ML20032B236
| ML20032B236 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 10/27/1981 |
| From: | Mark Miller COMMONWEALTH EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8111050330 | |
| Download: ML20032B236 (2) | |
Text
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! RELATED CORRESF02DENCE
'fC UNITEDSTATd5GTAZ.RICA NUCLEAR REGULATORY COMMISSION g
BEFORE THE ATL;IC SAFETY AND LICENSING BOARD M
0FFICE OF SECRETAP' 00CKE!!N3 & SEnv..'
5?ANCH
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In the Matter of
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COMMONWEALTH EDISON COMPANY
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Docket *Nos.
50,45 -
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(Byron Nuclear Power Station,
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t-APPLICANT'S OPPOSITION TO l
DAARE/ SAFE'S MOTION FOR 9 ~.
EXTENSION OF TIME
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Commonwealth Edison Company
(" Applicant") by its attorneys, opposes the' motion of DAARE/ SAFE for a 15 day extension to the discovery cutoff date set by this Board in its Revised Schedule of September 9, 1981.
The asserted reason for the DAARE/ SAFE motion, a claim that due to its own inattentiveness DAARE/ SAFE failed to get timely notice of the discovery cut-off date, was expressly rejected by this Board during a conference call held on October 2, 1981.
(See page 20 of the Transcript of the October 2, 1981_ con-ference call.)
Moreover, it is clear from correspondence
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between the NRC Staff and Dr. Von Zellen, that in fact Dr.
Von Zellen was informed not later than September 21, 1981 of the November 1, 1981 cut-off date set by the Board.
(See Exhibit A, hereto.
Receipt of the September 21, 1981 letter u,o3 s
from Mr. Goldberg of the NRC Staff to Dr. Von Zellen was acknowledged by Dr. Von Zellen at page 9 of the October 2, I(
1981 transcript.)
Even before September 4, 1981 DAARE/ SAFE had been advised of an impending discovery cut-off date and the need to act expeditiously on discovery matters.
(See
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8111050330 811027 PDR ADOCK 05000454 PDR 12
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Exhibit B hsrsto, consinting of a letter from Paul M. Murphy to Dr. Axel Meyer of DAARE/ SAFE.)
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.The problems alluded to in Dr. Von Zellen's lecter
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motion of October 20, 1981, have plagued DAARE/ SAFE's participation in this proceeding consistently.
On February 28, 6,
1979 Applicant's attorney brought this problem;to the atten-s --
w tion of the Board and all parties.
(See Exhibit C hereto.)
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The correspondence referred to in Exhibit C turned out to be y[ _
merely the first of a long series of letters intended to n2 Gc'a convince DAARE/ SAFE that it was incumbent on DAARE/ SAFE to
~5 keep the parties notified of its designated representative, and to serve all papers on all parties.
DAARE/ SAFE has been unable or-unwilling in the ensuing 2-1/2 years to take the minimum steps necessary to keep itself informed of the conduct of this proceeding.
WHEREFORE, Commonwealth Edison Company respect-fully urges this Board to deny DAARE/ SAFE's motion for extension of time.
Dated:
October 27, 1981 Respectfully submitted, l
~~
. Michael I.
Mi,ller One of the Attorneys for Commonwealth Edison Company ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 558-7500 i
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Exhibit A
,'gA M %,'o, UNITED STATES NUCLEAR REGULATORY COMMISSION
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DOCKETED USNRC
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September 21, 1981
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bb REMED CORRESPONDENCE OFFICE of SECRETARY DAARE DOCKETym & SEgygcc g
cRANCH P. O. Box 261 DeKalb, Illinois 60015
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k in the Matter of COMMONWEALTli EDIS0tl 0MPAtlY (Bryon Station, Urits 1 and 2)
Docket Hos. 50-454, 50-455 _
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Dear Professor Von Zellen:
I am in receipt of a letter from you to James Sr. ell of the NRC Staff requesting certain infonnation regarding the Byron operating license f
As I indicated in my recent corre pondence with you, as a member of Intervenor DAARE-SAFE,' any requests for information must be proceeding.
pursued through 'thr1awyer representing your organization in this matter.
