ML20136B329

Advises That League of Women Voters of Rockford,Il Has Been Received by Comm Ed.Request for Delay of Prehearing Conference to 790808 Is Unwarrented.Urges Adequate Svc of Orders.Documentation Encl

ML20136B329
Person / Time
Site:	Byron
Issue date:	06/27/1979
From:	Murphy P ISHAM, LINCOLN & BEALE
To:	Callihan A, Cole R, Mark Miller Atomic Safety and Licensing Board Panel, UNION CARBIDE CORP.
Shared Package
ML20136B333	List: ML20136B329 ML20136B335
References
NUDOCS 7909040565
Download: ML20136B329 (5)

Text

, _ _ . _.m. _ . _ _ _ __ __ -

e ISHAM, LINCOLN & BEALE COUNELORS AT LAW C CAGO L NO 4 03 TELEPHONE 382 55e F300 TELEX: 2 S20e so O s F== 3 a g g T, m m ,

June 27, 1979 "'

.,  ?,",'," !'c ,",, ,,

202 833 9730 Marshall E. Miller, Esq., Chairman Dr. A. Dixon Callihan Atomic Safety and Licensing Union Carbide Corporation Board Panel P.O. Box Y U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D.C. 20555 m

Dr. Richard F. Cole e' Atomic Safety and Licensing Board Panel

\

U.S. Nuclear Regulatory Commission  % - '

Washington, D.C. 20555 }

9'-

Re: In the Matter of Commonwealth Edison Company

• p (o (Byron Station, Units 1 and 2) 4

/

)

Docket Nos. 50-454, 50-455 e3 Oa Gentlemen:

We are in receipt of a letter from Mrs. Betty John- I son of the League of Women Voters of Rockford, Illinois, l dated June 25, 1979, wherein she requests that the prehear- I

' ing conference curzently scheduled in this proceeding for July 25, 1979, be held on or after August 8, 1979. The l reason given for this request is that at no time prior to '

June 25, 1979, had the League of Women voters received written notice of the scheduling of the prehearing conference.

However, it is clear from the letter that the League of Women Voters had actual notice of the prehearing conference 30 days prior to the date set for the conference.

As Mrs. Johnson notes in her letter, the League of Women Voters previously requested (by letter dated April 23, 1979) that the special prehearing conference be scheduled for after July 1,1979. This the Board has done. The request for an additional extension is totally unwarranted.

The League previously indicated its willingness and ability to file contentions prior to a prehearing conference to be set after July 1. The fact that the League has not taken the necessary action in the interim to prepare contentions for filing should not provide any excuse for additional delays. Mrs. Johnson should be presumed to have known the internal procedures required by her organization and to have taken the necessary steps to comply with those procedures during the 3 1/2 months between the Board's Order of March 23, 790904o5&5

1979, admitting the League of Women Voters at Intervenors in this proceeding, and the date that contentions must now be filed pursuant to the Connaission's Rules of Practice.

Conunonweal*.h Edison Company objects strenuously to the theory of rare inaction on the part of Intervenors without more constitutes groands for further delaying this proceed-ing. In :.ts statement of consideration accompanying the ,

amendments to 10 CFR 552.714 and 2.751a, the Commission clearly state.d that it expected the new expanded time limits i provided therein to be closely adhered to. The amended  ;

rules provide for 90 days between the issuance of the ini-  ;

tial notice of hearing and the special prehearing conference. I Intervenors have already had more than twice the time pro-vided by the rules to draft contentions. Any extension of )

i time is wholly unwarranted.

A second matter which I wish to bring to the Board's attention relates to the service of Orders issued by the Board. On January 25, 1979, we filed a Notice of Appear-ance and requested that service on Conunonwealth Edison Company be made tos 3 Michael I. Miller, Esq. Paul M. Murphy, Esq.

