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Category:AFFIDAVITS
MONTHYEARML20234D0961987-07-0101 July 1987 Affidavit of DW Cassel.* Affidavit Re Intervenors Rorem,Et Al Motion to Reopen Record to Admit Late Filed Contention on Financial Qualification.Related Info Encl.W/Certificate of Svc & Svc List ML20214N0521987-05-28028 May 1987 Affidavit of Mj Wallace.* Affidavit of Mj Wallace Re Startup & Initial Criticality of Unit 1.W/Certificate of Svc ML20214N0471987-05-28028 May 1987 Affidavit of Jc Bukovski.* Affidavit of Jc Bukovski Re Delay in Startup,Testing & Commercial Operation of Unit 1 ML20205R9981987-04-0101 April 1987 Affidavit of Jt Louden Re Review of Lk Comstock Welding Procedures,Including Specs & Supporting Procedure Qualification Records in Effect from 841109-851231.Joint Welding Procedure Specs Encl ML20205R9661987-04-0101 April 1987 Affidavit of at Simile Re Insp of Lk Comstock Files of Superceded Revs to Welding Procedures & Current & Past Procedure Qualification Records for Period of 841109-851231 ML20211H4661986-10-27027 October 1986 Affidavit of Nondisclosure of RO Wolf Re 851206 Protective Order.Certificate of Svc Encl ML20209G3531986-09-0909 September 1986 Affidavit of B Mann Supporting Applicant 860818 Motion for Authorization of Fuel Loading & Precritical Testing ML20209G3771986-09-0909 September 1986 Affidavit of Rn Gardner Re Region III Intent to Ensure Compliance W/License Conditions Invoked by License Issued as Result of Motion for Authorization of Fuel Loading & Precritical Testing.Certificate of Svc Encl ML20209G3651986-09-0808 September 1986 Affidavit of Wl Brooks Supporting Applicant 860818 Motion for Authorization of Fuel Loading & Precritical Testing ML20203L1741986-08-19019 August 1986 Affidavit of Rj Slember Supporting Applicant Motion for Authorization for Fuel Loading & Precritical Testing. Certificate of Svc Encl.Related Correspondence ML20214K7611986-08-18018 August 1986 Affidavit of Kd Brienzo Re Special Measures for Fuel Loading & Precritical Testing Activities ML20214K7761986-08-18018 August 1986 Affidavit of Tj Maiman Supporting Util Request for Authorization for Fuel Loading & Precritical Testing. Rj Slember Unexecuted Affidavit Encl.W/Certificate of Svc ML20199K8871986-07-0101 July 1986 Affidavit of KT Kostal in Response to Motion to Admit Late Filed Contention on Overstress of Structural Columns. Controlled Program Implemented to Assure That Structural Steel Not Overstressed.Certificate of Svc Encl ML20203N1331986-04-29029 April 1986 Affidavit of Ds Hefter Ack Receipt & Understanding of Encl Agreed Protective Order Re Protected Info ML20141D7981986-04-0202 April 1986 Affidavit of Tj Maiman Re Braidwood Unit 1 Scheduled Fuel Load Date ML20140C6891986-03-20020 March 1986 Affidavit of Mi Miller Re Preparation for Evidentiary Hearings on Contentions 1.A,6.A,10.A,12.A,13.A,10B & 11C. W/Certificate of Svc.Related Correspondence ML20140D6841986-03-20020 March 1986 Affidavit of Mi Miller Re Torrey Pines Technology,Inc Reinsp of safety-related Mechanical Equipment.Factual Matters in Marcus Assessment Have Not Been Withheld from Discovery Process.Certificate of Svc Encl ML20214C5261986-02-15015 February 1986 Affidavit of Wj Kropp Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 10F.Related Info Encl ML20214C4391986-02-13013 February 1986 Affidavit of Rd Schulz Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 6.G.Related Info Encl ML20214C3301986-02-13013 February 1986 Affidavit of Jm Jacobson Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 3.C.Related Info Encl ML20214C3341986-02-13013 February 1986 Affidavit of JW Muffett Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 5.A.Related Info Encl ML20214C5141986-02-13013 February 1986 Affidavit of Kd Ward Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 9.D.Related Info Encl ML20214C3801986-02-13013 February 1986 Affidavit of JW Muffett Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 