ML20092P753

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Comments on Whicher 840702 Request to Hold Proceedings in Abeyance.Util Entitled to Timely Consideration of Application & Motion to Delay Hearings Unreasonable
ML20092P753
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 07/06/1984
From: Gallo J
COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To: Callihan A, Cole R, Mark Miller
Atomic Safety and Licensing Board Panel
References
NUDOCS 8407090339
Download: ML20092P753 (2)


Text

._ ; e ISHAM, LINCOLN & BEALE y, COUNSELORS AT LAW

?120 CONNECTICUT AVENUE. N W. . SUITE 840 -

WASHINGTON. D C. 20c16 EDW4AD 5. ISHAM 1872-1902 202 833-9730 CHICAGO OFFICE ROSERT T UNCOLN, 1872 1889 THREE FIRST NAT;ONAL PLAZA WILUAM G. BEALE. 180$ 1923 CHICAGO. ILLINOIS 60002

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July 6, 1984 r.

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'VIA MESSENGER = G NCE Marshall E. Miller, Esq., Chairman Dr. Richard F. Cole

Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing Board Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Board Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. A. Dixon Callihan I Administrative Law Judge Union Carbide Corporation P. O. Box "Y" Oak Ridge, TN 37830 Re
In the Matter of Commonwealth Edison Company (Braidwood Nuclear Power Station, Units 1 and 2 Docket Nos. 50-456 and 50-457 I

Dear Administrative Judges:

We are in receipt of Ms. Whicher's letter of July 2, j

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1984 requesting that the Braidwood proceedings be held in abeyance. Commonwealth Edison Company opposes this attempt by Intervencr's counsel to delay the prehearing and hearing processes. ,

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Soecifically, with regard to the Motion to Establish a )

Hearing Schedule and the Board's Order requestirg a status report, Intervencr should be required to respond in accordance with the rules of practice. Upon receipt of Ms. Whicher'c letter, Applicant provided a copy of the Board's Order to her office'on

July 5, 1984. Intervenor's counsel should not be allowed to delay these proceedings by choosing not to. respond to the Board's Order and the Applict.nt's motion at this time.

l Ms. Whicher's explanation that the Braidwood proceedings '

. should be delayed because of her illness and her involvement in l t the Byron hearings is inadequate to justify delay of the Braidwood F

8407090339 840706 PDR ADOCK 05000456 b

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,o July 6, 1984 Page 2 proceedings. Due to her illness, Ms. Whicher has presently removed herself from participation in the Eyron case and the same is presumably true for Braidwood. Moreover, Applicant understands that Ms. Whicher will be leaving BPI in September, 1984 in order to take a position with the American Civil Liberties Union.

Therefore, her continued participation in Braidwood appears doubtful. Regardless of the activities of Ms. Whicher, Intervenor Rorem's duty is to participate in these proceedings and to respond to the Board's Order and Applicant's motion continues.

Commonwealth Edison Company is entitled to timely consideration of its application for an operating license for the Braidwood units. The availability of the SER and DES and the number and complexity of issues to be litigated dictate that the Braidwood proceedings be actively pursued at this time. Delay in the schedule proposed in Applicant's June 27, 1984 motion could potentially jeopardize the currently proposed fuel load date of August, 1985. Thus, Applicant urges that the Board reject Ms.

Whicher's request and that Intervenor Rorem be required to reply to the Board's Order and Applicant's motion as required by the rules of practice.

Respectfully submitted,

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Une of the Attorneys for Commontfealth Edison Company JG:sv

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