ML20028A065

From kanterella
Jump to navigation Jump to search
Application for Subpoenas Directed to Gc Minor,Rb Hubbard, DG Bridenbaugh,Bj Wood & B Johnson Re Design,Const & Future Operation of Plant.Certificate of Svc Encl
ML20028A065
Person / Time
Site: Byron  Constellation icon.png
Issue date: 11/11/1982
From: Bielawski A
COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:
Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8211160370
Download: ML20028A065 (7)


Text

_

w*' Dattd: November 11, 1982 ir 00LKETED UNITED STATES OF AMERICA USNP.C NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSIN3*8E)ANfl 15 - P1 :08 rrm CFSECREMM*

In the Matter of ) t[gpcc & SERVICE

) BHAllCH COMMONWEALTH EDISON COMPANY ) Docket Nos.-50-454-OL

) 50-455-OL (Byron Nuclear Power Station )

Units 1 and 2) )

)

COMMONWEALTH EDISON COMPANY'S APPLICATION FOR SUBPOENAS Pursuant to 10 CFR S2.720, Commonwealth Edison Company (Edison) hereby requests that the Licensing Board issue subpoenas duces tecum directing the following persons to appear and give their depositions before a certified court reporter at the offices of Isham, Lincoln & Beale, Three First National Plaza, Chicago, Illinois 60602, be-ginning at 9:30 A.M. local time, November 29, 1982, and thereafter until said depositions have been completed, and to bring with them the documents described in Attachment A hereto:

Messrs. Gregory C. Minor, Richard B. Hubbard and Dale G. Bridenbaugh, all of MHB Technical Associates, Inc.,

Professor Bernie J. Wood of Northwestern University, and Mrs. Betty Johnson of the Rockford League of Women Voters (League).

The purpose of the depositions is to inquire of each deponent as to his or her knowledge regarding the

.g7 8211160370 821111 PDR ADOCK 05000454 O

PDR

]$h}.

7 design, construction and future operation of the Byron v

Nuclear Power Station and into such other matters which are directly relevant to' issues now before the Licensing Board in this proceeding.

As grounds-for its application, Edison states the following:

1. In its Answers to Edison's First Round of Interrogatories, dated July 6, 1982, the League identifies Messrs. Minor, Hubbard and/or Bridenbaugh as possible witnesses with respect to matters raised by the League contentions. In addition, in its Answers to the NRC Staff's Amended First Set of Interrogatories, dated October 15, 1982, the League identifies Messrs. Minor, Hubbard and Bridenbaugh as having contributed to the preparation of the Answers.
2. The League indicates in its Answers to NRC Staff's Amended First Set of Interrogatories that material for answers to interrogatories related to League Contentions 39 and 109 is being prepared by Professor Bernie Wood, Locy Hall, 1847 Sheridan Road, Evanston, Illinois 60201.
3. In its Answers to Commonwealth Edison Com-pany's Amended Second Round of Interrogatories, the League identifies Mrs. Betty Johnson as one of the individuals who participated in the preparation of the Answers. In addition, in its Answers to the NRC Staff's Amended First Set of Interrogatories, the League states that Mrs. Betty Johnson substantially contributed to the preparation of the Answers.

Finally, Mrs. Johnson verified the truthfulness of both the League's Answers to the NRC Staff's Amended First Set of

. . ~ __ .._ _ _ - . .

Interrogatories, and the League's Answers to Edison's Amended Second Round of Interrogatories.

4. This Board is authorized to issue a subpoena duces tecum in aid of discovery directed to third parties.

Pacific Gas & Electric Co. (Stanislaus Nuclear Project, Unit 1), ALAB-550, 9 NRC 683 (1979).

WHEREFORE, Commonwealth Edison Company respect-fully requests that this Board issue subpoenas duces tecum to Mr. Gregory C. Minor, to appear at 9:30 A.M. on November 29, 1982, to Mr. Richard B. Hubbard, to appear at 9:30 A.M.

on November 30, 1982, to Mr. Dale G. Bridenbaugh, to appear at 9:30 A.M. on December 1, 1982, to Professor Bernie Wood, to appear at 9:30 A.M. on December 2, 1982, and to Mrs.

