ML20128P784
| ML20128P784 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 05/31/1985 |
| From: | Gallo J COMMONWEALTH EDISON CO., GALLO, J. |
| To: | |
| References | |
| CON-#285-244 OL, NUDOCS 8506030641 | |
| Download: ML20128P784 (6) | |
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5/31/85 gELATED CO.RRESP,0NDENCE UNITED STATES OF AMERICA 00CKETED NUCLEAR REGUIA'IORY COFNISSIQi BEFORE THE A'KMIC SAFEIY AND LICENSING BM JUN -3 All :35 CFT!CE OF SEC! IGA.M
~In the Matter Of:
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00CAETlHG & SERVE BRANCH y
OTMONWEALTH EDISON CCMPANY
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Docket Nos. 50-456CL-(Braidwood Nuclear Power
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50-4570 L-Station, Units 1 and 2)
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Status Report Pursuant to the Atanic Safety & Licensing Board's Order of April 17, 1985, Cmmonwealth Edison Caupany (" Applicant") subnits the following report. This report covers the present status of discovery, any revisions to the admitted contentions and settlement discussions. Counsel for the Applicant is authorized to state that counsel for the NBC Staff and Bob Neiner Farms, Inc., and Ms. Roren concur in this report.
Bob Neiner Farms, Inc. - Contention 4 (Joliet Arsenal). The Applicant took the deposition of the witness for the NBC Staff, Mr. Charles Ferrell, on May 17, 1985.
Ms. Creek, the spokesperson for Bob I
Neiner Farms, Inc., was deposed by Applicant on May 21, 1985. The NBC Staff participated in the deposition of Ms. Creek.
Discovery has been cmpleted on Contention 4, except that Appli-cant with the concurrence of NRC Staff Counsel has reserved the option to recall Mr. Ferrell once he has canpleted his review of the issues 8506030641 850531
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PDR ADOCK 05000456 G
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underlying Contention 4.
Applicant has been unsuccessful in its attempts to obtain reliable information frcm the U.S. Army about the potential use of Joliet Arsenal as a site to manufacture RDX-BMX explosives.. 'Ihe Applicant intends to subpoena an appropriate representative of the Army as a witness who would either testify at an evidentiary deposition or the hearings.
Mr. Bock and his client are considering a proposal to settle this contention. We should know whether or not settlement is possible within the next two weeks.
In the interim, it would not be appropriate to attempt to revise Contention 4.
Bob Neiner Farms, Inc. - Contention 1 (765 kV transmission lines). The Applicant took the deposition of the witness for the NBC Staff, Dr. Pentecost, on May 16, 1985. Ms. Creek was deposed by the Applicant on May 21, 1985, and the NRC Staff participated in the deposi-tion. Discovery has not been ccurpleted on this issue. Applicant with the concurrence of NRC Staff Counsel has reserved the option to' recall Dr.
Pentecost once he has ccxtpleted his review of the issues underlying Con-tention 1.
Counsel for Bob Neiner Farms, Inc. intends to call one or-more witnesses who were either not known or unavailable for a deposition during May. Mr. Bock has agreed to make these witnesses available for depositions
- as soon as they have been identified and/or their schedules permit. The Applicant similarly has not identified its witnesses and it has agreed to make them available to Mr. Bock for deposition on the same basis as in-dicated for his witnesses. The NRC Staff would, of course, participate in any further discovery on this matter.
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m 0-9 As required by the April 17 Order, Applicant filed, on May 30, the affidavit of Mr. Alfred H. Getty concerning the Applicant's present plans for the installation of 765 kV transmission lines. This affidavit served as the basis for settleent discussions with Bob Neiner Fams,
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Inc., and the Applicant is considering several proposals to settle this contention. We should know whether or not settlement is possible within the next two weeks. It does not appear necessary to revise Contention 1.
Bridget Little-Rorm - Contention 1 (Emergency Plans).
