ML19263C435
| ML19263C435 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 02/05/1979 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7902220181 | |
| Download: ML19263C435 (5) | |
Text
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2/5/79
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- 7v'f ROO.V UNITLD STlTLS OF AMERICA I;UCLEle: I1CUMTORY COM 'ISSION BEFORE lill A10 MIL SAFE.TY AND LICENSING APPEAL BOARD In the Matter of
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DUKE POWER COMPANY
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Decket No. 70-2623
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(Amendment to Materials License
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SNM-1773 for Oconee Hutlear Station
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Spent Fuel Transportation and Storage )
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at McGuire fluclear Station;
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IIRC STAFF'S RESPONSE TO APPLICANT'S MOTIC FOR AN EXTEf1SI0f10F TIME, AND 41
,e NRCSTAFF'SMOTI0ftFORAllEXTENSIONOFTIMEh%
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II.
IN WHICH TO FILE A BRIEF IN RESPON5E TO THE '
APPEAL OF NORTH CAROLINA PUBLIC INTEREST
-,,g s RESEARCH GROUP.
On January 9,1979, the Atomic Safety and Licensing Board designated to rule on petitions (Petitions Board)d/ ssued a supplemental order i
ruling on petitions for leave to intervene. The Petitions Board denied the petition of the Davidson Chapter of North Carolina Public Interest Research Group (PIRG).
It is also denied a similar petition of the Natural Resources Defense Council. The Petitions Board advised that its order may be appealed to the Atomic Safety cr.d Licensing Appeal Board within ten (10) days after service of the order.
Briefs in support of or in opposition to the appeal are required to be filed within ten (10) days after service of the appeal.
l/ 43 Fed. Reg. 39197 (1978).
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. The Davidson Chapter of the fiorth Carolina "ublic Interest Research Group (PIRG)fileditsappealandsupportingbriefonJanuary 23, 1979.
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Responses to PIRG's appeal would ordinarily be due on Wednesday, February 7, 197o, pursuant to 10 CFR 52.710 and 2.714a.
On January 26,1979, the Applicant filed a motion for an extension of time to Monday, February 12, 7..;/9 to file its response in opposition to PIRG's appeal. Applicant asserts that Applicant, and Applicant's counsel most familiar with the McGuire proceeding, will be engaged in the second reopened hearing of the troposed Perkins facility during the week of January 29, 1979.
It claims that this would limit Applicant's ability to prepare its response to PIRG's appeal.
The NRC Staff does not oppose the Applicant's request for an extension of time.
For similar reasons, however, NRC Staff counsel requests until February 19, 1979 to file its brief in response to PIRG's appeal. NRC Staff counsel most familiar with the McGuire/0conee spent fuel trans-portation and storage proceeding will be engaged in the hearing on the licensing of the Diablo Canyon nuclear facility the week beginning February 4
_2/ PIRG also filed " North Carolina Public Interest Research Group -
Davidson Motion for Extension of Time to File Objection to Supplemental Order Ruling on Petitions for Leave to Intervene" dated January 21, 1979, filed January 23, 1979.
The extension was granted by the Petitions Board on January 25, 1979.
_3_
( to begin on February 7,1979).
The Diablo Canyon proceeding will most likely continue until approximately February 14, 1979.
This limits Staff counsel's ability to prepare a response to the f! orth Carolina Public Interest Recearch Group's appeal.
Other Staff counsel assigned to this case will also be unavailable during the week of February 4 and, therefore, will not be able to assist in the preparation of the Staff's brief.
Accordingly, the 11RC Staff respectfully requests that its motion for an extension of time within which to file its brief in response to the appeal and supporting brief of the Davidson Chapter of the fiorth Carolina Public Interest Research Group be extended to Monday, February 19, 1979.
Respectfully submitted, b
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_c Edward G. Ketchen Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of February,1979.
UNITED STATES OF AMERICA NUCLEAR "EGULATORY COM:41SSION BEFOPE THE _ ATOMIC SAFETY AND LICEf 51f3 COARD In tne !!atter of
)
)
DUKE POWER COMPANY
)
Docket tio. 70-2623
)
( Amendment to Materials License
)
SNM-1773 for Oconee fluclear Station
)
Spent Fuel Transportation and Storage )
at licGuire Nuclear Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "I.
IIRC STAFF'S RESP 0i4SE TO APPLICAT1T'S MOTIO!1 FOR AN EXTENSI0Il 0F TIME, At10, II. IIRC STAFF'S MOTION FOR AN EXTEllSI0il 0F TIME IN WHICH TO FILE A BRIEF Ill RESP 0llSE TO THE APPEAL OF NORTH CAROLIriA PUBLIC IllTEREST RESEARCH GROUP" dated February 5,1979, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, or, a'a indicated by an asterisk, through deposit in the fluclear Regulatory Commission's internal mail system, this 5th day of February,1979.
- Robert M. Lazo, Esq., Chairman Ms. Brenda Best Atomic Safety and Licensing Board Carolina Action U.S. Nuclear Regulatory Commission 1740 E. Independence Blvd.
Charlotte, N' rth Carolina 28205 Washington, D. C.
20555 o
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.
20005 Bodega Bay, California 94923 Mr. Jeremy Bloch tr. Emmeth A. Luebke Safe Energy Alliance Atomic Safety and Licensing Board 1707 Lombardy Circle U.S. Nuclear Regulatory Commission Charlotte, North Carolina 28203 Washington, D. C.
20555 Shelley B lum, Esq.
W. L. Porter, Esq.
418 Law Buildino Associate General Counsel 730 East Trade Street Legal Department Charlotte, North Carolina 28202 Duke Power Company 422 South Church Street J. Michael McGarry, III, Esq.
Charlotte, North Carolina 28242 Debevoise & Liberman 1200 Seventeenth Street, fl.W.
Washington, D. C.
20036
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- Atomic Safety and Licensing Appeal Board Mr. Charles Gaddy U.S. Nuclear Regulatory Comnission P. O. Box 2501 Washington, D.C.
20555 Davidson College Davidson, N.C.
28036
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comnission Washington, D. C.
20555
- Docketing and Service Section U.S. Huclear Regulatory Commission Washington, D. C.
20555 Mr. Jesse L. Riley, President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207 Richard P. Wilson, Esq.
Assistant Attorney Gonoral State of South Caroiina 2600 Bull Street Columbia, South Carolina 29201 Edward G. Ketchen Counsel for NRC Staff