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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] Category:ORDERS
MONTHYEARML20204G3081988-10-19019 October 1988 Order Imposing Civil Monetary Penalty in Amount of $50,000, Per 880506 Notice of Violation from Insp on 880301-17 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 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 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 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 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 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 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 ML20205L7871987-03-30030 March 1987 Order (Requesting Welding Procedure Documents).* Applicant Requested to Submit All Joint Welding Procedure Specs,All Welding Procedure Qualification Test Records & Other Listed Documents to ASLB & Parties by 870410.Served on 870331 ML20209H4171987-02-0303 February 1987 Order Granting Page Limit Increase & Extensions of Time.* Page Limit for Opening Briefs Extended to 106 Pages.Time Limits for Briefs & Proposed Findings Extended by 8 Days. Served on 870203 ML20211N6491986-12-17017 December 1986 Order Admitting Applicant Exhibit 188 Into Evidence,Marking Exhibit & Including Exhibit in Evidentiary Record,Closing Evidentiary Record & Ordering Parties to Follow Briefing Schedule Adopted by Board on 861126.Served on 861217 ML20211J6611986-11-0707 November 1986 Order Protecting Certain Investigatory Matls from Public Disclosure,Per 861107 in Camera Order.Served on 861107 ML20211J5911986-11-0707 November 1986 Order Concluding Against Disclosure of Certain Ofc of Investigations Investigatory Matls Sought for Adjudication. Full Account of Commission Reasons Distributed Under Protective Order to Parties.Served on 861107 ML20215M0121986-11-0707 November 1986 Partially Withheld Order Concluding That Further Breach of Confidentiality Would Harm Alleger & Future Investigations. Intervenor Access to Ofc of Investigations Files Denied.W/ Certificate of Svc.Served on 861110 (Limited Svc) CLI-86-21, Order CLI-86-21,denying Applicant Petition for Review of Aslab Decision ALAB-817,dismissing Motion for Directed Certification.No Further Filing on Subj Will Be Entertained. Served on 8611061986-11-0606 November 1986 Order CLI-86-21,denying Applicant Petition for Review of Aslab Decision ALAB-817,dismissing Motion for Directed Certification.No Further Filing on Subj Will Be Entertained. Served on 861106 ML20210E0471986-09-18018 September 1986 Memorandum & Order LBP-86-31,authorizing Fuel Loading & Precriticality Testing,Per Util 860818 Request & NRC Response & Findings Required by 10CFR50.57(a).Served on 860919 ML20214Q3371986-09-18018 September 1986 Memorandum & Order LBP-86-31,authorizing Director of NRR to Issue License to Applicant to Load Fuel & Conduct Certain Precriticality Testing at Unit 1.Served on 860919 ML20214M4531986-09-0909 September 1986 Memorandum & Order Directing Util to File Statement of View Re Role of Cygna Corp W/Respect to Review Effort.Concern Caused by Util Suggesting Replacement of Cygna as Reviewer,Expressed.Served on 860910 ML20204F7811986-07-31031 July 1986 Order Directing ASLB to Certify Relevant Record for Resolution,To Refrain from Issuing Subpoena Contemplated in Board 860722 Notice of Intent & to Provide Explanation Supporting Subpoena.Served on 860731 ML20207H8591986-07-23023 July 1986 Memorandum & Order Denying Rorem 860623 Motion to Admit late-filed Contention on Overstress of Structural Columns at Facility.Served on 860723 ML20155G6701986-05-0202 May 1986 Memorandum & Order Admitting Harassment & Intimidation Issue on five-factor Balance Based on Good Cause.Qa Hearing Will Begin on Schedule on 860506 in Kankakee,Il