ML19261D746
| ML19261D746 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 05/10/1979 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906260298 | |
| Download: ML19261D746 (5) | |
Text
.. -
NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
~
)
DUKE POWER COMPANY
)
)
(Amendment to Materials License
)
Docket No. 70-2623 SNM-1773 for Oconee Nuclear Station
)
M, Spent Fuel Transportation and Storage
)
/. #-M G l
at Mu. aire Nuclear Station)
)
.[sh 5
$,$ 'h NRC STAFF RESPONSE TO CAROLINA w
.r.f i
ENVIRONMENTAL STUDY GROUP (CESG)
~N l
MOTION FOR CONTINUANCE fF ff/
6
(
y, Introduction and Background On April 27, 1979, CESG movec' for a continuance. The entire motion consists of the following paragraph:
Inasmuch as the Oconee plant is shut down for i
"at least several weeks", giving the re-racking procedure more time to proceed and obviating any urgency in this proceeding, CESG moves for s
a continuarice to allow thoughtful digestion of discovery.1/
CESG attached a copy of a Charlotte News newspaper article of April 27, 1979, presumably as a supporting basis fo. its motion.
By Order of April 12, 1979, the Atomic Safety and Licensing Board set June 19-29, 1979 for the hearing.
Discovery has been proceeding for a considerable time, at least since October,1978.
CESG has engaged heavily in discovery in this proceeding.
The pertinent NRC Staff 1/ There is no "re-racking procedure" in the above-captioned proceeding, although re-racking was discussed in the Staff's Environmental Impact Appraisal in this docket as an alternative to the proposed action.
However, Duke Power Company has applied to the Commission to amend its Oconee operating license to expand the capacity of the Oconee Unit 1 and 2 spent fuel pool by "re-racking".
2311 039 7906260 N
documents relevant to the above-captioned proceeding have been published.
(SeetheEnvrionmentalImpactdepraisal (December,1978) and the Safety Evaluation Report (January, 1979).)
Discussion j
Boards are authorized to grant continuances pursuant to their powers under 2.718 and 2.721(d) Toledo Edison Company and Cleveland Electric Illuminating Company (Davis-Besse), ALAB-021, 4 AEC 560 (1971). A Licensing Board should also grant a continuance on request where evidence
~
is sought to be introduced and an objecting party has not had the reasonable opportunity provided in 10 C.F.R. 2.743(b) to examine it.
(Tennessee Valley Authority (Hartsville), ALAB-367, 5 NRC 92, 117 (1977)).
Continuances might also be appropriate where one of the parties, through no fault of its own, has not had a sufficient amount of time to prepare its case, particularly if sufficient time has been provided to the other parties.
(Southern California Edison (San Onofre, Units 2 and 3),
ALAB-212, 7 AEC 786, 992 (1974)).
CESG's request, however, does not rest on any of the factors which have been found to support a continuance in Commission proceedings.
CESG has had the same time for case preparation afforded the other parties.
It points to no information, newly developed or otherwise, which requires 2311 040
-em.
preparation in excess of that anticipated by the parties and the Board at the outset of this proceeding. CESG's motion rests entirely on a matter extraneous to its preparation, viz, a news article reporting that Duke's Oconee plant is " shut down for 'at least several weeks'" and i
concludes only that in its view the necessity to proceed is less urgent and therefore a more leisurely pace is possible. As stated, CESG's motion is insufficient as a matter of law and thus should be denied for lack of the required showing necessary to support a continuance.
Respectfully submitted, 0.W D
M
~
Edward G. Ketchen Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of May, 1979 2311 041
=>
w e
.A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
f DUKE POWER COMPANY
)
Docket No. 70-2623
)
(Amendment to Materials License
)
l SNM-1773 for Oconet Nuclear Station
)
t Spent Fuel Transportation and Storage )
at McGuire Nuclear Station)
)
CERTIFICATE OF SERVICE t
I hereby certify that copies of "NRC STAFF RESPONSE TO C R0 LINA ENVIRONMENTAL STUDY GROUP (CESG) MOTION FOR CONTINUANCE", dated May 10, 1979, in the above-captioned proceeding, have been served on the following, b; deposit in the United States mail, first. class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 10th day of May, 1979:
Marshall E. Miller, Chairman Ms. Brenda Best j
Atomic Safety and Licensing Board Carolina Action U.S. Nuclear Regulatory Commission 1740 E. Independence Blvd.
Washington, D. C.
20555 Charlotte, North Carolina 28205 Dr. Cadet H. Hand, Jr., Director Anthony Z. Roisman, Esq.
Bodega Marine Laboratory Natural Resources Defense Council University of California 917 - 15th Street, N.W.
P.O. Box 247 Washington, D. C.
20555 Bodega Bay, California 94923 Shelley Blum, Esq.
Dr. Emmeth A. Luebke 418 Law Building Atomic Safety and Licensing Board 730 East Trade Street U.S. Nuclear Regulatory Commission Charlotte, North Carolina 28202 Washington, D. C. 20555 J. Michael McGarry, III, Esq.
W. L. Porter, Esq.
Debevoise & Liberman Associate General Counsel 1200 Seventeenth Street, N.W.
Legal Department Washington, D. C.
20036 Duke Power Company 422 South Church Street Charlotte, North Carolina 28242 2311 042 smwrm m
o o-no em
_-..\\. s
~
Atomic Safety and Licensing Appeal Board Mr. Geoffrey Owen Little U.S. Nuclear Regulatory Commission P. O. Box 2501 Washington, D'.C.
20555 Davidson College Davidson, N.C.
28036 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 e
Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Jesse L. Riley, President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207
~~i Richard P. Wilson, Esq.
Assistant Attorney General State of South Carolina 2600 Bull Street Columbia, South Carulina 29201 1
Edward G. Ketchen l
Counsel for NRC Staff I
e e
=
w
- -
- w e o mwe.
-e
-e e
ee-- - -
-we-