5.C.Related Info Encl ML20214C6761986-02-13013 February 1986 Affidavit of JW Muffett Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 14.B.4.Supporting Documentation & Certificate of Svc Encl ML20214C6281986-02-13013 February 1986 Affidavit of Rd Schulz Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 14.B.3.Supporting Documentation Encl ML20214C6061986-02-13013 February 1986 Affidavit of Pr Pelke Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 14.B.2.Supporting Documentation Encl ML20214C5961986-02-13013 February 1986 Affidavit of Rd Schulz Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 14.B.1.Supporting Documentation Encl ML20214C5831986-02-13013 February 1986 Affidavit of JW Muffett Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 13.B.Supporting Documentation Encl ML20214C5801986-02-13013 February 1986 Affidavit of Rn Gardner Supporting NRC Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 12.J.Supporting Documentation Encl ML20214C5691986-02-13013 February 1986 Affidavit of Rn Gardner Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 12.F.Related Info Encl ML20214C5521986-02-13013 February 1986 Affidavit of Rn Gardner Supporting Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 12.E.Related Info Encl ML20214C4961986-02-13013 February 1986 Affidavit of Kd Ward Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 9.C.Related Info Encl ML20214C4681986-02-13013 February 1986 Affidavit of Jm Jacobson Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 9.A.Related Info Encl ML20214C4511986-02-13013 February 1986 Affidavit of Rd Schulz Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 6.I.Related Info Encl ML20214C3581986-02-13013 February 1986 Affidavit of Wj Kropp Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 5B.Related Info Encl ML20214C4091986-02-13013 February 1986 Affidavit of Rd Schulz Supporting Staff Response to Applicant 851220 Motion for Summary Disposition of Rorem QA Subcontention 6.F.Related Info Encl ML20137A9131986-01-15015 January 1986 Affidavit of J Gallo Re 851206 Protective Order.Receipt of Order Ack.Protection from Discrimination Emphasized for Util Employees Participating in Proceedings.Related Correspondence ML20137J1251986-01-10010 January 1986 Affidavit of Ld Butterfield Re Respiratory Protection. Statement Re Use of Handkerchief Deleted from Emergency Planning Brochures Due to Technical Inappropriateness. Certificate of Svc Encl.Related Correspondence ML20138M6501985-12-19019 December 1985 Affidavit of Mj Wallace Re QA Contention Concerning Util Responsiveness to QA Audit Findings & NRC Noncompliance & Nonconformance Repts.Corrective Actions Implemented on Schedule to Achieve Fuel Load Date.W/Certificate of Svc ML20138P5391985-12-18018 December 1985 Affidavit of G Wegner Re Rorem Offer of Proof.Certificate of Svc Encl ML20138N5011985-12-18018 December 1985 Affidavit of G Wenger Re Rorem Offer of Proof Concerning Seven Issues Questioning Whether Certain Subjs Adequately Addressed by State of Il Plan for Radiological Accidents ML20137X1001985-12-0202 December 1985 Affidavit of Js Fairow Re Seven Emergency Planning Issues Raised by Intervenor 851025 Offer of Proof.Certificate of Svc Encl ML20137C3121985-11-20020 November 1985 Affidavit of Rv Seltmann Supporting Revised Responses to Rorem Interrogatories 13-16 & Contention Item 6.B.5 Re Qa. Related Correspondence ML20137C3291985-11-20020 November 1985 Affidavit of If Dewald Supporting Revised Responses to Rorem Interrogatories 13-16 & Contention Item 6.B.5 Re Qa.Related Correspondence ML20137C3421985-11-20020 November 1985 Affidavit of TE Quaka Supporting Revised Responses to Rorem Interrogatories 13-16 & Contention Item 6.B.5 Re Qa.Related Correspondence ML20133F5361985-10-0808 October 1985 Affidavit of Jg Keppler Re 850621 Util late-filed Amended QA Contention.Certificate of Svc Encl ML20133F5971985-10-0202 October 1985 Affidavit of Rv Seltmann Supporting Util Response to Specific