respond. I just was not aware of that.
I i
3 But be that as it may, I understand, and 4 I will respond.
5 , MR. MURPHY: Dr von Zellen, this is Paul 6 Murphy.
7 And I did speak to your colleague, 8 Dr Ayel Meyer, towards the end of August, at which 9 time I informed him of the existence of a new 10 schedule and the existence of the Board's or eer on 11 discovery.
12 And I talieve at that time, he 13 acknowiedged r ec e i pt . He certainly knew at that 14 time that DAARE and SAFE had been ordered to respond 15 forthwith to our Interrogatories.
16 CHAIRMAN MILLER: Very well, i 17 Is there anything further now t h at you 18 ladies and gentlemen wi s h to go into at this 19 telephonic conference?
20 MR. MILLER: No, sir.
1 21 CHAIRMAN MILLER: If not, we will reauest the 22 Reporter, Miss Gonzales, kindly to type up the notes 23 which she has been taking and to supply the Board, 2d at any rate, with copies.
(
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27 1 And I assume that counsel will make
' 2 arrangements for those parties who may desire to 3 have a transcript of the conference c all .
4 MR. VON ZELLEN: I would like to talk --
5 CHAIRMAN MILLER: Anything further that you 6 wish?
7 MR. VON ZELLEN: I would like to talk to 8 Mr. Goldberg for a second.
9 CHAIRMAN MILLER: Yes. Go ahead.
10 MR. V0N ZELLEN: Mr. Goldberg?
11 MR. GOLDBERG: Yes?
12 MR. VON ZELLEN: Would it be possible for you
, 13 to send a copy of the 18th -- the August 18th order 14 and the September 9th r ev i s ed schedule?
15 MR. GOLDBERG: It will be in the mail today.
16 MR. VON ZELLEN: And will I be hearing from the --
17 I want to be sure ab o ut this.
l 18 In my letter, I inquired of the Project 19 Manager -- and his name escapes me, but he is a new 20 person, I believe -- of the change in the disposal 21 of the low level of radioactive wastes on the Br yo n 22 site.
l 23 Will that go through vu? Will you supply l
24 me with that information?
! WOLFE, ROSENBERG & ASSOCIATES, INC.
l rmg CHICAGO, ILLIN015 (312) 782-8087
28 1 MR. GOLDBERG: We will answer your September 21st A 2 letter.
3 And you should --
if you haven't al r e ad y --
4 received a letter from me dated September 29.
5 MR. VON ZELLEN: Well, you are saying that I --
6 i n s tf ad of writing letters of discovery to the 7 Project Manager, they should be directed to you?
8 MR. GOLDBERG: That's correct.
9 Now, they could be -- they should be 10 s e rv ed as a pleading on the NRC staff with service 11 on the balance of the parties and the Board.
12 MR. V0N ZELLEN: Oh, I see. So, okay.
r~ 13 . MR. GOLDBERG: The same f o rm at as the pleadings 14 that have been g e n er a t ed to date.
15 MR. VON ZELLEN: That's all I have to say.
16 CHAIRMAN MILLER: Very well.
17 Anything further from anyone?
18 MR. MILLER: No, sir. Nothing from 19 Commonwealth Edison Company.
20 CHAIRMAN MILLER: All right.
21 Thanks very much, and we vill ask the 22 Reporter to let us have a copy of the tr an sc r i pt as 23 soon as reasonably conyenient.
24 MR. MILLE' Thank you, sir.
l l
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i 29 l 1 MR. M i r. P H Y : Thank you, i 2 CHAIRMAN MILLER: Bye.
3 MR. MILLER: Good-bye.
4 (WHICH were all the pr oc eed i n g s had 5 in the f o r e g o i rig cause on this date, 6 October 2, 1981.)
7 8
9 10 11 12
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9 30 i
l' ! STATF 0F ILLIN0IS )
) SS:
2 COUNTY OF C 0 0 K )
3 4 i I, ROSANNE M. G0f: MALES, a Certified I
5 l Shorthand Reporter of s he State of Illinois, do 6 hereby certify that I reported in shorthand the 7 proceedings h ad at the telephonic conference call 8 aforesaid, and that the foregoing is a true, 9 complete and correct transcript of the proceedings ,
i 10 of said telephonic conference call as appears from l I
11 my stenographic note. so taken and tr an sc r ib ed under 12 my personal direction.
13 IN WITNESS WHEREOF, I do hereunto set 14 my hand at Chic ag o , Illinois, *his 5th day of 15 October A.D. 1981.
16 I
17 Jn.
w ~ Cert . .R .
18 \ ifie Short.and le+p o r t e r ,
19 20 ..S.R Certificate No 84-1388 21 22 j 23 24 WOLFE, ROSEN8 ERG & AS50sIATES, INC.
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'fuy UNITED STATES OF AMERICA M[ q NUCLEAR REGULATORY COMMISSION a
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'l ATOMIC SAFETY ANE I.ICENSING BOARD ! '
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' S' COMMONWEALTH EDISON COMPANY )
)
Docket Nos.
~
_.fi f) ,'~ *
) STN 50-454-OL (Byron Station, ') STN 50-455-OL Units 1 and 2 )
Notice of Filing Please tak'c .totice that on this date I have filed with the Chief, Docketing and Service Section the original >
a Transcript of a telephone conference call held on October 2, 1981.
Dated: October 6, 1981.
Respectifully bmitted O
h Paul M. Murph/
AWue Attorney for [
Commonwealth Edison Company Michael I. Miller, Esq.
Paul M. Murphy, Esq.
Alan P. Bielawski, Esc.
< ISHAM, LINCOLN & BEAL 1' Gne First National Plaza Suite 4200 '
Chicago, 121inois 60603 (312)558 300
l J i
- 1 i .
CERTIFICATE.OP SERVICE The undersigned, one of the attorneys for Common-wealth Edison Company, certifies that on this date he filed l
two copies (plus the original) of the attached pleading with the Secretary of the Nuclear Regulatory Commission and served a copy of same on each of the persons at the addresses shown on the attached service list by United States mail, postage prepaid.
Date! October 6, 1981 .
/
6 f Paul'M.' Murphy s@r 4
4 k
I i
COMMONWEALTH EDISON COMPANY - Byr n Stction Docket Non. 50-454 cnd 50-455 Marshall E. Miller, Esq., Chairman Dr. A. Dixon Callihan Atomic Safety and Licensing Board Union Carbide Corporation Panel P.O. Box Y U.S. Nuclear Ru.alatory Commission
. Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Mr. Steven C. Goldberg Dr. Richard F. Cole Ms. Mitzi A. Young Atomic Safety and Licensing Board Office of the Executive Legal Panel Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Tschington, D.C. 20555 Washington, D.C. 20555 Myron M. Cherry, Esq. Atomic Safety and Licensing Appeal Cherry, Flynn & Kanter Board Panel One IBM Plaza U.S. Nuclear Regulatory Commission Room 4501 .
Washington, D.C. 20555 Chicago, Illinois 60612 Atomic Safety and Licensing Board Secretary Panel Attn: Chief, Docketing and U.S. Nuclear Regulatory Commission Service Section Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chief Hearing Counsel Ms.. Betty Johnson Office of the Executive Legal 1907 Stratford Lane Director Rockford, Illinois 61107 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
i Dr. Axel Meyer Department of Physics Northern Illinois University DeKalb, Illinois 60115 Dr. Bruce von Zellen Department of Biological Sciences Northern Illino s University DeKalb, Illinois 60115 d
1
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