ML19305E556

Urges ASLB to Resolve Outstanding Matter,Re ASLB Initial Decision,Prior to 800601,due to Initial Fuel Loading Presently Scheduled for 800801.Suppl to Ser,Upon Which Review Will Be Conducted,Anticipated in May

ML19305E556
Person / Time
Site:	Mcguire, McGuire
Issue date:	04/09/1980
From:	Mcgarry J DEBEVOISE & LIBERMAN
To:	Hand C, Lazo R, Luebke E Atomic Safety and Licensing Board Panel
References
NUDOCS 8005200050
Download: ML19305E556 (2)

Text

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8005200o 50 LAW OFrtCES OF DEBEVOISE & LIBERMAN 1200 S D/CNTCCNTH STRCCT,N.W.

WASHINGTO N, D. C. 2OO36 TCLCPHONC (202) 857-98CO April 9, 1980 Robert M. Lazo, Esq. Dr. Emmeth A. Luebke Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board ,

Board U.S. Nuclear Regulatory '

U.S. Nuclear Regulatory Commission "

Commission Washine ton, D.C. 2055 4 Washington, D.C. 20555 9 g

Dr. Cadet H. Hand, Jr., Director 6 900 g c ,

Bodega Marine Laboratory of California

\ $g$O Y -2 Post Office Box 247 f: pp% Z Bodega, California 94923 3

In the Matter of Duke Power-Company k (William B.-McGuire Nuclear Station, Units 1 and 2) F g

Docket Nos. 50-369~and 50-370 0

Dear Members of the Board:

1 Pursuant to the Board's Initial Decision, the only matter that remains outstanding in the instant proceeding is the NRC Staff's description "of those generic problems under continuing study which have both relevance to facilities c r the type under review and potentially significant public safety implications."

See 9 NRC 489, 545 (April 18, 1979). The Board directed the Staff to address this matter in a Supplement to the Safety Evaluation Report. 9 NRC at 546-47. On March 27, 1980 a meeting was held between the Applicant and the NRC Staff. Therein the Staf f indicated that it would make every effort to have this matter completed in a timely fashion. A supplement to the Safety Evaluation Report is anticipated in early May.

Upon receipt of the Supplemen't 1 / Applicant would request l the Board to expeditiously conduct its review of this uncontested matter and to issue an order lifting the presently imposed stay of the Initial Decision.

l 1/ The Board instructed in its Initial Decision that such Supple-ment should "be promptly served on the Board and all parties after it has been issued." 9 NRC at p. 545.

f Robert M. Lazo, Esq.

Dr. Emmeth A. Luebke Dr. Cadet H. Hand, Jr.

April 9, 1980 Page Two Initial fuel loading is presently scheduled for August 1, 1980. To allow for contingencies, Applicant would request Board resolution of this last outstanding matter prior to June 1, 1980.

l 1

R pectfully submitte ,/

4 $

J. Michael McGarry, III cc: Mr. Chase R. Stephens Edward G. Ketchen, Esq.

William L. Porter, Esq.

Mr. Jesse L. Riley Chairman, Atomic Safety and Licensing Appeal Board Chairman, Atomic Safety and Licensing Board Panel l

f l

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