ML19254D248
| ML19254D248 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 09/14/1979 |
| From: | Mcgarry J DOUGLASS & BARHAM |
| To: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 7910230220 | |
| Download: ML19254D248 (2) | |
Text
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a LA 4 CFFICCS Or DEBEVolSE & LIBERMAN ItCo SEVENTECNTH S T 4 E CT, N. W.
w ASHINeTON, D 0.2Co36 etc.-oNC<a 23.s7...oo September 14 1979
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cp.so Hand Delivered e
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Leonard Bickwit, Jr., Esq.
,. 5 General Counsel
'L
". Nuclear Regulatory Commission g
Washington, D.
C.
20555 s
N a~
Re:
Duke Power Company (Transportation of Spent Fuel from Oconee to McGuire)
Public Disclosure of Route Information, Docket No. 70-2623
Dear Mr. Bickwit:
In response to your letter of September 12, 1979, Applicant makes the following response.
The Applicant has not taken an active position concerning disclosure of rcute information.
Duke Power Company made application for approval of storage of Oconee fuel at McGuire on March 9, 1978 We are now approaching the fifth week of hearings on the applic~acion.
The hearings have been delayed twice because of discussions concerning disclosure of route information and it has been necessary to provide additional storage capacity because of the extended duration of the pro-ceeding.
Therefore, cur major concern is that the Commission
.under i timely decisica to enable the Applican: and parties to expeditiously complete the hearings in Docket No. 70-2523.
Applicant hesitates to comment on your first question concerning the ability of individuals to ascertain the identity of che routes, inasmuch s it calls into question the Com-mission regu.'.ation, 10 CFR Section 73.37.
The Commission has previously provided interested persons with an opportunity to comment upon this regulation and Applicant, in conjunction with other utilities, submitted its views.
Applicant would observe that the use of a number of undisclosed approved alternate routes which could be combined to present a larger number of possible c".tbinations of routes should hinder the inter-ceptien of the shipment by a party trained in terrorism or 1196 008 7 91023 0 2. z e
S.
Leonard Bickwit, Jr., Esq.
September la, 1979 Page 2 sabotage activities.
Certainly, the use of undisclosed alternates should hinder or prevent the inter;eption of the shipment by a party interested in only dela.ng the shipment or creating an undesirable confrontation.
I have reviewed the attached protective agreement and the application has no comment or objections and is willing to sign such agreement.
At the time of filing for approval to store Oconee spent fuel at McGuire, Duke was planning to begin shipment in March, 1979.
However, as previously dicated, the duration of the proceeding has required the in..allation of high density racks at a cost of $3.5 to $4.0 million dollars.
Duke now proposes to ship upon receipt of approval of its application.
Very truly yours,
/
t.--
Michael McGarry, III Counsel for Duke Power Company JMM:cw Of counsel:
William L.
Porter, Esq.
Associate General Counsel Duke Power Company cc:
Marshall I.
Miller, Esq.
Dr. Emmeth A. Luebke Dr. Cadet H. Hand, Jr.
Mr. Jesse L. Riley Edward G.
Ketchen, Esq.
William L. Porter, Esq.
Richard P. Wilson Anthony Z.
Roisman I
Chairman, Atomic Safety and Licensing Appeal Board Chairman, Atomic Sa:ety and Licensing Board Panel Mr. Chase R.
Stephens 1196 009
...