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Category:INTERVENTION PETITIONS
MONTHYEARML19316B1871980-05-0909 May 1980 Response in Opposition to D Springer 800415 Petition to Intervene.Intervenor Advanced Grounds That Have Been Previously Rejected in 1976-77 Petitions.Petition Untimely & Unsupported by Facts.Certificate of Svc Encl ML19309G5561980-04-15015 April 1980 Petition to Intervene Requesting Appointment of Special Staff to Represent Public Interest W/Integrity.Alleges That Position of State of Nc Was Willfully & Knowingly Misrepresented.Certificate of Svc Encl 1980-05-09
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML19316B1871980-05-0909 May 1980 Response in Opposition to D Springer 800415 Petition to Intervene.Intervenor Advanced Grounds That Have Been Previously Rejected in 1976-77 Petitions.Petition Untimely & Unsupported by Facts.Certificate of Svc Encl ML19309G5561980-04-15015 April 1980 Petition to Intervene Requesting Appointment of Special Staff to Represent Public Interest W/Integrity.Alleges That Position of State of Nc Was Willfully & Knowingly Misrepresented.Certificate of Svc Encl 1980-05-09
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20054F5991982-06-14014 June 1982 Response Supporting Util 820419 Motion to Withdraw CP Application W/O Prejudice & Opposing Award of Costs & Attys Fees to Intervenor.Expenses Resulted from Intervenor Actions.Certificate of Svc Encl ML20053D2351982-05-28028 May 1982 Reply Opposing Intervenor 820429 Response to Util 820419 Motion to Withdraw Application for Cps.Application Should Be Dismissed W/O Prejudice & Util Should Not Be Required to Pay Intervenor Costs & Atty Fees.Certificate of Svc Encl ML20052F9261982-05-12012 May 1982 Memorandum & Order Granting Applicant Motion for Leave to File Response to Intervenor 820429 Response to Applicant Motion to Withdraw.Nrc Oral Request to File Answer 10 Days After Applicant Response Served Granted ML20052F9151982-05-10010 May 1982 Response Opposing Applicant Motion for Leave to File Reply. No New Issues Raised in Response & Mere Fact Motion Superficial Not Valid Reason for Allowing Reply ML20052E5541982-05-0606 May 1982 Motion for Leave to File Reply to Intervenor 820429 Response to Util Motion to Withdraw Application for CPs W/O Prejudice.Factual & Legal Arguments in Intervenor Response Could Not Be Anticipated.Certificate of Svc Encl ML20052D0671982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Motion Granted by ASLB on 820504 ML20052D0621982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Certificate of Svc Encl ML20052C7221982-04-29029 April 1982 Response to Applicant Motion to Withdraw.Proceeding Should Be Dismissed W/Prejudice & Costs,Fees & Expenses Paid by Applicant.Certificate of Svc Encl ML20054E1661982-04-21021 April 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054E0491982-04-19019 April 1982 Motion to Withdraw Application for CPs W/O Prejudice. Intervenors Failed to Meet Compelling Burden of Justification to Establish Demonstrated Injury in Order to Dismiss Applications W/Prejudice.Certificate of Svc Encl ML20050C1271982-04-0101 April 1982 Memorandum & Order Directing Applicant to File New Motion to Withdraw from Proceeding W/Aslb,Addressing Intervenor Requested Relief & Listed Decisions.Intervenor Answer Due 10 Days After Svc & NRC Answer 5 Days Later ML20049J9641982-03-24024 March 1982 Memorandum & Order ALAB-668,vacating LBP-78-25,LBP-78-34 & LBP-80-9 on Grounds of Mootness.Util Filed Motions on 820302 for Leave to Withdraw Applications W/O Prejudice & to Terminate Ongoing Proceedings ML20042A9101982-03-22022 March 1982 Response to Util 820320 Motion to Withdraw Application & Terminate Proceedings.Motion