Interrogatories 58 & 59 Filed by Intervenor as Part of QA Contention.Related Correspondence ML20132C4381985-09-23023 September 1985 Affidavit of Mj Wallace Re Impact of Intervenor QA Contention on Project Const.Critical Path Activities Delayed 3 to 4 Months by QA Contention.Continued Litigation Will Delay Const Further & Elevate Cost ML20133F5931985-09-19019 September 1985 Affidavit of JW Gieseker Supporting Util Response to Specific Interrogatories 58 & 59 Filed by Intervenor as Part of QA Contention.Related Correspondence ML20133F6001985-09-0606 September 1985 Affidavit of DA Hoffer Supporting Util Response to Specific Interrogatories 58 & 59 Filed by Intervenor as Part of QA Contention.Certificate of Svc Encl.Related Correspondence 1987-07-01
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20207E0051999-03-0202 March 1999 Transcript of 990302 Public Meeting with Commonwealth Edison in Rockville,Md.Pp 1-104.Supporting Documentation Encl ML20236H9381998-06-30030 June 1998 Transcript of 980630 Meeting W/Commonwealth Edison in Rockville,Md.Pp 1-123.Supporting Documentation Encl ML20198P3001997-11-0404 November 1997 Transcript of 971104 Public Meeting W/Ceco in Rockville,Md Re Measures Established by Ceco to Track Plant Performance & to Gain Understanding of CAs Put Into Place to Improve Safety.Pp 1-105.W/Certificate & Viewgraphs ML20149H0301997-06-19019 June 1997 Comment Opposing Proposed Generic Communications Re Control Rod Insertion Problems ML20059C2351993-12-17017 December 1993 Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication ML20204G3081988-10-19019 October 1988 Order Imposing Civil Monetary Penalty in Amount of $50,000, Per 880506 Notice of Violation from Insp on 880301-17 ML20154K0301988-05-20020 May 1988 Transcript of 880520 Dicussion/Possible Vote in Rockville,Md Re Full Power OL for Facility.Pp 1-70.Related Info Encl ML20148G2161988-03-25025 March 1988 Decision.* Affirms Concluding Partial Initial Decision, LBP-87-14,25 NRC 461.Served on 880325 ML20149D8231988-02-0101 February 1988 Notice of Withdrawal.* Withdraws Appearance as Atty for Util in Proceeding,Effective 880201.Certificate of Svc Encl ML20236A8341987-10-21021 October 1987 Transcript of 871021 Proceedings in Bethesda,Md.Pp 1-100 ML20235K8741987-09-30030 September 1987 Notice of Oral Argument.* Oral Argument on Pending Appeal of Intervenors Bridget Little Rorem from Board 870519 Concluding Partial Initial Decision in Proceeding Will Be Heard on 871021.Served on 871002 ML20235H7121987-09-25025 September 1987 Memorandum & Order.* Intervenor Appeal from ASLB Rejection of late-filed Contention Dismissed & LBP-87-19 & LBP-87-22 Vacated on Grounds of Mootness Due to Util Withdrawing Amend Application.Served on 870928 ML20237L7461987-09-0303 September 1987 Order.* Oral Argument on Pending Appeal of Intervenors Bl Rorem Et Al from Licensing Board 870519 Concluding Partial Initial Decision in OL Proceeding Will Be Heard on 871021 in NRC Public Hearing Room.Served on 870903 ML20237L7721987-09-0101 September 1987 Reconstitution of Aslab.* Notice That Aslab Has Been Reconstituted for OL Proceeding.Board Will Consist of as Rosenthal,Wr Johnson & Ha Wilber.Served on 870902 ML20237L6931987-08-28028 August 1987 Decision.* Review of Licensing Board 870513 & 0706 Partial Initial Decisions Revealed No Error Necessitating Corrective Action.Result Reached by Licensing Board Re Decision LBP-87-13 Affirmed.Served on 870831 ML20237K0361987-08-11011 August 1987 NRC Staff Brief in Support of LBP-87-14.* Certificate of Svc Encl ML20236P1101987-07-31031 July 1987 Brief of Comm Ed.* Brief Filed Re Appeal by Bridget Little Rorem,Et Al from ASLB 870519 Concluding Partial Initial Decision.Appeal Shoud Be Denied & Decision Affirmed. Certificate of Svc Encl ML20236N9791987-07-31031 July 1987 NRC Staff Response to Aslab Order of 870721.