ML20214J810

Notifies That Listed Documents Re Allegation RIII-86-A-0096 Responsive to Intervenors Harassment Contention Will Be Provided.Disclosure of Documents Limited,Pending NRC Completion of Investigation & Rept.Related Correspondence

ML20214J810
Person / Time
Site:	Braidwood
Issue date:	08/11/1986
From:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Guild R, Mark Miller BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES, ISHAM, LINCOLN & BEALE
References
CON-#386-304 OL, NUDOCS 8608150181
Download: ML20214J810 (2)

Text

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o August 11, 1986

            ....                                                                     '86 AUG 13 P4 :11 0FFICE OF $9,at TAsy Michael I. Miller, Esq.                                              00CMETING A SC RvlCf' Isham, Lincoln & Beale                                                     BRANCH Three First National Plaza Chicago, IL 60602 Robert Guild, Esq.

i Business, and Professional People for the Public Interest 109 N. Dearborn Street Suite 1300 Chicago, IL 60602 In the Mstter of Commonwealth Edison Company (Braidwood Docket Nos.Station, 50-456Units 1 and 2)OD and 50-457 ! RE: NRC Staff Additional Production of Documents Responsive To Intervenors' IIarassment Contention

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Dear Messrs. Miller and Guild:

l On August 5, 1986, the Staff provided you with certain documents described in its cover letter of August 4, 1986 which updated and augmented tl.e Staff's document production on Intervenors' harassment contention. In the August 4, 1986 letter, the Staff reiterated its understanding of the scope of the contention. Subsequently, the Board l and other parties discussed the Staff's view of the scope of the l contention vnd it appears the Board and other parties believe the Staff has been too restrictive in its view. Tr. at 10250-259. They would find relevant documents relating to any allegation of harassment or of emphasis by Comstock management of production over quality made by any Comstock quality control inspector. While the Staff does not agree with this broader view of the scope of the contention,1/ nonetheless the Staff 1/ See e.g. - This Board's Memorandum And Order (Admitting Ilarassment and Intimidation Issue on Five-Factor Balance) dated May 2, 1986 in which the Board, while discussing the factor of good cause, described briefly the scope of the contention:

                            "Although Subpart 2.C, as filed on May 24, 1985, was specific enough to have met the specificity requirements for the filing of a contention and could have been admitted at that time, the Board established further deadlines for filing of additional (FOOTNOTE CONTINUED ON NEXT PAGE)
                                                                                               .n 8608150181 860811 PDH o        ADOCK 05000456 eda                                                  g-{T b

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 .                                                    has determined to provide the following nine documents relating to an allegation recently received by Staff (and the only other one known to Staff counsel) from a quality control inspector performing work for Comstock at the Braidwood site.

RIII-86-A-0096 0096-1 June 4,1986 Alleger Identification Sheet 0096-2 Allegation Management System (2) 0096-3 June 6,1986 Letter to Allegor from C.H. Weil 0096-4 June 6, 1986 Memorandum For C.E. Norelius from C.H. Weil 0096-5 June 13, 1986 Memorandum For C.E. Norelius from C.H. Keil 0096-6 July 14, 1986 Letter to NRC from Alleger 0096-7 July 17, 1986 Memorandum For C. Paperiello from C.H. Weil 0096-8 July 6,1986 - Newspaper article, ' Chicago Tribune 0096-9 August 7, 1986 - Memorandum For C.E. Norelius from C . H . Weil The Staff notes that the investigation of this allegation is ongoing. Therefore, disclosure of these documents should be accorded the same protection as that accorded to the documents relating to Allegation No. < .- Rill-86-A-0079 produced by the Stcff on Acgust 6, 1986, pursuant to Board order. In other words, disclosure of the subject documents is to be limited to counsel until such time as the Staff completes its investigation and issues its report on Allegation No. RIII-86-A-0096. Sincerely, l Gre or Alan Berry Counsel for NRC Staff g

Enclosure:

As Stated I cc. w/o encis: Service List (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) specific information for the purpose of limiting Intervenors to only those specifics in discovering cnd trying the harassment issue." l Order at 6 (emphasis added). The Staff has maintained that j instances of alleged harassment or intimidation not specifically identified in Intervenors' amended contention are beyond the scope l of this proceeding, i I}}