ML19249D937
| ML19249D937 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 08/30/1979 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909250573 | |
| Download: ML19249D937 (4) | |
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UNITED STATES OF AMERICA DJ Y'
NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'fM 4v In the Matter of
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DUKE POWER COMPANY
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Docket No. 70-2623 (Amendment to Materials License
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SNM-1773 for Oconee Nuclear Station
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Spent Fuel Transportation and Storage at McGuire Nuclear Station)
NRC STAFF MOTION TO CONDITION / DENIAL OF DEFENSE COUNCIL REQUEST FP SUBPOENA TO ISSUE TO DR. WORTH BATEMAN, DEPUTY UNDERSECRETARY, DEPARTMENT OF ENERGY On August 22, 1979, Natural Resources Defense Council requested the Atomic Safety and Licensing Board to issue a subpoena for Dr. Worth Bateman, Deputy e
Undersecretary, Department of Energy. Questions that NRDC seeks answers to from the Department of Energy through Dr. Bateman were included in the motion.
Based on conversations with Department of Energy Counscl, Staff Counsel is infornied tnat Dr. Bateman will appear voluntarily as a witness in this proceed-ing if his appearance is requested by this Board.
In addition, Dr. Bateman will prepare a written submittal in response to the questions set forth in the NRDC's motionE and, of course, will be available for questioning at the hearing by the Board and parties. The Depar ment of Energy has indicated that it will confirm these matters by a submittal to the Licensing Br 3rd.U
-1/ A copy of the NRDC motion and attached draft subpoena have been transmitted to the. Department of Energy.
j { J }43 2] The position of the Department of Energy set forth herein is not intended to be construed as a concession bi the Staff that the subpoena sought by NRDC was appropriate, absent Dr. Bateman's voluntary agreement to appear in this proceeding.
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, Accordingly, pursuant to the provisiens of 10 CFR 2.720(f), the NRC Staff moves the Board to deny the subpoena as requested by NRDC on the condition that Dr. Bateman appear voluntarily as a Board witness.
Respectfully submitted, O
e Edward G. Ketchen Counsel for NRC Staff Dated at Bethesda, Maryland this 30th day of August,1979.
1027 244
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f
In the Matter of
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DUKE POWER COMPANY Docket No. 70-2623
)
(Amendment to Materials License
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SNM-1773 for Oconee Nuclear Station
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Spent Fuel Transportation and Storage )
at McGuire Nuclear Station)
)
/
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION TO CONDITION / DENIAL OF DEFENSE COUNCIL REQUEST FOR SUBP0ENA TO ISSUE TO DR. WORTH BATEMAN, DEPUTY UNDERSECRETARY, DEPARTMENT OF ENERGY", dated August 30, 1979, in the above-captioned proceeding, have been served on the following by deposit 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 30th day of August,1979:
- Marshall E. Miller, Chairman Anthony Z. Roisman, Esq.
Atomic Safety and Licensing Board
- Natural Resources Defense Council U.S. Nuclear Regulatory Commission 917 - 15th Street, N.W.
Washington, D. C.
20555 Washington, D. C.
20555 Dr. Cadet H. Hand, Jr., Director J. Michael McGarry, III, Esq.
Bodega Marine Laboratory Debevoise & Lieberman University of California 1200 Seventeenth Street, N.W.
P.O. Box 247 Washington, D. C.
20036 Bodega Bay, California 94923
- Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 W. L. Porter, Esq.
Associate General Counsel Legal Department Duke Power Company 422 South Church Street Charlotte, North Carolina 28242 1027 245
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- Atomic SafeJy 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 Commission Washington, D. C.
20555 Mr. Jesse L. Riley, President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207 Richard P. Wilson, Esq.
Assistant Attorney General State of South Carolina 2600 Bull Street Columbia, South Carolina 29201
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Edward G. Ketchen Counsel for. NRC Staff O
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1027 246
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