* NRC Supports Deferral of Briefing of Intervenors Appeal Until Applicant Affirmation Re Withdrawal of License Amend Application Received.Bc Hunsader Encl.W/Certificate of Svc ML20236N8851987-07-31031 July 1987 Response to Intervenors Request for Deferral of Further Appellate Proceedings.* Forwards Util to NRC Withdrawing License Amend Applications Re Ownership.Pending Appeal Should Be Dismissed.Certificate of Svc Encl ML20235Y8711987-07-23023 July 1987 Appeal from Licensing Board Denial of Motion to Reopen Record.* Intervenors Rorem Appeal from Decision of Licensing Board of 870706 Denying Rorem Motion to Reopen Record for Purpose of Admitting Late Contention.W/Certificate of Svc ML20235Y9081987-07-21021 July 1987 Order.* Date for Filing Briefs Re Intervenor Appeal of Board 870706 Memorandum & Order Denying Motion for Reconsideration & Motion to Admit late-filed Contention Postponed Until Further Order by Board.Served on 870722 ML20234D0521987-07-0202 July 1987 Motion to Reopen Record to Admit late-filed Contention on Financial Qualifications.* Record Should Be Reopened Since Rule Barring case-by-case Financial Qualification Adjudication Not Applicable ML20235D6761987-07-0202 July 1987 Order.* Intervenors 870623 Motion That ASLB Reconsider 870610 Memorandum & Order Denying 870506 Motion to Reopen Record & 870701 Motion to Admit late-filed Contention Denied.Motion in Alternative Dismissed.Served on 870707 ML20234D0961987-07-0101 July 1987 Affidavit of DW Cassel.* Affidavit Re Intervenors Rorem,Et Al Motion to Reopen Record to Admit Late Filed Contention on Financial Qualification.Related Info Encl.W/Certificate of Svc & Svc List ML20216J8821987-07-0101 July 1987 Motion in Alternative Before Appeal Board.* Intervenors Hold That Jurisdiction Over 870701 Motion to Reopen Record to Admit Late Filed Contention on Financial Qualifications Remains W/Aslb.W/Svc List & Certificate of Svc ML20234D0361987-07-0101 July 1987 Opening Brief of intervenors-appellants Bridget Little Rorem,Et Al.* Board Majority Committed Errors of Fact & Law That Compel Reversal of 870519 Concluding Partial Initial Decision.Certificate of Svc Encl CLI-87-07, Order CLI-87-07.* ASLB Concluding Partial Initial Decision, Resolving All Contested Issues & Authorizing NRR to Issue Ol,Reviewed by Commission & Effective Immediately.Separate Views of Commissioner Asselstine Encl.Served on 8707011987-06-30030 June 1987 Order CLI-87-07.* ASLB Concluding Partial Initial Decision, Resolving All Contested Issues & Authorizing NRR to Issue Ol,Reviewed by Commission & Effective Immediately.Separate Views of Commissioner Asselstine Encl.Served on 870701 ML20235A7271987-06-30030 June 1987 Transcript of 870630 Discussion/Possible Vote in Washington, DC Re Full Power OL for Facility.Pp 1-70.Supporting Documentation Encl ML20216D1941987-06-22022 June 1987 Order.* Amend to 861107 Protective Order Which Resolved Dispute Between ASLB & Commission Ofc of Investigation Over Disclosure of Certain Investigatory Matls.Certificate of Svc Encl.Served on 870623 ML20215J8891987-06-19019 June 1987 Applicant Texas Utils Electric Co Petition for Directed Certification of Licensing Board Order of 870312.* Brief Supports Granting Petition to Vacate ASLB 870312 Order. Supporting Documentation & Certificate of Svc Encl ML20215D9241987-06-15015 June 1987 Memorandum on Licensing Board Jurisdiction.* Jurisdiction Over Intervenors 870506 Motion Retained Until Further Action of Licensing Board Due to Util 870528 Filing of Application for Amend to Ol.Served on 870616 ML20214W9601987-06-12012 June 1987 Transcript of 870612 Telcon in Washington,Dc.Pp 18,585- 18,596 ML20214W5031987-06-10010 June 1987 Memorandum & Order (Denying Intervenors Motion to Admit late-filed Contentions on Financial Qualifications).* Rorem, Et Al 870506 Motion Re Financial Qualifications of New co- Licensees Denied for Want of Jurisdiction.Served on 870611 ML20214W5491987-06-0909 June 1987 Notice of Reconstitution of Board.* Iw Smith,Chairman & Rf Cole & AD Callihan,Members.Served on 870610 ML20214W4911987-06-0909 June 1987 Order.