ML19208C658

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Motion for Addl 30-day Extension to Reply to Intervenor Motion Requesting Dismissal of Proceeding.Recently Acquired Info Needs to Be Evaluated.Certificate of Svc Encl
ML19208C658
Person / Time
Site: Perkins  
Issue date: 08/15/1979
From: Barth C
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7909270195
Download: ML19208C658 (4)


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08/15/79

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAP.D In the Matter of

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DUKE POWER C0hPANY

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Docket Nos. STN 50-488

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STN 50-489 (Perkins Nuclear Station,

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STN 50-490 Units 1, 2 and 3)

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STAFF MOTION FOR FURTHER EXTENSION OF TIME TO RESPOND TO INTERVENOR'S MOTION TO DISMISS PROCEEDINGS The NRC Staff asks for an additional 30 days to respond to Intervenor's Motion to Dismiss this proceeding because of the Applicant's announced deferral of the subject facilities. The Staff has previously had a 30 day extension of time to reply to that motion.

The Staff requires this extension so that it may evaluate recently acquired information and arrive at a position on the motion to dismiss. The Staff did not originally have sufficient information from the Applicant to respond to the motion. This information was requested on July 6,1979, but was not supplied until August 7,1979. This was just two days before the Staff's licensing project manager who requested the information left for vacation and to appear at the Allens Creek proceeding.

This additional extension of time in order to permit the Staff to evaluate the recently acquired information and arrive at a position should not prejudice any party in view of the announced delays in the Perkins project.

Further counsel for Applicant and Intervenor both formerly informed counsel at 1049 064 7 9 0927 019 cs

, the time of seeking the original 30 day extension that they had no objection to a 60 day extension of time to reply to the motion to dismiss.

For these reasons the Staff requests an additional 30 days to reply to the Intervenor's Motion to Dismiss.

Respectfully submitted, d

Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 15th day of August,1979 1049 065

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'BEFORE THE ATOMIC SAFETY AND '_ICENSING BOARD In the Matter of

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Docket Nos. STN 50-488 DUKE POWER COMPANY

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STN 50-489

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STN 50-490 (Perkins Nuclear Station

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Units 1, 2 and 3)

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P CERTIFICATE OF~ SERVICE I hereby certify that copies of " STAFF MOTION FOR FURTHER EXTENSION OF TIME TO RESPOND TO INTERVENOR'S MOTION TO DISMISS PROCEEDINGS" in the above-captioned proceeding have been served on the following by depos1t in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of August,1979:

  • Elizabeth S. Bowers, Esq., Chairman Wi.lliam A. Raney, Jr., Esq.

Atomic Safety and Licensing Board Special Deputy Attorney General U.S. Nuclear Regulatory Commission P.O. Box 629 Washington, D.C.

20555 Raleigh, North Carolina 27602 Dr. Donald P. deSylva William L. Porter, Esq.

Associate Professor of Marine Associate General Counsel Science Duke Power Company Rosenstiel School of Marine 422 South Church Street and Atmospheric Science Charlotte, North Carolina 28242 University of Miami Miami, Florida 33149 William G. Pfefferkorn, Esq.

P.O. Box 43 Dr. Walter H. Jordan

. Winston-Salem, North Carolina 27102 881 W. Outer Drive Oak Ridge, Tennessee 37830 Mrs. Mary Davis Route 4 J. Michael McGarry, III, Esq.

Box 261 Debevoise and Liberman Mocksville, North Carolina 27028 1200 Seventeenth Street, N.W.

Washington, D.C.

20036 1049 066 I

  • Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555

  • Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555

  • Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Whm8l Charles A. Barto

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Counsel for NRC Staff 1049 067 1

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