Re Contention Subpart 2.C.Served on 860506 ML20141J3021986-04-24024 April 1986 Memorandum & Order CLI-86-08 Directing ASLB to Evaluate Admissibility of Subpart 2C of five-factor Test Per 10CFR2.714.Commissioner Roberts Addl Views & Asselstine Disapproval of Order Encl.Served on 860424 ML20141H1611986-04-21021 April 1986 Order Granting Applicant 851220 Motion for Summary Disposition of Issues 5.A,5.C,6.G,6.I,9.D,10.F,12.E,13.B & 14.B.4 of Intervenor Amended QA Contentions & Denying Portions of Motion on Other Issues.Served on 860423 ML20140G0641986-03-28028 March 1986 Memorandum & Order Granting & Denying,In Part,Bl Rorem Et Al 860311 Motion to Compel Applicant to Fully Respond to Interrogatories 10 & 13 Re Const Assessment Program & Torrey Pines Technology,Respectively.Served on 860331 ML20140B7081986-03-20020 March 1986 Order Determining ASLB Actions in Proceeding Warrant Intervention,But on Issue Which Applicant Did Not Raise Before Aslab &/Or NRC on Review of ALAB-817.Palladino & Asselstine Dissenting Views Encl.Served on 860321 ML20137N9131986-02-0303 February 1986 Errata Correcting Page 9 to ASLB 860131 Memorandum & Order, Accepting Intervenor Offer of Proof Issues 2,3,4 & 6, Restricted to Matl Facts Contained in Intervenor 860121 Reply for Litigation.Served on 860203 ML20137P0991986-01-31031 January 1986 Memorandum & Order Accepting for Litigation in 860311 Hearing Offer of Proof Issues 2,3,4 & 6 as Restricted to Matl Facts Contained in 860121 Reply.Applicant & Staff May File Motions to Strike.Served on 860203 ML20136H3471986-01-0707 January 1986 Order Extending Time Until 860131 for Intervenors to Respond to Applicant Motion for Summary Disposition on QA Issues.Served on 860107 ML20136H3441986-01-0606 January 1986 Order Extending Time Until 860131 for NRC Staff to Respond to Applicant Motions for Summary Disposition.Served on 860107 ML20138G4531985-12-12012 December 1985 Order Extending Time Until Further Notice for Commission to Act to Review ALAB-817.Served on 851213 ML20137U4411985-12-0606 December 1985 Protective Order Granting Confidential Treatment to Info Disclosed by Intervenors to Applicant & Nrc.Conditions for Treatment Provided.Served on 851206 ML20137U1501985-12-0505 December 1985 Order Requesting Answers to Listed Questions in Order to Determine Productivity of Review of ALAB-817 within 2 Wks of Order Date.Addl Views of Commissioners Roberts & Asselstine Encl.Served on 851205 ML20137L4471985-11-27027 November 1985 Order Extending Time Until 851213 for Commission to Act to Review 850906 ALAB-817.Served on 851129 ML20138R9811985-11-15015 November 1985 Order Extending Time Until 851127 for Commission to Act to Review ALAB-817.Served on 851115 ML20198C2281985-11-0808 November 1985 Order Extending Time Until 851115 for Commission to Review ALAB-817.Served on 851108 ML20198C4121985-11-0707 November 1985 Memorandum of Rationale for Summary Disposition of Neiner Farms Contention 1 Re Adverse Operational Effects from 765 Kv Transmission Line.Served on 851108 ML20138L1101985-10-28028 October 1985 Order Extending Time Until 851108 for Commission to Act to Review ALAB-817.Served on 851029 ML20133Q3021985-10-25025 October 1985 Memorandum & Order Removing Identified Phrase in NRC Proposed Testimony of G Wenger Due to Disallowance of Testimony Re Advance Arrangements for Dissemination of Info Through News Media During Emergency.Served on 851026 ML20138E3321985-10-23023 October 1985 Order Granting Parties 851018 Joint Motion to Revise Hearing Schedule Due to Delays in Completion of Certain Corrective Action Programs.Served on 851024 ML20133K9071985-10-18018 October 1985 Memorandum & Order Granting Applicant 850816 Motion to Particularize Rorem Contention 1(a) Re Adequacy of Emergency Plan,Subj to Reconsideration.Served