ML20024C787
| ML20024C787 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 07/11/1983 |
| From: | NRC |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20024C780 | List: |
| References | |
| NUDOCS 8307130290 | |
| Download: ML20024C787 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COWilSSION 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 (ByronStation, Units 1and2)
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CERTIFICATE OF SERVICE I hereby certify this lith day of July, 1983, that copies of "NRC STAFF'S MOTION FOR DIRECTED CERTIFICATION" in the above-captioned proceeding were 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 on July 8,1983,- or, as indicated by double asterisks, by express mail on July 9, 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 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 8307130290 830711 DRADOCK05000g
Doug Cassel, Esq.
- Jane Whicher, Esq.
109 N. Dearborn Street Chicago, IL 60602 Ms. Pat Morrison 5568 Thunderidge Drive Rockford, IL 61107
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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 MitzT A.' Young V
Counsel for NRC Staff k
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of the allegations on the record.2_0/ If the Board does not, and decides to close the record, yet still maintains jurisdiction in the case, the Staff would inform the Board of the eventual inspection results.2II In sum, disclosure in testimony now of the details of the uninvestigated allegations and of the status of the Staff's and 01's inspection and investigation, as directed by the Licensing Board, could severely compromise the inspections and investigation result in improper disclosure to the targets of the inspections and investigations, and ultimately result in possibly significant health and safety problems 20/ While the Staff's inspection and enforcement program is not immune from exposition in the litigative process, it does not necessarily follow that a presiding board cannot decide a case without submitting the inspection outcome to litigation as this board has apparently assumed in its order on reopening (see discussion supra at 7).
See Cincinnati Gas and Electric Co. (William H. Zimmer Huclear Power Station, Unit No.1), CLI-82-20,16 NRC 109 (1982),
petition for reconsideration denied, CLI-83-4, 17 NRC (February 18,1983) wherein the Comission reversed a Licensing Board's ruling granting an intervenor's motion to reopen the hearing sua sponte to consider several new contentions in Zimmer pertaining to construction quality assurance. The Commission noted that the issues raised in the several new contentions were being dealt with in the context of an ongoing NRC regional investigation and in the Staff's monitoring of that applicant's quality confirmation program.
It thereby concluded that the Licensing Board had not set forth adequate justification to consider the eight contentions as Board issues and dismissed them from the proceeding. 16 NRC at 110-11. The Licensing Board is presently considering a new Intervenor motion to reopen regarding this matter.
21/ The Staff presently cannot predict when its inspection will be concluded. The fuel load date for the plant is currently scheduled for December 1983. Region III believes that many, if not all, of the allegations would require resolution before that date. The Staff has been advised that due to severe manpower constraints, 01 cannot now provide a date certain by which its pertinent investigation can be completed. The Board has requested and the Staff has endeavored to facilitate that office's potential future participation in this proceeding.
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