ML20084J872

Response to Applicants Supplemental Memorandum Re Financial Qualification Issues.Util Attempt to Reargue Opening Brief Should Be Rejected.Certificate of Svc Encl

ML20084J872
Person / Time
Site:	Byron
Issue date:	05/04/1984
From:	Whicher J DEKALB AREA ALLIANCE FOR RESPONSIBLE ENERGY, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL, SAFE ENERGY FOR NEW HAVEN
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
OL, NUDOCS 8405110010
Download: ML20084J872 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0

BEFORETHEATOMICSAFETYANDLICENSINGAPPEALBOARD{,gTED In the Matter of:

10 g0:26 COMMONWEALTH EDISON COMPANY )

) 454_0L (Byron Nuclear Power Station, ) Docket Nos.STNSTN 50- 5R!45E01U .

Units 1 and 2) ) ~ ~ %ff  ;

INTERVENORS' RESPONSE TO APPLICANT'S SUPPLEMENTAL MEMORANDUM I. Financial Qualifications.

On April 26, the Commission approved portions of a Policy Statement that would result in litigation of, at a minimum, DAARE/ SAFE's original financial qualifications contention before any operating license can be issued for Byron. */

Edison concedes (Memorandum at p. 3) that, given appro-priate Commission direction, DAARE/ SAFE's original contention (Edison Attachment A), will be the subj ect of litigation.

While written without benefit-of legal counsel, that con-r tention is broad enough to subsume all the financial quali-fications issues set forth in more detail in the League's j e

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-*/ It is the understanding of the undersigned, based on

! conversations with counsel for the Staff, that the i

eg following language has been orally approved by the i n. Commission:

Mc "In pending contested proceedings where financial ,

+$ qualifications contentions have been filed and dis-allowed based on the now invalid rule, the Licensing

$ Boards in these proceedings are directed to advise

.gg the parties of the effect of the Court's mandate and

-3 p to establish procedures for the consideration or

qg reconsideration of financial qualifications con-

[ 3a.o tentions upon motion by a party. The Commission rec-ognizes that in some cases this may require additional

hearingt and decisions on such contentions prior to license issuance. I)gg]

m contentions (Edison Attachment C) as well as the financial qualifications contention submitted with DAARE/ SAFE's petition for waiver (Attachment B). l Moreover, Edison misses the point of litigation of the financial qualifications issue: it is not whether Edison has the financial ability to complete construction of Byron (see Edison Memorandum at pp. 4-5), but whether it has the financial ability to do so "in a manner which will result in a safe plant" (DAARE/ SAFE Financial Qualifications Contention, Edison Attachment B). See also, Commonwealth Edison Company (Byron Nuclear Station, Units 1 and 2), LBP-80-30, 12 NRC 683, 692, describing the League's contentions as raising the issue of whether Edison "is financially qualified to operate the Byron facility in a safe manner." **/

In sum, there is presently no valid rule prohibiting litigation of financial qualifications. The Policy Statement makes clear that financial qualifications contentions are to be litigated, and the one contention falling squarely within the Statement encompasses the issues raised in the other contentions, which merely state the same contention in greater detail.

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DAARE/ SAFE believes that its original contention is sufficiently broad to include the issue 2f Edison's financial qualifications to safely decommission Byron.

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II. Judicial Disqualification Edison was invited to show this Board why the Licensing Board should be disqualified under the judicial disquali-fication rule adopted by the Commission in' Houston Lighting and Power Company, (South Texas Project, Units 1 and 2) , CLI-82-9,15 NRC 1363 (1982) . (See transcript of April 19 oral argument at pp. 38-39.) Application of the rule would not disqualify the Licensing Board here and Edison does not suggest otherwise. Edison's attempt to reargue its opening brief should be rejected.

Respectfully submitted, l 6

b DATED: May 4, 1984 Jane M. Whicher  !

Attorney for Intervenors the Rockford League of Women Voters and DAARE/ SAFE Jane M. Whicher Business and Professional People for the Public Interest 109 North Dearborn Street l Suite 1300 Chicago, IL 60602 (312) 641-5570

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION UWkifD BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

) gy pgy 70 A10:26 COMMONWEALTH EDISON COMPANY ) Docket Nos.

) 50-455F 50-454{:cpgg,/7 (Byron Nuclear Station, Units ) 90C 4 n ,

~ "'"Ch 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify this 4th day of May, 1984, that copies .

of "INTERVENORS' RESPONSE TO APPLICANT'S SUPPLEMENTAL MEMORANDUM" in the above captioned proceeding was served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, by Federal Express, or, by double asterisks, hand delivered.

• Alan S. Rosenthal, Chairman Dr. A. Dixon Callihan Administrative Judge Administrative Judge Atomic Safety and Licensing Union Carbide Corporation Appeal Board P.O. Box Y U.S. Nuclear Regulatory Oak Ridge, TN 37830 Commission Washington, D.C. 20555 Dr. Richard F. Cole Administrative Judge

• Howard Wilbur Atomic Safety and Administrative Judge Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 ** Mike Miller ISHAM, LINCOLN & BEALE

• Dr. Reginald L. Gotchy Three First National Plaza Administrative Judge 52nd Floor Atomic Safety and Licensing Chicago, IL 60602 Appeal Board U.S. Nuclear Regulatory

• Richard J. Rawson, Esq.

Commission Office of Executive Legal Washington, D.C. 20555 Counsel

• Ivan W. Smith, Chairman Administrative Judge Joseph Gallo, Esq.

Atomic Safety and ISHAM, LINCOLN & BEALE Licensing. Board 1120 Connecticut Ave., N.W.

U.S. Nuclear Regulatory Washington, D.C. 20036 Commission Washington, D.C. 20555

m Office of the Secretary of the Conunission ATTN: Docketing & Service Section U.S. Nuclear Regulatory Cotanission Washington, D.C. 20555 DATED:

May 4, 1984 Jane M. Whichet l

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