Betty Johnson, to appear at 9:30 A.M. on December 3, 1982, at the offices of Isham, Lincoln & Beale, Three First National Plaza, Chicago, Illinois 60602, for the purpose of taking their depositions upon oral examination before a court reporter, certified in the State of Illinois, and to provide by November 22, 1982, for inspection and/or copying by Edison the documents described in Attachment A hereto.

Dated: November 11, 1982 Respectfully submitted, l

- _ =

/ Alan P. Tielawski Michael I. Miller One of the Attorneys for Alan P. Bielawski Commonwealth Edison Company ISHAM, LINCOLN & BEALE Three First National Plaza Chicago, Illinois 60602 (312) 558-7500

e ATTACHMENT A TO SUBPOENA DUCES TECUM You are hereby directed to make available, seg-regated by category, on :Tovember 29, 1982, in the offices of Isham, Lincoln & Beale for inspection and/or copying by same, counsel of record for Applicant, Commonwealth Edison Company, the following documents:

Category 1 All documents provided to you by the Rockford League of Women Voters (" League") in connection with any review or analysis performed by you or any member of your firm of Commonwealth Edison Company's Byron Nuclear Power Station (" Byron Station").

Category 2 All documents consulted or reviewed by you or any member of your firm in connection with any review or analysis performed by you or any member of your firm of the Byron Station and which you believe to contain information directly relevant to the safety of the design, construction or operation of the Byron Station.

Category 3 All documents written, dictated, authored, co-authored, or to which you contributed information or ideas of any kind which directly relate or

p refer to the Byron Station, or whien discuss, analyze or refer to safety-related considerations which you believe are applicable to the Byron station.

Category 4 All documents provided by you or any member of your. firm to the League in connection with any consultation you have engaged in with the League which in any way relate to the Byron Station.

For purposes of this subpoena, the term document shall include any information recorded in any permanent or semi-permanent form. This subpoena requires you to produce the original, or a copy if the original is not in your possession or under your control; together with any and all non-identical copies. A non-identical copy is any copy which differs from the original by way of addition or l deletion, including without limit handwritten or other t

notations added to the document before or after copying.

J

- , .c - - . , . - . . . - - , _ , , ,, - - , . . . - -

i l

CERTIFICATE OF SERVICE i

The undersigned, one of the attorneys for Common-wealth Edison Company, certifies that on this date he filed two copies (plus the original) of the attached pleading with the Secretary of the Nuclear Regulatory Commission and served a copy of the same on each of the persons at the addresses shown on the' attached service list in the manner indicated.

Date: November 11, 1982

- ~

Ala W Bi lawski l

l

SERVICE LIST t

i COMMONWEALTH EDISON COMPANY -- Byron Station Docket Nos. 50-454 and 50-455 Mr. Ivan W. Smith

  • Atomic Safety and Licensing Administrative Judge and Chairman Appeal Board Panel A'tomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
  • Secretary
    • Attn: Chief, Docketing and Dr. Richard F. Cole Service Section Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
  • Ms. Betty Johnson
      • Myron M. Cherry, Esq. 1907 Stratford Lane Rockford, Illinois 61107 Cherry & Flynn Three First National Plaza ** Ms. Diane Chavez Suite 3700 SAFE Chicago, Illinois 60602 326 North Avon Street Rockford, Illinois 61103
  • Atomic Safety and Licensing Board Panel
  • Dr. Bruce von Zellen U.S. Nuclear Regulatory Commission Department of Biological Sciences Washington, D.C. 20555 Northern Illinois University DeKalb, Illinois 60115
  • Chief Hearing Counsel Office of the Executive -
  • Joseph Gallo, Esq.

Legal Director , Isham, Lincoln & Beale U.S. Nuclear Regulatory Commission Suite 840 Washington, D.C. 20555 1120 Connecticut Ave., N.W.

Washington, D.C. 20036

  • Dr. A Dixon Callihan Union Carbide Corporation
  • Douglass W. Cassel, Jr.

P.O. Box Y Jane Whicher Oak Ridge, Tennessee 37830 BPI Suite 1300

  • Mr . Steven C. Goldberg 109 N. Dearborn Ms. Mitzi A. Young Chicago, IL 60602 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Via U.S. Mail
    • Via Express Mail
      • Via Messenger

.