ML19250B613
| ML19250B613 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 10/24/1979 |
| From: | Mcgarry J DUKE POWER CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7911010193 | |
| Download: ML19250B613 (5) | |
Text
. '.
/
41114s UNITED STATES OF AMERICA toermo NUCLEAR REGULATORY COMMISSION OC.T2519Z9 >
it BEFORE THE COMMISSION
(
Ogf; Q susen s
V N
In the Matter of
)
fG
)
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)
)
APPLICANT' S MOTION FOR EXPEDITED CONSIDERATION On September 7, 1979, the NRC Staff filed a Petition for Review and a Request for Interim Protective Order in the above captioned matter.
On September 10, 1979, the Commission heard oral arguments from the parties concerning the Staff's Petition.
The Commission stated that it would resolve.the matter expeditiously.
To date, such resolution has not been forthcoming.
Accordingly, for the reasons set forth below, Applicant requests that the Commission resolve the matter in an expeditious fashion.
Applicant is cognizant of the myriad problems confront-ing the Commission at this particular time; however, the issue that is presented to the Commission in this proceeding is a narrow and straightforward one.
It is Applicant's position that the Commission is confronted with a policy question; either the routes are to be kept confidential for sabotage reasons, or they are to be made public.
Resolution of this
\\[j ) b 7 911010 / b C
. policy question should not require further imput from the parties either in the form of additional briefs or oral argu-ment.
The application to transship the spent _uel was filed in March of 1978.
This matter has been the subject of three hearing phases.
Upon Commission action, a fourth phase will in all likelihood be necessitated.
This lengthy procedure has created scheduling and economic nroblems hor Duke.
Specifically, due to the length of this procee. ing and due to the realities of limited storage cacability at Oconee, Duke was forced to proceed with a high density rack option which its cost benefit analysis indicated was not as advan-tageous as transportation.
Continued delay in the hearing process has placed Duke at another decision-making point.
To date, Duke has postponed such decision-making pending Commission action.
If the Commission does no'_ act promptly, Duke can no longer defer the matter and will be faced with selecting further storage options which, in a cost-benefit sense, will be more costly than transportation.
Applicant also observes that, based upon an examination of cases which members of the designated Licensing Board sit, it is readily apparent that the longer the matter before the Commission remains unresolved, the more acute further schedul-ing of evidentiary hearings becomes.
1273 282
- For the above reasons, Applicant respectfully requests expeditious resolutjan of the Staff Petition so as to permit prompt continuation of the evidentiary hearing.
Respectfully submitted, o
,i.
n rjp(w'
~,,, ', f2A^.8 J'. Michael McGarr'y, III J
Of counsel:
Nilliam L.
Porter, Esq.
Associate General Counsel Duke Power Company October 24, 1979 1273 283
n.
g
.O 9
UNITED STATES OF AMERICA S. -?
NUCLEARREGULATORYCOMMISSIONk 5*
9 ' 31
= cc59 /w
+
BEFORE THE COMMISSION
...i % #
n r -
t< I Q,
In the Matter of
)
N
)
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)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Motion for Expedited Consideration", dated October 24, 1979 in the above captioned metter have been served upon the following by deposit in the United States mail this 24th day of October.
Mr. Joseph M.
Hendrie Mr. Alan S.
Rosenthal Chairman Chairman U.
S.
Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.
C.
20555 U. S. Nuclear Regulatory Commission Mr. Victor Gilinsky Washington, D.
C.
20555 U.
S.
Nuclear Regulatory Commission Dr. John H. Buck Washington, D.
C.
20555 Atomic Safety and Licensing Appeal Board Mr. Richard T.
Kennedy U.
S.
Nuclear Regulatory U.
S.
Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Michael C.
Farrar, Esq.
Peter A. Bradford A?,omic Safety and Licensing U.
S.
Nuclear Regulatory Appeal Board Commission U.
S.
Nuclear Regulatory Washington, D.
C.
20555 Commission Washington, D.
C.
20555 John F. Ahearne U.
S.
Nuclear Regulatory Marshall E. Miller Commission Chairman Washington, D.
C.
20555 Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 1273 284
. Dr. Cadet fl. Hand, Jr.
Richard P. Wilson Director Assistant Attorney General Bodega Marine Laboratory State of South Carolina University of California 2600 Bull Street P. O. Box 247 Columbia, South Carolina Bodega Bay, California 94923 29201 Dr. Emmeth A.
Luebke David S. Fleischaker, Esq.
Atomic Safety and Licensing Natural Resources Defense Board Council U.
S. Nuclear Regulatory Commission 1735 Eye Street, N.W.
Washington, D.
C.
20555 Suite 703 Washington, D.
C.
20006 W.
L.
Porter, Ecq.
Associate Genert.1 Cor..sel Chairman, Atomic Safety and Legal Department Licensing Appeal Board Duke Power Company U.
S.
Puclear Regulatory 422 South Church Street Commission Charlotte, North Carolina 28242 Washington, D.
C.
20555 Mr. Jesse L.
Riley Chairman, Atomic Safety and President Licensing Board Panel Carolina Environmental Study U.
S.
Nuclear Regulatory Group Commission 854 Henley Place Washington, D.
C.
20555 Charlotte, North Carolina 28207 Mr. Chase R.
Stephens Edward G.
Ketchen, Esq.
Docketing and Service Section Counsel for NRC Regulatory Office of the Secretary Staff U.
S.
Nuclear Regulatory Office of the Executive Legal Commission Director Washington, D.
C.
20555 U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555
!/.
Q
- /
w,s o. +w Michael McGarry, (;III J.
)
1273 285