ML19289F034
| ML19289F034 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 03/21/1979 |
| From: | Mcgarry J DUKE POWER CO. |
| To: | |
| References | |
| NUDOCS 7906010126 | |
| Download: ML19289F034 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Ng up In the Matter of
)
)
DUKE POWER COMPANY
)
Docket Nos. STN 50-488
)
STN 50-489 (Perkins Nuclear Station
)
STN 50-490 Units 1, 2 and 3)
)
APPLICANT'S OPPOSITION TO INTERVENORS' MOTION TO REOPEN THE RECORD AND FOR ADDITIONAL HEARING On March 5, 1979 Intervenors filed a Motion to Reopen the Record and For Additional Hearings.
Applicant, pursuant to 10 C.F.R. 52.730(c), makes the following response.
The law respecting motions to reopen is clearly defined.
See Kansas Gas and Electric Comoany, et al. (Wolf Creek Generating Station, Unit No. 1), ALAB 462, 7 NRC 320, 338 (1978) wherein it is stated:
"As is well settled, the proponent of a motion to reopen the record has a heavy burden.
Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), ALAB-359, 4 NRC 619, 620 (1976).
The motion must be both timely presented and addressed to a significant safety or environmental issue.
Vermont Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station), ALAB-138, 6 AEC 520, 523 (1973);
id., ALAB-167, 6 AEC 1151-52 (1973); Georgia Power Co. ( Alvin W. Vogtle Nuclear Plant, Units 1 and 2), ALAB-291, 2 NRC 4 04, 409 (1975).
Beyond that, it must be established that "a diffarent result would have been reached initially had [the material submitted in support of the motion) been considered." Northern Indiana Public Service Co.
(Bailly Generating Station, Nuclear-1), ALAB-227, 8 AEC 416, 418 (1974)."
Applicant submits that Intervensrs have failed to comply with these procedural requirements.
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7906010lA(g i i
. With respect to the substance of Intervenors' motion, two matters are alleged.
Applicant addresses each item separately.
First, Intervenors claim that WASH-1400 "has influenced much of the analysis and many of the significant conclusions reached heretofore in this matter and therefore it is neces-sary to have an additional discovery period and hearing".
The record clearly shows that, contrary to Intervenors' assertions, the basic Staf f conclusions were based on things other than WASH-1400 (Tr. 3960); that WASH-1400 was used by the Staff only to corroborate Staff findings (Tr. 3960);
and that the NRC's change in position with regard to the Rasmussen Report had no effect and no bearing to the Staff's testimony (Tr. 3959).
With respect to Intervenors' reference to accidents, an examination of Section 7 of the Final En-vironmental Impact Statement reflects that WASH-1400 was merely a reference document and was not relied upon by the Staff in its analysis of the environmental impacts of postulated accidents.
Second, Intervenors allege that " primary source material" for various " geological, seismological foundations and ground water hydrological investigation" is not con-tained in the Davie County Public Library, i.e.
the local public document room.
Applicant maintains that material 2234 144
. relevant to the matters advanced by Intervenors is contained in the Preliminary Safety Analysis Report (PSAR) and the Environmental Report (ER), both of which are in the Davie County Public Library.
It appears that Intervenors are seeking the actual worksheets that support the PSAR and the ER.
Such material is not required by Commission regulations to be contained in either the PSAR or the ER.
Accordingly, there is no merit to Intervenors' claim in this regard.
It is clear that if Intervenors had a contention involving these matters, which they do not, they could have availed themselves of discovery.
Their failure to take advantage of the appropriate Commission procedures should not now serve as grounds for reopening this case.
In conclusion, Applicant would note that thy instant Motion is yet another in the long line of instances wherein Intervenors have moved to delay this proceeding.
The day has long since passed when such tactic warranted serious attention.
Accordingly, in light of the protracted nature of this proceeding, Applicant respectfully requests that the instant Motion be denied and that an Initial Decision be issued forthwith.
Respectfully submitt d, bh
/J. Michael McGarry, III/
Of counsel:
William L. Porter, Esq.}4 j4} Associate General Counsel Duke Power Company March 21, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of- ) ) DUKE POWER COMPANY ) Docket Nos. STN 50-488 ) STN 50-489 (Perkins Nuclear Station ) STN 50-490 Units 1, 2 and 3) ) CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Opposition to Intervenors' Motion to Reopen the Record and for Additional Hearing", dated March 21, 1979 in the above captioned matter, have been served upon the following by deposit in the U.S. mail this 21st day of March, 1979. Elizabeth S. Bowers Charles A. Barth, Esq. Chairman, Atomic Safety Counsel for NRC Regulatory and Licensing Board Staff U. S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Dr. Donald P. d eSylva Washington, D. C. 20555 Associate Professor of Marine Science William A. Raney, J r., Esq. Rosenstiel School of Marine Special Deputy Attorney and Atmospheric Science General University of Miami State of North Carolina Miami, Florida 33149 Department of Justice Post Office Box 629 Dr. Walter H. Jordan Raleigh, North Carolina 881 West Outer Drive 27602 Oak Ridge, Tennessee 37830 William G. Pfefferkorn, Esq. William L. Porter, Esq. 2124 Wachovia Building Associate General Counsel Winston-Salem, North Carolina Duke Power Company 27101 Post Of fice Box 33189 Charlotte, North Carolina 2234 146 28242
... Mary Apperson Davis Mr. Chase R. Stephens Route 4 Docketing and Service Section Box 261 Of fice of the Secretary Mockeville, North Carolina U. S. Nuclear Regulatory 27028 Commission Washington, D. C. 20555 Chairman, Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Chairman, Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ,[ [J. Michael McGapry, III 2234 147 .}}