ML20039C049
| ML20039C049 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 12/22/1981 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML20039C034 | List: |
| References | |
| NUDOCS 8112280355 | |
| Download: ML20039C049 (4) | |
Text
.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
COMMONWEALTH EDIS0N COMPANY Docket Nos. 50-454
)
50-455 (Byron Station, Units 1 and 2)
)
AFFIDAVIT OF RICHARD J. GODDARD Richard J. Goddard, being first duly sworn on oath deposes and states as follows:
1.
I am employed as a Senior Litigation Attorney by the Office of the Executive Legal Director, United States Nuclear Regulatory Commi ssion. On September 26, 1979, I was representing that office as an attorney of record in the Byron Station, Units 1 and 2 operating license proceeding now pending before an Atomic Safety and Licensing Board of the NRC.
On that date I attended a meeting in the law offices of Mr. Myron M. Cherry located in One IBM Plaza, Chicago, Illinois.
2.
My recollections of that meeting follow. Prior to preparing this affidavit, I have read.the affidavits of Paul M. Murphy, Alan P.
Bielawski, Charles L. McDonough and Leslie A. Bowen, dated-November 20, 1981, and the " Affidavit of Mr. Myron M. Cherry As Directed by Board Order of December 8,1981" forwarded to me (undated) by letter dated December 18, 1981.
To some degree, these affidavits have refreshed my recollection of that meeting.
Any 8112280355 811223 PDR ADOCK 05000454 G
. notes or memoranda which I may have prepared dealing with that meeting did not address the question of any possible assertions of intent to delay by Mr. Cherry, but rather went to the substantive elements of the generic contentions which had been raised by the L'eague of Women Voters, Intervenor in that proceeding.
I am unable to locate any such notes at this time.
I will also state that I received telephone calls from Mr. Phillip P. Steptoe, of Isham, Lincoln and Beale, representing Applicant, on December 10, 1981 and from Mr. Myron Cherry on December 16, 1981 (both dates correct to the best of my knowledge). The purpose of each of these phone calls was to inquire of me as to what my recollection of that meeting was at.the time of such calls.
3.
My recollection of the meeting at which the four affiants representing Commonwealth Edison Company, Mr. Cherry, Mrs. Betty Johnson and one other representative of the League of Women Voters of the Greater Rockford, Illinois area, Mr. Calvin Moon and myself were present, was that Mr. Cherry's attitude towards Mr. Moon, in particular, as a member of the NRC Staff was anything but cordial.
Upon our entrance into Mr. Cherry's conference room, Mr. Cherry identified Mr. Moon to Ms. Johnson and her colleague as "another one of those NRC Staff people who is out to do you no good," or words to that effect, and I believe that the phrase contained either a vulgarity or an obscenity.
In fact, I considered, early in the meeting, the alternative of excusing myself and Mr. Moon from further participation therein, as it appeared obvious that f
f i
. significant progress was not to be accomplished and Mr. Cherry's attitude was patently offensive and abusive.
4.
As to comments by Mr. Cherry with regard to his intent to delay the proceeding, my recollection is as follows.
Mr. Cherry, in what appeared to be advice to his potential clients (Mr. Cherry had indicated that he had not formally agreed to represent the League of Homen Voters at that time) stated his opinion that the licensing of Byron Station would take place notwithstanding any attempt by the League of Women Voters to effect a contrary result through their intervention.
Mr. Cherry stated, in effect, that the point in time at which to defeat nuclear puer was at the construction permit stage or early in tha licensing process, and not at the point of time when a utility applies for an operating license.
Mr. Cherry stated that intervention at the operating license stage could, for all practical purposes, have little effect other than to delay an applicant's ultimate objective, which was of course granting of the operating license by an Atomic Safety and Licensing Board. However, I do not recall Mr. Cherry making any statement to the effect that if he were a party to the proceeding his sole objective would be either to delay for delay's sake or to increase the cost to Applicant.
He did indicate that concerted intervention in numerous licensing proceedings would have the effect
{
1 of delaying the nuclear licensing process for all plants, and thus indirectly contribute to future applicants' decisions to opt for i
1 options other than nuclear. Mr. Cherry stated that, if he were to
-4_
undertake to represent the League of Women Voters, he would be doing so primarily because of his interest in forcing licensing stage consideration of the many unresolved safety issues, or generic task action plans, which have been identified by the Nuclear Regulatory Commission, and which were in fact the subject matter of several of the League of Women Voters' contentions which had been drafted and submitted prior to Mr. Cherry's participation in the case.
5.
As stated earlier, my recollection of this 1979 meeting is anything but sharp, and I have relied upon the above cited affidavits t?
refresh my recollection.
The foregoing is true and correct to the best of my knowledge.
Y - oc/
Richard J. Godpard Subscribed and sworn to before me this J'.v.
day of December,1981.
f
{hl 4
t.
a Notary Public My Commission expires: ).t3,, ', : j
>