ML19254F870

Reply in Opposition to Applicant 791009 Response.Nrc re-examination of 790924 Pleading Issues Requires Full Hearing.Decision on Alternate Site & Generic Safety Matters Is Premature.Certificate of Svc Encl

ML19254F870
Person / Time
Site:	Perkins
Issue date:	10/16/1979
From:	Pfefferkorn W PFEFFERKORN & COOLEY, P.A.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911190326
Download: ML19254F870 (30)

Text

E DOCLBIEN'y3ggg gi UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

4:

[%

77 4

% p </d: t; BEFORE THE ATOMIC SAFETY AND LICENSING B@MD ,,* L O

G 4.s # C In the Matter of )

\\ C<e%t <

6) 4 )  % 41 $

DUKE POWER COMPANY ) Docket Nos. STN 50-

) STN 50-489 (Perkins Nuclear Station ) STN 50-490 Units 1, 2 and 3) )

INTERVENORS' REPLY TO APPLICANT'S RESPONSE The Intervenors reply to Applicant's Response which is dated October 9, 1979, but not mailed until October 10, 1979, and not received by the Intervenor until Monday, October 15, 1979, a copy of which is attached hereto, by pointing out in reply to Applicant's Response that the result of the Staff's reexamination of the various issues mentioned in the pleading of September 24, 1979, should not be limited to the filing of affidavits and the Intervenors would require and request full hearings on these matters. Intervenors further reply that a decision on alternate site and generic safety

~

matters could and weald be affected by such reexamination, and therefore, those questions are not ripe for decision at this time. Further, Intervenors assert again, based upon the record in its present state, these proceedings should be dismissed, or in the alternative, put into indefinite abeyance for all of the reasons previously set out in Intervenors' Motion as well as the staff pleading and this reply.

This the 16th day of October, 1979.

js' William G. PfefferkOfE Attorney for Inter gn 7 911190 3E615

CERTIFICATE OF SERVICE I hereby certify that copies of Intervenor's Reply to Applicant's Response.

follow-in the above-captioned matter have been served-on 16th the day of ing by deposit in the United States mail this October , 19 79.

Charles A. Barth, Esq.

Elizabeth S. Bowers, Esq. Counsel for NRC Regulatory Staf f Chairman, Atomic Safety Office of the Executive Legal and Licensing Board U. S. Nuclear Regulatory Director U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Donald P. deSylva William A. Raney, Jr., Esq.

Associate Professor of Special Deputy Attorney General Marine Science State of North Carolina Rosenstiel School of Marine Department of Justice and Atmospheric Science University of Miami Post Office Box 629 Miami, Florida 33149 Raleigh, North Carolina 27602 William L. Porter, Esq.

Dr. Walter H. Jordan Associate General Counsel 881 West Outer Drive Duke Power Company Oak Ridge, Tennessee 37830 Post Office Box 2178 Chairman, Atomic Safety Charlotte, North Carolina 28242 and Licensing Board Panel U. S. Nuclear Regulatory Mr. Chase R. Stephens Docketing and Service Section Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Chairman, Atomic Safety Commission and Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Ccamission Mr. J. Michael McGarry, III Washington, D.C. 20555 Debevoise and Liberman 700 Shoreham Building 806 Fif teenth Street Washington, D.C. 20005

's

& j '* s William G. Pfefferkorn ,/'/

Attorney for Intervenors [/

PFEFFERKORN & COOLEY, P.A.

Post Office Box 43 202 West Third Street Winston-Salem, N.C. 27101 Telephone: (919) 725-0251 1343 003

. O 1 C

A c:

.. -_- x_ _- - ___v y -

~

~

,' ,f frdfA3'----M *

'I U.S. PU51 A bt *

./ DEBEVOISE & LIBEFtMAN **

i,- 4

• e i

i 12 00 S EV E NTE E NTN STRECT,N W OEI I k 4 -

r- e r-WASHINGTON, D C. 20036 * * -

S

'b) L- jijyfi$ -  ; --

6 William . Pfefferkorn, Esq.

2124 Wa hovia Building Winsto -Salem, North Carolina 't 27101 I

9 J

N h/