* ASLB 870513 Partial Initial Decision Addressing Emergency Planning Issues Will Be Reviewed Sua Sponte & Will Not Be Deemed Final Until Further Order.No Appeal from Decision Received ML20214P0811987-06-0101 June 1987 Notice of Appeal.* Intervenor Bl Rorem,By Attys & in Accordance w/10CFR2.762,appeal ASLB 870519 Concluding Partial Initial Decision Re Plant Which Served on Parties on 870521.Notice of Appearance & Certificate of Svc Encl ML20214N0521987-05-28028 May 1987 Affidavit of Mj Wallace.* Affidavit of Mj Wallace Re Startup & Initial Criticality of Unit 1.W/Certificate of Svc ML20214N0471987-05-28028 May 1987 Affidavit of Jc Bukovski.* Affidavit of Jc Bukovski Re Delay in Startup,Testing & Commercial Operation of Unit 1 ML20214N0421987-05-28028 May 1987 Commonwealth Edison Co Comments to Commission on Immediate Effectiveness Issues.* Forwards Affidavits of Mj Wallace & Jc Bukovski.Requests Opportunity to Be Heard If Commission Contemplates Such Stay ML20214N4321987-05-26026 May 1987 NRC Staff Response to Motion to Admit late-filed Contention on Financial Qualifications.* Board Must Deny Motion to Admit late-filed Contention & Deny Request to Certify Question of Waiver to Commission.W/Certificate of Svc ML20214N3901987-05-22022 May 1987 Amend to Concluding Partial Initial Decision.* Amends 870519 Concluding Initial Decision to Delete Limited Authorization Granted NRR to Issue License for Low Power Testing,Due to Issuance of LBP-87-13 on 870513.Served on 870526 ML20214N0631987-05-19019 May 1987 Errata Correction.* Requests Pen & Ink Corrections to Minority Decision Pages Forwarded as Corrected Pages to Errata .Pages 73,74 & 75 Should Be Numbered as Pages 72,73 & 74,respectively.Served on 870529 ML20214N0851987-05-19019 May 1987 Errata.* Forwards Corrected Pages to Minority Opinion, Matters of Dissent.Served on 870528 ML20214G5141987-05-19019 May 1987 Response to Intervenor Motion Seeking to Reopen Record for Admission of New Contention.* Intervenor Filed Motion, Motion to Admit Late Filed Contention on Financial Qualifications. Affidavit & Certificate of Svc Encl ML20214N3431987-05-19019 May 1987 Errata to Concluding Partial Initial Decision (Ol).* Minor Editoral Corrections Listed.Served on 870528 ML20214G5921987-05-19019 May 1987 Concluding Partial Initial Decision (Ol).* Due to Violation Re Discouragement to Document Any Major Deficiency That Could Result in Lengthy Delay in Production,Civil Penalty Should Be Imposed on Comstock & Util.Served on 870521 ML20214G8701987-05-18018 May 1987 Notice of Reconstitution of Aslab.Gj Edles Chairman & WR Johnson & CN Kohl Members.Served on 870520 ML20213F9971987-05-13013 May 1987 Partial Initial Decision on Emergency Planning Issues.* ASLB Resolves All Outstanding Issues Re Offsite Emergency Favorably to Applicant Subj to Certain Info Being Included in Next Emergency Info Booklet.Served on 870514 ML20215K9991987-05-0606 May 1987 Motion to Admit late-filed Contention on Financial Qualifications.* Contention Based on Util 870406 Filing Re New Ownership & Financing for Facility.Affidavit & Certificate of Svc Encl ML20214F1991987-04-22022 April 1987 Applicant Exhibit A-188,consisting of Admitting Exhibit.Util Re General Ofc Records Audit,Lk Comstock Engineering Co,Inc 830110 Memo Re Audit Responses & 821101 General Insp Rept Re Torque Wrench Test Record Encl 1999-03-02
[Table view] |
Text
4 March 20, 19d6 X
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )
)
COMMONWEALTH EDISON COMPANY )
) Docket Nos. 50-456 (Braidwood Station, Units 1 ) 50-457 and 2) )
AFFIDAVIT OF MICHAEL I. MILLER Michael I. Miller, being first duly sworn, deposes and says:
- 1. I ar a partner in the law firm of Isham, Lincoln &
Beale, counsel tc Cc =cnwealth Edison Ccmpany in the above-captioned proceeding. I have overall responsibility for the preparation of and presentation of the Company's evidence in the operating license hearings. I have personal knowledge of the facts herein.