I am advised that prior NRC Staff counsel, M ron Karmon, conveyed similar information on an earlier occasion (s.
According to the Licensing Board's revised scheduling order, dated September 9,1981, discovery must be completed by November 1,1981.
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Your anticipated cooperation is appreciated.
Sincerely, i (.
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.i Steven C. Goldberg Counsel for NRC Staff Kenneth F. l.evin, Esq.
cc:
Paul M. Murphy, Esq.
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Exhibit B-
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RELATID CCFIISTONDE: ICE
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COUNSELORS AT LAW NO. g g D i [
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September 4, 1981
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T Dr. Axel Meyer Department of Physics Northern Illinois University DeKalb, Illinois 60115 1
Re:
In the matter of Commonwealth Edison Company
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(Byron Station, Units 1 and 2), Docket Nos.
STN 50-454-OL, STN 50-455-OL.
I Pear Dr. Meyer:
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s-I understand that your attorney of record, Mr..Kenneth
- r. Levin, no lorcjer represents DAARE and SAFE in their intervention in the Byron Nuclear Station licensing proceed-ing before the Nuclear Regulatory Commission.
Therefore, I am writing directly to you vith regard to the interrogatories of Commonwealth Edison Cornpany which we served on you on July
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8, 1981 in this proceeding.
As you are aware, on August 18, 1981, the Licensing Board ordered DAARE and SAFE to answer the interrogatories forthwith.
When I spoke to you on she telephone recently, you indicated that one of the members of DAARE had contacted Myron Cherry, Esq. for purposes of his aiding you in respond-ing to interrogatories.
I spoke to Myron Cherry's office yes-terday and learned that Mr. Cherry is on trial and has been.
for some time.
Mr.-Cherry's partner also indicated that he had no knowledge of any contacts between Mr. Cherry and your
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organization.
Thus, it is probable that no steps whatsoever have been taken to respond to the ' interrogatories. -
As I previously informed you on the phone, Commonwealth Edison Company believes it has a right to the information requested in our interrogatories.
The Board has set a schedule for discovery which contemplates the close of most discovery by the end of this year.
Our first round of l
interrogatories are designed in part to obtain identification of the facts, evidence and witnesses on which you will rely at hearings.
I expect that your responses to the interrogatories now outstanding will result in additional discovery requests, Exhibit B
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Dr. Axel Meyer Page Two September 4, 1981 in particular, depositions of experts.
It will simply not be possible for us to wait additional months for your response to our discovery.
Therefore, I would request that whoever is representing DAARE and SAFE at this moment direct his full attention to responding in a timely manner to our outstanding interrogatories so as to avoid the need to seek the imposition of sanctions for your failure to comply with the Licensing Board's order.
I also enclose for your consideration a proposal for 1-cerssolidating the' DAARE and SAFE contentions with those of the League.
You will note that, for the most part, we have not significantly altered the language of the DAARE and SAFE contentions, inasmuch as we believe that the original contentions adequately frame issues for litigation in this proceeding.
If you have any comments or suggestions regarding our propossl, please do not hesitate to call.
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Sincerely, f
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FMM/js' Paul M. Murphy
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Enclosure One of the Attorneys for Commonwealth Edison Company f'
cc: Kenneth F. Levin, Esq..
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i Steven C. Goldberg, Esq.
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Exhibit C
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j ISHAM, tin'cuta a DEAL COUNSELORS AT LAW owc rinsT Nateomat PtAra roavv-stcoNo FLoca c++icaco, sLLewoes sosos TcLtewows sia-tes,7sco vcLen a-stee
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February 28, 1979 sevc=vw escoa
... to. o c. ro o 3.
302-833 e'.*C Edward Luton, Esq., Chairman.
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Atomic Safety and Licensing Board Panel f,
eg, U.S. Nuclcar Regulatory Commission Washington, D.C.