Isham, Lincoln & Beale Isham, Lincoln & Beale 4 One First National Plaza One First National Plaza Suite 4200 Suite 4200 1 Chicago, Illinois 60603 Chicago, Illinois 60603 i Mr. Cordell Reed comunonwealth Edison Company  ;

P.O. Box 767 i Chicago, Illinois 60690

, To date, the attorneys for nn===anwealth Edison Company have not been served with any Orders issued by the Board, includ-ing Orders granting intervention, reconstituting the Board l and setting the special prehearing conference. We would

. greatly appreciate it if the Board would attempt to insure i

that service on ca=nnwealth Edison Company be made in accordance with our Notice of Appearance (copy attached hereto). An earlier letter to the Commission's Docketing j Service (copy attached) was apparently insufficient to

insure that adequate service is made on Applicant, Cosmoon-l wealth Edison Company. Perhaps the Docketing Sersice would l l be more responsive to a request originated by the Board.

! Respectfull ,

1 i Iaul M. Murphy (

One of the Attorneys for  ;

PMM/ sag Comunonwealth Edison Company Attachments cc w/atts.: Persons on attached service list l

l BYRON STATION - DOCKET NOS. 50-454 and 50-455 SERVICE LIST Myron Karman, Esq.

Office of the Executive Legal Director United States Nuclear Regulatory Conunission Washington, D.C. 20555 Richard J. Goddard, Esq.

Office of the Executive Legal Directoc United States Nuclear Regulatory Comunission Washington, D.C. 20555 Ms. Betty Johnson 1907 Stratford Lane Rockford, Illinois 61107 Dr. Bruce von Zellen Department of Biological Sciences Northern II.'.inois University DeKalb, Illinois 60115 I

Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Cossaission -

Washington, D.C. 20555 l

Atomic Safety and Licensing Appeal Board Panel United States Nuclear Regulatory Cosumission Washington, D.C. 20555 i

4 l Secretary I

Attention: Chief, Docketing and Service Section i United States Nuclear Regulatory Cosuaission l Washington, D.C. 20555 l

Chief Hearing Counsel Office of the Executive Legal Director United States Nuclear Regulatory Coaunission Washington, D.C. 20555 f

3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

)

In the Matter of )

l

- )

COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454

) 50-455 (Byron Station, Units 1 and 2 and ) 50-456 Braidwood Station, Units 1 and 2) ) 50-457 -

)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attor-neys herewith enter their appearance on behalf of Applicant, Cor:snonwealth Edison Company, P.O. Box 767, Chicago, Illinois 60690, in the above-captioned proceeding. In accordance with

( 10 CFR S2.713, the following information is provided:

Name: Michael I. Miller Address: Isham, Lincoln & Beale One First National Plaza /

Suite 4200 Chicago, Illinois 60603 Telephone Number: (312)786-7500 Admissions: Supreme Court of Illinois United States Court of Appeals (7th Circuit and District of Columbia Circuit)

United States District Court for the Northern District of Illinois United States District Court for the District of Columbia Name: Paul N. Murphy Address: Isham Lincoln s Beale One First National Plaza

~

Suite 4200 Chicago, Illinois 60603

te Telephone Number: (312)786-7500 Admissions: Supreme Court of Illinois Supreme Court of Wisconsin United States Court of Appeals (7th Circuit and 10th Circuit)

United States District Court for

' the Northern District of. Illinois United States District Court for the Western District of IIisconsin I

- I Notice is further given, pursuant to 10 CFR 52.708 (e),  !

I that service upon Applicant in this proceeding should be made )

)

on each of the following: Michael I. Miller, Esq., Isham, {

Lincoln & Beale, -One First National Plaza, Suite 4200, Chicago,  !

Illinois 60603; Paul M. Murphy, Esq., Isham, Lincoln & Beale, l

l One First National Plaza, Suite 4200, Chicago, Illinois 60603; f

\

and Mr. Cordell Reed, Commonwealth Edison Company, P.O. Box 767, l Chicago, Illinois 60690.

L Michaer I. Miller L

• dW /

Paul M. Murphy / -

ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)786-7500 DATED: January 25, 1979

._ , _ , . . - - . . - - - - - - _ -__ _ .~. _ - ,_. - _ , - , , . . . - , - , -, -