- 2. In August, 1985 I determined that I required an evaluation of certain aspects of the reinspection of safety-related mechanical equipment by an organization independent of Commonwdalth Edison Company or its architect / engineer, Sargent &
Lundy. I retained Torrey Pines Technology Inc. for~that purpose and specifically directed the aspects of the reinspection program which I wished them to evaluate. Torrey Pines Technology Inc.
employs personnel who are expert in evaluating various reinspection programs and other quality assurance issues. See e.g. Long Island Exhibit 3.
(Filed March 20, 1986) 9603260413 860324 PDR ADOCK 05000456 G PDR
4 4
-2 Lighting Company (Shoreham Nuclear Power Station, Unit 1),
LBP-83-5, 18 NRC 445, 617-18 (1983). The reinspection of safety-related mechanical equipment is involved in contentions 1.A, 6.A, 10.A, 12.A and 13.A. I have relied on the conclusions expressed to me by Torrey Pines in developing the litigation position which the Company will take on these issues.
Torrey Pines has not been identified as an expert witness in this proceeding nor have I communicated its conclusions te any employee of Commonwealth Edison Company or Sargent &
Lundy. No fact known to Torrey Pines regarding safety-related mechanical equipment reinspection program has seen withheld from discovery.
- 3. In the course of preparation for the evidentiary hearings in this matter a number of reports on various corrective action programs have been prepared and' submitted by Commonwealth Edison Company. Several of these reports deal directly with issues which are in contention. These are the report on safety-related mechanical equipment (contention items 1.A, 6.A, 10.A, 12.A and 13.A), the material traceability verification report (con-tention item 10.B) and the corroded pipe report (contention item ll.C). These reports were issued on January 10, 1986, November 15, 1985 and January 13, 1986, respectively. In each case the report satisfied both a commitment that the Company had made to the NRC Staff and was a part of the preparation for the evidentiary hearings on these issues. In each instance I and other attorneys from my
) firm participated in the drafting of the reports and commented
\
\'
on various preliminary drafts of each document. In.many instances handwritten notes by attorneys appear.on the drafts for which a privilege from discovery is now claimed.
Changes in organization, approach and presentation of data in these reports occurred in part as a result of advice and participation of counsel. A review of the drafts would therefore disclose the mental impressions and theories of the attorneys whc participated in this process. In no instance have. factual matters which are set forth in the drafts been withheld fro the discovery process.
- 4. I and other atterneys from my firm have partici-pated in the drafting cf the BCAP report. At the time this preparation took place it was not certain whether the BCAP~
report would be used as part cf the applicant's direct case in this. proceeding. A decision has now been made that the underlying conclusions and analyses contained in that report will not be a part of the applicant's direct case. It is, however, possible that a portion of the BCAP effort may be evidence in rebuttal. It is for that reason that applicant has turned over in discovery all of the underlying BCAP documents and has responded to interrogatories on BCAP. Since the preparation of the BCAP report involved the same partici-pation of attorneys as described in paragraph 3, the mental impressions and theories of attorneys would be disclosed by a review of the drafts of the BCAP report. In no instance have factual matters which are set forth in the drafts of the BCAP report been withheld from the discovery process.
