ML20034C803
| ML20034C803 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities, 05505043  |
| Issue date: | 05/07/1990 |
| From: | Holler E, Lefstein S DICKHERBER, R.L., KATZ, MCANDREWS, BALCH, LEFSTEIN & FIEWEGER (FORMERLY, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#290-10340, CON-#290-10341 90-609-02-OM, 90-609-2-OM, 90-610-01-SC, 90-610-1-SC, EA-90-031, EA-90-032, EA-90-31, EA-90-32, OM, SC, NUDOCS 9005150050 | |
| Download: ML20034C803 (7) | |
Text
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May 7, 1990' I
s:
UNITED STATES OF AMERICA Ngj0 u
NUCLEAR REGULATORY COMMISSION
)
U FORE THE ATOMIC SAFETY AND LICENSING BOARD
'90 ' f1AY -8 A9 :38
)
In-the Matter of Docket No. 55-5043 - 5 6 fjc!Mgyg!lg g
ROBERT L. DICKHERBER
)
)'
License No. SOP-2365-8 L
(Order Suspending License; Order )
To Show Cause Why License
)
Should Not Be Revoked
)
EA 90-031)
)
ASLBP No. 90-610-01-SC In the Matter of
)
Docket Nos.
50-254, g
)
50-265 COMMONWEALTH EDIS0N COMPANY
)
(Quad Cities Nuclear Power
)
License Nos. DPR-29 l
Station)
DPR-30 (Order Modifying License
)
ASLBP No. 90-609-02-0M EA 90-032)
)
JOINT MOTION TO DEFER WRITTEN FILING DUE JUNE-1, 1990 l
AND TO DEFER FURTHER ACTION BEFORE THIS BOARD IN THE AB0VE CAPTIONED PROCEEDINGS INTRODUCTION I
l This Atomic Safety and Licensing Board (Board) was established to preside 2
over the hearing requested by.Mr. Robert L. Dickherber in response to an Order Suspending License and an Order to Show Cause Why License Should Not Be Revoked 3
(Show Cause Order) issued to Mr. Dickherber, and an Order Modifying License to-Commonwealth Edison Co., the licensee of the Quad: Cities Nuclear Power Station, Units 1 and 2, which added the condition that Mr. - Dickherber shall not participate in any licensed activity under License Nos. DPR-29 and DPR-30 without prior written approval of the Regional Administrator, Region III; all dated February 23, 1990 (55 Fed. Reg. 7797-98, March 5, 1990).
By Memorandum and 3Establishment of Atomic Safety and Licensing Board, April 30, 1990 (unpublished).
9005150050 900507 I
PDR ADOCK 05000254 O
PDR g
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M Order dated May 4,1990, the Board required a written filing from the NRC Staff j
by June 1, 1990, concerning any corr.ents the Staff may have regarding Mr. Dickherber's answer. The Board also invited Commonwealth Edison Co. to file by June 1,1990, any comments Commonwealth Edison Co. may have regarding this
-J matter.8' DISCUSSION The Staff's Order Suspending License, Show cause Order, and Order Modifying-4 License were published-in the Federal Reaister on March 5,1990, and provided an opportunity for Mr. Dickherber, Commonwealth Edison, or any other ' person adversely affected by the orders, to submit an answer within 20 days of'the date~
of the orders. On March 15, 1990, Mr. Dickherber requested an extension of time--
from the Staff to file an answer to the orders until-- April 13, 1990, citing availability of counsel and time needed to consult with Commonwealth Edison as the reasons for the extension request.
The Staff agreed to Mr. Dickherber's request and he subsequently timely filed an answer in response to the orders.
Answer of Robert L. Dickherber, April 13, 1990.3 The Staff is still evaluating this response in which Mr. Dickherber provides information heretofore unavailable to the Staff regarding this matter.4 - Counsel for-the Staff has conferred with 2In a letter to Commonwealth: Edison Company dated May 1,1990, the St'aff requested Commonwealth'.s views on the statements made by Mr. Dickherber in his answer and regarding Mr. Dickherber's performance.
The Staff requested Commonwealth's comments within 30 days of the date of the letter. (See-exhibit 1).
3No other person has requested a hearing regarding this matter.-
dMr. Dickherber at first declined 'to be interviewed by the NRC Staff. His April 13,1990 Answer explains his reason for that decision and. contains an explanation-for his conduct not available to the Staff prior to issuing the orders.
See Answer of Robert L. Dickherber at 9-11.-
Additionally, the Staff expects to receive comments from Commonwealth Edison by May 31, 1990, regarding.
Mr. Dickherber's performance.
See Note 2 suora.
. m i
t 1
i 6-3 counsel for Mr. Dickherber and the parties believe that it may be fruitfal to 3
enter into discussions to explore whether the matter may be resolved, in whole t
or in part, without resort to litigation. To this end, the Staff suggests that 60 days from the filing of this Motion would be ' reasonable-for the Staff. to finish its evaluation of-Mr. Dickherber's Answer and any discussions with Mr. Dickherber that may flow from that evaluation. Mr. Dickherber agrees to this
~
suggestion.
MOTION Accordingly, for. the reasons set - forth above, the parties request an-extension-_to and including at least July 9,1990, within which' the parties may make a; written filing regarding the need for further _ proceeoings befora this-Board concerning this matter.
