ML20215A138
| ML20215A138 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 12/09/1986 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#486-1900 OL, NUDOCS 8612110176 | |
| Download: ML20215A138 (14) | |
Text
-
abM9 m
ORIGINAL O
UN11ED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
DOCKET NO: 50-456-OL 50-457-OL COMMONWEALTH EDISON COMPANY (Braidwood Station, Units 1 and 2)
O LOCATION: WASHINGTON, D.
C.
PAGES: 18573 - 18584 DATE:
TUESDAY, DECEMBER 9, 1986
,/ /0 0\\
ACE-FEDERAL REPORTERS, INC.
OfficialReporters 444 North Capitol Street 8612110176 861209 Washington, D.C. 20001 PDR ADOCK OSOO 6
(202) 34~-3700 NATION %TDE COVERAGE
1570 01 01 18573
(,herysimons 1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
X 5
In the Matter of:
6 COMMONWEALTH EDISON COMPANY Docket No. 50-456-OL 7
(Braidwood Station, 50-457-OL 8
Units 1 and 2 9
X 10 Ace Federal Reporters, Inc.
11 444 North Capitol Street, N.W.
12 Suite 402 13 Washington, D.C.
f')
's
/
14 Tuesday, December 9, 1986 15 The telephone conference in the above-entitled 16 matter convened at 10:10 a.m.
17 BEFORE:
18 JUDGE HERBERT GROSSMAN, Chairman 19 Atomic Safety and Licensing Board 20 U.S.
Nuclear Regulatory Commission 21 Washington, D.C.,
20555 22 JUDGE RICHARD F.
COLE, Member 23 Atomic Safety and Licensing Board 24 U.S.
Nuclear Regulatory Commission 25 Washington, D.C.,
20555
^')
26 v
ACE-FEDERAL REPORTERS, INC.
202-347-37(O Nationwide Coserage Mk336-(M6
4
?1570.01 01 18574 f(
harysimons 1 JUDGE A. DIXON CALLIHAN, Member 2
Atomic Safety and Licensing Board 3
U.S.
Nuclear Regulatory Commission 4
Washington, D.C.
20555 5
TELEPHONE CONFERENCE PARTIES:
6 On Behalf of the Applicant:
7
.MICPAEL I. MILLER, ESO.
8 Isham, Lincoln & Beale 9
Three First National Plaza 10 Chicago,. Illinois 60602 11 On Behalf of the NRC:
12 GREGORY BARRY, ESO.
13 ELAINE I. CHAN, ESO.
E' 14 MICHAEL HARRISON 15 U.S.
Nuclear Regulatory Commission 16 7335 Old Georgetown Road 17 Bethesda, Maryland 20014 i
18 On Behalf of the Intervenors:
i 19 ROBERT GUILD,ESO.
20 21 i
22 i
23 24 25 i
i (2) i i
ACE-FEDERAL REPORTERS, INC.
202 147 3700 Nationwide Coverage 8043366M6
-1570 01 01 18575
(%
s,erysimons.1 TELEPHONE CONFERENCE PROCEEDINGS 2
THE OPERATOR:
Mr. Miller.
i 3
MR. MILLER:
Yes.
4
~
THE OPERATOR:
Mr. Guild.
5 MR. GUILD:
Yes.
6 THE OPERATOR:
Mr. Barry.
7 MR. BARRY:
Yes.
8 THE OPERATOR:
Mr. Callihan.
9 JUDGE CALLIHAN:
Here.
10 THE OPERATOR:
Judge Grossman.
11 JUDGE GROSSMAN:
Here.
12 THE OPERATOR:
Go ahead, please.
13 JUDGE COLE:
Judge' Cole is here, too.
s/
14 JUDGE GROSSMAN:
Yes, Judge Cole is here at my 15 line.
16 THE OPERATOR:
All right, sir.
17 JUDGE GROSSMAN:
All we have is Mr. Barry.
Do we 18 have Mr. Treby also?
19 THE OPERATOR:
Mr. Treby is not in yet, sir, and i
20 they will let us know when he comes in.
21 JUDGE GROSSMAN:
Okay.
-22 Mr. Miller, you are all alone there?
23 MR. MILLER:
Yes, sir.
24 MR. BARRY:
This is Greg Barry of the Staff, Mr.
