ML19296A347
| ML19296A347 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 02/14/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903190134 | |
| Download: ML19296A347 (4) | |
Text
'.
VRC PUDLIC DCCIBIZNT 2 7N
,/d I l/ > -
Uti! TEE STATES OF AMERICA fiUCLEAR REGULATORY CC:'J1ISSI0ti BEFORE THE ATOMIC SAFETY A ;D 1.ICEtiSitiG ROARD_
In the Matter of
)
- ~
)
DUKE P0'.s'ER COMPAtiY
)
Docket fio. 70-2723
)
(Amendment to Materials License
)
Stim-1773 for Oconee fluclear Station
)
Spent Fuel Transportation and Storage )
at McGuire fluclear Station)
)
TIRC STAFF'S RESPCt1SE TO APPLICAtiT'S MOTI0ft FOR THE ESTi4BLISHt/EllT OF A HEARIllG SCHEDULE On flovember c:, 1978, the Atomic Safety and Licensing Courd established to rule on petitionsS, (" Petitions Board") granted Intervenor status to three of the petitioning parties. On January 9, 1979, the Petitions Board ruled on the two remaining petitions.
In its Supplemental Order of January 9,1979, the Petitions Board denied a petition to intervene of the flatural Resources Defense Ccuncil, Inc.
(f1RDC) and the Davidson College Chapter of the Public I a.erest Research Group of fiorth Carolina (PIRG).
In an Order issued on February 13, 1979, the Appeal Board admitted flRDC as a party on grounds of discretionary intervention. PIRG has appealed the denial of its petition. The issue will be ripe for decision following the filing of the Staff's brief on the issue on February 20, 1979.
l/ See 43 Fed. Rea 39197(1978).
G 79031901M
r On January 25, 1979, Applicant filed a motion requesting the Hearing Board to establish a hearing schedule.
In these circumstances, the Staff would suggest that the Licensing Board go forward and rule with regard to contentions wf..h are still disputed.
Such a ruling would permit all present parties to practice and complete discovery on all admitted contentions. After a reasonable discovery period has lapsed, (the Staff would suggest 30 days), a p ' '-ing con-ference should be held to finalize schedules for the close of discovery, filing of summary disposition motions and testimony and commencement of the hearing.
The above approach should be adhered to even though the PIRG appeal has not been determined.
Should PIRG be successful in its appeal, it could reasonabl; integrate into the schedule, given that it presses only one issue.
Respectfully submitted,
>c',ha Richard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of February, 1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COFe11SSION BEFORE THE ATOMIC SAFETY AND LICET SING S0ARD 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_S_ERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANT'S MOTION FOR THE ESTABLISHMENT OF A HEARING SCHEDULE" dated February 14, 1979, in the above-captioned proceeding, have been served on the folloaing, by 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 14th day of February, 1979.
- Marshall E. Miller, Chairman Ms. Brenda Best 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.
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 Carolira 28203 Washington, D. C.
20555 Shelley B lum, Esq.
W. L. Porter, Esq.
418 Law Building Associate General Counsel 730 East Trade Street Legal Department Charlotte, North Carolina 28202 Duke Power Company 422 South Church Street J. lichael McGarry, III, Esq.
Charlotte, North Ci.rolina 28242 Cebevoisa & Liberman 1200 Seventeenth Street, N.W.
Washington, D. C.
20036
-
- Atomic Safety and Licensing Appeal Board Mr. Charles Gaddy U.S. Iluclear Regulatory Conmission P. O. Box 2501 Washington, D.C.
20555 Davidson College Davidson, ft.C.
28036
- Atomic Safaty and Licensing Board Panel U.S. Nuclear Regulatory Conmission Washington, D. C.
20555
- ' Docketing and Service Section U.S. iluclear Regulatory Commission Washington, D. C.
20555 Mr. Jesse L. Riley, President Carolina Environmental Study Group 354 Henley Place Charlotte, ilorth Carolina 28207 Richard P. Wilson, Esq.
Assistant Attorney General State of South Carolina 2600 Ball Street Columbia, South Carolina 29201 Ricfiard K. Hoefli'ng
()
G Counsel for flRC Staff 4
e