on 851021 ML20133H7401985-10-15015 October 1985 Errata to ASLB 851004 Memorandum & Order Granting Protective Order.Served on 851016 ML20133F0101985-10-0404 October 1985 Memorandum & Order Granting Confidential Treatment of Names & Otherwise Identifying Info Re Prospective Witnesses on Bl Rorem QA Contention.Served on 851007 ML20133F2881985-10-0303 October 1985 Order Directing Bl Rorem to Respond by 851011 to Applicant 850815 Motion to Particularize Rorem Contention 1(a).Served on 851004 ML20133B0981985-10-0101 October 1985 Order Setting Further Scheduling for Oct 1985 to Feb 1986. Served on 851002 ML20133B1821985-10-0101 October 1985 Order Confirming Rulings Made During 850930 Telcon.Aslb Will Convene Hearing on Rorem Contention 1(a) on 851029.Based on Agreement of Parties,Aslb Authorizes Mailing of Emergency Planning Booklet in Present Form.Served on 851002 ML20133A5691985-09-27027 September 1985 Memorandum & Order Ruling on Intervenor 850904 Motion to Compel Discovery from Applicant & Nrc.Motion to Compel on Interrogatories 1-9,17,19,50-52,57 & Part of 58 Granted. Interrogatories 58 & 59 Denied.Served on 850930 ML20135A0781985-09-0606 September 1985 Memorandum & Order Denying Util Motion for Directed Certification of ASLB Ruling,Allowing Intervenor,After Obtaining NRC Discovery,To Amend Contention Previously Found Overly Broad.Served on 850909 ML20134C7891985-08-14014 August 1985 Memorandum & Order Re Appealability of ASLB 850812 Decision by Neiner Farms.Upon Issuance of Future Memo on Summary Disposition of Neiner Contention 1,appealing Parties Should Regard Allens Creek as Precedent.Served on 850815 ML20133P3551985-08-12012 August 1985 Order Approving Settlement of Neiner Farms Contention 4 Re Alleged Hazard of Explosion of Railroad Train Transporting Munitions from Joliet Army Ammunition Plant.Served on 850813 1988-10-19
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g' PPOTECTED ORDER
,c .
UtilTED STATES OF AMERICA
's flVCLEAR REGULATORY C0f1 MISSION-
'86 NOV -7 P3 32 CFF.
00CM A!
Comissioners: -.
Y ' *-
Lando:W. Zech, Chairman Thomas M. Roberts James K. Asselstine Frederick M. Bernthal Kenneth M. Carr e-wr0 NOV 101986 LIMITED SERVICE In the fiatter of
)
COMMONWEALTH EDISCN COMPANY ) Docket Nos. 50-456-OL
) 50-457-OL (Braidwood Station, Units tio.1 and 2) )
)
ORDER By Order , the Commission took review of a dispute between the Office of Investigations (01) and the Licensing Board in the Braidwood operating licensing hearings. The Board had declared its intent to require disclosure under protective order of certain investigative materials and to subpoena an alleger to whom OI had granted confidentiality.
8706260247 870622 PDR FOIA -.
q WHICHE87-A-19 PDR.;
Applying the procedures outlined in the j i
Comission's 1984 Statement of Policy on Investigation, Inspections, end ]
l Adjudicatory Proceedings, 49 Fed. Reg. 36032 (September 13, 1984) the l 8' f W## $*I*I*A I
In SCC 0 anc L*x2d,4f9M"y\ . DM-89-j l
- o. '
l 4 ,
Comission's Order directed the Board to certify the relevant record to the Comission for a decision.
Applying both case law and the Comission's two policy statements on disclosure of sources and materials, we conclude against disclosure of the 01 materials and against issuance of a subpoena to the alleger. The investigative materials are not essential for a fair resolution of the ,
issues in the hearing; the investigation,
., would be hamed by the Board's proposed disclosures; last, to protect confidential sources, - f In order to protect the alleger's confidentiality and the ongoing investigation, this Order imposes certain restrictions on the parties' future pleadings. This Order is being distributed to the parties under a protective order.
I. BACKGROUND i
i i
2
li: . :* ;, ' ,
I.
