ML20053D251

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Confirms That Dekalb Area Alliance for Responsible Energy/ Sinissippi Alliance for Environ 820525 Interrogatories Untimely.Nrc Will Attempt to Answer Interrogatories 1-5 & 18.Interrogatories Relate to Admitted Contentions
ML20053D251
Person / Time
Site: Byron  
Issue date: 06/01/1982
From: Goldberg S
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
SINNISSIPPI ALLIANCE FOR THE ENVIRONMENT (SAFE)
References
NUDOCS 8206040232
Download: ML20053D251 (2)


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/c. E WASHINGTON, D. C. 20555 June 1, 1982 Diane Chavez c/o SAFE 326 N. Avon Street Rockford, IL 61103 4

In the Matter of COMMONWEALTH EDISON COMPANY (ByronStation, Units 1and2)

Docket Nos. 50-454, 50-455

Dear Ms. Chavez:

On May 28, 1982, the Staff received a copy of DAARE/ SAFE's interrogatories on the SER and SSER, served May 25, 1982. As you are aware, these interrogatories are untimely and were not served in accordance with the procedures in 10 CFR Q Z.720(h)(2)(ii) governing interrogatories to the Staff. The Board's September 9, 1981 Scheduling Order provided that all discovery in this proceeding was to have been completed, not initiated, by May 28, 1982. Nonetheless, the Staff will endeavor to answer those interrogatories which relate to admitted contentions, namely interrogatories 1 through 5 and 18, on a voluntary basis outside of the formal discovery process.

The balance of the interrogatories propounded upon the Staff are irrelevant to the contentions in the case and exceed the scope of permissible discovery under 10 CFR Q 2.740(b)(1).

With regard to interrogatory 17, the Staff expects to document the resolution of the open items identified in section 1.7 of the SSER in several future SER supplements.

The Staff is in the process of preparing a motion for sumary disposition to be filed by June 7, 1982 and otherwise enraged in pre-hearing preparations. The Staff will provide tt

  • auwer to the aforementioned relevant interrogatories as soon after June 7,1982 as possible.

If the Staff of fer and position herein is not actcptable, it will be necessary for DAARE/ SAFE to proceed with an provisions of 10 CFR % 2.720(y further discovery in accordance with the h)(2)(ii) necessitating Licensing Board intercession.

Sincerely,'

V N Steven C. Goldberg Counsel for NRC Staff cc:

service list DESIGNATED ORIGINAL 8206040232 820601 PDR ADOCK 05000454 Cortified By 7

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June 1, 1982 Diane Chavez c/o SAFE 326 N. Avon Street Rockford, IL 61103 In the Matter of COMMONWEALTH EDISON C0ftPANY (Byron Station, Units 1 and 2)

Docket Nos. 50-454, 50-455__

Dear Ms. Chavez:

On May 28, 1982, the Staff received a copy of DAARE/ SAFE's interrogatories on the SER and SSER, served May 25, 1982. As you are aware, these interrogatories are untimely and were not served in accordance with the procedures in 10 CFR % 2.720(h)(2)(ii) governing interrogatories to the Staff. The Board's September 9, 1981 Scheduling Order provided that all discovery in this proceeding was to have been completed, not initiated, by May 28, 1982. Nonetheless, the Staff will endeavor to answer those interrogatories which relate to admitted contentions, namely interrogatories 1 through 5 and 18, on a voluntary basis outside of the formal discovery process.

The balance of the interrogatories propounded upon the Staff are irrelevant to the contentions in the case and exceed the scope of permissible discovery under 10 CFR 5 2.740(b)(1).

With regard to interrogatory 17, the Staff expects to document the resolution of the open items identified in section 1.7 of the SSER in several future SER supplements.

The Staff is in the process of preparing a motion for summary disposition to be filed by June 7, 1982 and otherwise engaged in pre-hearing preparations. -The Staff will provide the answer to the aforementioned relevant interrogatories as soon after June 7,1982 as possible.

If the Staff offer and position herein is not acceptable, it will be necessary for DAARE/ SAFE to proceed with any further discovery in accordance with the provisions of 10 CFR s 2.720(h)(2)(ii) necessitating Licensing Board intercession.

Sincerely, D507 Steven C. Goldberg e

Counsel for NRC Staff cc:

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