ML20063G976
| ML20063G976 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 08/27/1982 |
| From: | Bielawski A COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8209010258 | |
| Download: ML20063G976 (7) | |
Text
8/27/82 DOCKETED
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UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 52 AGi31 40:27 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFFICE OF SECRET Rv GCCKETING & sggyr'e BRANCH In The Matter of
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-454 OL
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50-455 OL
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(Byron Nuclear Power Station, )
Units 1 & 2)
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MOTION FOR RULING ON APPLICANT'S DISCLOSURE OBLIGATIONS By this motion Commonwealth Edison Company (" Edison")
requests that the Licensing Board modify its ruling set forth at page 10 of its " Memorandum and Order" dated July 26, 1982 instructing Edison to discontinue its practice of providing the Board with certain information concerning the Byron facility.
BACKGROUND By letter dated May 24, 1982, counsel for Edison transmitted to the Board certain letters and attachments which Edison had previously submitted to the NRC Staff.
These letters were provided to the Board based on counsel's judgment that the information contained therein was arguably relevant to pending contentions or to scheduling matters related to this proceeding and therefore should be disclosed in accordance with the applicable NRC Appeal Board precedents.
In that letter, counsel also stated that in order to assure O0 8209010258 820827 C
PDR ADOCK 05000454 G
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that the Licensing Board would receive information pertinent to matters pending before it, counsel would thereafter submit copies of all Byron-related correspondence between the NRC Staff and Edison.
We felt that this proposed method of disclosure would help assure that the Board was kept apprised of developments regarding the Byron Station and the NRC Staff review of Edison's operating license application.
From time to time thereafter, Edison submitted copies of Byron-related correspondence to the Licensing Board and the parties.
The Rockford League of Women Voters (" League")
raised an informal objection to Edison's disclosure practice in a letter from its counsel to the Licensing Board dated July 16, 1982.
The thrust of the League's objection was that the information sent to the Board was in some way intended to provide support for Edison's position, and that this practice was improper since the correspondence contained unsworn representations concerning issues pending before the Board.
In its Memorandum and Order of July 26, 1982, the Board sustained the League's objection and ordered that Edison's disclosure practice be discontinued.
Edison has complied with the Board's directive.
These matters were discussed during the course of the Prehearing Conference held in Rockford on August 18-19, 1982.
(Tr. at 76 through 89.)
Following the dis-cussion, the Board suggested that if a party desired that the Board's ruling be modified such a request should be 4
'* V submitted in writing to the Board.
This filing is in re-sponse to the Board's suggestion.
ARGUMENT
.The obligation of parties to NRC licensing proceedings to provide information regarding the facility under review was set forth early on by the Appeal Board in Duke Power Company (William B. McGuire Nuclear Station, Units 1 and 2),
ALAB-143, 6 AEC 623 at 625.
In all future proceedings, parties must inform the presiding board and other parties of new informa-tion which is relevant and material to the matters
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being adjudicated.
To avoid any misunderstanding, we do not mean that necessary administrative actions by the regulatory staff should not go on while a proceeding 1is being adjudicated :(See 10 -CFR 2.717 (b)).
But this does not mean that the staff or applicant can be per-mitted to leave the presiding body and the other parties to the proceeding in the dark about any change which is relevant and material to the adjudication.15/
[ Text of Footnote 15]
Any uncertainty regarding the relevancy and materiality of new information should be decided by the presiding board.
Matters such as changes to completion of construc-tion schedules, NRC investigations of construction activities, reports on open items, amendments to an applicant's FSAR, incidents at other facilities which are similar in design to the facility under review, etc., may all be deemed " relevant and material to matters being adjudicated."
These are pre-cisely the types of matters which were being disclosed to the Board through Edison's disclosure practice.
The League's
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apparent suggestion that Edison Nas attempting in some way to predispose the Loard to deciding issues in Edison's favor is wnolly unwarranted.
Given the relatively broad scope of the issues encompassed by pending contentions in this proceeding, and the Appeal Board's instruction that a party should err in favor of overdisclosure, Edison decided to submit copies of all correspondence between itself and the Staff to the Board and the parties relating to the Byron proceeding.
We recognize that Edison's disclosure practice may have resulted in placing an undue burden on the Board due to the fact that some of the documents provided may not have been relevant and material to pending matters.
In response to this concern, we would propose, in the future, to initially screen documents and other information to determine their relevancy and materiality.
But see, Consumers Power Company (Midland Plant, Units 1 and 2) LBP-81-63, 14 NRC 1768 (1981); decision on appeal pending.
We believe that this alternative dis-closure practice will help to minimize the burden on the Board and the parties while, at the same time, permit Edison to meet its obligation to keep the Board and parties in-formed of developments relating to Byron.
WHEREFORE, Edison respectfully requests that the Board withdraw that portion of its July 26, 1982 Order t
enjoining Edison from providing the Board and the parties information pertaining to matters pending before the Board and instruct Edison as to the manner in which Edison's disclosure obligations should be fulfilled.
Dated:
August 27, 1982
- u
- bmitted, Resp,
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Al n P.
1a ski One of the Attorneys for Commonwealth Edison Company Michael I. Miller Alan P. Bielawski ISHAM, LINCOLN & BEALE Three First National Plaza Chicago, IL 60602 (312) 558-7500 Joseph Gallo ISHAM, LINCOLN & BEALE 1120 Connecticut Ave., N.W.
Suite 840 Washington, D.C.
20036 (202) 833-9730
t CERTIFICATE OF SERVICE The undersigned, one of the attorneys for Common-wealth Edison Company, certifies that on this date he filed two copies (plus the original) of the attached pleading with the Secretary of the Nuclear Regulatory Commission and served l
a copy of the same on each of the persons at the addresses shown on the attached service list in the manner indicated.
Date: August 27, 1982 a
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Alan' V Bidlawski s
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S SERVICE LIST COMMONWEALTH 'OISON COMPANY -- Byron Station Docket as. 50-454 and 50-455
- Morton B. Margulies, Esq.
- Atomic Safety and Licensing Administrative Judge and Chairman Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Secretary Attn:
Chief, Docketing and
- Dr. Richard F. Cole Service Section Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Ms. Betty Johnson 1907 Stratford Lane
- Myron M. Cherry, Esq.
Rockford, Illinois 61107 Cherry & Flynn Three First National Plaza
- Ms. Diane Chavez Suite 3700 SAFE Chicago, Illinois 60602 608 Rome Ave.
Rockford, Illinois 61107
- Atomic Safety and Licensing Board Panel
- Dr. Bruce von Zellen U.S. Nuclear Regulatory Commission.
Department of Biological Sciences Washington, D.C.
20555 Northern Illinois University DeKalb, Illinois 60115
- Chief Hearing Counsel Office of the Executive
- Joseph Gallo, Esq.
Legal Director Isham, Lincoln & Beale U.S. Nuclear Regulatory Commission Suite 840 Washington, D.C.
20555 1120 connecticut Ave.,
N.W.
- Dr. A Dixon Callihan Union Carbide Corporation
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- Douglass W. Cassel, Jr.
P.O.
Box Y Jane Whicher Oak Ridge, Tennessee 37830 BPI Suite 1300
- Mr. Steven C. Goldberg 109 N. Dearborn Ms. Mitzi A. Young Chicago, IL 60602 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Via U.S. Mail Via Express Mail Via Messenger