ML20203L696

Memorandum Confirming Orders Issued During 860425 Telcon. Further Briefs on Application of five-factor Test to Intervenor late-filed Harassment & Intimidation Contentions Should Be Submitted by 860501.Served on 860430

ML20203L696
Person / Time
Site:	Braidwood
Issue date:	04/29/1986
From:	Grossman H Atomic Safety and Licensing Board Panel
To:
References
CON-#286-969 79-410-03-OL, 79-410-3-OL, OL, NUDOCS 8605010343
Download: ML20203L696 (3)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION skf ATOMIC SAFETY AND LICENSING BOARD '86 APR 30 A9:11 Before Administrative Judges: g 7

Herbert Grossman, Chairman bdCW Dr. A. Dixon Callihan Dr. Richard F. Cole M S APR30gggy

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In the Matter of Docket Nos. 50-456-OL 50-457-OL CO MONWEALTH EDISON COMPANY ASLBP Ho. 79-410-03-OL (Braidwood Nuclear Power Station, Units 1 and 2) April 29, 1986

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MEMORANDUM (Confirming Orders Issued During Conference Call of 4/25/86)

At a telephonic conference on April 25, 1986, called to discuss further scheduling, at which all the parties were represented, the Board took the following actions:

1. Directed that all further briefs on the application of the five-factor test to Intervenors' late-filed harassment and intimidation contention be in the Board's hands by 8:00 a.m. on Thursday, May 1, 1986;

2. Approved the protective order entered into by Intervenors and Applicant to protect the confidentiality of the source of certain information that had been supplied to Intervenors on the harassment 8605010343 960829 6 DR ADOCK O 3'502-

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and intimidation issue. On the understanding that NRC Staff was already cognizant of the substance of that information; that Staff was

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unwilling to enter into the protective order; that the comunication would be used, if at all, only with regard to the briefing of the five-factor test (which Staff had already briefed to the Comission);

and that the supplier of the information would not be called as a witness at the hearing, Staff was not mide a party to the protective order and is not to receive the confidential information. The Board indicated that it saw no present need for the information and declined ,

to receive it;

3. Maintained the established schedule of conducting the first week of hearing (from May 6,1986 through May 9,1986) at Kankakee, Ill., subject to the Board's decision on the application of the l five-factor test to Intervenors' late-filed contention;

4. Approved the further schedule proposed by the parties, to wit, after the hearings during the week of May 6,1986, an adjournment for the two weeks of May 12 and May 19, during which the parties will i- complete discovery, and a reconvening of the hearing on May 27, 1986 f

for continuous weeks thereafter;

5. Declined to establish the hearing location for the reconvened hearing beginning on the week of May 27, 1986, about which

) Applicant and Intervenors disagree. Intervenors prefer Chicago because of the expense to counsel of overnight stay at, or travel time of counsel to, another location. Applicant prefers a location near

o the Braidwood site or between that site and Chicago, for the i

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\L convenience of its many witnesses. Applicant has offered to make available to Intervenors free copies of all the hearing documents if the location is set for outside of Chicago. The Board will detemine the future location at or after the first week of QA hearings; i

6. Declined to rule on Applicant's pending Motion to Require Intervenors to File Offers of Proof, until Intervenors have had time I to file their reply under the Commission's Rules; and l 7. Denied Applicant's oral request to have witnesses' depositions entered in evidence in lieu of the witnesses testifying at open evidentiary hearing, except for witnesses who are unavailable for i

hearing. With regard to unavailable witnesses, the parties were directed to prefile their designations of portions of the depositions they intend to offer into evidence.

FOR THE ATOMIC SAFETY AND LICENSING BOARD j L L ' =u s A ISTRAN h0 l

l Dated at Bethesda, Maryland this 29th day of April 1986.

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