ML20033B305
| ML20033B305 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 11/23/1981 |
| From: | Ainger K COMMONWEALTH EDISON CO. |
| To: | |
| Shared Package | |
| ML20033B283 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8112010211 | |
| Download: ML20033B305 (3) | |
Text
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fpf UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENAFNG3505h@3:46
.t SECREIM,Y tE rig & SERVICE
)
iPANCH In the Matter of
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~
)
COMMONWEALTII 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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State of Illinois
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County of Cook
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SS AFFIDAVIT OF KENNETH A. AINGER Kenneth A. Ainger, being first duly sworn on oath i
deposes and states as follows:
1)
My name is Kenneth A. Ainger.
I am emplcyed by Commonwealth Edison Company as an engineer in the Byron /Braidwood Project Engineering Department.
My responsibilities include technical interface with Isham, Lincoln & Beale, the attorneys representing Commonwealth Edison in the Byron Station operating license proceedings before the NRC.
2)
In conjunction with my responsibilities, I was requested by Paul M. Murphy of Isham, Lincoln & Beale to attend a meeting on September 10, 1981 with Myron Cherry j
l ir. the offices of Isham, Lincoln & Beale to discuss pending discovery matters.
The meeting was scheduled to begin at 2 p.m. and Myron Cherry did not arrive until approximately K0 0
pm
.i
o 4
3:15 p.m.
Also present at the meeting were Jack Lavin, Tom Tramm, Leslie Bowen, Jim Westermeier, all Edison employees, J
Alan Bielawski and Paul Murphy, from Isham, Lincolh & Beale.
3)
Soon after the meeting began, Paul Murphy asked Myron Cherry whether the League intended to respon,,d to the interrogatories filed by Edison in the NRC operating license proceeding.
Mr. Cherry indicated that he would not
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answer Edison's outstanding discovery until Edison provided reponses to the League's discovery request filed in the ICC proceeding involving the Lyron Station.
Mr. Murphy stated that the ICC proceeding was totally independent from the NRC proceeding and that Mr. Cherry was under order from the Atomic Safety and Licensing Board to answer Edison's discovery filed in the NRC proceeding.
Mr. Cherry then stated that he would comply with the Atomic Safety and Licensing Board order by answering the discovery; however, he also stated that the information he would make available to Edison would not be very useful.
Mr. Murphy insisted on a commitment from Mr. Cherry to answer the NRC discovery and Mr. Cherry agreed to supply some information the following Monday, September 14, 1981.
4)
During the course of the meeting, Messrs. Murphy and Cherry discussed Edison's written proposal to consolidate some of the contentions admitted in the NRC licensing proceeding.
Mr. Cherry stated that the Rockford League of Women Voters' contentions were admitted in their original form and he saw l._,;_.._.---
no reason for revising them.
Mr. Citerry flatly refused to agree to consolidate the contentions and gave the proposal back to Mr. Murphy.
5)
At no time during the course of the meeting
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did Mr. Murphy, or any other representative of or employee of Edison, agree that discovery in the NRC proceeding would be in any way dependent on discovery pending before the ICC.
The foregoing affidavit is based on my own personal knowledge and is true in fact and in substance.
Dated:
November 23, 1981
'I Kenneth A. Ainger F
SIGNED and SWORN to befora e thip M day of
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, 1981
.p J,
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/ Notary Public
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