ML19261B585

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Motion for Extension of Time Until 790212 within Which to File Brief in Opposition to Appeal of Nc Pirg,Due to Participation in Another NRC Hearing.Certificate of Svc Encl
ML19261B585
Person / Time
Site: 07002623
Issue date: 01/26/1979
From: Mcgarry J
DUKE POWER CO.
To:
References
NUDOCS 7902280240
Download: ML19261B585 (4)


Text

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

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DUKE POWER COMPANY

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Docket No. 70-2623 sr (Amendment to Materials

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4 License SNM-1773 for Oconee

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Nuclear Station Spent Fuel

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Transportation and Storage

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at McGuire Nuclear Station)

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APPLICANT'S MOTION FOR AN EXTENSION OF TIME 9 ksY.

WITHIN WHICH* TO FILE A BRIEF IN OPPOSITION TO V?

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THE APPEAL OF NORTH CAROLINA PUBLIC INTEREST j

RESEARCH GROUP On January 9, 1978, the Atomic Safety and Licensing Board designated to rule on petitions (Petitions Board) issued its Supplemental Order Ruling On Petitions For Leave to Intervene.

Therein, the Petitions Board denied the petitions of Natural Resources Defense Council and the Davidson Chapter of North Carolina Public Interest Research Group.

With regard thereto, the Petitions Board advised that its order "may be appealed to the Atomic Safety and Licensing Appeal Board within ten (10) days after service of the order".

The Petitions Board went on to note that "any other party may file a brief in support of or in opposition to the appeal within ten (10) days after service of the appeal".

The Davidson Chapter of the North Carolina Public Interest Research Group filed its appeal and supporting brief on 1/

See 43 Fed. Reg. 39197 (1973).

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. January 23, 1979.

Pursuant to 10 CFR SS2.710 and 2.714a, Appli-cant's brief in opposition thereto would be due on Wednesday, February 7, 1979.

Applicant, and counsel most familiar with the McGuire proceeding, will be engaged in the second reopened hearing of its proposed Perkins. facility the week of January 29,.1979.

Applicant anticipates that such proceeding will be concluded by Friday, February 2, 1979.

By virtue of this fact, Applicant would request that it be granted an extension of time within which to file its brief in oposition to the appeal and brief of the North Carolina Public Interest Research Group to no later than Monday, February 12, 1979.

Applicant will attempt to file its brief during the week of February 5, 1979; however, circumstances in the Perkins proceeding may work against this expectation.

For the above stated reasons, Applicant respectfully re-quests that its motion for an extension of time within which to file its brief in opposition to the appeal and supporting brief of the North Carolina Public Interest Research Group be extended to Monday, February 12, 1979.

Respectfully submitted, i

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Michael McGarry, III Of counsel:

William L.

Porter, Esq.

Associate General Counsel Duke Power Company January 26, 1979

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFu 'E THE ATOMIC SAFETY AND LICENSING APPE.E BOARD In the Matter of

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DUKE POWER COMPANY

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(Amendment of Materials

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License SNM-1773 for Oconee

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Docket No. 70-2623 Nuclear Station Spent Fuel

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Transportation and Storage

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at McGuire Nuclear Station)

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CERTIFICATE OF SERVICE I hereby certify that copies of "Acolicant's Motion For An Extension Of Time Within Which'To File A Brief In Opposition To The Appeal Of North Carolina Public Interest Research Group," dated January 26, 1979, in the cactioned catter, have been served upon the following by deposit in the United States mail this 26th day of January, 1979:

Rchert. M.

La:c, Esq.

Mr. Jesse L.

Riley Chair =an, Atc=ic Safety and President Licensing Ecz.rd Carclina Envirennental U.

S.

Nuclear Reguiatery Study Grcup Cc= mission 854 Henley Place Washington, D.

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20555 Char 1ctte, Ncrth Carclina n c.,.,

Dr.

T-="4 A. Luebke Edward G. Zetchen, Esq.

Atemic Safety and Licensing Counsel for NEC Regulatory Scard Staff U.

S. Nuclear Regulatcry Office of the Enecutive Legal Cc=missicn Direc cr Washingten, D.

C.

20555 U.

S.

Nuclear Regulaterf Cc==issicn Washing:cn, D.

C.

20555 Dr. Cadet E. Hand, Jr.

Director W"m

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=crter, Esq.

Scdega Marina Laboratcrf Asscciate General Ccunsel cf Califcznia Duke Pcwer Cc=pany Post Office Box 247 Pcst Office 3cx 2173 Scdega Say, Califernia 94923 Charlotte, Ncrth Carclina

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Shellev Blum, Esc..

Chuck Gaddy 418 Law Building Chairperson 730 East Trade Street Davidsen PIEG Charlotte, North Carolina P.

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Box 2501 28202 Davidson College Davidsen, N.C.

28036 Anthony ". Roisman, Esq.

Natural Rescurces Defense Chairman, Atc=ic Safety and Council Licensing Board Panel 917 15th Street, N.W.

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S. Nuclear Regulatcry Washington, D.

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20005 Cc=missicn Washington, D.

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20555 Brenda Best Carolina Action Chair =an, Atc=ic Safety and */

1740 E.

Independence 317d.

Licensing Appeal scard Charlotte, North Carolina U.

S. Nuclear Regulatory 28205 Cc. issicn Washincton, D.

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20555 Jeremy 31cch safe Energy Alliance Mr. Chase R.

Stechens 1707 Lc=bardy Circle Decketing & Ser-fice Section Charlotte, North Carolina Office of the Secretarv

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28203 U.

S. Nuclear Regulatcry Cc= mission Richard P. Wilsen Washingnen, D.

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20555 Assistant Attorney General State cf Scuch Carolina 2600 Bull Street Co l"-kia, Scuth Carolina 2.c, o 0.,.

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[J.MicnaelMcGarf, III

  • / Applicant is serving three copies of the instant pleading with the Atomic Safety and Licensing Appeal Board.

By motion of January 16, 1979, the Natural Resources Defense Council requested the designation of an Appeal Board.

To date, Applicant has not been informed of the members of the panel and accordingly is taking the action specified above.

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