ML20116C473

Application for Subpoena Duces Tecum Directing L Creek & Bl Rorem to Appear on 850513 & 14,respectively,in Chicago,Il for Depositions.Certificate of Svc Encl.Related Correspondence

ML20116C473
Person / Time
Site:	Braidwood
Issue date:	04/25/1985
From:	Gallo J COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8504290012
Download: ML20116C473 (5)

Text

g }l3 April 25, 1985 pTEDCO UNITED STATES OF AMERICA 00CKETED NUCIIAR REGULMORY CCM4ISSION WC BEEDRE THE A'IO4IC SAFEIY AND LICENSING MoS APR 26 A1051 CFFICE OF SECFETARf In the Matter Of: ) 00Crl!g[E#

)

CCttiOtMEALTH EDISON CCMPANY )

Docket Nos. 50-4560L

(Braidwood Nuclear Power ) 50-4570L Station, Units 1 and 2) )

CCNMONWEALTH EDISICN CCMPANY'S APPLICATION EUR SUBPOENAS Pursuant to 10 C.F.R. S 2.720, Comnonwealth Edison Ccepany (Applicant) hereby requests that' the Licensing Board issue subpoenas duces tecun directing Ms. Iorraine Creek and Ms. Bridget Little Rorem to appear and give their depositions before a certified court reporter at the offices of Isham, Lincoln & Beale, Three First National Plaza, Chicago, Illinois 60602 and to bring with them the documents described in the attached subpoenas. Ms. Creek's deposition shall begin at 9:00 A.M., May 13, 1985, and shall continue thereafter until cmpleted. Ms. Rorem's deposition shall begin at 9:00 A.M. , May 14, 1985, and shall continue thereafter until empleted.

As grounds for its application for subpoenas, Applicant states the following:

1. The purpose of the depositions is to inquire of each deponent as to her knowledge and testimony regarding the subject matter of their 8504290012 850425 O PDR ADOCK 05000456 C PDR Q

<9

l respective contentions which have been admitted to this proceeding. Ms.

Lorraine Creek has been identified as the lead spokesperson for the intervenor Bob Neiner Farms, Inc. As such, she is inforned and knowledge-able with respect to the Neiner Farm Contentions and the nature and extent of their concerns. Specifically the contentions include: Neiner Farms Contention 1 regarding 765 Kv transmission lines; Neiner Farms Contention 3 regarding emergency planning; Neiner Farms Contention 4 regarding risks of explosion of passing munitions trains; and Neiner Farms Contention 7 regarding environmental impact of an accident on recreational facilities.

Ms. Bridget Little Forem is an intervenor appearing on behalf of herself and as the representative for intervenor Appleseed Alliance. As such, Ms.

Roren is informed and has knowledge of Rorem Contention 1 regarding emer-gency planning. Thus, the proposed depositions of Ms. Creek and Ms. Forem are relevant to the admitted contentions.

2. Applicant is willing to ace _ Mate any reasonable request to change the time, date and place of the depositions within the May 20 deadline. Applicant will tender to the deponents mileage ard appearance fees, as appropriate, upon final confirmation cf the time and place for the depositions.

3. The issuance of these subpoenas has been discussed with Mr.

Bock and he indicates a willingness to cooperate. Our repeated efforts to contact Ms. Rorem have met with failure. Counsel for Applicant is mindful t

of the Licensing Board's desire to issue subpoenas only if a deponent refuses to cooperate. Nevertheless, in the circumstances of this 2 -

i b

O case, the application should be granted. Both intervenors have been unable to provide timely responses to interrogatories and it is believed that the lack of timeliness on their part will carry over to the deposi-tien phase of the discovery process. The problem is exacerbated by the fact that both Mr. Bock and Ms. Rorem are extremely difficult to contact by telephone. Only 25 days rernain to ccr:plete discovery. Counsel believes that if this application is denied and if it should beccme necessary in the next 25 days to reapply for one or more subpoenas, it is likely that Applicant either will be forced to seek an extension of the deadline, and action it does not wish to take, or forego its discovery rights. For these reasons, the issuance of the subpoenas will reduce significantly the likelihood of occurrence of either of these two events.

WHEREFORE, Ccrtmonwealth Edison Cortpany respectfully requests tlut this Licensing Board issue subcoenas duces tecum to Ms. Creek and Ms.

Roren as provided herein.

Respectfully sutmitted, l/G C-Jopeph Gallo '

One of the Attorneys for Camonwealth Edison Capany Dated: April 25, 1985 Isham, Lincoln & Beale 1120 Connecticut Avenue Washington, D.C. 20036 (202) 833-9730

~a an ATED DOLMETEC USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 15 AR126 N0:51 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFICE OF SECRtTAP*

In the Matter of ) 00CKETING & SERVif:1

) BRANCH COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwpod Nuclear Power Station )

Units i and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the COMMONWEALTH EDISON COMPANY'S APPLICATION FOR SUBPOENAS were served on the persons listed below by deposit in the United States mail, first-class postage prepaid, this 25th day of April, 1985.

Lawrence.Brenner, Esq. Chairman C. Allen Bock, Esq.

Administrative Law Judge P.O. Box 342 Atomic Safety and Licensing Board Urbana, IL 61801 U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. A. Dixon Callihan Atomic Safety and j; Administrative Law Judge Licensing Board Panel 102 Oak Lane U.S. Nuclear Regulatory

Oak Ridge, TN 37830 Commission Washington, D.C. 20555 Dr. Richard F.. Cole. Atomic Safety and Administrative Law Judge Licensing Appeal Board Atomic Safety and Licensing Board Panel

j. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington,.D.C. 20555 Commission Washington, D.C. 20555 Ms. Bridget Little Rorem

. 117 North Linden Street l P.O. Box 208 Essex, IL. 60935

Myron Karman, Esquire Docketing and Service Section Elaine I. Chan, Esquire Office of the Secretary Office of. General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Douglass W. Cassel, Jr., Esquire Lorraine Creek Timothy W. Wright, III, Esquire Route 1 BPI Box 182 109 North

Dearborn Street Manteno,

Illinois 60950 Suite 1300 Chicago, Illinois 60602 Charles Jones, Director Illinois Emergency Services and Disaster Agency 110 East Adams Springfield, IL 62705 (YA -

}

Victor G. Copeland V One of the Attorneys for Commonwealth Edison Company

_ _ _ - _ . --