4 4
4
- 5. At an early stage in this proceeding, after the contentions had been admitted, but well before the scope of the evidence necessary to respond to each contention had been established, I requested an assessment of.various re-medial programs under way at the Braidwood site. I asked George Marcus, then Special Assistant to the Company's Manager of Projects, to assess these programs for me. This was done so that I might understand the scope and status of !
these programs as well as any issues which Mr.-Marcus identified regarding their implementation. The results of Mr. Marcus' analysis was communicated only to me and to Michael J. Wallace, Eraidwood Pro]ect Manager and Thomas Maiman, Commonwealth Edison's Manager of Projects, the individual with overall respensibility for the construction of the Braidwood Station as well as other major construction projects.
Mr. Marcus' assessments were used by me to determine the direction of our firm's efforts in preparing for the evi-dentiary hearing. Mr. Wallace's and Mr. Maiman's participation in this process was necessary so that if additional resources were required with respect to any specific program at my request, they could direct that these resources be made available.
.In no instance have factual matters which are set forth in
= --
yy -a - , - - --e m 4-..,- d-.-y+,.eese,
s a,,
Mr. Marcus' assessment, been withheld from the discovery process.
/
/
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. pf..;>j J lli AW Michael I. Miller Isham, Lincoln & Beale 3 First National Plaza Sist floor Chicago, Illinois 60602 (312) 558-7500 Dated: March 20, 1986 Subscribed and sworn to before me this 20th da; cf March, 1936.
.V Notary Public r,j ::-- *;;: D,; .;: .:'. ; y I". I337
4 k
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.g>
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456
) 50-457 (Braidwood Station Units 1 and 2) .)
CERTIFICATE OF SERVICE I, Susan.E. Babb, one of'the attorneys for Commonwealth Edison Company, certify that copies of the Letter of Susan E. Babb to Herbert Grossman Esq. and
.Mr. William L. Clements, dated March 24, 1986 and the attached copy of Exhibit 3 of Applicant's Response to Intervenors' Motion to Compel Discovery was served on those persons listed on the attached Service List by United States mail postage prepaid this 24th day of March, 1986 except as otherwise noted on the Service List.
.Ofe of the Attorneys for:
uCommonwealth Edison Company, Inc.
ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago,. Illinois 60602 (312) 558-7500
SERVICE LIST
(
Dr. Richard F. Cole Ms. .Bridget Little Rorem Administrative: Law Judge 117 North Linden Street
. Atomic' Safe'.y and Licensing P.O. Box 208 Board Essex, IL 60935
. United ~ States Nuclear Regulatory Commission:
Timothy W. Wright, III Dr. A. Dixon Callihan BPI Administrative Law' Judge 109 North Dearborn Street 102 Oak Lane Suite 1300 Oak Ridge, TN 37830 Chicago', IL 60602
~**Stuart'Treby, Esq. Charles Jones, Director Elaine I. Chan, Esq. Illinois Emergency Services
. Office of the. Executive Legal and Disaster Agency Director 110 East Adams
~ United Etates Nuclear Regulatory Springfield, IL 62705 Commission Washington, DC 20555 William Little, Director Braidwood Project Atomic Safety and Licensing Region III Board Panel United States Nuclear Regulatory United States Nuclear Regulatory Commission Commission 799 Roosevelt Road
' Washington, DC- 20555 Glen Ellyn, IL 60137 Atomic Safety.a'd n Licensing Janice A. Stevens
' Appeal Board Panel (For Addressee Only)
United States Nuclear Regulatory United States Nuclear. Regulatory Commission Commission Washington, DC 20555 7920 Norfolk Avenue Phillips Building Mr. William L. Clements Bethesda, MD 20014 Chief, Docketing and Services United States Nuclear-Regulatory George L. Edgar, Esq.
Commission Thomas A. Schmutz, Esq.
Office of the Secretary Newman & Holtzinger, P.C.
Wachington, DC 20555 1615 L Street, N.W.
Suite 1000 Washington, D.C. 20036
- By. Messenger Delivery on March 24, 1986
- By Federal Express on March 24, 1986