ML20038C210
| ML20038C210 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 12/08/1981 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8112100269 | |
| Download: ML20038C210 (3) | |
Text
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 9[g}[g
'81 EC -9 A10:44
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OMIC SAFETY AND LICENSING BOARD k H es ISS/A I3 Before Administrative Judges:
2TsEM.hbE oDf g*
Marshall E. Miller, Chairman W3CH b
Dr. Richard F. Cole OE0YED pgg 8 l3g Dr. Dixon Callihan
)
In the Matter of
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Docket Nos. 50-454-0L
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50-455-OL C0ffiONWEALTH EDIS0N COMPANY
)
)
(Byron Station,
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December 8, 1981 Units 1 and 2)
)
)
ORDER (Requesting Affidavits) f A fiemorandum and Order was entered on October 27, 19811/which l
dismissed the Intervenor Rockford League of Women Voters (League) from i
this proceeding because the facts showed "that the League and,its counsel have deliberately and willfully refused to comply with the Board's Order of August 18, 1981, and have not answered interrogatories or furnished ordered discovery for a long period of time" (Order, p. 9).
It was further found that the " nature of the pretexts and excuses offered for such noncompliance demonstrate that such conduct is not an isolated
~
incident, but rather is part of a pattern of behavior which seriously impedes our proceedings and impairs the integrity of our orders" (Id.).
This Order was entered following the filing of the Applicant's motion for sanctions.
1/LBP-81-52, 14 NRC~
SN f55*588Efo!$5!!!;
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. f The League filed a petition for reconsideration of such Order by the Board on November 6, 1981. This petition consisted of thirty pages and it was accompanied'by twenty-five exhibits containing hundreds of pages of documents. The Applicant filed its opposition to the League's petition for reconsideration on November 23, 1981. This opposition also consisted of thirty pages and was accompanied by twenty-four exhibits with many pages.
In addition, the League's counsel sent a letter dated November 25, 1981 to the Board referring to various matters in the Applicant's opposition, and counsel for the Applicant responded in part by a letter to counsel dated December 2, 1981.
The Applicant's opposition to the League's petition contains the i
following statements at page 4:
"ttr. Cherry opened the September 26, 1979 meeting by announcing to the attendees that he had been retained by the League only to represent it in negotiations on contentions. He said that if the League later retained him to represent it generally in this proceeding, his tactics would be to delay the proceeding for the sake of delay so as to raise significantly the cost of the Station. Mr. Cherry stated that the cost overruns and uncertainty which resulted from such tactics would serve to di'scourage Edison and other utilities from planning to install nuclear capacity in the future (Exhibits 1, 2, 3 and 4 hereto).2/
"2/The attendees at that meeting were Myron cherry, Esq.,
Betty Johnson and Carol Weis of the League; Richard Goddard, NRC Staff Counsel and Calvin Moon, Byron Project Manager for the NRC Staff; Paul Murphy, Esq.
and Alan Bielawski, Esq. of Isham, Lincoln & Beale and Leslie Bowen and Charles 11cDonough of Edison.
We have enclosed. with this pleading a group of Exhibits, with a cover sheet describing briefly each Exhibit.
Exhibits 1, 2, 3, and 4 hereto are affidavits of Mr. Murphy, Mr. Bielawski, Ms. Bowen and Mr. McDonough, respectively, which, in part, summarize relevant portions of the September 26, 1979 meeting."
l e The parties who attended the meeting of Septerber 26, 1979 are hereby requested to file affidavits giving their best recollection of the discussions held on September 26, 1979 concerning the matters in contro-versy, including the affidavits numbered Exhibits 1, 2, 3 and 4 attached to the Applicant's opposition.
Discussions that occurred on other dates i
may be included if relevant to the quoted subject matter.
If other statements are involved, the affidavits should identify the date, place, persons present, and the relevant portions of the conversation. Affidavits I
should disclose the existence of any notes, memoranda or recordings of such conversations or meetings. All affidavits shall be in the hands of the Board by December 23, 1981.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD 0
Marshall E. Miller, Chairman l
ADMINISTRATIVE JUDGE j
Dated at Bethesda, Maryland this 8th day of December, 1981.
l i