~Aiready admitted to the Braidwood licensing bearing was a contention alleging.that-certain named Comstock'QC supervisors harassed-and intimidated. 'l I
Comstock'QC inspectors.
3
)
' Subsequent actions- of the' parties and 01- concerning the dispute beve taken place according to the procedures set out in the Commission's 1904 Statement of Policy on Investigation,; Inspections, and Adjudicatory Proceedings, 49 Fed. Reg. 36032 (September _ 13,1984)("PolicyStatementon s
.]
Investigations").
s II. LEGAL PRINCIPLES Under. the Comission's Policy. Statement on Investigations, " full disclosure of material information to adjudicatory Boards and the parties is the general rule . . ." 49 Fed. Reg. 36032, col . 2. "Such disclosure is required to allow full resolution of all issues in the proceeding." Id., at col. 3. However, the importance of protecting a confidential source or avoiding the compromising of an ongoing investigation or inspection can. "in i I
appropriate circumstances be as great as the importance of disclosing the inforination to the Boards and parties." Id., at 36033, col. 1. Loss of
. confidentiality could harm the agency's overall investigation and inspection efforts by making other persons reluctant to bring information to the NRC; and compromise of an investigation by release of documents before the conclusion of the investigation could lead others to take steps to keep the agency from ascertaining all the facts relevant to an informed licensing 4
- 1 o :
decision.... Id. Even disclosure under protective order could breach promises of confidentiality, or enable the subject of an investigation to shield himself. Id., at col. 2.
With respect to confidentiality in particular, although the Commissio'n does not lightly grant'it, neither does the Commission lightly take it back,
- once granted. "
... [C]onfidentiality should be granted only when necessary to acquire ~ information related to the Commission's responsibilities, or when warranted by special circumstances." NRC Statement of Policy on Confidentiality, 50 Fed. Reg. ~48506, 48507, col. 3 (November 25,1985)
(" Policy.Statementon-Confidentiality"). However,'once gr6nted, confidentiality is to be given every due protection, even after a'~given confidential ' source is no longer involved'in an investigation or the investigation is closed. Policy-Statement on Investigations, 49' Fed. Reg.
at'36033, col. 1. Only on rare occasions is the identity of a' confidential source to be divulged. Policy Statement on Confidentiality, 50 Fed. Reg. at-48508, col. 2. -" Where the disclosure of an informer's identity, or of the
~
contents.of. his communications, is relevant and helpful to the defense'of the~ accused, or-is essential to a fair determination of a cause, the privilege must give way." ' Id., quoting Roviaro v. United States, 353 U.S.
53,160-61 (1957). "[T]he public interest in protecting the flow of i
information" must be balanced "against a party's right to develop his/her claim or. defense." 50 Fed. Reg. 48508.. col. 3. Factors to be considered in making this balance include:
(1) whether the information which would be provided by the ;
confidential source could be gotten some other way, (2) whether.the information " relates directly" to the substantive ;
contentions in the adjudicatory proceeding, I (3) what.the confidential source's present position is, 1
5 i
l (4)whetherprotectionofconfidentialitywouldentail.thedenial of a right to present rebuttal evidence or to conduct cross-examination, and
'(5) whether disclosure is necessary to make the adjudicatory record ]
complete. .
- < Id., at 48508-09.1 III. BALANCING THE NEEDS OF ADJUDICATION AND INVESTIGATION
'The chief argument in support of the Board's intention to require 1
disclosure and issue the requested subpoena is that the information in the 1 01 files connected with the alleger's claims, and the information which reasonably could be expected to be elicited from him in deposition or in the hearing, are relevant to the Intervenors' contention on quality control. . As noted above,'the Intervenors' contention in the hearing is that the QC manager and managerial Staff have harassed and
' intimidated QC inspectors.
L IMest of these factors would appear to be useful also in deciding.
.whether to release 01 documents.