25 Chairman.
Ms. Chan is present as well, and also I have O
ACE-FEDERAL REPORTERS, INC.
202-347-3NU Nationside Coserage SM336-6646
1570 01 01 18576
.m
(,itarysimons 1 asked Mr. Michael Harrison, a paralegal in our office to 2
sit in.
So he is with us as well.
3 JUDGE GROSSMAN:
Okay.
That's fine.
4 Let's first find out whether we have concluded 5
the evidentiary hearing.
6 Mr. Miller?
7 MR. MILLER:
Your Honor, there is one document 8
that was introduced by the intervenors in our last 9
telephone session as to which I would like to supplement 10 the documentary evidentiary record.
11 JUDGE GROSSMAN:
Okay.
12 MR. MILLER:
It is Exhibit 225.
That was a 13 November 12th, 1982 memorandum from Mr. Corcoran, who was O
km/
14 then the Comstock Quality control Manager to Mr. Marcus of 15 Commonwealth Edison Company.
16 The subsequent documentation at issue, or on 17 subsequent correspondence I should say gives a more 18 complete flavor of both the Comstock position and the 19 Commonwealth Edison response on the question of the 20 calibration records which was the subject of audit findings 21 that is reported in that exhibit.
22 What I would propose to do, Your Honor, is to 23 circulate to Mr. Guild and Mr. Barry copies of the 24 subsequent documents that I would propose to introduce to 25 determine whether or not they have any objection to their O
ACE-FEDERAL REPORTERS, INC.
202-347-3 2 0 Nationwide Coverage 800-336-6 4 6
'1570 01 01 18577
(-.
(_,r.crysimons 1-introduction simply as documentary exhibits, and on that 2
basis close the record.
3 JUDGE GROSSMAN:
Okay.
It's too bad you didn't 4
get it out to us earlier or we could have disposed of that 5
right now, Mr. Miller.
I think you ought to get us copies 6
of that, too, by Express.
7 MR. MILLER:
All right.
8 JUDGE GROSSMAN:
Now what do you propose we do 9
with closing the record then?
10 MR. MILLER:
Well, I really ---
11 JUDGE GROSSMAN:
I guess we really can' t do that 12 now.
I guess what we will do then is issue an order as 13 soon as we hear from the parties closing the record.
We m
14 will close it except for that item.
15 MR. MILLER:
All right, sir.
16 JUDGE GROSSMAN:
Mr. Guild, do you have any 17 problems with that?
i 18 MR. GUILD:
I anticipate having an opportunity to l
19 see the document that Mr. Miller is circulating and an i
j 20 opportunity to comment on that.
I 21 Otherwise, Judge, you will recall that we asked j
22 the Board to simply our objection to closing the record on l
l 23 the new Corcoran issue that we had raised in the course of l
24 the proceeding.
25 JUDGE GROSSMAN:
Right.
Okay, fine. I understand CE) 1 l
ACE-FEDERAL REPORTERS, INC.
(
202-147-3AO Nationwide Coserage 800-336-6M6
1570 01 01 18578 harysimons1 that.
2 Mr. Barry, I take it you have no objection to our 3
following the procedure that Mr. Miller suggests of 4
submitting that document with his offer of that document?
5 MR. BARRY:
The Staff has no objection to the 6
proposal the Board just made that Mr. Miller circulate the 7
document to the intervenor and the staff, that we review it 8
and if acceptable to the parties the record can be closed 9
on that basis, but closed now with the exception of a 10 ruling on the documents Mr. Miller wishes to propose.
11 JUDGE GROSSMAN:
Okay.
That's fine.
12 Now is there anything else before we get on to 13 the software that we were talking about, that is the 7
14 government's sof tware, and also Mr. Miller's indexing and 15 abstracting?
16 (No response.)
17 I take it there is nothing further then?
18 MR. MILLER:
Not from applicants, sir.
19 MR. BARRY:
Nothing further from the staff.
20 JUDGE GROSSMAN:
Mr. Guild?
21 MR. GUILD:
Well, Judge, I don't know.
Is there 22 something expected of ---
23 JUDGE GROSSMAN:
I just wanted to know if we had 24 any other issues?
25 MR. GUILD:
No, sir.
p/
ACE-FEDERAL REPORTERS, INC.
202 347-3700 Nationwide Cos erage 84XL3346M6
1570 01 01 18579 lhbtrysimons1 JUDGE GROSSMAN:
Okay, fine.
