ML20077C986

Response Opposing Govt Accountability Project Motion for Leave to File Amicus Curiae Brief Re NRC 830708 Certification Motion.Project Interest ill-founded & Arguments Immaterial.Certificate of Svc Encl

ML20077C986
Person / Time
Site:	Byron
Issue date:	07/22/1983
From:	Gallo J COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8307260310
Download: ML20077C986 (4)

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EDISON 07/22/83 UNITED STATES OF AMERICA j NUCLEAR REGULATORY COMMISSION b- 1 G Q]

Before the Atomic Safety and Licensing Ahheal Beard

) Jfgr, Y In.the Matter of ) t- 8g ~h COMMONWEALTH EDISON COMPANY ) Doc e \Nok'.%5 - 4* l'

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(Byron Station, Units 1 and 2) ) 'ys.__1 i

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I Commonwealth Edison Company's Reply to Motion For Leave To File Amicus Curiae Brief i

I On July 21, 1983, counsel to Commonwealth Edison Company (" Applicant") received a copy of the motion for leave to file a brief amicus curiae (" Motion") and accompanying brief filed by Government Accountability Project (" GAP"). GAP seeks to file a brief amicus curiae with respect to the issues raised by the motion for directed certification filed by the NRC Staff on July 8, 1983.

A person who is not a party may, in the discretion of the Appeal Board, be permitted to file a brief amicus curiae provided said party supports its request with an adequate i

! showing of interest. 10 C.F.R. S 2. 715 (d) . GAP asserts an interest in supporting and protecting the rights of t

l "whistleblowers" and in the elimination of government l

l misconduct and inaction, particularly with respect to the quality assurance responsibilities of the U.S. Nuclear Regulatory Commission. Neither of those interests are at issue in the above-captioned proceeding.

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8307260310 830722 PDR ADOCK 05000454 I G PDR ,

No issuo bafore the Appsal Board concarns a matter involving the rights of "whistleblowers". The issues _ solely relate to reconciling competing policy interests within the Commission concerning ongoing investigations and their interaction with the public hearing process. Moreover, to the extent that the term "whistleblower" is appropriate to characterize the role of Mr.'Hughes and other similar witnesses, their rights are being_ ably represented by Ms. Jane Whicher.

There is no allegation of or inference to be drawn from the record in the Byron proceeding that the Commission, including the NRC Staff, is guilty of either misconduct or inaction. Thus, the second basis for GAP's interest in the pending appeal is not well-founded. Moreover, the lack of a discernible interest is apparent from the brief amicus curiae itself, which generally contains arguments immaterial to the issues in this case. For example, the unwarranted and unsupported attack on Region III (Brief Amicus Curiae, p. 6) does not advance any issue before the Appeal Board.

! For the foregoing reasons, GAP's motion should be denied and the accompanying brief stricken from the record.

Respectfully submitted, Qe L / /x

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J p ph gallo' ~

l One of the Attorneys for l- Commonwealth Edison Company I

! ISHAM,. LINCOLN & BEALE

' .1120 Connecticut Avenue, N.W.

Suite 840 Washington, D.C.- 20036 l July 22, 1983

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board

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In the Matter of )

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- COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454

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CERTIFICATE OF SERVICE ,

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I hereby certify that copies of " COMMONWEALTH' EDISON COMPANY'S REPLY TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF" in the above-captioned docket have been served on the following by deposit in the United States mail, first class, or as otherwise indicated by hand delivery, tnis 22nd day of July 1983.

- HAND DELIVERED. HAND DELIVERED Alan S. Rosenthal, Chairman Dr. Reginald L. Gotchy

, Administrative Judge Administrative Judge 1 Atomic Safety and Licensing Atomic Safety and Licensing _

Appeal. Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 HAND DELIVERED HAND DELIVERED Christine N. Kohl Ivan W. Smith,-Esquire Administrative Judge Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 f

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e HAND DELIVERED Dr. Bruce von Zeller Dr. Richard F. Cole Department of Atomic Safety and Licensing Board Biological Sciences U.S. Nuclear Regulatory Commission Northern Illinois Washington, D.C. 20555 University DeKalb, Illinois 60115 HAND DELIVERED Steven C. Goldberg, Esquire Ms. Jane Whicher Mitzi A. Young, Esquire Douglass W. .Cassel, Jr.

Richard J. Rawson, Esquire 109 North Dearborn Office of'the Executive Legal Director- Chicago, Illinois U.S. Nuclear Regulatory Commission 50502 Washington, D.C. 20555 Thomas Devine Dr.-A. Dixon Callihan Billie Pirner Garde Union Carbide Corporation Government Account-P. O. Box Y ability Project Oak Ridge, Tennessee 37830- 1901 Que. Street, N.W.

Washington, D.C. 20009 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chief Hearing Counsel Office of the Executive' Legal Director U.S. Nuclear Regulatory Commis'sion Washington, D.C. 20555 Ms. Betty Johnson -

1907 Stratford Lane Rockford, Illinois 61107

.Ms. Diane Chavez SAFE 326 N. Avon Street Rockford, Illinois 61103 ka]>blh g7 Jpseph Gallo