2 The Intervenors make a different argument. According to them, the long preamble to the list of specifics in the contention leaves and, room for perhaps more important, innes a general allegation of inadequate organization, an allegation which may be backed up by evidence which does not involve On the basis of this language, the Intervenors argue that (Footnote Continueo; 6
4 d
However, af ter an application of the criteria listed in the Commission's Policy Statement on Confidentiality, it does not appear that ,
the' alleger's testimony, or the related information in 01's possession,-is.
in the words of Roviaro,'" essential to a fair. determination" of the'0C harassment contention. .
First, although' at least some of the information the alleger would provide could not be gotten except from him, he very likely will have little 1 or no information directly relating to the specific instances of harassment alleged in the contention, 01's investigatory files may contain more
' direct inicrmation about those instances, but the witnesses already coming before the Board provide the best evidence of what happened in those instances, t
(Footnote Continued) falls within the scope of the contention.
However, the intervenors' argument overs'tates the degree of openness which this. late-filed, hearing-expanding contention has. This contention has from the beginning been explicitly characterized by both the Eoard and l j
the parties as a contention about See Applicant's and Intervenors' July 19, 1985 acint i stfpulation on this contention, at 1; and the Board's August 1,1985 l Prehearing Conference Order, at 2. Consistent with this characterization, the contention has been for some time limited -- in the interests of '
manageability -- to certain specific alleged instances of herassment and intimidation, See the Board's May 2,1986 Memorandum and Order applying the l five-part test in 10 C.F.R. I 2.714 for late-filed contentions, at 2-3; and i
, ~
the Applicant's and Intervenors' July 19, 1985 joint stipulation, at 1.
Moreover, the Board, which is as of now the principal (though not final) authority on the scope of the contention, treats the
'~
nnt as but rather as going to the intent of the QC managers involved in the. in5Lonces specified in the l contention.
~ \
i w -
p .
Second, and'also on the directness of the relation between the
-information sought and the substance of the contentions, even if.it were shown by a preponderance of the evidence in the hearing record that the alleger's claims were true, the proof would go directly only to
, and only indirectly, if at I
all, to . It is not clear, for instance, that if the evidence for and against the proposition that were evenly balanced, the alleger's testimony, if judged true, wo.uld tip the balance.
Of course, if true, the alleger's claims would tend to show serious defects in However, !
matters not taken up in a hearing can still be addressed effectively in the informal NRC Staff review process. Contentions must be specific, and the QC harassment contention in the Braidwood hearing is limited, by stipulation of the parties, to specified instances of harassment. See note 2 supra.
In the Commission's judgment, no party stands to gain anything significant in the litigation of this particular QC contention from either the alleger or 01's files. However, the Commission and the alleger stand to lose much if the alleger's confidentiality is breached, or if 01's files become available before the investigation is closed.
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Moreover, if we breach his confidentiality, persons with information which might be useful to 01, but who want and need i confidentiality, might be less willing to come to 01, or any other part of the agency. The Comission's policy to encourage persons to come forward with safety significant information would be especially harmed'here because Damage would also be done to 01's work if its files are released to the parties. Ol's i investigation is ongoing and involves some persons are potentially targets of investigation who may not yet know that they are targets. Release of their names could enable them to shield either themselves or others.
Thus, the hearing would probably not adequately substitute for a damaged investigation.
Last. 01 may have granted, or may eventually grant, confidentiality to others in the course of this investigation. Thus, if 01's files are opened to the parties, we may repeatedly face having to balance the competing needs of confidentiality and adjudication. If we have breached the
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alleger's confidentiality by requiring his testinony, we might be hard-pressed'to maintain confidentiality in the other cases. With each new ,
breach, the chance that anyone will come to us in confidence will decrease.4 1
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l 40n the other hand, if we protect the alleger's >
confidentiality, but release from 01's pertinent files overything not necessary to protect the alleger, it will be hard not to protect the confidentialityiof other confidential sources in the case. The more deletions to the files to protect confidential sources, the less damage disclosure does to the investigation, but the less useful the files will be ]
J to the hearings. j 10 J
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CONCLUSION AND ORDER For the reasons given above, the. Commission concludes that the benefits
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.which the requested access to 01 files and further breach of confidentiality would entail for the Braidwood adjudication are clearly outweighed by the l harm these disclosures might entail for the alleger, for an important 3 ongoing investigation, and for future investigations. The Commissicn j i
therefore denies the.Intervenors' requests for access to the 01 files i
.related to the alleger's claims and for a subpoena to be issued to the ,
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alleger.10 l
1 The !
Comission is also taking action to assure that 01 finisbes its
-investigation in a prompt and thorough manner. The Commission will pay ;
close attention to the results of 01's Work.
