ML20070M078

Application for Subpoena Duces Tecum Directing P Stomfay- Stitz to Appear on 830119 in Chicago,Il for Deposition Re Design,Const & Future Operation of Plant.Certificate of Svc Encl

ML20070M078
Person / Time
Site:	Byron
Issue date:	01/07/1983
From:	Bielawski A COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8301120261
Download: ML20070M078 (7)

Text

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""~ DXKETED Dated: Jaduh~ry 7, 1983 UNITED STATES OF AMERICA 83 JM111. A10:10 NUCLEAR REGULATORY COMMISSION -

ATOMIC SAFETY AND LICENSING BOARD 2 Did E E Di M CH In the Matter of )

)

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454-OL

) 50-455-OL (Byron Nuclear Power Station )

Units 1 and 2) )

)

COMMONWEALTH EDISON COMPANY'S APPLICATION FOR SUBPOENA Pursuant to 10 CFR S 2.720, Commonwealth Edison Company (Edison) hereby requests that the Licensing Board issue a subpoena duces tecum directing Peter Stomfay-Stitz to appear and give his deposition before a certified court reporter at the offices of Isham, Lincoln & Beale, Three First National Plaza, Chicago, Illinois 60602, at 10:00 A.M.

local time, January 19, 1983, and to make available for in-spection and/or copying the documents described in Attachment A hereto.

The purpose of the deposition is to inquire of Mr. Stomfay-Stitz as to his knowledge regarding the design, construction and future operation of the Byron Nuclear Power Station and into such other matters which are directly relevant to issues now before the Licensing Board in this proceeding.

As grounds for its application, Edison states the following:

B30112O261 830107 PDR ADOCK 05000454 0 PDR g} ,

. 1. DAARE/ SAFE submitted the affidavit of Mr.

Stomfay-Stitz in support of its Motion to Reconsider Summary Disposition of Contention 1 With Respect to Quality Assurance and Quality Control, dated September 23, 1982.

2. Counsel for DAARE/ SAFE has informed counsel for Edison that DAARE/ SAFE intends to call Mr. Stomfay-Stitz as a witness during the hearing in this proceeding in support of contention 1 relating to Quality Assurance and Quality Control.

3. This Board is authorized to issue a subpoena duces tecum in aid of discovery directed to third parties.

Pacific Gas & Electric Co. (Stanislaus Nuclear Project, Unit 1) , ALAB-550, 9 NRC 683 (1979).

WHEREFORE, Commonwealth Edison Company respect-fully requests that this Board issue a subpoena duces tecum to Mr. Peter Stomfay-Stitz, directing him to appear at 10:00 A.M. on January 19, 1983, at the offices of Isham, Lincoln &

Beale, Three First National Plaza, Chicago, Illinois 60602, for the purpose of taking his deposition upon oral examina-tion before a court reporter, certified in the State of Illinois, and to provide by January 18, 1983, for inspection and/or copying by Edison the documents described in Attach-ment A hereto.

Dated: January 7, 1983 Respectf 1 s gitt d, Michael I. Miller .

! Alan P. Bielawski 6% -

ISHAM, LINCOLN & BEALE Altn P. awski

! Three First National Plaza One of he Attorneys for i

Chicago, Illinois 60602 Commonwealth Edison Company (312)558-7500 I

'dntteh Ea::es af America NUCLEAR REGULATORY COMMISSION v

In the matter of:

• COMMONWEALTH EDISON COMPANY (Byron Station, Units 1 and 2) >. DOCKET NOS. STN-4 54-OL STN-455-OL l

. TO Peter Stomfay-Stitz c/o Jane M. Whicher .

BPI

• 109 North

Dearborn,

Suite 1300 Chicago, IL 60602 YOU ARE HERESY COMMANDED to appear ..a,t,,,,t,h3 ,,g,f,f,,iggs,,,g,f,,,3,s,p,am , ;, ,,,,, , , ,

Beale , Three First National Plaza

.L..i..n..c..o..l..n.....an..d In th e ci ty o f . .....C.hi .Q.0.99. .. 7.k.... 6,0,6,0,2,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

o n th e.......l.9..t,h....dsy o f.....Y.a,p,g,a,r,y,,,,,,,,,,,,, t 9,,8,3,,,,,,,3 g,,,,},g,y,0. 9........ 0'clo ek ^*M.

to testify o n beh2if of .....C..o..m...m..o..n..w...e..a...l t..h....E.d..i..s..o...n....C..o...m..pa..n...y make available .

in the above entitled action and betywlthW the document (s) o'r object (s) described in the attached schedule.

