ML19209A218

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Request for Subpoena to Be Issued to W Bateman,Deputy Undersecretary,Doe.Proceeding Revealed That Plans & Attitudes of DOE Re Interim Storage of Spent Fuel Are Relevant to Litigated Issues.Certificate of Svc Encl
ML19209A218
Person / Time
Site: 07002623
Issue date: 08/22/1979
From: Roisman A
National Resources Defense Council
To:
References
NUDOCS 7910030165
Download: ML19209A218 (4)


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UNITED STATES OF AMERICA

  • *1 wws NUCLEAR REGULATORY COMMISSION b e#M s

C 4 jgq In The Matter Of

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DUKE POWER COMPANY

)Dkt. No. 70-2623

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(Amendment to Operating License SNM-1773

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for Oconee Spent Fuel Transportation and

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Storage at McGuire Nuclear Station)

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NATURAL RESOURCES DEFENSE COUNCIL REQUEST FOR SUBPOENA TO ISSUE TO DR. WORTH BATEMAN, DEPUTY UNDERSECRETARY, DEPARTMENT OF ENERGY During the course of this proceeding, it has been increasingly evident that the plans and attitudes of the doe with respect to interim storage of spent fuel are relevant to the issues in this proceeding.

Much testi=cny has been received 4

on this general subject and much controversy has ensued over the reliability of the testimony of witnesses regarding conver-sations with doe.cfficials.

Dr. Bateman has been identified as the principal doe official involved in the development of the OcE position en the need for and cost of interim spent fuel

.s:Orage facilities.

We believe his attendance as a witness a:

the hearings will be extemely valuable.

If Dr. Bateman appears as a witness in tnese proceedings, we would expect to examine him en the follcwing issues:

a)

What is the presen DcE pclicy on the need for an AFR, including tining and size?

b)

What criteria wculd be applied in deciding who would be eligible to use the AFR?

1085 2,62 7910030!

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2 c)

Ecw do the present efforts of utilities to deal with interim spent fuel storage affect the doe perception of the need for such a facility?

d)

How much would a government AFR cost and how much would a utility be charged to use it?

e)

What is doe's judgment on the relative advantages of interim storage of spent fuel at the reactor site and interim storage of spent fuel away from the reactor site?

We believe all of these issues are directly related to contentions and lines of questioning already permitr d in this proceeding.

We therefore urge that the requested subpoena be issued.

Respectfully submitted, s

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s' ixm Anthony Z. MpIsnian Natural F.esources Defense Ccuncil 917 15th Street, N.W.

Washington, D.C.

20005 (202)737-5000 Dated:

August 22, 1979 1085 263

2 You are required to bring with you all documents and papers which you may need to reference in responding to questions addressed to the identified issues.

This subpoena is issued pursuant to the Rules of Practice of the Nuclear Regulatory Co==ission which specify in 10 CFF. S 2.720(f):

(f) On motion made prc=ptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpcena is directed, and en notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavail-able, the Co==ission may (1) quash or

=cdify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) ccndition denial of the motion on just and reascnable ter=s.

Fees and mileage will be paid by the party which has sought this subpoena, Natural Resources Defense Council, to the extent required by federal law.

Issued this day cf 1979 by Marshall E. Miller, Esq., Chairman,

Atc=ic Saf ety and Licensing Board, U. S.

Nuclear Regulatory Cc= mission, Washington,

D.C.

20555.

Marshall E. Miller 1085 264~

DUKE SERVICE LIST Marshall E. Miller Atomic Safety and Licensing Board U.S. Nuclear Regulatory Co==ission Washington, D.C.

20555 Dr. Cadet H.

Hand, Jr. Director Bodega Marine Laboratory P.O. Box 247 Bodega Bay, California 94923 Dr. E==eth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Co=nission Washington, D.C.

20555 James Michael McGarry, III, Esq.

Joseph B.

Knotts, Jr., Esq.

Debevcise and Liberman 1200 17th Street, N.W.

Washingten, D.C.

20036 Richard K. Ecefling, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Cc==ission Washington, D.C.

20555 William Larry Porter Associate General Counsel Duke Pcwer Company 422 South Church Street Charlotte, North Carolina 28242 Richard 7 "ilson Assistant Attorney General 2600 Bull Street Columbia, South Carnlina 29201 Jesse L.

Riley Carclina Environmental Study Group 354 Henley Place Charlotte, North Carolina 28207 Chuck Gaddy North Carolina Public Interest Research Group Davidsen College Davidsen, North Carolina 23036 Secretary od the Cc==ission U.S.

Nuclear Regulatory Cc==issicn Washington, D.C.

20555 ATTN:

Cocketing and Service Secticn 1085 265

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