ML19254E061

Motion Requesting Opportunity to Respond to NRC 790924 Pleading Directed to Intervenors Motion to Dismiss or to Stay Proceedings.States Commitment to File Response on or Before 791009.Certificate of Svc Encl

ML19254E061
Person / Time
Site:	Perkins
Issue date:	09/27/1979
From:	Mcgarry J DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7910310027
Download: ML19254E061 (3)

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.C PU2LIC DOCI"JENT 200?I Q$$

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UNITED STATES OF AMERICA Sbi gg \\CJ NUCLEAR REGULATORY COMMISSION Y

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BEFORE THE ATCMIC SAFETY AND LICENSING BOARD

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ro In the Matter of

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Docket Nos. STN 50-488 DUKE PCWER COMPANY

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STN 50-489

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STN 50-490 (Perkins Nuclear Station

)

Units 1, 2 and 3)

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APPLICANT'S MOTION REQUESTING AN OPPORTUNI'"Y TO RESPOND TO NRC STAFF PLEADING OF SEPTEMBER 24, 1979 On September 24 the NRC Staff filed its response to In-tervenors' Motion to Dismiss or in the Alternative to Stay the Proceedings.

Therein, the Staff stated that:

"The Staff in urging the proceeding not be dismissed recogni=es value in preserving the record already made.

However, because of changes announced by Applicant that record must be supplemented before a decision may be made.

The question of the pro-cedural framework, scope and timing of this,re-examination can be discussed at a prehearing con-

'ference which the Staff suggests be scheduled for this purpose."

In light of the impact the Staff's position may have on the future course of events in this proceeding, Applicant respect-fully requests an opportunity to respond to the Staff's pleading.

Applicant would file its position on or before October 9, 1979.

Respectfully submitted 4

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jJ. Michael McGarry, III -

Of counsel:

William L.

Porter, Esq.

Associate General Counsel Duke Power Company 3

001 September 27, 1979 791031001

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

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Docket Nos. STN 50-488

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STN 50-489 DUKE POWER COMPANY

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STN 50-490

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(Perkins Nuclear Station

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Units 1, 2 and 3)

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CERTIFICATE OF SERVICE

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I hereby certify that copies of " Applicant's Motion Re-questing an Opportunity to Respond to NRC Staff Pleading of September 24, 1979", dated September 27, 1979 in the above captioned matter have been served upon the following by deposit in the United States mail this 27th day of September.

Elizabeth S. Bowers Charles A. Barth, Esq.

Chairman, Atomic Safety Counsel.for NRC Regulatory and Licensing Board Staff U. S. Nuclear Regulatory Office of the Executive

,C'mmission Legal Directot o

Washington, D. _ C.

20055 U. S. Nuclear Rekulatory 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 i235 002 n.

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 Commisrion Washington, D.

C.

20555 Chairman, Atomic Safety and Licensing Board Panel U. S.

Nuclear Regulatory Commission Washington, D.

C.

20555 Chairman, Atomic Safety and Licensing Appeal Board U.

S. Nuclear Regulatory Commission Washington, D.

C.

20555 f

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. Michael McGarry, III) 0 a

1235 003

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