ML19210B769
| ML19210B769 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 10/09/1979 |
| From: | Mcgarry J DUKE POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911120292 | |
| Download: ML19210B769 (5) | |
Text
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C ?UnLIC DOCUygg gggy UNITED STATES CF AMERICA I.
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NUCLEAR REGULATCEY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARb I j,.-
^ <d In the Matter of
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DUKE POWER COMPANY
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Docket Nos. STN 50-488
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STN 50-489 (Perkins Nuclear Station
)
STN 50-490 Units 1, 2 and 3)
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APPLICANT'S RESPONSE TOsSTAFF'S PLEADING OF SEPTEMBER 24, 1979 s
Pursuant to the Board's Order of October 2, 1979, Ap-plicant herein responds to the Staff's pleading of September 24, 1979.
The Staff has suggested that a prehearing con-ference be held to discuss the matters of financial qualifi-cations, need.for power, alternatives, generic issues and compliance with requirements arising from the Three Mile Island accident.
Applicant is of the view that no prehearing conference need be held at this time.
Indeed, one may never be neces-sary.
As Applicant views the matter, the Three Mile Island issues appear to be contrclling.
The Staff has stated that various investigations rnd studies are presently underway.
with regard to this accident; Applicant submits that it would be prudent to await their completion and not to embark upon an-independent course in the Perkins dockeu.
However, rather than leaving the matter open-ended, the Board should direct the Staff to inform the Board and parties promptly when the various investigations and studies are completed.
In the event the investigations and studies are completed, but the
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. Staff has failed to formulate a position, Applicant would reserve the right to move the Board to instruct the Staff to so act, rather than to delay the Perkins proceeding even further.
At that time., the Board should receive the positions of the parties as to the appropriate course to follow.
With respect to the remaining issues, the Applicant's views have been praviously set forth in its pleading of July 25, 1979.
Applicant continues to feel that the developments which have transpired since the last hearing are not signifi-csnt and do not warrant a further reopening of the record.
The Staff's September 24, 1979 pleading calls for a reexam-ination of these matters.
Applicant assumes therefore chat the Staff is in the process of gathering information to enable it to determine whether or not, in its view, the record is adequate with regard to these latter matters and t.o so inform the Board and parties.
Further, Applicant submits that, if necessary, the results of the Staff's reexamination can be incorporated into the record by affidavit and that no further evidentiary hearings are necessary or appropriate.
Applicant respectfully suggests that the course of action for the Board to take at this point is to deny the Intervenors' motion to dismiss, to issue a partial initial decision on the alternative site and generic safety matters (which were the subject of evidentiary hearings) and to direct the Staff to advise the Board and parties promptly as to whether the record
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. is adequate as to the issues addressed in its September 24, 1979 pleading, and if not, the course of action the Staff proposes to remedy the deficiencies it perceives.
Respectfully submitted,
' ',~lbfcs t, ' G J. Michael McGarry, III Of counsel:
William L. Porter, Esq.
Associate General Counsel Duke Power Company October 9, 1979 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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DUKE POWER COMPANY
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Docket Nos. STN 50-488
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STN 50-489 (Perkins Nuclear Station
)
STN 50-490 Units 1, 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to Staff's Pleading of September 24, 1979", dated October 9, 1979 in the above captioned matter have been served upon the following by deposit in the United States mail this 9th day of October.
Elizabeth S. Bowers Charles A.
Barth, Esq.
Chairman, Atomic Safety Counsel for NRC Regulatorf and Licensing Board Staff U.
S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D. C.
20055 U.
S. Nuclear Regulatory Commission Dr. Donald P. deSylva Washington, D.
C.
20555 Associate Professor of Marine Science William A.
Raney, Jr., Esq.
Rosenstiel School of Marine Special Deputy Attorney and Atmospheric Science General University of Miami State of North Carolina Miami, Florida 33149 Department of Justice Post Office Box 629 Dr. Walter H. Jordan Raleigh, North Carolina 881 West Outer Drive 27602 Oak Ridge, Tennessee 37830 William G.
Pfefferkorn, Esq.
William L. Porter, Esq.
2124 Wachovia Building Associate General Counsel Winston-Salem, North Carolina Duke Power Company 27101 Post Office Box 33189 Charlotte, North Carolina 28242 l)
. Mary Apperson Davis Mr. Chase R. Stephens Route 4 Docketing and Service Section Box 261 Office of the Secretary Mockeville, North Carolina U.
S. Nuclear Regulatory 27028 Commission Washington, D.
C.
20555 Chairman, Atomic Safety and Licensing Board Panel Quentin Lawson, Esq.
U.
S. Nuclear Regulatory Federal Energy Regulatory Commission Commission Room 8611 Washington, D. C.
20555 825 N. Capital Street Washington, D. C.
20426 Chairman, Atomic Safety and Licensing Appeal Board U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 s'
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/J. MJ.chael McGarry, II3/
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