So let's briefly, 2
if we have agreement, we will discuss this on the record.
3 If not, then we will go off the record, but we might just
~4 as well have it on the record if we have agreed.
5 MR. GUILD:
Judge, excuse me, one thing did occur 6
to me.
I mentioned in the last conference call the Mendez 7
and Neizler document, the thousand weld check list.
8 JUDGE GROSSMAN:
Yes.
9 MR. GUILD:
I have done a review of my list of 10 exhibits, and I don' t find it listed as having been 11 admitted.
Perhaps others may have a more complete listing, 12 but mine does not show that listed, and I have haven't 13 found the transcript reference precisely for that g3
\\-)
14 document.
In light of that, I would ask that it be marked 15 as the next intervenors' exhibit and I will circulate 16 copies to the Board and parties.
17 JUDGE GROSSMAN:
You will have to refresh my 18 recollection on that, Mr. Guild, as to whether that 19 document has already been numbered.
20 MR. GUILD:
Apparently not, Judge.
At least I i
21 can' t find it so recorded in my notes.
But I know we 22 discussed it on the record when Mr. Neizler and Mr. Mendez 23 were present.
I think what happened, as I recall, is the 24 staff agreed to supply a copy of the document.
Mr. Mendez 25 I believe said he had it in his file.
After he left the (1)
ACE-FEDERAL REPORTERS, INC.
,-347-3700_,.
2(C Nationwide Coserage 8(n336-6M6
1570~01 01 18580 ts,.23rysimons 1 stand he.was to supply it and it was agreed that it would s
2 be admitted at that time.
3 No number was given to the document then.
It was 4
later circulated by the staff and I have a copy of it 5
available to circulate to the Board and the parties, but it 6
has not been given a number as of yet.
7 MR. MILLER:
Excuse me, and I am sorry to burst 8
in.
9 MR. GUILD:
It's okay if you have better 10 information.
11 MR. MILLER:
Our records indicate that Intervenor 12 Exhibit 98 is a David Thomas, Comstock check list located 13 by Mendez and admitted on August 27th, 1986.
14 MR. GUILD:
I just missed it then.
Thank you.
15 MR. MILLER:
Is that the same document?
16 MR. GUILD:
It certainly sounds like it.
It was 17 a Thomas check list and I'll check this transcript for that 18 day.
If it's that number, then I'll circulate it, Mr.
19,
Chairman, to the Board and parties.
If it's not that 20 number, perhaps I could just ask leave at this time to 21 assign it the next intervenor number and I will circulate 22 the document.
23 JUDGE GROSSMAN:
Mr. Miller, it was admitted on 24 that date?
25 MR. MILLER:
That's what my notes indicate, sir.
O ACE-FEDERAL REPORTERS, INC.
202-347-3700 Nationuide Coverage 600-336-6M6
1570 01 01 18581 r^%
(,23rysimons 1 JUDGE GROSSMAN:
Okay.
So that's fine.
I would 2
assume that has been taken care of then.
If someone has 3
information to the contrary after checking it out, then get 4
back to the Board on that.
5
-MR. BARRY:
We have just reviewed our staff 6
exhibit list and it does appear that Mr. Miller is correct 7
that Intervenor's Exhibit 98 appears to be the document to 8
which Mr. Guild made reference.
I 9
I do recall this particular document.
It is 10 correct, as Mr. Guild has said, that Mr. Mendez identified 11 this particular document in the course of his inspection, 12 and I do recall undertaking to make this document available i
13 to the intervenors.
14 To the best of my recollection, without having 15 the document in front of me, the description of the 16 document and the time that it was received appears to me 17 that this is in fact the document to which Mr. Guild makes 18 reference and it does appear to have been received in 19 evidence on August the 27th, 1986.
20 JUDGE GROSSMAN:
Okay, that's fine.
And I take 21 it we have not received a copy, Mr. Guild, is that your 22 understanding?
23 MR. GUILD:
Yes, Judge, that's my understanding.
24 JUDGE GROSSMAN:
Okay.
Well just see that who 25 hasn' t received copies do receive copies then and we won' t O
ACE-FEDERAL REPORTERS, INC.
