ML19274D434
| ML19274D434 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 01/05/1979 |
| From: | Pfefferkorn W PFEFFERKORN & COOLEY, P.A. |
| To: | |
| References | |
| NUDOCS 7901230363 | |
| Download: ML19274D434 (8) | |
Text
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..s ROOM UNITED STATES OF AMERICA i
JAN 9197.9 > ;4 NUCLEAR REGULATORY COMMISSION o,
S
~
mges In the Matter of
)
)
DUKE POWER COMPANY
)
Docket Nos. STN 50-488
)
50-489 (Perkins Nuclear Station,
)
50-490 Units 1, 2 and 3)
)
)
MOTION TO CONTINUE NOW COME the Intervenors and move that the hearing scheduled for January 29, 1979, in Mocksville, North Carolina, be continued for the reason that the position of the State of North Carolina, which has previously been assumed by a letter written to counsel for the NRC Staff, is not in fact the position of the Environmental Management Commission or the State of North Carolina and the High Rock Lake Association has filed a petition and requested a hearing in regard to this matter in order that this reopened question of alter-native sites may be considered upon a proper basis.
The question of alternative sites as indicated in the proposed testimony of the Staff could depend in a great degree on whether or not Lake Norman is an adequate alternative in terms of its use for condenser cooling,as well as cooling towers.
This question has not been answered by the appro-priate State agencies and, therefore, the reliance in the proposed testimony and by counsel for the NRC Staff on one letter is highly inappropriate.
It would be highly improper
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and prejudicial for this hearing to proceed before such a question has been decided.
It is the position of the Intervenors that Lake Norman does present one of many obviously superior sites and that the availability of condenser cooling, as well as cooling towers, is one of the many reasons for the obvious superiority of this site.
Applicant's position and the position of the Staff seems to be that the Lake Norman site is not available for condenser cooling or that at least there is some question about this.
Therefore, in order to have a hearing in regard to alternative sites as called for by the order in July of 1978, this Licensing Board must postpone its hearing until the State of North Carolina, through its appropriate agencies, has made a decision about the availabilty of condenser cooling on Lake Norman.
This is a crucial question and any decision in favor of the applicant's or Staff's position prior to a proper determination of the availability of Lake Norman for condenser cooling would constitute substantial and prejudicial error and would result in further rehearings in the future.
In order to avoid unnecessary hearing and the unwise use of the Board's time, this matter must be continued,
.,llFF until the Environmental Management Commission and the' State of North Carolina make a determination of this critical question.
Attached to this motion are copies of the petition for a by the High Rock Lake Association and the request hearing before the Envirnomental Management Commission.
This the
$?"'dayofJanuary, 1979.
w
'N Willis~m G.
Pfefferkorn G
f Attorney for Intervenors
/
f PFEFFERKORN & COOLEY, P.
A.
Post Office Box 43 Winston-Salem, North Carolina 27102 Telephone:
(919) 725-0251 kig hock Ne kisociation, $nc.
b P.O. Box 159 i
Southmont, North Carolina 27351 J.
David Springer, President M. L. Byrd, Vice President L. W. Decker, Vice President Harold D. Green, Vice President Catherine W. Pstts, Vice President, Treasurer Jane Bennett, Recording Secretary 4
is og
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PAST PRESIDENTS
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J.M.Piemmons oe F F e m n 4 Q(
Q E. W. Fries L. G. Pfefferkorn Harmen Sned The enclosed petition is respectfully submitted for your decision after appropriate hearing.
BOARD OF DIRECTORS f,31. Banks North Carolinians are can do people.
We know you will be a can do person by helping avoid a huge in-Carl Benfield l
Jane Bennett flationary rate increase and waste of huge quantities l
lienry Booke of energy and water by a cooling towered Perkins.
Sam L Booke Duke Power has told the State in its McGuire Station c
P.
ollins L. Wilbur Decker application, that-Lake Norman has a 10,000 Mw con-R. L Floyd denser cooling capacity.
There are approximately Jee F. Freeman 4600 of these committed,. leaving about 5400 available Iry Garrett for use.
One Perkins unit needs only 1280 Mw; two re$n 2560; and three 3800.
. IIarold I Dallas W. IIelms Benny 11uff A can do view would be:
Joe P. Marus 1.
Entertain an application for a 316(a)
Tommy Mine' demonstration and waiver for each of the three Perkins units if sited on Lake Norman; e ce Pfefferkorn Jim Phillips or Lee Phillips 2.