=.

. BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY ATTORNEY FOR Commonwea1th ,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,_,,39,,,,,,,,,,,_

FAinnn enmnany Alan P. Bielawski, Esq. -

(312) 558-7445 ,

10 Cf.R. 2.720 ((} p,end,ng ofpcer or, if ne is unv.,isole. tne On motion made promptly, and in any cuent Communon may ()) quases or modtfy the sub=

• • ** before the ame spectfted in the anspoene poene af it is unreasonable or requires evedence for comotience by the perron to whom gne syg. not relennt to one matter in usue, or (:) con-porne is directed. and on nance to the perry at einen densat of rne monon on just and reasonable mease inssence the subpoene ws ts.ued. the terms.

ATTACRMENT A TO SUBPOENA DUPES TECUM You are hereby directed to make available, seg-regated by category, on January 18, 1983, in the offices of Isham, Lincoln & Beale for inspection and/or copying by same, counsel of record for Applicant, Commonwealth Edison Company, the following documents:

Category 1 All documents provided to you by either the Rockford League of Women Voters (" League") or DAARE/ SAFE in connection with any review or analysis performed by you of Commonwealth Edison Company's Byron Nuclear Power Station (" Byron Station").

Cateogry 2 All documents consulted or reviewed by you in connection with any review or analysis performed by you of the Byron Station and which you believe to contain information directly relevant to the safety of the design, construction or operation of the l

Byron Station.

Category 3 All documents written, dictated, authored, co-authored, or to which you contributed information or idens of any kind which directly relate or refer to the Byron Station, or which discuss, analyze or refer to safety-related considerations which you believe are applicable to the Byron Station.

Category 4 All documents provided by you to the League or DAARE/ SAFE in connection with any consultation you have engaged in with the League or DAARE/ SAFE which in any way relate to the Byron Station.

For purposes of this subpoena, the term document shall include any information recorded in any permanent or semi-permanent form. This subpoena requires you to produce the original, or a copy if the original is not in your possession or under your control; together with any and all non-identical copies. A non-identical copy is any copy which differs from the original by way of addition or deletion, including without limit handwritten or other notations added to the document before or after copying.

F l

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e 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 a copy of the same on each of the persons at the

, addresses shown on the attached service list in the manner indicated.

I Date: January 7, 1982 I - l ut u-k i

1 l

l l

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SERVICE LIST COMMONWEALTH EDISON COMPANY -- Byron Station Docket Nos. 50-454 and 50-455 C* Mr. Ivan W. Smith

• Secretary Administrative Judge and Chairman Attn: Chief, Docketing and Atomic Safety and Licensing Service Section Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

• • • Ms. Betty Johnson

• • Dr. Richard F. Cole 1907 Stratford Lane Atomic Safety and Licensing Rockford, Illinois 61107 Board Panel U.S. Nuclear Regulatory Commission * *

• Ms . Diane Chavez washington, D.C. 20555 SAFE 326 North Avon Street

• Atomic Safety and Licensing Rockford, Illinois 61103 Board Panel U.S. Nuclear Regulatory Commission

• Dr. Bruce von Zellen Washington, D.C. 20555 Department of Biological Sciences Northern Illinois University

• Chief Hearing Counsel DeKalb, Illinois 60115 Office of the Executive Legal Director *** Joseph Gallo, Esq.

U.S. Nuclear Regulatory Commission Isham, Lincoln & Beale Washington, D.C. 20555 Suite 840 1120 Connecticut Ave., N.W.

• Dr. A Dixon Callihan Washington, D.C. 20036 Union Carbide Corporation P.O. Box Y *** Douglass W. Cassel, Jr.

Oak Ridge, Tennessee 37830 Jane whicher BPI

• • Mr. Steven C. Goldberg Suite 1300

• • • Ms. Mitzi A. Young 109 N. Dearborn Office of the Executive Legal Chicago, IL 60602 Director U.S. Nuclear Regulatory Commission ***Ms. Patricia Morrison Washington, D.C. 20555 5568 Thunderidge Drive Rockford, Illinois 61107

• Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

• Via U.S. Mail  !

\

• • Via Express Mail j

• • • Via Messenger

. . .