ML19261D298
| ML19261D298 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 05/01/1979 |
| From: | Mcgarry J DUKE POWER CO. |
| To: | |
| References | |
| NUDOCS 7906020109 | |
| Download: ML19261D298 (5) | |
Text
.<
h N1td PUBLIC DOCUMENr ROOM
<j UNITED STATES OF AMERICA g
NUCLEAR REGULATORY COMMISSION O f"/
T f'.y M
L
.N,.
' dv; <r G
In the Matter of
)
j
)
Di.KE POWER COMPANY
)
C1' i *
)
Docket No. 70-2623 (Amendment to Materials License
)
SNM-1773 for Oconee Nuclear Station
)
Spent Fuel Transportation and Storage
)
at McGuire Nuclear Station
)
APPLICANT'S RESPONSE TO NRDC'S REQUEST FOR EXTENSION OF TIME; AND APPLICANT'S MOTION FOR REQUEST FOR AN EXTENSION OF TIME By letter dated March 27, 1979, the Atomic Safety and Licensing Board served notice of its intent to begin, on June 19, 1979, an evidentiary hearing in the captioned matter.
Applicant will be prepared to go forward on such date.
On April 12, 1979, the Licensing Board issued an Order Concerning Interrogatories, Termination of Discovery and Schedule which expanded upon its March 27, 1979 Order.
In the April 12, 1979 Order, the Licensing Board stated that motions for summary disposition were to be filed by May 4, 1979.
On April 27, 1979, Natural Resources Defense Council (NRDC) requested an extension of time to file motions for summary disposition until May 21, 1979, or
" ten days after Applicant provides legally sufficient responses to (NREC's] request for admissions...."
Applicant does not oppose NRDC's request for an extension of timel/;
2306 032 lf Although Applicant does not oppose NRDC's request for an extension of time, Applicant does not agree that its answers to NRDC's Request for Admissions were incomplete and will file a respo.1se to NRDC's Motion to Compel Applicant's Response to Admissions within the prescribed time.
7906020109
- and, for the reasons set forth below, Applicant respectfully requests an extension of time through May 21, 1979 to file its motions for summary disposition.
Applicant submits that some, if not all, of the conten-tions raised by the Intervenors fail to preser.t genuine
'ssues of material fact appropriate for resolution in this proceeding, and th'.is are subject to dismissal pursuant to the summary disposition provisions of 10 CFR S2.749(d).
However, to determine the appropriateness of summary disposition with respect to such contentions, additional information is needed. Applicant has attempted to obtain such additional information through interrogatories submitted te each non-governmental intervenor in this proceeding. 2/
As of this date, however, Applicant has received responses to such interrogatories from only NRDC and CESG. 3/
Further, the responsas of NRDC and CESG will warrant some further discovery.
2/
On March 16, 1979, Applicant submitted interrogatories to Carolina Environmental Study Group (CESG), Davidson Chapter of the North Carolina Public Interest Research Group, and Carolina Action.
On March 28, 1979 Applicant submitted interrogatories to NRDC.
3/
CESG Submitted its answers on Monday, April 30, 1979.
2306 033
. From the foregoing, Applicant submits that this reqc9st for extension of time is necessary for Applicant to develop, if necessary, a well reasoned motion for summary disposition of intervenors concentions.
Applicant, therefore, requests that the Board to grant its motion.
Respectfully submitted,
/t
/
w.bb /
/
~
4 v
J. Michael McGarry f
Of Counsel:
William L. Porter, Esq.
Associate General Counsel Duke Power Company 2306 034 May 1, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE POWER COMPANY
)
)
Docket No. 70-2623 (Amendment to Materials
)
License SNM-1773 for Oconee
)
~
Nuclear Station Spent Fuel
)
Transportation and Storage
)
At McGuire Nuclear Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response To NRDC's Request For Extension Of Time; And Applicant's Motion For Request For An Extension Of Time," dated May 1, 1979 in the above captioned matter have been served upon the following by deposit in the United States mail this 1st day of May, 1979.
Marshall I.
Miller, Esq.
Mr. Jesse L.
Riley Chairman, Atomic Safety and President Licensing Board Carolina Environmental Study U. S. Nuclear Regulatory Group Commission 854 Henley Pla e Washington, D. C.
20555 Charlotte, Morth Carolina 28207 Dr. Emmeth A. Luebke Atomic Safety and Licensing Edward G.
Ketchen, Esq.
Board Counsel for NRC Regulatory U. S. Nuclear Regulatory Staff Commission Office of the Executive Legal Washington, D. C.
20555 Director U.
S. Nuclear Regulatory Dr. Cadet H. Hand, Jr.
Commission Director Washington, D.
C.
20555 Bodega Marine Laboratory of California William L.
Portet, Esq.
Post Office Box 247 Associate General Counsel Bodega Bay, California 94923 Duke Power Company Post Office Box 33189 Charlotte, North Carolina 28242 2306 035
y v
...., Shelley Blum, Esq.
Richard P. Wilson 418 Law Building Assistant Attorney General 730 East Trade Street State of South Carolina Char 3^tte, North Carolina 2600 Bull Street 28202 Columbia, South Carolina 29201 Anthony Z.
Roisman, Esq.
Natural Resources Defense Chairman, Atomic Safety and Council Licensing Board Panel 917 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.
Indepsndence Blvd.
Licensing Appeal Board Charlotte, North Carolina U. S. Nuclear Regulatory 28205 Commission Washington, D.
C.
20555 Chuck Gaddy Chairperson Davidson PIRG Mr. Chase R. Stephens P.
O. Box 2501 Docketing and Service Section Davidson College Of fice of the Secr etary Davidson, North Carolina U. S. Nuclear Regulatory 28036 Commission Washington, D.
C.
20555
/
~
AT Y
i s'
/
S J.
Michael McGarry, III 2306 036