ML20081C138

Withdrawal of Previous Response to Own Counsel Motion to Strike Proposed Findings of Fact & Conclusions of Law.Motion to Strike Never Filed But Mailed to Svc List to Intimidate Intervenor Into Paying Disputed Fee.Related Correspondence

ML20081C138
Person / Time
Site:	Byron
Issue date:	10/27/1983
From:	Lewis E LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8310310127
Download: ML20081C138 (3)

Text

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UNITED STATES OF AMERICA l'UCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR 3 OCT 27 A11:36 LFFS i : :% -

00Mip.3 ; 3g;q, In the Matter of )

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Eyron Nuclear Power Station, )

Units 1 & 2) )

INTERVENOR'S WITHDRAWAL OF ITS RESPONSE TO

• MOTION TO STRIKE OF ITS COUNSEL Now comes Intervenor, ROCKFORD LEAGUE OF WOMEN VOTERS, on its own behalf, and withdraws its response previously filed to an alleged motion of its counsel of record for the entry of an Order " striking all of the proposed Findings of Fact and Conclusions of Law previously filed by counsel on behalf of Intervenor and granting counsel leave to withdraw", said alleged motion to strike having been attached to said response thereto.

The~ explanation for this withdrawal of the response is as follows:

1. On October 6th and on October 7th, 1983 the two representatives of the Intervenor on the " Service List" received in the mail from Intervenor's counsel of record copies of the alleged motion to strike signed by him, which was not accompanied 8310310127 831027 PDR ADOCK 05000454 l

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by a cover letter of explanation from him. However, these representatives assumed that Intervenor's counsel of record had filed the alleged motion to strike in these proceedings by' mailing to all other parties on the " Service List" because said' counsel had previously threatened to file such a motion to strike in a phone conversation on se,ptember 20th or 21st and in a letter from him dated September 21, 1983 unless his demand for payment to him by -Intervenor of a disputed fee was met. Accordingly, a response on behalf of Intervenor to the alleged motion to strike was mailed on October 10, 1963 to all parties on the " Service List", including Intervenor's counsel of record.

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Representatives of Intervenor have subsequently learned-that several parties on the " Service List", including the Administrative Judge and Chairman of the Atomic Safety and Licensing Board Panel,'have not received the alleged motion to strike from Intervenor's counsel of record, except for the copy thereof attached to Intervenor's response. It is therefore con-cluded on behalf of Intervenor that the alleged motion to strike l-was never " filed" by its counsel of record and perhaps was mailed only to representatives of Intervenor to intimidate them into pay-ing the disputed fee he demanded.

Respectfully Submitted, Rockford League of Women Voters By - nn~, Nor,x n

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A r COMMONWEALTH EDISON COMPANY--BYRON STATION Docket Nos. 50-454 and 50-455

. Ivan W. Smith, Esq . -

Mr. Steven C. Goldberg Administrative Judge and Chairman Ms . Mitzi A. Young Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissiot Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard F. Cole >

- Joseph Gallo, Esq.

Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Board Suite 840 U.S. Nuclear Regulatory Commission 1120 Connecticut Ave., NW.

DC 20555 Washington, D.C. 20036 fWashington, Dr. A. Dixon Callihan  ! Douglass W. Cassel, Jr.

Administrative Judge Jane Whicher Union Carbide Corporation BPI P.O. Box Y Suite 1300 ,

Oak Ridge , TN 37830 109 N. Dearborn Chicago, IL 60602 Alan Bielawske Isham, Lincoln & Beale -

Ms. Diane Chavez Three First National Plaza SAFE

' Chicago, IL 60602 326 N..Avon.St.

- Rockford, IL 61103 y David Thomas, Esq. ~

Dr. Bruce von Zellen Kent Law School Clinic 77 So. Wacker Dr. Depart, of Biological Sciences Chicago, IL 60621 Northern Illinois University DeKalb, Illinois 60115 -

> Atomic Safety and Licensing Board Panel -

i- Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Chief :learing Counsel Office of the Executive '

Secretary Legal Director Attn: Chief Docketing & Service '

U.S. Nuclear Regulatory Commission Section _

Weahington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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