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l 10 Both the Board and the Intervenors argue that under 10 C.F.R. I 2.720 and Rule 45 of the Federal Rules of Civil Procedure, which call for the i
issuance of subpoenas without regard to the admissibility of any evidence '
the subpoena might lead to, the requested subpoena must issue without regard 1 for. confidentiality. We believe, however, that since the Comission has the i power to grant a motion to quash a subpoena, and can in its discretion 3 refuse to enforce a subpoena - the Comission can in effect shorten the process by ordering that a Board not issue the subpoena in the first place.
While in the ordinary case we might perform only a perfunctory examination of the relevance of the witness' possible testimony before issuing or l enforcing a subpoena, close examination of the materiality and relevance of '
the possible testimony is demanded here to ensure appropriate balancing between the competing interests of a thorough examination of contested issues on the one hand and of protection of the integrity of the ;
investigatory process and pledges of confidentiality on the other.
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This Order is being released to the parties under a protective order which imposes restrictions on the' parties' use of this Order.
It is so CRD m% For'the CO 55 "
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S H EL t K N 4***M $ecretary o ,comission Dated at Washington, D. C.
this day of November, 1986 f
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a uN37ED $70TES CF AMERICA NUCLEAR REGULATORY COnMI5310N In the Matter of I I
COMMONWEALTH ED!80N COMPANY l Docket No.(s) 50-456/457-OL I
(Bralduced Nutteer Power Station. I LIMITED SERVICE Units I and 2) l l
CERTIFICATE OF BERVICE I hereby certif y that cooles of the f oregoing Cosatssion Order have been served upon the following persons in accordance with the requirements of 10 CFR section 2.712.
Administrative Judge Administrative Judge Gary J. Edles. Chatraan Thomas 8. Moore Atoalc Safety and Licensing Appeal Atoste Safety and Licensing Appeal Board Icard U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Coasission Washington DC 20555 Washington, DC 20555 Administrative Judge Reginald L. 60tchy Adelnittrative Judge Atomic Safety and Licensing Apoeal Richard F. Cole Board- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington. DC 20555 Administrative Judge Administrative Judge Herbert Grossaan. Chatraan A. D. Callihan Atomic Safety and Licensing Board ASLIP U.S. Nuclear Regulatory Coasission 102 Oak Lane 9ashington. DC 20555 Dak Ridge, TN 37830 l
Stuart A. Treby'. Esc. Administrative Judge Office of tha General Counsel B. Paul Cotter, Chairman U.S. Nuclear Regulatory Cossission Atomic Safety and Licensing Board Panel Washington. DC 20555 U.S. Nuclear Regulatory. Commission I Washington, DC 20555 l
l Ben E. Hayes, Director l
Office of In'vestigations Administrative Judge U.S. Nuclear Regulatory Comission Alan S. Rosenthal, Chairman Washington, DC 20555 Atomic Safety and Licensing Appeal Panel Washington, DC 20555 Victor Stello, Jr., Director Office of the Executive Director Carolyn Jourdan, Esq.
for Operations Office of the General Counsel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 1
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- 6 .l j - DocketfNo;[si'-L80/4Sd437-0E s
-. - consission Order 1
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's Richaid P..LeN ,1 Esq. . ,
- Office of'tbo: General Counsel
.. _ U.S. ' NuclearfRegulatory Consnission L, -
Washingtoni.'DC',10555.
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Dated at' Wastiing.on, D.C. this '
loth day of November 1986 Offi
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