ML20155G789
| ML20155G789 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 05/01/1986 |
| From: | Wright T ROREM, B., WRIGHT, T. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-050, CON-#286-50 OL, NUDOCS 8605070129 | |
| Download: ML20155G789 (5) | |
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May1,lhk((EU UNITED STATES OF AMERICA b4 NUCLEAR REGULATORY COMMISSION CFFue,-,
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~BEFORE THE ATOMIC SAFETY AND LICENSING BOABD C5" * -
In the Matter of:
)
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-456 fL_
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50-457 (Braidwood Nuclear Station,
)
Units 1 and 2)
)
INTERVENORS ROREM ET. AL. MOTION TO EXCLUDE AND SEQUESTER FACT WITNESSES Intervenors Bridget Little Rorem, et. al., by their 4
undersigned counsel, submit herewith their motion to exclude and a
sequester fact witnesses so that they cannot hear the testimony of other witnesses.
Introduction The hearing on Intervonors OC inspector harassment conten-.
tion will not largely be of the type where there is a technical discussion of engineering analysis by impartial experts.
- Rather, at least 36 of the proposed witnesses are fact witnesses.
Issues will often involve who said what to whom, and when, and the clash of conflicting recollections and renditions.
The Board's evaluation of the testimony may turn very largely on issues of credibility of witnesses.
In such a case, the pursuit of truth demands unrohearsed candor, not collusion among witnesses.
While, we make no suggestion that anyone would tell 8605070129 860501 PDR ADOCK 05000456 1
C PDR
any, thing other than the truth, "[t] he efficacy of excluding or sequester witnesses has long been recognized as a means of discouraging and exposing fabrication, inaccuracy, and collu-sion" 6 Wigmore SS1837-1838.
The Law Intervenors Rorem et. al. base their Motion on the Federal Bules of Evidence, recognizing that the Commission's hearing
,A procedures have been analogized to the Federal Rules of Evidence.
Pursuant to Rule 615 of the Federal Rules of Evidence, the court may_ order witnesses excluded from hearing testimony.
F.R.E.
S615 states:
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of his cause.
See, Dunlap v. Reading Co. (Ed. Pa. 1962) 30 FRD 129; See, also, Taylor v. United States (CA 9th, 1967) 388 F.2d 786, 788, (where factual witnesses were excluded from hearing the testi-mony."
The exclusion of witnesses from the courtroom during trial v
is a time-honored practice designed to prevent the shaping of ii tsstimony by hearing what other witnesses say.")
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Cor.clusion For the foregoing reasons, Intervenors respectfully request that all factual witnesses be excluded and sequestored from the hearing of testimony.
Respectfully submitted, Timothy W. Wright III V
One of the Attorneys for Intervenors Rorem, et al.
Douglass W.
Cassel, Jr.
Robert Guild 109 North
Dearborn,
- 1300 Chicago, Il 60602 (312) 641-5570 6
i 3
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May 1, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
)
)
COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-456
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50-457 (Braidwood Nuclear Station,
)
Units 1 And 2)
)
CERTIFICATE OF SERVICE I hereby certify that I have served copies of Intervenors Rorem et. al. Motion to Exclude and Sequester Fact Witnesses on the Licensing Board and NRC Staff Cot lnsel Mr. Treby via Federal Express overnight delivery on i
lst day of May, 1986.
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BRAIDWOOD SERVICE LIST Gary J.
Edles, Chairman Michael I. Miller, Esq.
and Administrative Judge Peter Thornton, Esq.
Atomic Safety and Licensing Isham, Lincoln & Beale Appeal Board Three First National Plaza U.S. Nuclear Regulatory Commission Chicago, Illinois 60602 Washington D.C.
20555 Docketing & Service Section Thomas S. Moore Office of the Secretary Administrative Judge U.S.
Nuclear Regulatory e
Atomic Safety and Licensing Commission Appeal Board Washington D.C.
20555 U.S. Nuclear Regulatory Commission Washington D.C.
20555 C. Allen Bock, Esq.
P.O.
Box 342 Reginald L. Gotchy Urbana, Illinois 61801 Administrative Judge Atomic Safety and Licensing Bridget Little Rorem Appeal Board 117 North Linden Street U.S.
Nuclear Regulatory Commission Essex, Illinois 60935 Washington D.C.
20555 Thomas J. Gordon, Esq.
Herbert Grossman, Esq.
Waller, Evans & Gordon Chairman and Administrative Judge 2503 South Neil Atomic Safety and Licensing Board Champaign, Illinois 61820 U.S.
Nuclear Regulatory Commission Washington D.C.
20555 Lorraine Creek Boute 1, Box 182 Richard F.
Cole Manteno, Illinois 60950 Administrative Judge Atomic Safety and Licensing Board Region III U.S. Nuclear Regulatory Commission Office of Inspection &
Washington D.C.
20555 Enforcement U.S.
Nuclear Regulatory A.
Dixon Callihan Commission Administrative Judge 799 Roosevelt Road i
102 Oak Lane Glen Ellyn, Illinois 60137 Oak Ridge, Tennessee 37830 Atomic Safety and Licensing Stuart Treby, Esq.
Board Panel NRC Staff Counsel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 7335 Old Georgetown Road Washington D.C.
20555 Bethesda, Maryland 20014 Atomic Safety and Licensing Joseph Gallo, Esq.
Appeal Board Tcham, Lincoln & Beale U.S.
Nuclear Regulatory 1150 Connecticut Avenue N.W.
Commission Suite 1100 Washington D.C.
20555 Washington D.C.
20036 l
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