ML20237A026
| ML20237A026 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 08/10/1998 |
| From: | Helfrich R COMMONWEALTH EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#398-19406 98-744-04-LA, 98-744-4-LA, LA, NUDOCS 9808130034 | |
| Download: ML20237A026 (4) | |
Text
FROMs COMED LAW DEPT FAX HO.s 312 394 3456 08-10-98 04:31P P.02 g
i l
DOCFETED 1
l UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION 36 E 11 NO :57 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
l.
u l
Thomas S. Moore, Chairman Abe -
l Dr. Jerry R: Kline l
Frederick J. Shon
)
In the Matter of
)
Docket Nos. 50-295/304-LA
)
COMMONWEALTH EDISON COMPANY )
ASLBP No, 98-744-04-LA
)
(Zion Nuclear Power Station, Units 1 and 2) )
August 10,1998
)
MOTION FOR ADJUSTMENT OF FH ING SCHEDULE Pursuant to 10 CFR 5 2 730, Commonwealth Edison Company (Comed), licensee in the above captioned matter hereby files this Motion requesting that responses to the nineteen contentions filed by Mr. Edwin D. Dienethal (Pethioner) currently due to be filed on August 25,1998, be postponed until the Atomic Safety and Licensing Board in this proceeding (the Board) determines whether Petitioner has standing to intervene in this proceeding. Counsel for the NRC has no objection to this Motion, provided it is granted similar relief. Counsel for Petitioner does not support this Motion.
On July 1,1998 and July 8,1998 respectively, both Comed and the NRC Staff responded to Petitioner's initial Petition to Intervene in this proceeding, noting that no clear basis for standing had been established. On July 19,1998, the Board ordered WA03119312 9008130034 980810 DR ADOCK 05 25
F.,FROMs COMED LAW DEPT FAX HD.:
312 394 3c96 08-10-98 Oct32P P.03 t
Petitiones to file an Amended Petition to Intervene, as well as any proposed contentions.
Petitioner filed the Amended Petition on July 31,1998. However, Comed believes, and will show in its reply to Petitioner's Amended Petition (due date August 18,1998) that, like the initial Petition, the Amended Petition does not establish Petitioner's standing to l
intetvene in this proceeding. Accordingly, Comed believes that it is premature and l
inefficient to require a response to the proposed contentions prior to a determination on standing.
l Petitioner has submitted nineteen proffered contentions with his Amended Petition.
These contentions are supported by attachments in excess of 100 pages and incorporate by reference the entire record of two U.S. Depanment of Labor proceedings. Responding to I
l these contentions will impose on Comed (and NRC Staff) substantial expense and require application of resources. The parties will necessarily have to address each contention, explaining why it should not be admitted. Imposing this burden on the partics when Petitioner's standing is in serious doubt is contran to the Commission's strong interest in a fair and efficient adjudicatory process most recently expressed in the August 5,1998 Policy Statement on the Conduct of Adjudicatory Proceedings. Pursuant to 10 CFR Q 2.718 (e), the Board has the authority to regulate the course of the proceeding. As such, in order to maintain a fair and efficient adjudicatory process, the Board should issue an order postponing Comed's (and the NRC StafTs) response to Petitioner's preferred l
contentions until after it rules on the issue of standing. In the event that standing is found, I
I WA03'l19312 1
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,FROMI COMED LAW DEPT FAX HO.8 312 390 3436 08-10-98 94832P P.04 Comed requests ten business days following that decision within which to respond to the proposed contentions.
l CONCLUSION For the reasons set forth above, the Board should grant an Order postponing Comed's l
(and the NRC StatTs) response to Petitioner's proffered contentions until this Board rules on whether Petitioner has standing to intervene in this proceeding.
Respectfully submitted, Robert E. Helfrign/
COMMONWEALTH EDISON COMPANY Law Department, Room 1535 125 South Clark Street Chicago, IL 60603 (312) 394-8230 David W. Jenkins COMMONWEALTH EDISON COMPANY Law Department, Room 1535 125 South Clark Street Chicago, IL 60603 (312) 394-8230 Philip E. Troy 6531 Chestnut Grove Lane Charlotte, NC 28210 (312) 394-5306 ATTORNEYS FOR COMMONWEALTH EDISON COMPANY Dated in Chicago, IL This 10th day of August,1998 WA03/119312 I
FQOMs COMED LAW DEPT FAX HO.s 312 390 3096 00-10-98 0 1 P
00c"MD USW '
CERTIFICATE OF SERVICE
~"
I hereby cenify that a copy of the foregoing Commonwealth Edison Chp%'sl$fot/Ap $p Adjustment of Filing Schedule, was served via postage prepaid first-class mail (and facsimile to those persons indicated by an asterisk [*]) on this 10th day oOAugust,1998,- upon the following persons:
g Thomas S. Moore, Chairman
- Office of the Secretary (original & 2 copiesh Administrative Judge ATTN: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission l
Mail Stop T-3 F23 washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Commission Appellate Adjudication l
U.S. Nuclear Regulst< ry Commission Dr. Jerry R. Kline
- Washington, D.C 201 - 5 Administrative Judge Atomic Safety and Licensing Board Panet Adjudicatory File (2 copies)
Mail Stop T-3 F23 Atomic Safety and Licensing Board U S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C 20555 Dr. Frederick J. Shon
- Stephen M. Kohn, Esq.
- Administrative Judge Michael D. Kohn, Esq.
Atomic Safety and Licensing Board Panel David K. Colapinto, Esq.
Mail Stop T-3 F23 KOHN, KOHN & COLAPINTO, P.C.
U.S. Nuclear Regulatory Commission 3233 P Street, N.W.
Washington, D.C. 20555 Washington, D C. 20007 Mr. Edwin D. Dienethal Sherwin E. Turk, Esq c
- 8354 47th Court Roben M. Weisman, Esq.
l Kenosha, WI 53142 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 BY:
Robert E. F/prich Senior Cou:del Commonwealth Edison Company WA03'119312