Respectfully submitied, n.-
u b C u l k, b * [,,t b u.s l( hl Stuart R. Lefstein?
Attorney for Licensee h(%L t.w. <
' O." f Eugene (Holler Counsel for NRC Staff-Dated at Rockville, Maryland this 7th day of May, 1990 L'
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c.csog Exhibit 1
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UNITED STATES V
- e, NUCLEAR REGULATORY COMMISSION o
y W ASHINGTON, D. C. 20656 RAY 'O 11930 Commonwealth Edison Company-
-ATTN:
Mr. Cordell Reed Senior Vice President--
Post Office Box 767 Chicago, Illinois 60690 4
l
Dear Mr. Reed:
Re:
In 'lae Matter of R. L. Dickherber, License No. 50P-2365-8, Docket j
No. 55-5043 EA 90-031 and In the Matter of Commonwealth Edison Company, Quad Cities, Nuclear Power Station, Docket Nos. 50-254 and 50-256, License Nos. DPR-29 and DPR-30 and EA 90-032 On April 13, 1990, Mr. R. L. Dickherber submitted his answer to th' above-e orders-issued to Commonwealth Edison Company and to Mr. Dickherber.
The staff-is in'the process-of considering his answer.
As be helpful to obtain Commonwealth Edison Company'part of our review it wotthi o
s views on the statements made by him in his response and views on Mr. Dickherber's' performance in the past and why we should have confidence in his performance in the future.
i As a separate matter, please provide to the Regional Administrator, Region III your views concerning the adequacy of the company's' controls for work hours-in' view of the information provided by lir. Dickherber at page 13 of his answer.
We would appreciate it if Commonwealth, as' a company, would provide this response within the next 30 days so that we can promptly resolve this matter.
We intend to schedule an enforcement conference with Mr. Dickherber and Commonwealth Edison Company following the completion of our review of his response and your additional submittal.
j i
Sincerely, N"
9991 (jJamesLieberman; Director
)
A ffice of Enforcement
~l i
cc:
Stuart Lefstein,'Esq.
I Sheldon Trubatch, Esq.
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UNITED STATES Of AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In~the Matter of Docket No. 55-5043 ROBERT L. DICKHERBER License No. SOP-2365-8 (Order Suspending License; Order
)
ASLBP No. 90-610-01-SC To Show Cause Why License
.)
Should Not Be Revoked
)
)
In the Matter of
).
Docket No. 50-254 1
50-265 4
COMMONWEALTH EDISON COMPANY License No. DPR-29
-i
)
-OPR-30 (Quad Cities Nuclear Power
)
ASLBP No. 90-610-02-0M Station)
)
(Order Modifying Licenses
)
)
-l NOTICE OF APPEARANCE Notice is hereby.given that the undersigned attorney enters an appearance in the-above-captioned matter.
In accordance with:6'2,713(b),-10 C.F.R., Part 2, the 1
following information:is provided:
i Name:
Eugene Holler Address:
U.'S. Nuclear Regulatory Commission l
Office of the General Counsel j
Washington,-DC'-20555 l
i Telephone Number:
301-492-1520 l
Admissions:
Court of Appeals of Maryland Name of Party:
NRC Staff Respectfully submitted,.
l qw Eugene Holler Couns61 for NRC Staff Dated at Rockville, Maryland this rlth day of May, 1990.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
. Docket No.
55-5043 i
ROBERT L. DICKHERBER~
)
License No. SOP-2365-8
)
(Order Suspending License; Order ASLBP No. 90-610-01-SC To Show Cause Why License Should-Not-Be Revoked EA-90-031)'
)
In the Matter of
)
Docket No.
50-254-l 50-265 COMMONWEALTH EDISON COMPANY (Quad Cities Nuclear Power l
License Nos. DPR-29 i
DPR-30 o
Station)
)
j Order Modifying Licenses
)
ASLBP No.
90-609-02-0M EA90-032)
)
i CERTIFICATE OF SERVICE I-hereby certify that copies of " JOINT MOTION TO DEFER WRITTEN FILING DUE l
JUNE 1, 1990 AND TO DETER ACTION BEFORE THIS BOARD IN THE. ABOVE CAPTIONED l
PROCEEDINGS" and " NOTICE OF APPEARANCE" in the cbove captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in Nuclear Regulatory Commission's internal mail system,.this 7th day of May,1990:
Charles Bechhoefer, Chairman
- Dr. Jerry R. Kline*
Administrative Judge Administrative Judge tiomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Connission Washington, DC 20555 Washington, DC 20555 i
Gustave A. Linenberger, Jr.*
Office of the Secretary
- Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 i
U.S. Nuclear Regulatory Commission Washington, DC.20555 Atomic Safety and Licensing Board Panel (1)*
. Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission q
Board Panel (5)*
Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Adjudicatory File
- l Atomic Safety and Licensing Board
~
U.S. Nuclear Regulatory Commission Washington, DC 20555
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Stuart R. Lefstein, Esq.
Shelden L'. Trubatch Katz, McAndrews, Balch, Sidley & Austin i
Lefstein and Fieweger Attorneys for Comonwealth Edison Co.
'j 1705 Second-Avenue 1722 I(eye) Street, N.W.
Suite 200 Washington, DC 20006 Rock Island, Illinois' 61201 l
W FK t
Eugene? Holler Counsel for NRC Staff i
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