ML19260C007

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Clarifies 791019 Ltr Stating Views on Condenser Cooling Types.Can Establish Official Position Only in Context of Permit Application & Review Process.State Employee Advice as No Legal Status Under Nc Law
ML19260C007
Person / Time
Site: Perkins  Duke Energy icon.png
Issue date: 11/28/1979
From: Grigg N
NORTH CAROLINA, STATE OF
To: Barth C
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML19260C004 List:
References
NUDOCS 7912180217
Download: ML19260C007 (1)


Text

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I 1 a \ orb Caro.ina Jecar~ men' o' No"ura

( "Y9 Ocgarys B. Hur;t, Jr., Governor 7 Reso Howard N. Lee. Secretary - -

Y 1 12 y -

DIVISION OF ENVIRONMENTAL MANAGEME;T ,

USV" 'Ofl0 November 28, 1979 '

Mr. Charles Barth Legal Counsel Nuclear Regulatory Co==ission Washington, D.C.

Re: Perkins Nuclear Station

Dear Mr. Barth:

I On October 11, 1978 you sent a letter to W. A. Raney, Jr., Assistant Attorney General, in which you requested the view of the State on the type of condenser cooling acceptable for a nuclear facility the size of the proposed Perkins plant. At the request of W. A. Raney, L. P. Benton responded by letter dated October 19, 1978. -

The North Carolina Environmental Mana:;ccent Cc==1ssion has requested that I clarify the October 19 letter and elaborate on its contents.

1. There is no established procedure by which the State of North Carolina can establish an official position on the question which is posed other than in the context of the per.it application and review process.

State c=ployees are encouraged to render advice and opinions outside of the official percit application process in order to assist potential applicants; however, such advice and opinions have no official or legal status under North Carolina law.

2. Any permit application for discharge of heated effluent would be acted upon in accordance with the te=perature standards set forth in the North Carolina Adcinistrative Code. Pertinent sections of the Code are set out in the October 19,1978 letter.
3. G.S. 143-215.3(c) provides a ecchanism for the Environtental Management Coc=rission to grant variances from their rules and regulations.

This letter should not be interpreted as being in support of er rejection of the letter of October 19, 1978. It is intended to explain the status of that letter under North Carolina law.

Sincerely, AA.-

Dr.NeiIS.Grigg cc: David Springer 1609 336 Pap. Stephen Neal 7912180