ML19209C381
| ML19209C381 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 09/07/1979 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7910150216 | |
| Download: ML19209C381 (4) | |
Text
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[.? f['y UNITED STATES OF AMERICA
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NL' CLEAR REGULATORY COMMISSION ee
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD o
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In the Matter of
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f DUKE POWER COMPANY Docket No. 70-2623 (Amendment to Materials License SNM-1773 for Oconee Nuclear Station Spent Fuel Transportation and Storage at McGuire Nuclear Station)
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MOTION TO DEFER CONSIDERATION OF MATTERS REQUIRING SPECIFIC ROUTE IDENTIFICATION On September 6,1979 by Memorandum and Order, the Atomic Safety and Licensing,,
Appeal Board ifenied ' Staff's Motion for Directed Certification ~ and Request for.
an Interim Protactive Order Pending a Ruling on the Staff's Motion.
The motion for directed certification was with respect to the August 7,1979 Licensing Board ruling which denied the request of the Nuclean.'wlatory Commission Staff that specific information regarding the Staff apprned routes for the
' proposed shipment of spent fuel between the Oconee and McGuire nuclear facilities be withheld from public disclosure.
On September 7, 1979 the NRC Staff filed a petition with the Commission seeking their review of the Appeal Board's Order and riquesting the entry of an interim protective order.
PendingresolutionofthisissuebytheCommission,theStaffmoveshhh e i Board to defer consideration of those matters directly involving specific route identification at the hearings scheduled to begin Septemby 10, 1979.
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D relief is appropriate in that harm to the public interest will accrue from g
0 revealing detailed information about the specific routes approved by the s
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NRC Staff for trangortation of Oconee spent fuel to the McGuire facility for
.N-ern e_.
The issues here involve a Comission regulation,10 CFR 52.790(d)(1) which specifically precludes disclosure of safeguards information to the public.
If
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the information is revealed prior to Commission consideration harm to the public interest will result.
Thus, consideration of whether the information is subject to confidentiality protection must be reviewed prior to the release of the information or not at all.
Kansas Gas & Electric Co., Kans_as City Power &
Light Co., (Wolf Creek Nuclear Generating Station, Unit 1), ALAB-327, 3 NRC 408, 413(1976); Kansas Gas and Electric Co., et al., (Wolf Creek Nuclear Generating Station, Unit No.-1), ALAB-311,.3 NRC 85,- (1976);- Kansas Gas & Electric Co., et al. -
(Wolf Creek Nuc%sr Generating Station,'Uilit No.1), ALAB-391, 5 NRC 754 (197.7).-,
For the reasons stated, we ask that specific matters requiriy identification of the specific routes be deferred pending Commission consideration.
Respectfully submitted, f
as) OpM Edward G. V Counsel fc Staff Dated at Bethesda, Maryland this 7th day of September, 1979 r-1146 252.
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UNITED STATES OF AMERICA '
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of DUKE POWER COMPANY
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Docket No. 70-2623 (Amendment to Materials License SNM-1773 for Oconee Nuclear Station
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Spent Fuel Transportation and Storage )
at McGuire Nuclear Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION TO DEFER CbNSkDERATION OF MATTERS REQUIP.ING SPECIFIC ROUTE IDENTIFICATION", dated September 7~,1979, in the abova-captioned proceeding, have been served. on the following', by deposit-rr 7 --
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 7th day of September,1979:
- Marshall E. Miller, Chairman Anthony Z. Roisman, Esq.
Atomic Safety and Licensing Board c/o Sheldon, Harmon, Roisman & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.
Washington, D. C.
20555 Suite 506 Washington, D. C.
20005
- Dr. Cadet H. Hand, Jr., Director Bodega Marine Laboratory J. Michael McGarry, III, Esq.
University of California Debevoise & Lieberman P.O. Box 247 1200 Seventeenth Street, N.W.
Eodega Bay, California 9497^
Washington, D. C.
20036
- Dr. Emmeth A. Luebke Mr. Jesse L. Riley, President Atomic Safety and Licensing Board Carolina Environmental Study Group U.S. Nuclear Regulatory Comission 854 Henley Place Washington, D. C.
20555 Charlotte, North Carolina 28207 W. L. Porter, Esq.
Richard P. Wilson, Esq.
Associate General Counsel Assistant Attorney General Legal Department State of South Carolina Duke Power Company 2600 Bull Street 422 South Church Street Columbia, South Carolina 29201 Charlotte, North Carolina 28242
.c 1146 253
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- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Washington, D. C.
20555
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, D. C.
20555
- Docketing and Service Section U.S. Nuclear Regulatory Comission Washington, D. C.
20555
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Edward G. Ketchen Counsel for NRC Staff O
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1146 254
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