Ms. Rorm's deposition on this issue was taken by the Applicant on May 21, 1985. The NRC Staff participated in the deposition. Applicant is pre-sently considering whether to file a motion to cmpel answers to several questions that Ms. Rorem declined to answer during the deposition.
Ms. Rorem indicated several concerns with respect to the wording of the Applicant's m ergency planning brochure. She is undertaking to suggest severcl revisions to the brochure which Applicant has agreed to consider. We should know whether or not it is possible to settle this aspect of Contention 1 in the next two weeks. Ms. Ror m has agreed to delete the word " hospitals" frcm paragraph c. of Contention 1.
No other changes were made to the wording of the contention.
Counsel for Applicant understands that the State and Local emergency plan for Braidwood Station will not be issusd until late July or i
August 1985.
It will be sent to the NRC Staff at that time for its review, which will include a review and evaluation by the Federal Dnergency Management Agency ("FD4A"). The latter agency's review is estimated to take two months. Thereafter, the NRC Staff will be able to finalize its position on the adequacy of the Plan and draft testimony.
It is 3
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apparent, therefore, that Contention 1 cannot be litigated during hearings scheduled for October 1, 1985. Applicant suggests that a revised hearing-schedule for the litigation of this issue be held in abeyance until it is known when the State and local plan will be made available to FDR and Ms.
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-Borem.
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Respectfully subnitted, s YJ JjaJibph %llo tine of the Attorneys for 4
Cemnnnwealth Edison Cmpany Isham,' Lincoln & Beale 1120 Connecticut Avenue, N.W.
Suite 840 Washington, D.C.
20036 Dated: May 31, 1985 4
1 UNITED STATES OF~ AMERICA NUCLEAR REGULATORY COMMISSION RELATED CORRESPO.NDENCE :
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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COMMONWEALTH EDISON C MPANY-
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Docket Nos. 50-456
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50-457
'(Braidwood Nuclear Power Station
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Units 1 and 2)
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000KETED USNRC CERTIFICATE OF SERVICE
'85 JUN -3 A11 :35 I hereby certify that a copy of the STATUS REPORT.was GFFICE OF SEChiAik :
served by_ (i). messenger on the persons listed below wi%liKf6ggERVICF-asterick after their' names, (ii)' Federal Express or Express-Mail on the-persons listed below'with two astericks after their names, and
-.(iii) deposit in the United States mail, first-class postage prepaid on the remaining persons, this 31st day of May, 1985.
' Lawrence Brenner, Esq. Chairman
- C. Allen Bock, Esq.**
Administrative Law Judge P.O.
Box 342 Atomic: Safety and Licensing Board Urbana, IL 61801 U.S. Nuclear Regulatory Commission-Washington, D.C.-
20555 Dr. A. Dixon Callihan**
Atomic Safety and Administrative Law Judge Licensing-Board Panel 102 Oak Lane U.S.' Nuclear Regulatory Oak Ridge, TN 27830 Commission Washington, D.C.
20555 Dr. Richard F. Cole
- Atomic Safety and
-Administrative Law Judge Licensing Appeal-Board Atomic Safety and Licensing Board Panel
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U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 41 Ms.'Bridget Little Rorem**
1171 North Linden Street P.O. Box 208 JEssex,.IL.
60935
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Myron Karman,. Esquire
- Docketing and' Service Section Elaine I. Chan,. Esquire Office of the Secretary Office of General Counsel.
U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission
' Commission Washington, D.C.
20555 Washington, D.C.
20555 Douglass W. Cassel, Jr., Esquire Lorraine Creek **
Timothy W. Wright, III, Esquire Route 1 BPI' Box 182 109 North Dearborn Street-Manteno, Illinois 60950 Suite 1300 Chicago, Illinois 60602 Charles Jones, Director Illinois; Emergency. Services and Disaster Agency
'110: East Adams Springfield, IL. 62705 Ab a _kb eph gallo' e of the Attorneys for Commonwealth Edison Company Il-I:
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