ML20211D710

Requests That Current Schedule for Submission of Testimony & Evidentiary Hearings Be Suspended Until Intl Brotherhood of Electrical Workers Strike Resolution.Util Will Not Conduct Onsite Waste Burial Prior to Decision.W/Svc List

ML20211D710
Person / Time
Site:	Davis Besse
Issue date:	06/11/1986
From:	Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Hoyt H Atomic Safety and Licensing Board Panel
References
CON-#286-549 ML, TAC-60875, NUDOCS 8606130134
Download: ML20211D710 (3)

Text

SHAW, PITTMAN, PoTTs & TROWBRIDGE A PAmTNgesMip iNctuDING poortssiONAL CompOmATIONS 1800 M STR E ET, N. W.

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June 11, 1986 h

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The Honorable Helen F.

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S. Nuclear Regulatory Commission

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Washington, D. C.

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Re:

Toledo Edison Company

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4 (Davis-Besse Nuclear Power Stat Docket No. 50-346-ML

Dear Judge Hoyt:

As you know, members of the International Brotherhood of Electrical Workers, Local 245, have been on strike against The Toledo Edison Company since June 1, 1986.

The strike includes the Davis-Besse Nuclear Power Station.

Management personnel are providing the necessary staffing to maintain Davis-Besse in its current cold-shutdown condition.

As of the present time, there is no indication that a settlement of the strike is imminent.

No meetings are currently underway between the union and the company and none are scheduled.

Your order of May 29, 1986 established a schedule for the informal hearing on the on-site burial of very low-level radioac-tive wastes.

That schedule called for the filing of direct testimony by June 19, 1986, with evidentiary hearings to be held on June 24 and 25.

Although we have been attempting to meet this schedule, the continuing strike is seriously interfering with our ability to do so.

Key technical personnel are carrying out strike-related duties, thus substantially reducing the time they are able to devote to hearing preparation.

Company management and legal staffs are largely unavailable to review hearing issues and make decisions which would be reflected in testimony to be presented at the hearing.

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SHAw, PITTMAN, PoTTs & TROWBRIDGE A PARTNEnsMie mcLuosho PeorESS60NAL CoppoaATions The Honorable Helen F.

Hoyt June 11, 1986 Page Two For these reasons, Toledo Edison must respectfully request that the current schedule for submission of testimony and eviden-tiary hearings be suspended until the strike has been resolved.

We regret the need to make this request, but the strike has al-ready removed a significant fraction of the time available to prepare for the hearing.

Should the current schedule be sus-pended, Toledo Edison would continue to keep you informed as to the course of the strike.

We believe that we would be able to submit testimony on the issues identified in your order approxi-mately two weeks following the conclusion of the strike.

I have discussed our request and the suggested course of ac-tion with Assistant Attorney General Jack Van Kley, counsel for the lead intervenor.

He has no objection to the request and the proposed future actions based upon Toledo Edison's commitment that it will not conduct any on-site burial of the wastes prior to your decision in this matter.

Mr. Van Kley believes that it would be inappropriate for the State of Ohio to proceed with its testimony on the current schedule in the absence of testimony from Toledo Edison.

In the event that you grant our request, Mr.

Van Kley and I would urge you to promptly issue a scheduling order so that interested members of the public are informed of the postponement of the evidentiary hearings.

Again, we apologize for the necessity to request the suspen-sion of the hearing schedule.

However, the continuing strike l

mandates the request.

Ver truly y urs, g

L-J E.

Silberg

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I Co sei for The Toledo Edison Company l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Administrative Judge In the Matter of

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Docket No. 50-346-ML TOLEDO EDISON COMPANY, ET AL.

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(Davis-Besse Nuclear Power

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Station, Unit No. 1)

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SERVICE LIST Helen F. Hoyt, Esquire Charles A. Barth, Esquire Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Docketing & Service Section Genevieve S. Cook Office of the Secretary 25296 Hall Drive U.

S. Nuclear Regulatory Commission Cleveland, Ohio 44145 Washington, D. C.

20555 Jack A. Van Kley Toledo Coalition for Edward Lynch Safe Energy and Susan A.

Sharon Sigler Carter Assistant Attorneys General c/o Terry Jonathan Lodge, Esq.

State of Ohio 618 North Michigan Street 30 East Broad Street Toledo, Ohio 43624 Columbus, Ohio 43215 Donald L. Schlemmer Western Reserve Alliance 1616 P Street, N. W.

Suite 160 Washington, D. C.

20036