202-347-37tU Nationwide Coverage 8%336-M46
_.,_m_
l 1570 01 01 18582
' '(,N,2nrysimons 1 take any further action.
r' 2
Now I take it that concludes everything but our 3
discussion with regard to software and abstracts; is that 4
correct?
Mr. Guild, you haven' t found any other ---
5 MR. GUILD:
Yes, sir, that seems to be it.
6 JUDGE GROSSMAN:
Pardon?
7 MR. GUILD:
Yes, sir, that seems to be it.
8 JUDGE GROSSMAN:
Okay.
Fine.
9 Now have you reviewed the abstracts or a sample 10 of them that Mr. Miller has supplied to you?
11 MR. GUILD:
I have really done little more on 12 that score, Judge, but I, with all the limits of abstracts, 13 certainly accept that if appropriate that they be available 14 to the Board and other parties as an aid.
I certainly-15 would expect that they be used in that fashion and not as a 16 direct -- other than as a direct record in this proceeding 17 of course.
18 JUDGE GROSSMAN:
Yes.
Well, certainly we have no 19 intention of doing that.
20 Mr. Miller, that's fine.
We then accept your 21 offer.
I would hope that you would get us hard copies also 22 in addition to the floppy disk that was mentioned, and I 23 take it that is acceptable to you?
24 MR. MILLER:
Yes, sir.
They will go out today.
25 JUDGE GROSSMAN:
Pine.
Thank you.
O ACE-FEDERAL REPORTERS, INC.
202-347 3700 Nationuide Cos erage 800-336 4 46
1570 01 01 18583 7j~anrysimons1 Now let's discuss the government's of fer, that is 2
the Board's offer of sharing its-software on the condition 3
that the parties are able to utilize that information 4
equally which in this case would require I believe that 5
applicant supply for a limited period the equipment that 6
intervenor vauld need in order to make use of the 7
software.
8 Mr. Miller,.can you bring us up to date on that?
9 MR. MILLER:
Yes, sir.
Actually I sent a letter 10 to Mr. Guild ye terday to his Chicago office and by Federal 11 Express to South Carolina.
12 JUDGE GROSSMAN:
I'll tell you, maybe this is 13 more appropriate for not being on the record.
Do you 14 believe that?
Maybc^we can discuss the reporter and then 15 discuss this a,mong' ourselves.
16 Is there any objection to that?
17 MR. MILLER:
I have no objection to it.
18 JUDGE bROSSMAN:
Mr. Guild?
19 MR. GUILD:
Judge, it sounds like I'm losing you.
20 JUDGE GROSSMAN:
Mr. Guild, I think you are going 21 to have to speak into the phone.
We're having a problem 22 picking you up here.
23 MR. GUILD:
Can you hear me, Judge?
24 MR. BARRY:
Mr. Chairman, I believe Mr. Guild 25 said that he was losing us and he has just faded out from O
ACE-FEDERAL REPORTERS, INC.
202-347-3700 Nationside Coserag 800-336-6N6
1570 01 01 18584 harysimons1 us.
2 MR. GUILD:
Judge I can hear you a little better l
3 now.
l 4
JUDGE GROSSMAN:
Okay.
What I suggested Mr.
l l
5 Guild was that we discuss this off the record and we 6
dismiss the court reporter at this point.
7 MR. GUILD:
That would be fine, Judge.
3 JUDGE GROSSMAN:
So Ms. Reporter, we will just 9l terminate your services at point.
l 10 (Whereupon, at 10:25 a.m.,
the reported part of 11 the telephone conference concluded.)
12 j
13 '
14 15 16 17 18 19 20 21 f
22 23 24 25 l
o 4
ACE-FEDERAL REPORTERS, INC.
e:.u>.3,,,
x,_& c_,
s< o_
l CERTIFICATE OF OFFICIAL RsORTER i_
)
s.
This is to certify that the attached proceedings before j
the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:
NAME OF PROCEEDING:
COMMONWEALTH EDISON COMPANY (Braidwood Station, Units 1 and 2)
DOCKET NO.:
50-456-OL 50-457-OL PLACE:
!1ashington, D. C.
r's
! )
DATE:
Tuesday, December 9, 1986 s
were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
(sLqt)
$d4f_
l/)'J{,0Xd (TYPED)
MARY C.
SIMONS Official Reporter ACE-FEDERAL REPORTERS, INC.
Reporter's Affiliation b')
v