ML20054J569

Advice to Aslab Re Overall Jurisdiction to Assure Fair Hearings.Proof of Svc Encl

ML20054J569
Person / Time
Site:	Byron
Issue date:	06/25/1982
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
To:
References
ISSUANCES-OL, NUDOCS 8206290259
Download: ML20054J569 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *0e .. .

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g/y ATOMIC SAFETY AND LICENSING APPEAL BOARD y In the Matter of )

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Byr;,o Nuclear Power Station, )

Units 1 and 2) )

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ADVICE TO THE APPEAL BOARD IN CONNECTION WITH ITS OVER ALL JURISDICTION TO ASSURE FAIR HEARINGS The Rockford League of Women Voters (" League"), by its counsel, wishes to advise the Appeal Board of the following events:

1. Shortly after being advised of the Appeal Board's rejection of our Petition for Reconsideration, we received the letter attached hereto as Exhibit A from counsel for the Applicant.

2. Our predictions in our Petition for Reconsideration have now come true.

3. While we have moved for sanctions against Commonwealth Edison Co. for the prospective breach in refusing to answer our Interrogatorie', it is clear that the mask of ropectability of Commonwealth Edison and its counsel has been stripped away.

4. While we do not contemplate the Appeal Board 'will take any action, we simply offer Exhibit A as an indication that the Appeal Board's finding of fault with respect to the League probably would have turnec out differently if

, a hearing had been held, as we demanded.

8206290259 820625 gDRADOCK05000g ,

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5. While we believe that the matter is now before tiie Licensing Board, if the Appeal Board in its overall supervision of hearings wishes to take ,

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, some action against Commonwealth Edison to prevent their delaying tactics, the League would of course welcome it.

Respectfully submitted, Myron M. Cherry, p.e. FOR D LEAGUE OF WOME VOTERS Peter Flynn, p.c.

CHERRY & FLYNN -

Three First National Plaza Suite 3700 By: I is 1-- / ' h-Qu'e its Attorneyy F Chicago, Blinois 60602 /

(312) 37 2-210 0 )

ISHAM, LINCOLN & BEALE COUN51LO835 Al LAW TM4(( f ast$1 h ATIONAL PLAZ A DeCAGO eLuworstourt T E LIPMONI 312 3E7300 WA5xasGTON OFFICE 08 RT T Lps willamas G s(ALE,. 1ess iets 6 WA5MneGTON. D C. Socas m snene .=

June 25, 1982 Myron M. Cherry, Esq.-

Cherry & Flynn Suite 3700 Tnree First National Plaza Chicago, Illinois 60602 Re: Rockford League of Women Voters v.

Commonwealth Edison ~ Company

Dear Mike:

I have reviewed your June 23, 1982 letter and have received the League 's first interrogatories to Commonwealth Edison. The position set forth in your letter is wholly in-consistent with the Appeal Board's June 17, 1982 Order. There are presently 114 League contentions outstanding. The Licensing Board has set the date of August 18, 1982 for the commencement of the evidentiary hearing. We have no present position as to whether that date should be extended pending receipt of your answers to interrogatories on July 6 and the ranking of the League's contentions as contemplated by the Appeal Board Order. We regard.that step as a necessary pre-requisite to any further proceedings with respect to the League's contentions and anticipate that ranking will take place no later than July 6,1982, the date on which answers to the interrogatories are due. It may assist you in pre-paring answers to interrogatories to know .that Commonwealth l' Edison's position is that 114 contentions can nah by any stretch of the imagination, be " comfortably litigated" to accommodate a late 1983 fuel load date for Byron Unit 1 ,

even if evidentiary hearings begin tomorrow. Therefore, I l strongly suggest that the League ' restrict itself. to the 10 or '

so contentions contemplated by the Appeal Board's Order. If you do so, answering our second set of interrogatories by July 6 should pose'no problem. In fact, depending on the 10 contentions you choose to litigate, answers to the second set of, interrogatories may not be necessary at all.

"MMMM'Mm m EXHIBIT A "-

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Myron M. Cherry, Esq. -

I June 25, 1982 Page 2

. The League'.s interrogatories to Edison are clearly

. out of time. The Licensing Board's Order of September 9, 1981, ordered that all discovery be completed by November '.,

. 1981. The League took no steps to initiate discovery prior to its dismissal of the proceeding, 3 days prior to the discovery cut-off date. Absent any change in the Licensing Board's Order closing discovery as of November 1, 1981, the interrogatories are untimely and will not be answered. An ,

appropriate objection to the interrogatories will be filed with the' Licensing Board.

Sincerely,

.L MIM

es Michael I. Miller

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r PROOF OF SERVICE '

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- 7, :i,'.S I certify that an original and three copies of the foregoing wereserved o

upon the Secretary of the Atomic Safety and Licensing Appeal Board, counsel for the U. S. Nuclear Regulatory Commission Staff, counsel for Commonwealth Edison Co. and the Secretary-Docketing Section of the U. S. Nuclear Regulatory Commission by mail, postage prepaid and properly addressed, this 25th day of June, 1982.

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