ML20137J357

Motion for Approval of Stipulation & Stipulation of Parties Re Rorem Contention 1(a) on Emergency Planning.Scope of Contention Unclear.Stipulation & Certificate of Svc Encl

ML20137J357
Person / Time
Site:	Braidwood
Issue date:	08/28/1985
From:	Chan E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#385-367 OL, NUDOCS 8508300262
Download: ML20137J357 (6)

Text

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August 28, 1985

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCHETED:

%:,dc BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'85 E 29 P12:02 In the Matter of .

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) fr.rrr r er COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456000CICf C t$ [M '

) 50-457% W NCH (Braidwood Nuclear Power Station, )

Units 1 and 2) )

MOTION FOR APPROVAL OF STIPULATION AND STIPULATION OF PARTIES REGARDING ROREM CONTENTION 1(a) EMERGENCY PLANNING In the July 23, 1985 prehearing conference, the Board indicated that the scope of Rorem Contention 1(a) was not clear on its face.

(Tr. 122-123). On August 15, 1985, Commonwealth Edison Company (" Appl-cant") filed " Commonwealth Edison Company's Motion to Particularize Rorem Contention 1 (a)" (" Motion"). In support of its Motion, Applicant argued that Rorem's answers to Applicant's second set of interrogatories, responses to Applicant's questions in the May 21, 1985 deposition and dialogue with the Licensing Roard at the July 23, 1985 prehearing con-ference indicate that Rorem' Contention 1(a) is limited to the pre-acci-dent public education and information program. Applicant contended that Rorem Contention 1(a) does not include notification of the public at the time of an accident. (Motionat2-4).

Ms. Rorem, pro se, Applicant's counsel and Staff counsel discussed l

the Motion and the scope of Rorem Contention 1(a) in a series of tele-phone calls and have agreed on the scope and modified wording of the 8508300262 850828 PDR ADOCK 05000456 PDR 0

i contention. The parties further agreed to enter into a Stipulation settingfohththemodifiedwordingofthecontentionandthescopeof

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the issue in controversy. The parties have authorized Staff counsel to file this Motion on their behalf.

The Stipulation is being circulated for signature by the parties.

The Staff will promptly file the signed original of the Stipulation with the Board upon receipt from the other parties.

Pursuant to 10 C.F.R. Q 2.733 of the Commission's regulations, on behalf Ms. Rorem and Applicant's counsel, Staff counsel hereby moves the Board for an order approving the attached Stipulation upon its execution by all parties.

Respectfully submitted, h[ . .

Elaine I. Chan Counsel for NRC Staff Dated at Bethesda, Maryland this 28th day of August,1985

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6 UNITED STATES OF AMERICA cougrga NUCLEAR REGULATORY COMMISSION USMC -

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD T5 AUG 29 R2:02 In the Matter of crFICE OF 5ECRtik '

00CXETihG & SERVifi COMMONWEALTH EDISON COMPANY Docket Nos. 50-456 BRANCH 50-457 (Braidwood Nuclear Power Station, Units 1 and 2)

STIPULATION Bridget Little Rorem, pro se, Joseph Gallo and Victor Copeland, counsel for Commonwealth Edison Co. and Elaine I. Chan, Staff counsel discussed and agreed upon the following modified wording and the scope of Rorem Contention 1(a).

Rorem Contention 1(a) as modified Intervenor contends that an adequate emergency plan for the Braidwood Station should include the following:

(a) a program to periodically inform the public within the EPZ on how they will be notified and what their initial actions should be in the event of'a radiological emergency originating at the Station.

'. The parties agree that Rorem Contention 1(a) does not include other ,

information in 10 C.F.R. 5 50.47(b)(7) and specifically excludes "the principal points of contact with the news media for dissemination of information during an emefgency (including the physical location or loca-tions) are established in advance, and procedures for coordinated disse-mination of information to the public are established."

Elaine I. Chan k2kFS Ddte:

Counsel for NRC Staff Bridge Litt.le Rorem Pro Se Date:

Joseph Gallo Date:

Counsel for Commonwealth Edison Company f

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i UNITED STATES OF AMERICA

- .. NUCLEAR REGULATORY COMMISSION Q{Ep BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'85 /d 29 F12:02 In the Matter of . )

C m n = w t.c COMMONWEALTH EDISON COMPANY Docket Nos. 50-456 A SE N 50-457 00CC[mcH (BraidwoodNuclearPowerStation, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION FOR APPROVAL OF STIPULATION AND STIPULATION OF PARTIES REGARDING ROREM CONTENTION 1(a) EMERGENCY PLANNING" in the above-captioned proceeding have been served on the following b deposit in the United States mail, first class, or, as indicated by (y)

• through deposit in the Nuclear Regulatory Commission's internal mail system, or by (**) hand delivery this 28th day of August, 1985:

Herbert Grossman, Esq., Chairman ** Commohwealth Edison Company Administrative Judge ATTN: Cordell Reed Atomic Safety and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Commission P.O. Box 767 Washington, DC 20555 Chicago, IL 60690 Dr. A. Dixon Callihan Thomas J. Gordon, Esq.

Administrative Judge Waller, Evans & Gordon 102 Oak Lane 2503 S. Neil Oak Ridge, TN 37830 Champaign, IL 61820 Dr. Richard F. Cole ** '

Region III Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of Inspection & Enforcement U.S. Nuclear Regulatory Commission 799 Roosevelt Road Washington, DC 20555 Glen Ellyn, IL 60137 Rebecca J. Lauer, Esq. Joseph Gallo Esq.

Isham, Lincoln & Beale Isham, Lincoln & Beale Three First National Plaza Suite 840 Suite 5200 1120 Connecticut Avenue, N.W.

Chicago, IL 60602 Washington, DC 20036 Lawrence Brenner, Esq., Chairmar*

Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission -

Washington, DC 20555

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1 ,.

. Ms. Bridget Little Rorem C. Allen Bock, Esq.

117 North Linden Street P.O. Box 342 Essex, IL 60935 Urbana, Il 61801 Douglass W. Cassel, Jr., Esq. Atomic Safety and Licensing Board Timothy Wright, Esq. Panel * .

109 North Dearborn Street' U.S. Nuclear Regulatory Connission Suite 1300 Washington, DC 20555 Chicago, IL 60602 Atomic Safety and Licensing Appeal Erie Jones, Director Board Panel

• lilinois Emergency Services U.S. Nuclear Regulatory Connission and Disaster Agency Washington, DC 20555 110 East Adams Springfield, IL 62705 Docketing and Service Section*

Office of the Secretary Lorraine Creek U.S. Nuclear Regulatory Connission Route 1 Box 182 Washington, DC 20555 Manteno, IL 60950

2. . .

Elaine I. Chan Counsel for NRC Staff

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