ML19246C076
| ML19246C076 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 06/26/1979 |
| From: | Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19246C077 | List: |
| References | |
| NUDOCS 7907200247 | |
| Download: ML19246C076 (2) | |
Text
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- iC "CU2,1F "
t June 26, 1979 g
c n y UNITED STATES OF AMERICA
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4 NUCLEAR REGULATORY COMMISSION y
Q1 Q'h
/h A/
ev BEFORE THE ATOMIC SAFETY AND LICENSING BOARD c
In the Matter of 1
)
nocket Nos. STN 50-488 DUKE POWER COMPANY
)
STN 50-489
)
STN 50-490 (Perkins Nuclear Station
)
Units 1, 2 and 3)
)
NRC STAFF MODIFICATION OF ITS OPPOSITION TO INTERVENOR'S MOTION TO REOPEN THE ret ORD Arc DEFER INDEFINITELY ISSUANCE OF THE INITIAL _ DECISION The NRC Staff seeks leave. to modify its opposition to the Intervenor's motion to reopen the record and defer initial decision, to ask the Board to defer issuance of the initial decision herein until the Staff has had an opportunity to review TMI technical information and see whether any change in the Staff's position is required or whether any additional information should be supplied to this Board. We will report further to the Board on this review.
On April 19, 1979, the NRC Staff opposed the Intervenor's motion of March F 1979, to reopen the recced and defer licensino activities herein because of the accident at the Three Mile Island Nuclear Power Plant. We essentially took the position that the intervanor's motion was prerature, and that there was adequate time to see if any changes were necessary as a result of the Three Mile Island accident. We further weighed harm that could be caused to the 79072002'h 364 35!
w
--w
parties, and found no hann to the intervenor by not deferring issuance of a construction pemit as there would be another opportunity for hearing on TMI-related issues at the operating licensing stage of proceedings.
Almost three months has passed since the Three Mile Island accident and the Staff is still examining that accident to see its relevance to plants such as the one involved in this proceeding.
It now appears that no initial cecision should be issued until the Staff has had opportunity to review the technical information coming from the TMI accident and see whether any change in the Staff position is required ~;r whether any additional infontiation should be supplied to this Board.
For the reasons stated above the NRC Staff seeks leave to amend its fonner opposition to the subject motion. Although it does not appear that the record should be reopened, it does appear that the initial decision herein should be deferred until the Staff detennines, after reviewing the TMI technical information, whether a change in Staff positioc. is required or whether further infonnation should be supplied for the record.
Respectfully s bmitte" C G -
4 Edwin J.
els Counsel or NRC Staff Dated at Bethesda, Maryland this 26th day of June,1979 364 35S'