ML19261B260
| ML19261B260 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/26/1979 |
| From: | Mcgarry J DUKE POWER CO. |
| To: | |
| References | |
| NUDOCS 7902150148 | |
| Download: ML19261B260 (5) | |
Text
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NRC PUBLIC i. r i
UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMMISSION g3 4
d4N2 9 IO7 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g.
l b
In the Matter of
)
)
A to DUKE FOWER COMPANY
)
Docket No. 70-2623
)
(Amendment of Materials
)
License SNM-1773 fo' Oconee
)
Nuclear Station Spent Fuel
)
Transportation and Storage
)
at McGuire Nuclear Station)
)
APPLICANT'S OPPOSITION TO NATURAL RESOURCES DEFENSE COUNCIL' S MOTION FOR EXTENSION OF TIME TO FILE OBJECTION TO SUPPLEMENTAL ORDER RULING ON PETITIONS FOR LEAVE TO INTERVENE On January 16, 1979, Natural Resources Defense Council (NRDC) filed a Motion for Extension of Time to File Objection to Supplemental Order Ruling on Petitions for Leave to Inter-vene.
The Licensing Board granted such motion on January 18, 1979.
Applicant opposes such motion and respectfully requests the Board to recondiser its grant of the extension of time for the reasons set forth below.
On January 9, 1979, the Atomic Safety and Licensing Board designated to rule on petitions for leave to intervene (Peti-tions Board) ~1/issued its Supplemental Order denying intervenor status to NRDC.
This order was issued pursuant to the Board's authority to rule on petitions to intervene pursuant to 10 CFR S2.714.
Indeed, an examination of the order establishing the Petitions Board reflects such authority.
See 43 Fed. Reg. 39197 1/
See 43 Fed. Reg. 39197 (1978).
7 9 0 215 0 p/f -
. (1978).
Neither the Petition Board's Order nor the Notice es-tablishing the Board makes reference to 10 CFR S2.751a.
Inas-much as the basis for NRDC's request for an extension is premised upon its right to file an objection pursuant to 10 CFR S2.751a, it must fail-2/ as attempting to bring into play a regulation which is beyond the Petitions Board's jurisdiction.
It is in-teresting to note that Petitioner went to great length at the October 24, 1978 prehearing conference as to the jurisdiction of the Petitions Board.
Therein, at Tr. 76, Petitioner main-tained that this Board was not created pursuant to S2.751a, but rather derived its jurisdiction from S2.714.
Accordingly, Petitioner should not be heard to rely upon 52.751a.
This Board, in its January 9, 1979 Supplemental Order, advised NRDC of the proper course of action, to wit, reEort to S2.714a and the appeal that it provides.
NRDC has failed to perfect an appeal, despite the fact that it has sought an ex-tension of time before the Appeal Board.
In light of these facts, Applicant would note its concern.
NRDC prides itself on following strictly the procedures set forth in the Com-mission's regulations.
Failure to do so in this instance acts to delay the ultimate disposition of its participation in this case.
Such a course of action can only be viewed as dilatory and should not be condoned.
-2/
See Appendix B to Applicant's Comment on Objection Contained in Stipulation... Relating to the Admissions of Contentions Regarding Safe Energy Alliance, October 27, 1978, which is incorporated herein by reference.
. Accordingly, Applicant respectfully requests that the Peti-tions Board retract its grant of an extension of time within which NRDC can file its objections, or in the alternative, when such objections are filed, to deny them forthwith as being contrary to the Commission's regulations.
Respectfully submit ed,
/
Ac.cb * /
/,
/J. Michael McGarry, III Of counsel:
William 1. Porter, Esq.
Associate General Counsel Duke Power Company January 26, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
DUKE POWER COMPANY
)
)
(Amendment of Materials
)
License SNM-1773 for Oconee
)
Docket No. 70-2623 Nuclear Station Spent Fuel
)
Transportation and Storage
)
at McGuire Nuclear Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Opposition To Natural Resources Defense Council's Motion For Extension Of Time To File Objection To Supplemental Order Ruling On Petitions For Leave To Intervene," dated January 26, 1979 in the captioned matter, have been served upon the following by deposit in the United States mail this 26th day of January, 1979.
Robert M.
Lazo, Esq.
Mr. Jesse L.
Riley Chairman, Atomic Safety and President Licensing Board Carolina Environmental D.
S. Nuclear Regulatory Study Group Commission 854 Henley Place Washington, D.
C.
20555 Charlotte, North Carolina 28207 Dr. Emmeth A.
Luebke Edward G.
Ketchen, Esq.
Atomic Safety and Licensing Counsel for NRC Regulatory Board 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 Dr. Cadet H. Hand, Jr.
Director William L.
Porter, Esq.
Bodega Marine Laboratory Associate General Counsel of California Duke Power Ccmpany Post Office Box 247 Post Office Box 2178 Bodega Bay, California 94923 Charlotte, North Carolina 28242 Shelley Blum, Esq.
Chuck Gaddy 418 Law Building Chairperson 730 East Trade Street Davidson PIRG Charlotte, North Carolina P.
O.
Box 2501 28202 Davidson College Davidson, N.C.
28036 Anthony Z.
Roisman, Esq.
Natural Resources Defense Chairman, Atcmic Safety and Council Licensing Board Panel B17 15th Street, N.W.
U.
S.
Nuclear Regulatory Washington, D.
C.
20005 Commission Washington, D.
C.
20555 Brenda Best Carolina Action Chairman, Atomic Safety and 1740 E.
Independence Blvd.
Licensing Appeal Board Charlotte, North Carolina U.
S. Nuclear Regulatory 28205 Commission Washington, D.
C.
20555 Jeremy Bloch Safe Energy Alliance Mr. Chase R.
Stephens 1707 Lombardy Circle Docketing & Service Section Charlotte, North Carolina Office of the Secretary 28203 U.
S.
Nuclear Regulatory Commission Richard P. Wilson Washington, D.
C.
20555 Assistant Attorney General State of South Carolina 2600 Bull Street Columbia, South Carolina 29201
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