ML20138L738

Responds to Applicant 851017 Motion to Exclude Portions of Encl G Wenger Testimony on Rorem Contention 1(a).Related Correspondence

ML20138L738
Person / Time
Site:	Braidwood
Issue date:	10/25/1985
From:	Chan E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20138L742	List: ML20138L738 ML20138L752
References
CON-#485-973 OL, NUDOCS 8510310394
Download: ML20138L738 (2)

Text

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UNITED STATES'0F AMERICA h 2 NUCLEAR REGULATORY COMMISSION M mn,

%r 93 gcp . , #j BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

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In the Ma'tter of )

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) ~ t COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456 /) )

) 50-457 U R (Braidwood Station, Units 1 and 2 )

NRC STAFF RESPONSE TO APPLICANT'S MOTION .

TO EXCLUDE PORTIONS OF TESTIMONY OF NRC STAFF WITNESS ON ROREM CONTENTION 1(a)

Introduction On October 17, 1985, Applicant filed a motion to exclude portions of the prepared testimony of Gordon Wenger, a FEMA official, who is presenting testimony on behalf of the NRC Staff on Rorem Contention 1(a).

For the reasons set forth below, and after consultation with counsel for FEMA, the Staff does not oppose Applicant's October 17, 1985 motion.

For the convenience of the. Board and other parties, the Staff is attaching a revised copy of Mr. Wenger's prepared testimony from which the objected portions have been removed. 1/

Discussion In Applicant's motion of August 15, 1985 to particularize Rorem Con-1 tention 1(a) and supplemental letter of October 2, 1985, Applicant moved that the Board limit the contention to the education of the public prior

-1/ On pages 3, 8 and 9 of Mr. Wenger's prepared testimony, the term

" requirements" was used incorrectly. This revision substitutes

" guidance" or " concerns" for " requirements."

8510310394 851025 PDR ADOCK 05000456 T PDR DSO

to an accident. Intervenor Rorem objected to Applicant's proposed restriction of the contention in a letter dated October 8, 1985. On October 10, 1985, while this matter was pending before the Board, the NRC Staff' filed the proposed testimony of Gordon Wenger on Rorem Conten-tion 1(a) -- Emergency Planning. As a matter of caution, the testimony included some references to pre-accident arrangements with the news media. In Edison Company's Motion to Exclude Portions of Testimony of NRC Staff Witness on Rorem Contention 1(a) (Motion) dated October 17, 1985, Applicant moved to strike those portions of Mr. Wenger's testimony dealing with the news media. In its October 18, 1985 Memorandum and Order, the Board granted Applicant's August 15, 1985 motion to particu-larize Rorem Contention 1(a) and restricted the contention to the education of the public before an accident subject to reconsideration if Intervenor filed an offer of proof among other things. In light of the Board's October 18, 1985 Memorandum and Order, those portions of Mr. Wenger's prepared testirrony objected to no longer appear necessary for the Staff's evidence on Rorem Contention 1(a). Accordingly, the Staff does not object to Applicant's motion.

Conclusion For the reasons discussed above, the Staff does not oppose Applicant's October 17, 1985 motion.

Respectfully submitted, Elaine I. Chan Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of October, 1985

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