ML20132E110

Motion Requesting Aslab to Establish 851021 & 22 as Hearing Dates to Litigate Rorem Contention 1(a) & to Authorize Early Distribution of Emergency Planning Booklet.Certificate of Svc Encl.Related Correspondence

ML20132E110
Person / Time
Site:	Braidwood
Issue date:	09/26/1985
From:	Gallo J COMMONWEALTH EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#385-632 OL, NUDOCS 8509300392
Download: ML20132E110 (6)

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, 9-26-85 SELATBD CuEutzarunur.nm 00CKETED UNITED STATES OF AMERICA USMC NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGBQRDSEP 27 N0:50 In.the Matter of ) GFFiCE O F p 7.,qt ;.,, .

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50bY5$$L.

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) 50-457

_(Braidwood Station Units 1 and 2) )

MOTION TO ESTABLISH HEARING SCHEDULE AND FOR OTHER RELIEF Applicant, Commonwealth Edison Company, moves the-Atomic Safety & Licensing Board (" Licensing Board") to enter an Order establishing the hearing schedule requested below and authorizing the early distribution of the emergency planning Booklet that is the subject of the testimony filed by Applicant on September 20, 1985. In support of the Motion, Applicant states:

1. The scheduled hearing date of about' October 8 for the trial of Ms. Rorem's Contention 1(a) has been postponed by the Licensing Board. The time for filing testimony on Contention 1(a') was extended to October 11, 1985 based on yesterday's advice from Judge Grossman's secretary.

2. The Licensing Board has suggested October 30-31 and November 7-8 as alternative hearing dates. Neither timeframe is feasible for the Applicant. The Braidwood emergency planning exercise required by the commission's regulations is set for November 6, 1985. Hence, the end of 8509300392 850926 PDR ADOCM 05000456 Q PDR DWB

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. October-timeframe suggested by the Licensing Board would interfere with preparations for the exercise since Applicant's witness and other support personnel would necessarily be involved in those preparations. The exercise itself and .

debriefing will not be completed until the close of business Thursday, November 7; and therefore, it is not feasible to hold hearings on November 7 and 8.

3. In view of the foregoing, the hearings on Contention 1(a) should be held either well in advance of the exercise'or thereafter. Applicant and the NRC Staff prefer hearings to be held as early as possible in October, namely, October-21 and 22 in order to avoid conflicts with other milestones in the hearing schedule that is pending before the Licensing Board for approval. October 22 is suggested merely as a contingency date since it is expected that one day will be sufficient to hear Contention 1(a). Ms. Rorem should not be prejudiced by this proposed schedule since the NRC Staff filed .

FEMA's Statement of Position on Sept' ember 12 and the Applicant filed its testimony on September 20, 1985.

4. Applicant is mindful that the ten-day interval .

between the October 11 filing date for testimony and the October 21 hearing date does not allow sufficient time for the

. prefiling of motions to strike and replies thereto and cross-examination plans. Applicant believes that in the circumstances any motions to strike should be moved, heard and decided on October 21. The prefiling of cross-examination 2 -

plans should also be dispensed-with given the pro se, appearance of Ms. Rorem.

5. Since Ms. Rorem's Contention 1(a) concerns, inter alia, the adequacy of the content and the distribution of the Braidwood emergency planning Booklet, Applicant is without authority to distribute the Booklet until the Licensing Board decides the matter. However, Applicant desires to distribute the Booklet in its present form prior to the emergency planning exercise in order to take advantage of the review opportunity provided by FEMA's participation in the oversight of the exercise. If this opportunity is missed, FEMA's review of this matter would have to await the next opportunity, April 1986.

In short, Applicant is seeking the Licensing Board's approval to begin mail distribution of the Booklet on October 16, 1985 so that the approximately 12,000 copies will be in the hands of residents and facilities catering to transients in the Braidwood plume exposure pathway in advance of the November 6 exercise.

Applicant, subject to its right of appeal, is prepared and hereby commits to implement whatever revisions or additions to the Booklet that may be required by the Licensing Board's decision with respect to Rorem Contention 1(a).

6. Counsel for the NRC Staff has no objection to either the hearing schedule or the early distribution of the Booklet subject to the commitment noted in Paragraph 5.

Counsel has not been able.to contact Ms. Rorem to obtain her views.

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For good cause shown, Applicants' Motion to establish October 21 and 22 as the hearing dates to litigate Ms. Rorem's Contention 1(a) and to authorize early distribution.of the Booklet should be granted.

Respectfully submitted, w

Jo g h G/llo~

O% of the Attorneys for Commonwealth Edison Company ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, N.W.

Washington, D.C. 20036 (202) ,833-9730 Dated: September 26, 1985 4 -

gg1AJTED WIN {TED g

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

+85 S93 27 A10 :50 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFFn E C: 5 ;3ag .

GGCnETi1G n SEyv,i.t In the Matter of )

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwood Station Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of MOTION TO ESTABLISH HEARING SCHEDULE AND FOR OTHER RELIEF were served by messenger on the persons identified below with a single asterik, by Federal Express on the persons identified with two asteriks and by deposit in the United States mail, first-class postage prepaid, on the remaining persons, this 26th day of September, 1985.

Herbert Grossman, Esquire

• Lawrence Brenner, Esquire

• Chairman Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing l Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 l Washington, D.C. 20555 Dr. Richard F. Cole

• Atomic Safety and

[ Administrative Law Judge Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 ,

Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Dr. A. Dixon Callihan** Panel Administrative Law Judge U.S. Nuclear Regulatory 102 Oak Lane Commission Oak Ridge, TN 37830 Washington, D.C. 20555 Ms. Bridget Little Rorem**

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117 North Linden Street P.O. Box.208 Essex, IL. 60935

Stuart Treby, Esquire

• Mr. William L. Clements Elaine I. Chan, Esquire

• Chief, Docketing and Services Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Office of the Secretary Commission Washington, D.C. ~20555 Washington, D.C. 20555 Robert Guild, Esquire Ms. Lorraine Creek l Douglass W. Cassel, Jr., Esquire Route 1 Timothy W. Wright, III, Esquire Box 182 BPI Manteno, Illinois 60950 109 North Dearborn Street Suite 1300 ,

Chicago, Illinois 60602 C. Allen Bock, Esquire Charles Jones, Director P.O. Box 342 Illinois Emergency Services Urbana, Illinois 61801 and Disaster Agency 110 East Adams Springfield, IL 62705 William Little Director Braidwood Project Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 dAos,

• Mary M.foodlett'e Secretaty to Mr. Gallo I

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