ML20092P244

Motion for Extension of Time to Petition ASLB Re Emergency Planning Contention.Notice of Appearance & Certificate of Svc Encl

ML20092P244
Person / Time
Site:	Byron
Issue date:	07/02/1984
From:	Zimmerman S JOINT INTERVENORS - BYRON, PEDDERSON, MENZIMER, CONDE, STONER & KILLOREN
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8407060095
Download: ML20092P244 (7)

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l UNITED STATES OF AMERICA __ , , _ _

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

• e4 11 -5 P1 :36 IN THE liATTER OF: )

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COMMONWEALTH EDISON COMPANY ) DOCKET' N0s..;4'0'-454 OL

) 50 455 OL

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(Byron. Nuclear Power Station, )

Units 1 & 2) ) MOTION FOR EXTENSION OF TIME NOW COME the Dekalb Area Alliance for Responsible Energy, the Sinnissippi Alliance for the Environment, the Rockford League of Women Voters, (hereinafter "Intervenors") , by their attorneys, Pedderson, Menzimer, Conde, Stoner & Killoren, by Steven P.

Zimmerman, and for their Motion for Extension of Time, state as follows:

1. Intervenors and Commonwealth Edison Company, (hereinafter

" Edison"), and the Nuclear Regulatory Commission staff ,

entered into a Stipulation in March of 1983 which removed certain issues, all relating to the Emergency Planning Contention from the April, 1983 license hearings, to be resolved in accordance within the framework of the Stipulation.

2. Paragraph 4(d) of the Stipulation provides that Edison shall notify Intervenors in writing'when it believes a Commitment has been satisfied.

3. Edison gave notice in writing of its belief that Commitments were satisfied on the following dates:

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April 16, 1984 Q,R,S,T,X May 30, 1984 A,B,C,D,E June 7, 1984 M,N,P,U,V,W June 13,1984 F,G,H,1,J,K,L,0,Y,Z

4. Intervenors have replied to each notification letter from Edison in accordance with paragraph 6(a), indicating on the majority of these Commitments that Intervenors are unable to determine at this time whether said Commitments have been satisfied and that Intervenors are undergoing efforts to verify same

5. Paragraph 6(a) provides that Intervenors may petition the Licensing Board for a hearing within thirty (30) days of receipt of notification by Edison of its belief that all of the Commitments set forth in the Stipulation have been satisfied.

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6. Intervenors received notice on June 13, 1964, from Edison of its belief that all of the Commitments have been satisfied.

7. Intervenors have exercised due diligence throughout the period of the Stipulation in determining whether a Commitment has been satisfied and in making their independent assessment as to each Commitment, in accordance with paragraphs 4 and 6 of the Stipulation. _

8. Although negotiations between Intervenors and Edison are proceeding forward at this time in regards to Edison's provision of documents to Intervenors pursuant to paragraph 4(b)(i),Intervenors' access to certain documents.

upon which Edison relies in its Commitments has been either limited or denied during the period of the Stipul,ation.

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9. Despite Intervenors' exercise of due diligence, Intervenors are unable to determine whether many of the

. Commitments had been satisfied without an extension of time for further verification prior to the thirty (30) day cut-off date for petitioning the Licensing Board.

l~0 . Specifically, Intervenors have taken the following action in regards to specific Commitments or groups thereof:

Q,R. Objections to language contained in the brochures have been made: negotiations continue.

T. Spot survey completed;results to be tabulated and sent to Edison, shortly.

S. Will require arrangements for mobily impaired similar to nursing home residents, as provided in Commitments M and N.

A,B,C, All school superintendents have been contacted D,E and school SOPS have been reviewed.

F,G,H, Two expert witnesses have been engaged to review I,J,K Time Estimate Study;said experts may require -

additional documentation.

M,N,0 All nursing homes have been contacted-three administrators are on vacation; Nursing Home SOPS have been reviewed.

P. Training manuals requested have not been provided to Intervenors.

U,V Access to IPRA has been limited until Intervenors were given their own copy on June 29, 1984.

