ML20039C243

Objection to Filing Affidavits Per ASLB 811208 Order.Aslb Should Not Countenance Util self-serving Allegations About 790926 Meeting.Util Allegations Are Attempt to Sidetrack ASLB from Real Issues in Petition for Reconsideration

ML20039C243
Person / Time
Site:	Byron
Issue date:	12/21/1981
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20039C244	List: ML20039C243 ML20039C248 ML20039C249 ML20039C253
References
ISSUANCES-OL, NUDOCS 8112290107
Download: ML20039C243 (3)

Text

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UNITED STATES OF AMERICA ,Ol 3' 20 b b ., .

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-454-O L

) 50-455-O L COMMONWEALTH EDISON COMPANY )

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\ ,, j OBJECTION TO AND COMPLIANCE WITH \ /

LICENSING BOARD'S ORDER OF DECEMBER 8,1981s Myron M. Cherry Peter Flynn CHERRY & FLYNN, p.e.

One IBM Plaza, Suite 4501 Chicago, Ulinois 60611 Attorneys for The Rockford League of Women Voters b5c>3 S

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Befo: e Administrative Judges:

Marshall E. Miller, Chairman Dr. Richard F. Cole Dr.' Dixon Callihan In the Matter of ) Docket Nos. 50-454-O L

) 50-455-O L COMMONWEALTil EDISON COMPANY )

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(Byron Station, Units 1 & 2) )

OBJECTIONS TO THE FILING OF AFFIDAVITS DIRECTED BY THE_ BOARD'S DECEMBER 8,1981 ORDER The Rockford League of Women Voters and its counsel have filed the Affidavits requested by the Board's Order of December 8,1981. The League and its counsel have responded so as to be in compliance with that Order, and so that the record will contain the truth. For the record, however, the League objects to the Board's Order requesting those Affidavits. The League objects for two reasons. First. We are seriously distressed that the Board would at this juncure, and in the context of a discovery dispute among counsel which began in the summer and fall of 1981, even countenance Commonwealth Edison's self-serving allegations about a September 26, 1979 meeting which took place over two years ago - and concerning which Edison said nothing for over two years about the allegations it now makes. Those allegations, we note, are not made in either Mr. Murphy's or the Staff's contemporaneous letters written shortly after the meeting or status reports in 1980. See Com Edison Ex. 9-13 and particularly Com Edison Ex.14, 91 3. Second. Particularly in view of the (to say the least) belated surfacing cf Edison's allegations, Edison's allegations are a patent attempt to sidetrack the Board from reaching the real issues presented by the League's

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Petition for Reconsideration. We trust that the Board's request for Affidavits is not an indication that the Board will give credence to Edison's factually and legally improper tactic.I We urge the Board to deal with our pending Petition on its merits, not on side issues; and to set this important proceeding on track.

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Respectfully submitted, 1 i

q . ROCKFORD LEAGUE OF WOMEN VOTERS r il W G, W r f "Or.e of Their Attorneys I!

< f Myron M. Cherry Peter Flynn CHERRY & FLYNN, p.e.

One IBM Plaza, Suite 4501 Chicago, Blinois 60611 (312) 565-1177 i

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1. Since Isham, Lincoln & Beale has falsely sought to impugn the credibility of- the League's- counsel before this Agency, we feel reluctantly constrained (and with the distasta naturally arising from being dragged into such a dispute) to point out that Isham, Lincoln & Beale lawyers (not the League's counsel) had to participate in a Licensing Board inquiry in the Midland Docket (in which Isham represented Consumers Power Co.) still, I am informed, pending, calling into question whether " doctored" testimony was tendered at that hearing.

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