ML20039G145

Informs That Diligent Search Made for Notes or Memos of 790926 Meeting,Per ASLB 811208 Order.No Relevant Matl Discovered

ML20039G145
Person / Time
Site:	Byron
Issue date:	01/06/1982
From:	Murphy P COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Callihan A, Cole R, Mark Miller Atomic Safety and Licensing Board Panel
References
NUDOCS 8201150334
Download: ML20039G145 (2)

Text

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DxxETF N' ISHAM. LINCOLN & BEALE COUNSELORS AT LAW bl jj hj h ONE FIRST N ATION AL PLAZA FORTY *SECOND FLOOR CHICAGO, lLLINOIS 60603 TELEpwCNE 332-658-7500 TELEX: 2 5288

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January 6, 1982 10,- 33-.73o Marshall E. Miller, Esq., Chhirman Dr. A. Dixon Callihan l Atomic Safety and Licensing Board Union Carbide Corporation Panel P. O. Box q U. S. Nuclear Regulatory Commission Oak Rid 37830 Washington, D. C. 20555 ( "

Dr. Richard F. Cole ECElvgo g 9,

Atomic Safety and Licensing Board -

Panel Cg Jg .S I982b '.}-

U. S. Nuclear Regulatory Commission 5  %

Washington, D. C. 20555 4 #

Re: In the Matter of Commonwealth Eda.

(Byron Stations, Units 1 and 2)

Docket Nos. 50-454 & 50-455

Dear Administrative Judges:

By Order dated December 8, 1981, the parties were directed to provide the Board with affidavits relating to certain statements made during the course of a meeting held on September 26, 1979. As the participants in that meeting who were acting on behalf of Commonwealth Edison Company had previously supplied affidavits which contained their best recollection of the meeting, we did not interpret the Board's Order as requiring the refiling of those or similar affidavits. However, pursuant to the Board's instructions, we have made a diligent search for notes, memoranda, or other recordings of the conversations of such meeting. Mr.

Charles McDonough, whose affidavit was attached to " Edison's opposition to the League's Petition for Reconsideration," does have notes which listed the participants in the meeting (with some crrors) and contain sketchy notas as to taa discussion on contentions. These notes contain no reference whatsoever to the passage quoted in the Board's Order. Other similar notes were undoubtedly made by other participants, but such notes, if made, were discarded after Edison's position on each of the contentions had been reduced to writing in my letter of October 8, 1979, to Mrs. Betty Johnson. (Exhibit 9 to " Edison's Opposition to the League's Petition for Reconsideration.")

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Mr. Marshall E. Miller Dr. A. Dixon Callihan Dr. Richard F. Cole January 6, 1982 Page Two I dictated, shortly after the September 26, 1979 meeting, a short memoranda reflecting my recollections of the statements referred to in the Board's Order. I have been unable.to locate a copy of this memoranda in spite of an extremely thorough search t

of all places it was likely to have been.- I now believe that the memoranda was inadvertently discarded sometime during the Spring of this year. If I subsequently locate the memoranda, I will, of course, promptly provide a copy to the Board.

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4 Paul M. Murphy One of the Attorneys fo Commonwealth Edison Company PMM/jo cc: Service List

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