W. Intervenors have met with two mayors and have appointments to meet all others.

11. Edison will not be prejudiced by the extension of time rdquested by Intervenors, but said extension would allow Edison and Intervenors the opportunity to continue to

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resolve certain issues during the time in which Intervenors continue their independent assessment as to other issues.

WHEREFORE, Intervenors prhy that t$1eBoardgrantIntervenors Motion for_ Extension of Time for a reasonable period to allow Intervenors additional time to determine.whether the Commitments have bean satisfied, pursuant to paragraph 6(a) of the Stipulation.

DEKALB AREA ALLIANCE FOR RESPONSIBLE ENERGY, THE SINNISSIPPI ALLIANCE FOR THE ENVIRONMENT, THE ROCKFORD LEAGUE OF WOMEN VOTERS; Intervenors BY: PEDDERSON, MENZIMER, CONDE, STONER & KILLOREN BY: ,

STEVEN P. ZpN 4

STEVEN P. ZIMMERMAN Pedderson, Menzimer, Conde,

~ Stoner & Killoren 120 W. State-St. -. Suite 400 Rockford, IL 61101 '

(815) 987-4000- ,

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UNITED STATES OF AMERICf.

NUCLEAR REGULATORY COM'IIS5IJN { ,{

u 21 -5 Pi:36 BEFORE THE ATOMIC SAFETY AND LICE 55 NG BOARD y2 IN THE MATTER OF: ) I k IjyfdCk..

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COMMONWEALTH EDISON COMPANY ) DOCKET NC3. 50-454

) 50-455(OL)

(Byron Nuclear Power Station, )

Units 1 and 2) )

ENTRY OF APPEARANCE I hereby enter my appearance on behalf of the DeKalb Area Alliance for Responsible Energy (DAARE), the Sinnissippi Alliance for the Environment (SAFE), and the Rockford League of Women Voters, Intervenors in the above-es;:tioned matter.

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' STEEN P. yRMAN l

~ STEVEN P. ZIMMERMAN Pedderson, Menzimer, Conde, Stoner & Killoren 120 W.' State St. - Suite 400 Rockford,. Illinois 61101 (815) 987-4000 -

STATE OF ILLINOIS ) ,

) SS: -

COUNTY-0F WINNEBAGO)

The undersigned being first duly" sworMon oat d 5 (Sep23es and.says that she served the within Entry,,of Appearance and Motion]for;EXtgnsion of Time

.~. A h:. n upon:

See attached Service List

. by placing a true and correct copy of said Entry of Appearance and Motion for Extension of Time in an envelope, addressed as shown above.

That she sealed said envelope and placed sufficient U.S.

postage thereon; that she deposited said envelope so sealed and stamped in the United States Mail at Rockfo'rd, Illinois, at or a bout t eh hour of 5:00 P.M. o'n the 2nd day of July , 198 4, .

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• b' 0 Subscribed and sworn to before me this d/lb day of bLl U

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' NOTARY PUBLIC

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• s SERVICE LIST Ivan W. Smith Pat M:rrison Administrative Judge 5565 Thunderidge Dr.

Atomic Safety and Licensing Board Rockf:rd, IL 61107 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Diane Chavez 326 N. Avon St.

Dr. Richard Cole Rockferd, IL 61103 Administrative Judge Atomic Safety and licensing Board Sheriff Jerry Brooks U.S. Nuclear Regulatory Commission Ogle County Washington, D.C. 20555 P.O. Iox 216 Oregon, IL 61061 A. Dixon Callihan Administrative Judge Dr. Bruce von Zellon Atomic Safety and Licensing Board Dept. of Biological Sciences Union Carbide Corporation NIU Oak Ridge, Tennessee DeKal':, IL 60.'.15 Richard Rawson Mitzi Young Office of Executive Legal Director U.S. Nuclear Regulatory Commission Wa:hington, D.C. 20555 Secretary ATTN: Chief, Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Alan Bielawski Isham Lincoln & Beale 3 First National Plaza Chicago, IL 60602 Jane Whicher BPI/109 N. Dearborn Chicago, IL 60602 Mr. Eric Jones Director IL. ESDA 110 E. Adams St.

Springfield, IL 62706 Paul Hombeck 1300 Green St.

Durham, N.C. 27701 E..