ML20136J203

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Motion for ASLB to Enter Order Revising Hearing Schedule for Proceeding in Manner Set Forth in Encl Attachment A. Revised Schedule Fairly Accommodates Needs of Parties to Conclude Discovery.Certificate of Svc Encl
ML20136J203
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 01/09/1986
From: Gallo J
COMMONWEALTH EDISON CO.
To:
Atomic Safety and Licensing Board Panel
References
CON-#186-717 OL, NUDOCS 8601130267
Download: ML20136J203 (6)


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January 9, 1986 V

$?&ED UNITED STATES OF AMERICA 86 NUCLEAR REGULATORY COMMISSION 10 AII:OS tro.

BEFORE THE ATOMIC SAFETY AND LICENSING BDARD16e ~

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In the Matter of

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COMMONWEALTH EDISON COMPANY

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Docket Nos. 50-456

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50-457 (Braidwood Station Units 1 and 2)

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MOTION TO REVISE HEARING SCHEDULE Commonwealth Edison Company

(" Applicant") moves the Atomic Safety and Licensing Board

(" Board") to enter an order revising the hearing schedule in this proceeding in the manner set forth in Attachment A.

In support of its motion, Applicant states:

1.

The present hearing schedule, which was attached

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to the Board's Order dated October 24, 1985, was based on a joint motion by Applicant, the NRC Staff and Intervenors Rorem, et al.

The joint motion set forth the need for additional time to permit discovery on Applicant's corrective action. programs, the results of which were not yet available.

Applicant has

.since submitted its. report on the Material Traceability Verifica-tion Progiam on November 15.

The reports on cafety-related equipment ("82-05") and on corroded pipe will be sent to the parties by January 13, 1986.

i 2.

The parties entered into negotiations during

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December, 1985 regarding additional revisions to the hearing B601130267 B60109 PDR ADOCK 05000456 9

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i schedule.

Those negotiations, however, did not materialize into an agreed schedule.

A number of the dates established by

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'the existing schedule are no longer _ applicable because of the passage of time during the parties' negotiations.

3.

Applicant believes that the revised schedule fairly accommodates the needs of the parties to conclude discove ry and prepare for the hearing.

Discovery has now been

'open since July, 1985 and Applicant and Staff have responded to voluminous interrogatories, made thousands of documente available for inspection and copying and have participated in over 12 depositions, many of which have extended for more than

.one day.

4.

In view of Applicant's anticipated fuel load date of September 30, 1986, the revised schedule ensures an adequate amount of time for the Board to conduct evidentiary hearings, to consider the parties' proposea findings of fact and conclusions of law, and to prepare and issue its initial decision.

Applicant's motion for summary disposition encom-passed only 14 of the over 65 subcontentions in the Amended Quality Assurance contention and involved over 300 pages of testimony by over 20 witnesses.

Even assuming that Applicant is wholly successful in its motion for summary disposition, appropriate evidentiary consideration of the remaining subcon-tention items is going to be time-consuming.

Beginning the evidentiary hearings in accordance with the revised schedule 2

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Linsures that there will be adequate time to fully consider and decide'those issues.

ForLgood cause shown, Applicant's motion.for entry of a revised hearing schedule should be granted.

Respectfully submitted, w_1bX v$

Qn,e of/the Attorneys for dommonwealth Edison Company

.ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, N.W.

Suite 840 Washington,-D.C.

20036 (202) 833-9730

. Dated:

January 9,.1986 L

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S Attachment A

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PROPOSED SCHEDULE January 24, 1986*-

Last date for identification'of witnesses Januaryy31, 1986*

Answers to. Applicant's motion for summary disposition due February 24,_1986.

-All depositions completed March 3, 1986 Target date for Board ruling on motion for summary disposition March 18, 1986*

Written direct testimony filed on OA issues remaining after summary disposition

-March 24, 1986*

File any motions to strike prefiled testimony

. March-28, 1986*

File Answers to any motions to strike April 1,-1986 Hearing commences on Amended QA

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Contention May 16, 1986 Hearing concludes (approx.)

June 16, 1986*-

Applicant files proposed findings of fact and conclusions of law June 26, 1986*

'Intervenors file proposed findings of fact and conclusions of law July 7, 1986*

NRC Staff files proposed findings of fact and conclusions of law g

July.11, 1986*

Applicant files reply findings of fact and conclusions of law September 9, 1986 Target date for issuance of ASLB decision Receipt dates, i.e.,

in the hands of the Board and parties on the date indicated.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD v

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  • In the Matter of

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COMMONWEALTH EDISON COMPANY

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Docke,tlios. 50-456

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50-457 (Braidwood Station Units 1 and 2)

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w CERTIFICATE OF SERVICE

'G I hereby certify that Oopies of MOTION'TO REVISE HEARING

' SCHEDULE were serve'd by[ messenger 'on the persons identified below L,,withasingle'asterik,byFederalExpressonphe)personsidentified with two asteriks and by deposit in tbp United States mail, first-clas1; postage prepaid, on the remaining persons, this 9th day of January, 1986.

3 Herbert Grossman, Esquire

  • Mr. William L.

Clements Chairman-Chief, Docketing and Services Administrative Law Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission N

A Board Office of the Secretary U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Atomic Safety and Licensing Board Panel Dr.~ Richard F. Cole

  • U.S. 11uclear Regulatory Administrative Law Judge Commission At'omic Safety and Licensing Washington, D.C.

20555 Board U.S..Nuqlear_ Regulatory Atomic Safety and Commission Licensing Appeal Board Washin$ ton, D.C.

20555-Panel U.S. Nuclear Regulatory Dr.-A. Dixon Callihan**

Commission

' Administrative Law Judge Washington, D.C.

20555 I 102 Oak Lane Oak Ridge, TN 37830 Ms. Bridget Lit _tle Rorem ll7-North Linden Street P.O._ Box 208 s

Essex, IL 60935 is

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Stuart T'reby, Esquire *'

William Little Elaine I.=Chan, Esquire Director Braidwood Project Office of;the Executive Region III Legal Director U.S. Nuclear Regulatory

.U.S.

Nuclear Regulatory Commission Commission 799 Roosevelt Road Washington, D.C.

20555 Glen Ellyn, Illinois 60137 Robert Guild, Esquire **

Jan Stevens Douglass W. Cassel, Jr., Esquire U.S. Nuclear Regulatory Timothy W. Wright, III, Esquire Commission-BPI 7920 Norfolk Avenue 109 North Dearborn Street Phillips Building

Suite 1300 Bethesda, MD 20014 Chicago, Illinois 60602 Charles Jones, Director Illinois Emergency _ Services and Disaster Agency 110 East Adams Springfield, IL 62705 3

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'Jo g h C411o Ore of the Attorneys for COMMONWEALTH EDISON COMPANY 2

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