ML20034C824
| ML20034C824 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities, 05505043  |
| Issue date: | 05/04/1990 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | COMMONWEALTH EDISON CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#290-10327, CON-#290-10328 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 9005150135 | |
| Download: ML20034C824 (6) | |
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/03 DOCKElf0 USNRC UNITED' STATES OF AMERICA y gy.4 P2 :00 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARDCE Of SECRETARY DOCK [ TING 4 $[HylCl, Before Administrative Judgest BRANC4 Charles Bechhoefer, Chairman Dr. Jerry R. Kline Gustave A. Linenberger, Jr.
' 98RVED MAy - 41990 In the Matter of Docket No. 55-5043-SC Robert L. Dickherber ASLBP No. 90-610-01-SC (Senior Operator License Limited To Fuel Handling, EA 90-031 No. SOP-2365-8)
In the Matter of Docket Nos. 50-254 and 50-265-OH Commonwealth Edison Co.
(Quad Cities Nuclear Power ASLBP No. 90-609-02-OM Station, Facility Operating License Nos.
May 4,.1990 MEMORANDUM AND ORDER (Schedules for Resoonses and Prehearina Conferenqq) i These two proceedings stem from two immediately effective enforcement orders issued by the NRC Staff on February 23, 1990: (1) an order for Commonwealth Edison Co.,
the licensee of the Quad Cities Nuclear Power Station, Units 1 and 2, to show cause why its facility operating licenses should not be modified to prohibit Mr. Robert L. Dickherber.
from involvement in any licensed activity under the 1
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operating licenses;' and (2) an order for Mr. Robert L.
Dickherber to show cause why his Senior Operator License Limited To Fuel Handling should not be revoked.2 Both enforcement orders resulted from,an alleged incident involving Mr. Dickherber that occurred on October 17, 1989.
On April-13, 1990, Mr. Dickherber filed an answer to both. enforcement orders and a request for a hearing on each order.3 (commonwealth Edison Co. has not responded to the order directed to it: licenses.)
This Board was established to consider the hearing request and, if necessary, to conduct hearings on both orders.'
Because Mr. Dickherber clearly has interests adversely affected by each order, and in view of the provisions of each order affording him the right to a hearing, Mr. Dickherber's request for hearings on each of the two orders is hereby aranted.
Simultaneously with this Memorandum and Order, we are issuing a Notice of Hearing, governing both proceedings.
i I
'55 Fed. Reg. 7797 (March 5, 1990).
255 Fed. Reg. 7798 (March 5, 1990).
3On the basis of Mr. Dickherber's March 15, 1990 request to the Office of Enforcement for an extension of time to respond to the enforcement orders, we regard Mr. Dickherber's answer and request for a hearing on the orders to be. timely filed.
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' Establishment of Atomic Safety.and Licensing Board, l
dated April 30, 1990 (2 documents), 55 Fed. Reg.
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The Board intends to hold a prehearing conference in the near future, for the purpose of defining the precise matters in controversy, setting schedules for pretrial discovery and the submission of written testimony, and establishing the time and location of the evidentiary hearings.
prior to the prehearing conference, the Board wishes to be provided with any comments the NRC Staff may have on Mr. Dickherber's answer.
Such comments should be filed by Friday, June 1, 1990.
Similarly, the Board would be interested in being apprised of the position of Commonwealth Edison Co. on each of the orders (but in particular the order modifying its i
l licenses) and on Mr. Dickherber's answer (which has been served on Commonwealth Edison).
By copy of this Memorandum and Order, we are inviting Commonwealth to file its comments, also by Friday, June 1, 1990.
(We will not regard Commonwealth's filing of a response as tantamount to seeking i
participation as a party to either of the proceedings; at this time we have made no determination whether Commonwealth may be a necessary or indispensable party to either proceeding.)
We expect to hold the prehearing conference during the week of June 18-22, 1990, in the general location of the Quad Cities facility.
We will issue an order setting forth i
the date, time and exact location of the conference at a j
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-4 later time.
We also will provide parties with an opportunity to file proposed agendas for the conference.
FOR THE ATOMIC SAFETY AND r
LICENSING BOARD f
2A Charles Bechhoefer, Chjilirman ADMINISTRATIVE JUDGE Bethesda, Maryland May 4, 1990 f
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UNITED STATES OF AMERICA NUCLEAR RE6ULATORY COMMISSION In the Matter of 1
ROBERT L. DICKHERBER I
Docket No.(s) 55-5043-SC 1
(Er. Operator Lic. Limitea to Fuel I
Handling No. SOP-2365-S EA-90-031)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB Mb0 (SCHDULES FOR...) 5/4 have been served upon the f ollowing persons by U.S. mail, first class, except as otherwise noted and in accordance with the recuirements of 10 CFR Sec. 2.712.
Atomic Safety and Licentino Anneal Administrative Judge Board Charles Bechhoefer, Chairman U.S. Nuclear Regulaterv Commission Atomic Safety and Licensing Board Washinoton. DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judoe Administrative Judoe Jerry R. Kline Gustave A. Linenberger, Jr.
Atomic Safety and Licensino Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 i
Michael 1. Miller. Escuire Stuart R. Lefstein. Esquire Sidlev and Austin Katt, McAndrews, Balch. Lefstein and One First National Plata Fieweger, P.C.
Chicago, IL 60603 P.O. Box 3250 Rock Island, IL '61204 1"f A.
Bert DayLs'
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Recional Administrator U.S. Nuclear Regulatory Commission Region 111 799 Roosevelt Road Gl+n Ellyn, Il e0137 Dated at Rockville, Md. this i
4 day of May 1990 t
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Office of the Secretary of the Commission i
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d-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS!ON In the Matter of 1
I COMMONWEALTH EDISON COMPANY Docket No.(s) 50-254/265-0M t
(Quan Cities Nuclear Power Station) 1 1
1 CERTIFICATE OF SERVICE
! hereby certify that copies of the foregoing LB M40 (SCHEDULES FOR...) 5/4 have been served upon the following persons by U.S. mail, first class, except as otherwise noted anc in accordance with the requirements of 10 CFR Sec. 2.712.
Atomic Safety and Licensino ADDeal AdelDistrative Judge Board Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuc4 ear Regulatory Commission Washington, DC 20555 j
Administrative Judge Administrative Judge Jerry R. Kline Bustave A. Linenbergeri Jr.
Atomic Safety and Licensing Boarc Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i
Washington, DC 20555 Washington, DC 20555 l
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Michael
- 1. Miller, Escuire Office of the General Counsel Sidley and Mustin i
U.S. Nuclear Regulatory Commi s si on One First National Plaza Washington, DC 20555 Chicago, IL 60603 A '. Bert Davis
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Stuart R. Lefstein, Escuire Regional Administrator, Region !!!
Katt. McAndrews, Balch, Leistein and U.S.' Nuclear Regulatory Commission l
Fieweger, P.C.
Region !!!
P.O. Box 3250 799 Roosevelt Road l
Rock !$ land. !L 61204 Glen Ellyn. !L 60137 l
Dated at Rockville, Md. this 4 day of May 1990
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IMU. S.L% bC4 k &...............
Offico of the Secretary of the Commission
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