20555 4-NOE D
Re:
In the Matter of Commonwealth Edison Company 2 gj A
(Byron Station, Units 1 and 2 and ce f o
P Braidwood Station, Units 1 and 2)
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Docket Nos. 50-454, 50-455, 50-456, 50-457
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Dear Chairman Luton:
I enclose for your information, and for the infor-mation of the o'therc members of the Board, the following cor '
respondence received by this office:
t 1)
A letter (with attachments) dated January 31, 1979,
,3 from Marilyn Shineflug of DAARE to Alan P. Biclawski 2)
A letter (with attachments) dated February 3, 1979, from Betty Johnson of the League of Women Voters of Rockford, Illinois to John W.
Rowe 3)
A letter (with attachments) dated February 20,-1979, from Marilyn Shineflug of DAARE to Paul M. Murphy These letters,and their attachments may be intended in part as amendments to earlier filed petitions to intervene.
It is not clear that any of the above were properly served and filed, as required by the Commission's Rules of Practice.
I responded to the first two letters and suggested that their authors follow the appropriate filing and service procedures if the letters were intended to amend earlier pleadings.
Ms. Shineflug's letter of February 20, 1979, has attached to it an abbreviated service list which does not appear adequate to insure that all parties and the Board will, in fact, receive filings in a timely manner.
I am forwarding copies of the letters to insure that the Board receives correspondence which it may consider relevant to issues now pending before it.
I am quite concerned that a misunderstanding of the filing and service requirements in the Commission's D \\; P [
'f-Exhibit C
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Edward Luton,, Esq., Chairman 8
Page TVo
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February 28, 1979 Rules of Practice might result in an incomplete record at the Commission, or tha
' Board, the parties or the peti-tieners may.not rece essary documents.
This has the potential to disrupt 11ay this proceeding and to pre-judice the rights of
.rties.
As one of the attorneys for Commonwealth Edir.
_pany, I do not feel that it is proper for me to offet ice or to interpret the Rules of Practice for the petitioners I bring this matter to your I
attention in order that you might determine if any action by the Board would be'approprate.
We will, of course, continue to serve copies of all pleadings and correspondence origi-nating at this office on the Board and on each petitioner at the address they reques:t (including Ms. Galbreath) pending a
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ruling by the Board on petitions to intervene.
c Respect ul;1y, y
(l:,i h
s Paul M. Murphy
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j One of the Attorneys for Commonwealth Edison Company 2
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- Enclosures
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Persons on attached service list s
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'81 NOV -2 P4:16 OFFICE OF SECRETARY OMET btfCgERE B
CERTIFICATE OF SERVICE The undersigned, one of the attorneys for Common-wealth Edision 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 same on each of the persons at the addresses ahown on the attached service list by United States mail, Express Mail, or Federal Express as appropriate, postage
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prepaid.
Dated:
October 27, 1981
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$arshall_E. Miller, Esq., Chairman Dr. A.
Dixon Callihan Atomic Safety and Licensing Board Union Carbide Corporation Panel P. O.
Box Y U.
S. Nuclear' Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D. C.
20555 Dr. Rie*1ard F.
Cole Mr. Steven C.
Goldberg Atomic Safety and Licensing Board Ms. Mitzi A. Young Penel Office of the Executive Legal U.
S. Nuclear Regulatory Commission Director Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D.
C.
20555
/
Atomic Safety and Licensing Appeal Ms. Diane Chavez Board Panel SAFE U. S. Nuclear Regulatory Commission 602 Oak Rockford, Illinois 61104 Washington, D.
C.
20555 Atomic Safety and Licensing Board Secretary Panel Attn:
Chief, Docketing and U.
S. Nuclear Regulatory Commission Service Section I
Wnshington, D.
C.
20555 U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Chief Hearing Counsel Dr. Bruce Von Zellen Office of the Executive Legal Department of Diological Sciences Director Northern Illinois University U.
S. Nuclear Regulatory Commission DeKalb, Illinois 60115 Washington, D.
C.
20555 m