ML20133K924

Joint Motion to Revise Hearing Schedule by Extending 851028 Discovery Deadline to 851202.Proposed Schedule & Certificate of Svc Encl

ML20133K924
Person / Time
Site:	Braidwood
Issue date:	10/18/1985
From:	Gallo J COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-850 OL, NUDOCS 8510220348
Download: ML20133K924 (8)

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UNITED STATES OF AMERICA II

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NUCLEAR REGULATORY COMMISSION -

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BEFORE THE. ATOMIC SAFETY AND LICENSING :h0ARD. DocL"rtnaa '

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In the Matter of ) (;s -

) / /7 T\gp COMMONWEALTH EDISON COMPANY ) Docket Nos. c/ C-

) 50-457 c)L, (Braidwood Station Units 1 and 2) )

JOINT MOTION TO REVISE HEARING SCHEDULE Commonwealth Edison Company (" Applicant") moves, on behalf of itself, the NRC Staff and Intervenors Rorem, et al.,

the Atomic Safety and Licensing Board (" Board") to enter an order modifying the hearing sche'dule in this proceeding in the manner set forth below. In support of the Joint Motion, Applicant states:

1. The present hearing schedule, which is attached to the Board's Order dated October 1, 1985, is based on, inter alia, a proviso that the corrective action programs relevant to the quality assurance contention be completed in sufficient time to permit an adequate opportunity for discovery. The results of these corrective action programs are not yet available.

The present deadline of October 28, 1985 will not afford adequate time to complete discovery.on these programs. The programs are the Material Traceability Verification Program

("MTV"), the program to verify the installation and installa-

! tion inspection of safety-related equipment'(called the "82-05 L

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issue" in the hearing schedule), and the program to verify the integrity of certa:n corroded pipe. It is anticipated that the results of the MTV and corroded pipe programs will be available by October 31 and November 8, respectively. A written program description and partial results of the 82-05 program have been targeted for availability on November 15; however, that date is somewhat optimistic. Applicant will make a more definitive statement concerning the status of these corrective action programs in=the next few weeks. Further adjustments in the hearing schedule may be called for at that time.

2. Given the circumstances described in Paragraph 1., the parties have agreed that an extension of the discovery deadline from October 28 to December 2, 1985 is appropriate at this time. Discovery will' continue in all respects despite the ongoing nature of Applicant's corrective action activities and other actions needed by the NRC Staff to accomplish a close out of contention subitems that are characterized as open matters in various inspection reports. The extension of the discovery nilestone necessarily affects the deadlines for handling motions for summary disposition and the deadlines for testimony j filing, prehearing motions and the hearing date. A revised hearing schedule, which reflects generally a 30-day extension of the previous schedule, is attached as Exhibit A. The I

deadlines for the filing of pleadings and notices are intended i

to be " receipt" dates, i.e., in the hands of the Board and parties on the date indicated. It is not intended by the 1

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revised schedule set forth in Exhibit A that any deadlines affecting Ms. Rorem's emergency planning contention be changed.

3 ~. The schedule in Exhibit A is premised on the following understandings among counsel:

a. It is assumed that the corrective action programs referred to above will be completed by the Applicant and a final written position developed by the NRC Staff in sufficient time to permit the conduct of discovery within the established deadlines. Should this assumption prove incorrect in the future, counsel for the respective parties are prepared on an informal basis to adjust the discovery dead-lines to provide for such discovery.

b. The selection of the above corrective action programs as relevant to Intervenors' quality assurance contention has been determined by Applicant; and it is not intended by the Motion to bind either Intervenors or the NRC Staff by this determination.

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! c. Although the schedule establishes deadlines for the identification of witnesses, counsel have agreed that witnesses will be identified earlier than those deadlines to the extent practicable.

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4. The parties have_ attempted to negotiate a revised schedule that fairly accommodates the needs of all concerned. We trust the Board will agree.

For good cause shown, the Joint Motion seeking approval i by the Board of a revised hearing schedule should be granted.

Respectfully submitted, lM d' 6/ Joseph Gnllo "

One of the Attorneys for COMMONWEALTH EDISON COMPANY ISHAM, LINCOLN & BEALE  !

1120 Connecticut Avenue, N.W. )

Washington, D.C. 20036 (202) 833-9730 1

Dates: October 17, 1985 4 -

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hl Exhibit A y

SCHEDULE October 29, 1985 Begin hearings on Rorem Contention 1(a).

November 15 Report on 82-05 Corrective Action Program received by parties.

December 2 Deadline for identifying QA witnesses, except for the safety-related equipment issue (hereinafter "82-05 issue"). QA discovery ends except for deposition of witnesses and discovery generally on 82-05 2 issue.

' December 2 Motions for summary disposition on QA contention (no summary disposition on 82-05 issue).

1 December 2 Last date for receipt of FEMA findings on emergency planning.

December 13 Written Staff position on 82-05 issue received by parties and witnesses on said program identified.

December 23 Depositions of all witnesses completed except for 82-05 issue.

December 23 File Emergency Planning Testimony.

January 3, 1986 Motions to strike December 23 prefiled testimony.

January 10 Answers to motions to strike December 23 prefiled testimony.

danuary 10 Answers to motions for summary disposition.

-Discovery' ends on.82-05 issue; and deadline 4

January 20 for identifying witnesses on 82-05 issue.

January 20 Hearing commences on Rorem Contention 1(b)

(approx.) (evacuation of special facilities) issues.

February 7 Target date for Board ruling on motions for summary disposition of QA issues.

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SCHEDULE (cont'd)

February 21 Written direct testimony filed on QA issues remaining after summary disposition.

February 28 Motions to strike prefiled QA testimony.

March 7 File Answers to Motions to Strike and Cross Examination Plans.

March 18 Hearing Commences on QA Contention.

(approx.)

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g j-1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 JOINT MOTION TO REVISE HEARING SCHEDULE 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 18th day of October, 1985.

Herbert Grossman, Esquire

• Lawrence Brenner, Esquire

• Chairman Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatcry Commission Commission Washington, D.C. 20555 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 i Oak Ridge, TN 37830 Washington, D.C. 20555 ]

Ms. Bridget Little Rorem 117 North Linden Street P.O. Box 208 Essex, IL. 60935 I

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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 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. Allan 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 nt t tes Nuclear d%

Regulatory Commission Mary M. pbodlette 7920 Norfolk Avenue Secretary to Joseph Gallo Phillips Building Bethesda, MD 20014 s

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