Consider a waiver under 15 N.C. Admin Catherine Pitts Code if one, two or three of the units
(,;$;',['R sited on Lake Norman violate the Code.
1 Jack A. Ramsey Klynt Ripple If, in the most unlikely circumstance, a Lake Norman David springer site would not qualify for total or partial conden-BraxtonTouw ser cooling you can say "We tried!".
Respectfully, David Springer, President HIGH ROCK LAKE ASSOCIATION P.O.
Box 159 Southmont, North Carolina 27351
Enclosure:
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Date:
November 16, 1978 To:
(1)
Secretary Howard Lee (2)
The Enviromental Management Commission
Subject:
Request for the view of the State of North Carolina of the once through condenser cooling capability of specific partially licensed thermal generating sites on Lake Norman 1.
The United States Nuclear Regulatory Commission, in their proceeding 50 STN 488, 489 and 490, other parties to that proceeding, Duke Power Company electric rate payers and pres-ent and future Yadkin River water users, respectfully request the view of the State of North Carolina as to the capability of Lake Norman (with a once postulated existing excess 5,500 Mw once through condenser cooling capacity) to receive con-denser cooling waters from:
a.
One 1289 Mw thermal generating unit to come on line between January 1987 through January 1989.
b.
Two 1280 Mw (2560 Mw) thermal electric generating units, the first as in (a) supra, and the second to come on line between July 1989 through January 1992.
c.
Three 1280 Mw (3840 thermal electric generating units, the first and second as in (a) and (b) supra and the third to come on line between January 1992 through Jan-uary 1994 at partially licensed sites here-in after specifically located on enclosure (1) on Lake Norman without violating 15 N.
C. Administrative Code Sections 2B.0211 (c)
(3) (J), or 2B.0211 (e) (3) (F).
2.
Further, whether or not if one, two or three of the above said units or any of them violate the above three sections of 15 N.C. Administrative Code, a variance would be granted under 15 N.C. Administrative Code 2B.0209, in that the pub-lic interest will be better served thereby in that a vari-ance would avoid:
a.
An unnecessary approximate $200,000,000.00 initial investment in cooling towers.
b.
An approximate annual unnecessary elec-tric rate increase of $70,000,000.00 (approx-imating in present dollars an unnecessary 10%
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November 16, 1978 - continued Request for view of the State of North Carolina rate increase - totaling over the life of the three units some two billion one hundred million in present dollars to operate and fund cooling towers.
c.
The unnecessary consumption of waters of the State of North Carolina capable of sustaining an approximate 4,000,000 per-son domestic-industrial complex.
d.
Waste more energy to operate cooling towers for the three units over the life of the units than Duke has sold in most years of its existence.
4.
A public hearing is respectfully requested so that we may present evidence supporting our contentions and petition from over 1000 citizens expressing their concern.
Respectfulllyl
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-7, ident zSpri Pres IGH/ ROCK E ASSOCIATION
'Cd Box 1 p.
,Jouthmont, North Carolina 27351
Enclosures:
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CERTIFICATE OF SERVICE I hereby certify that copies of a Motion to Continue in the above-captioned matter have been served on the 5 following by deposit in the United States mail this 19 79.
day of January Elizabeth S.
Bowers Charles A.
Barth, Esq.
Chairman, Atomic Safety Counsel for NRC Regulatory Staff and Licensing Board Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. Donald P.
deSylva Associate Professor of William A.
- Raney, Jr., Esq.
Marine Science Special Deputy Attorney General Rosenstiel School of Marine State of North Carolina and Atmospheric Science Department of Justice University of Miami Post Office Box 629 Miami, Florida 33149 Raleigh, North Carolina 27602 Dr. Walter H.
Jordan William L.
Porter, Esq.
881 West Outer Drive Associate General Counsel Oak Ridge, Tennessee 37830 Duke Power Company Post Office Box 2178 Chairman, Atomic Safety Charlotte, North Carolina 28242 and Licensing Board Panel U.S.
Nuclear Regulatory Mr. Chase R.
Stephens Commission Docketing and Service Section Washington, D.C.
20555 Office of the Secretary
'U.S. Nuclear Regulatory Chairman, Atomic Safety and Commission Licensing Appeal Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Mr.
J.
Michael McGarry, III Washington, D.C.
20555 Dem :Voise and Liberman 700 Shoreham Building 806 Fifteenth Street Washington 005
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WilTiam G.
Pfefferkofn
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Attorney for Intervenor j
PFEFFERKORN & COOLEY, P.
Post Office Box 43 Winston-Salem, N.C.
27102 Telephone: (919) 725-0251