ML20033B289
| ML20033B289 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 11/20/1981 |
| From: | Bielawski A COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE |
| To: | |
| Shared Package | |
| ML20033B283 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8112010191 | |
| Download: ML20033B289 (5) | |
Text
EXHIBIT 2-r l
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DOCKETED l
U:nFC UNITED S..sTES OF AMERICA NUCLEAR REGULATORY COMMISSION 31 NOV 24 P3:46 i
EEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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l c!4G & SERV:CE ERANCH I
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In the Matter of
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-454-OL
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50-455-OL (Byron Nuclear Power Station,
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Units 1 and 2)
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I
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i State of Illinois
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County of Cook
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BIELAWSKI Alan P. Bielawski, being first duly sworn on oath deposes and states as follows:
1)
My name is Alan P. Bielawski.
I am an attorney with the law firm of Isham, Lincoln & Beale, which has been retained to represent Commonwealth Edison Company in the operating license proceedings before the NRC involving the Byron facility.
2)
Following the prehearing conference held in August, 1979 to consider the intervention petitions of the League of Women Voters of Rockford and DAARE/ SAFE, Edison, the NRC, and the League scheduled a meeting for the purposes of negotiating contentions filed by the League in l
l this prcceeding.
This meeting was held in the offices of l
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Mr. Myron Cherry, on Septembe2 26, 1979.
In addition to myself, the individuals in attendance at the meeting were j
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Paul M. Murphy, also of Isham, Lincoln & Begle, Richard Goddard and Calvin Moon, of the NRC, Leslie Bowen and Chuck McDonough, both Edison employees, Betty Johnson and anather
' ndividual, whose name I cannot recall, of the League, and i
Myron Cherry.
I had been informed that Mr. Cherry would represent the League for the purposes of contention negotiations.
3)
One of the first statements made by Mr. Cherry, at the meeting, was that it was quite obvious to everyone that the Byron facility would eventually be constructed and placed into service.
However, he stated that if he were retained to represent the League in the Byron licensing proceedings he would do everything in his power to delay the in-service date for the Byror. facility.
Mr. Cherry explained that this tactic wculd hopefully convince utility executives that constructing nuclear facilities was an unwise venture due to the cost impacts of licensing delays and other uncertainties associated with such delays.
Neither Ms. Johnson nor the other representative of the League present at the meeting indicated that they disagreed in any way with Mr. Cherry's tactics.
4)
In August of 1981, I was instructed to prepare a document on behalf of Commonwealth Edison which would articulate the Coatpany's proposal regarding the possible consolidation of the League's contentions which had been
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admitted by the Licensing Board.
With the assistance of Commonwealth Edison employees, I prepared such a document j
entitled " Commonwealth Edison's Proposal on Consolidated Contentions".
This document was then forwarded to Mr.
Cherry in early September, 1981.
5)
Just prior to September 10, 1981, I was asked by Paul Murphy to attend a meeting with Mr. Cherry at which time we would discuss matters pertaining to outstanding discovery requests involving the League and Edison.
This meeting took place in the afternoon of September 26, 1981 in the offices of Isham, Lincoln & Beale.
The attendees at the meeting were Paul Murphy and myself, Leslie Bowen, Ken Ainger, Tom Tramm, Jack Lavin and Jim Westermeier, all j
Edison employees, and Myron Cherry.
6)
At the meeting, one of the very first items discussed pertained to interrogatories filed by Edison in July, 1981 in the NRC operating' license proceeding (NRC interrogatories) which the League had, as of that time, not answered.
In substance, the following discussion took place.
Paul Murphy asked Mr. Cherry whether the League intended to respond to the NRC interrogatories.
Mr. Cherry responded by stating that the League would not be in a position to respond to these interrogatories until after Edison had responded to interrogatories filed by the League in a proceeding pending before the Illinois Commerce Commission (ICC interrogatories) on the League's Pet'. tion to Halt i
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Construction of the Byron Facility.
Mr. Murphy stated that the-ICC proceeding was a proceeding which was independent l
from the NRC operating license proceeding and that the Licensing Board had specifically instructed the League to i
respond to Edison's NRC interrogatories.
Mr. Murphy then
' asked Mr. Cherry, again, to state whether or not the League would respond to Edison's NRC interrogatories.
Mr. Cherry then stated that he would so respond, but that the League's answers would not be helpful to Edison because the answers would be provided before the League had in its possession the information sought in the ICC interrogatories.
Mr. Murphy then asked Mr. Cherry to identify a precise date by which the League would provide responses to Edison's NRC interrogatories.
Mr. Cherry stated that he was not in the position, at that time, to provide Mr. Murphy with a date certain, but that he would communicate such a date to Mr. Murphy during the following week.
Based on these' discussions, it was absolutely clear in my mind that Edison did not agree to permit the League to respond to Edison's NRC interrogatories at some point follcwi.lg Edison's responses to the League's ICC interrogatories.
7)
Also, during the September 26, 1981 meeting, Messrs. Cherry and Murphy discussed the proposal submitted by Edison regarding consolidated contentions.
Mr. Cherry stated that, as far as he was concerned, the League's con-tentions had been admitted by the Licensing Board and that he would not consider modifying them.
Based on this discussion, it was clear in my mind that Mr. Cherry had no intention of considering Edison's proposal'and, in fact Ieft the meeting without taking the proposal.
l The foregoing affidavit is based on my own personal knowledge and is true in fact and in substance.
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Dated:
November 20, 1981 i
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%4 Alan P.
Bielawski SIGNED and SWORN g
to befo e me this M -
day of-W
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. Notary Public-i j
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