ML20024B971
| ML20024B971 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 07/08/1983 |
| From: | Matt Young NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8307120066 | |
| Download: ML20024B971 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C09911SSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of COMMONWEALTH EDISON COMPANY Docket Nos. 50-454 50-455 (Byron Station, Units 1 and 2) i NRC STAFF NOTICE OF APPEAL i
AND LIST OF EXCEPTIONS TO THE LICENSING BOARD MEMORANDUM AND ORDER OF JULY 1, 1983
' D I'GNIT F g C'e:tified By L
Mitzi A. Young July 8, 1983 Counsel for NRC Staff
$09 8307120066 830708 PDR ADOCK 05000454 lf C
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-454
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50-455 (Byron Station, Units 1 and 2)
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NRC STAFF NOTICE OF APPEAL AND LIST OF EXCEPTIONS TO THE LICENSING BOARD MEMORANDUM AND ORDER OF JULY 1,1983 l
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Mitzi A. Young July 8, 1983 Counsel for NRC Staff l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of COMMONWEALTH EDISON COMPANY Docket Nos. 50-454 50-455 (Byron Station, Units 1 and 2)
NRC STAFF NOTICE OF APPEAL AND LIST OF EXCEPTIONS TO THE LICENSING BOARD MEMORANDUM AND ORDER OF JULY 1, 1983 I.
On July 1, 1983, the Atomic Safety and Licensing Board (" Licensing Board") issued an order in which it clarified its June 21, 1983 ruling on the Rockford League of Women Voters and DAARE/ SAFE (" Joint Intervenors") motion to reopen and directed the Staff to provide a full evidentiary showing and explanation of pertinent investigations of a l,
contractor's quality assurance program during an August 9 hearing session. Specifically, the Licensing Board directed the Staff (1) to l
make a full evidentiary presentation on allegations made by confidential informants referred to in NRC Region III testimony presented during the operating license hearing in April 1983 and (2) to produce relevant I
documents pertaining both to allegations which have been documented in l
inspection reports and to allegations which are the subject of ongoing inspection by Region III and investigation by the Office of l
l Investigations (01).
Id. at 4.
The Staff agreed to provide testimony 1
~.. -.... -. about allegations made by confidential infomants regarding the contractor which have been closed in inspection reports. The Staff objected, however, to providing information, including documents, regarding allegations received from confidential informants which are the subject of ongoing investigation and inspection until the allegations are resolved inNRCinvestigationandinspectionreports.N During a conference call between the Board and parties, the Staff requested the Board to certify the matter to the Appeal Board. The Licensing Board denied the Staff's request for certification because the Licensing Board believed the Staff had not provided enough infomation astothebasisfortheStaff'sobjectiontotihe'disclosureofinformation about allegations which are t'he subject of an ongoing inspection and investigation. M. at 3.
The Staff also moved for a protective order pursuant to 10 CFR 5 2.740(c)(1),'(4) with respect to documents related to ongoing inspections and investigations on the grounds that the documents are within the scope of the investigatory exemption set forth in 10 CFR 52.790(a)(7). The Licensing Board similarly denied that motion. M. at 4.
Accordingly, pursuant to 10 CFR 5 2.762(a) the NRC Staff hereby appeals to the Atomic Safety and Licensing Appeal Board from the above Order of the Atomic Safety and Licensing Board entered in this action on July 1, 1983.
y TheStaffreceived64 unique (i.e.,non-repetitive) allegations regarding the Hatfield Electric Company, an electrical contractor at Byron. Twenty-nine have been inspected and documented in Region III inspection reports. Thirty-five are still the subject of ongoing inspection by Region III and investigation by the Office of Investigations (OI). Of the 35 allegations still under investigation Region III is pursuing 26 allegations and 9 have been referred to 01.
II.
Tne Staff hereby takes exception to the Licensing Board's July 1, 1983 Memorandum and Order in the following respects.
1.
The Licensing Board erred in directing the Staff to present testimony at the August 9 hearing session about allegations regarding an electrical contractor at Byron which are the subject of ongoing NRC investigation and inspection. Order at 1-3.
2.
The Licensing Board erred in airecting the Staff to produce documents in advance of the August 9 hearing session and in denying the Staff's claim of exemption for investigatory records pursuant to 10 CFR 5 2.790(a)(7) with respect to documents related to allegations which have not been resolved in inspection and investigation reports. Order at 4.
Respectfully submitted, R
Mitii A. Young Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of July, 1983
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tEISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of COMMONWEALTH EDISON COMPANY Docket Nos. 50-454 50-455 (Byron Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF NOTICE OF APPEAL AND LIST OF EXCEPTIONS TO THE LICENSING BOARD MEMORANDUM AND ORDER OF JULY 1, 1983" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class,'or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, or an indicated by double asterisks, by express mail, this 8th day of July, 1983.
- Stephen F. Eilperin, Chairman
- Dr. Richard F. Cole Administrative Judge Administrative Judge Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555
- Christine N. Kohl
- Michael Miller, Esq.
Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Appeal Board Three First National Plaza l'
U.S. Nuclear Regulatory Comission Chicago, IL 60602 Washington, DC 20555 Mrs. Phillip B. Johnson
- Dr. Reginald L. Gotchy 1907 Stratford Lane Administrative Judge Rockford, IL 61107 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Ms. Diane Chavez Washington, DC 20555 326 N. Avon Street Rockford, IL 61103
- Ivan W. Smith, Chairman Administrative Judge Dr. Bruce von Zellen Atomic Safety and Licensing Board c/o DAARE U.S. Nuclear Regulatory Comission P. O. Box 261 Washington, DC 20555 DeKalb, IL 60015
- Dr. A. Dixon Callihan Region III Administrative Judge U.S. Nuclear Regulatory Comission Union Carbide Corporation Office of Inspection & Enforcement P. O. Box Y 799 Roosevelt Road Oak Ridge, TN 37830 Glen Ellyn, IL 60137 l
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Doug Cassel, Esq.
- Jane Whicher, Esq.
4 109 N. Dearborn Street Chicago, IL 60602 Ms. Pat Morrison 5568 Thunderidge Drive Rockford, IL 61107 l
Joseph Gallo, Esq.
Isham, Lincoln & Beale Suite 840 1120 Connecticut Avenue, NW Washington, DC 20036
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
- Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 l
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Mitzf6A. Moung l
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