Not Opposed But Recommends Motion Be Referred to Aslb.Matter Relates to General ASLB Jurisdiction Which Has Not Expired.W/Certificate of Svc ML20042B2391982-03-19019 March 1982 Motion for Leave to File Reply to Intervenor 820311 Response to Motion to Withdraw Applications.Intervenor Response in Requesting Dismissal Be W/Prejudice Is in Fact Motion for Addl Relief.Certificate of Svc Encl ML20041F7821982-03-11011 March 1982 Response to Applicant Motion to Withdraw.Motion Should Be Granted & Proceeding Terminated W/Prejudice.Applicants Should Pay All Intervenor Costs Including Atty Fees. Certificate of Svc Encl ML20069B9541982-03-0202 March 1982 Motion to Withdraw W/O Prejudice CP Applications.Board of Directors Voted to Withdraw Applications on 820223. Proceedings Should Be Terminated as Moot.Certificate of Svc Encl ML20041C3451982-02-19019 February 1982 Point of Information Notifying All Parties That Any Attempt by Applicant to Salvage Findings Produced by Incomplete Info,Studies & Misleading Pressure & Haste Should Be Rejected.Certificate of Svc Encl ML20040F3761982-02-0303 February 1982 Notice of Appearance in Proceeding ML20040A8261982-01-11011 January 1982 Opposition to Matl in Intervenors 820106 Response to Aslab 811229 Order & Request to Strike.Info Comparing Lake Level of Lake Norman W/High Rack Lake in Fall 1981 Should Not Be Received by Aslab.Certificate of Svc Encl ML20039E9941982-01-0505 January 1982 Response to Order.Motion to Consider New Evidence & Reopen Record Designation for High Rock Lake Association,Inc Was Incorrect.Info Listed Re Lake Level.Certificate of Svc Encl ML20039D0431981-12-29029 December 1981 Order Directing Counsel Representing Ma Davis & Yadkin River Committee to Explain Inconsistency in 811208 Motion to Consider New Evidence & Reopen Proceeding That Was Signed for High Rock Lake Association,Inc.Explanation Due 820111 ML20039C7211981-12-28028 December 1981 Answer Opposing Nonparty High Rock Lake Association,Inc 811208 Motion to Consider New Evidence & Reopen Proceeding. Existence of Sufficient New Evidence Not Demonstrated. Certificate of Svc Encl ML20039C2371981-12-23023 December 1981 Response Opposing Intervenors 811208 Motion to Consider New Evidence & Reopen Proceeding.Motion Fails to Meet Stds for Reopening Proceeding.New Evidence Is Unsupported Allegation of Recreational Use.Certificate of Svc Encl ML20062M2061981-12-0808 December 1981 Motion to Consider New Evidence & Reopen Proceedings.New Evidence Consists of Extensive Use of High Rock Lake During Fall & Lack of Any Rule Re Curve Protection.Certificate of Svc Encl ML20031A3391981-09-18018 September 1981 Response Opposing Licensees 810622 Petition for Extension of Effective Deadline of CLI-80-21 & NRC 810731 Response Recommending 1-yr Extension.No Justification That Utils Unable to Qualify Equipment.Certificate of Svc Encl ML20030D9341981-09-14014 September 1981 Answer Opposing Ucs 810831 Motion Re CLI-80-21 & Utils 810622 Petition for Extension of Deadline.Matter Should Not Be Docketed as Involving Ucs Petition.Ucs Should Not Be Added to Svc List.Certificate of Svc Encl ML20010E5131981-08-31031 August 1981 Motion for Opportunity to Respond to Utils 810622 Petition for 13-month Extension of 820630 Deadline Imposed by CLI-80-21 & NRC 810731 Response.Requests Svc of Past & Future Filings.Certificate of Svc Encl ML20009A2391981-07-0707 July 1981 Answer That Petitioners Do Not Object to NRC 810629 Motion for Leave to Defer Response to 810622 Petition Until 810731. Certificate of Svc Encl ML19350F1551981-06-22022 June 1981 Petition,On Behalf of 18 Licensees Operating &/Or Constructing Nuclear Power Plants,Requesting 13-month Extension Until 830729 for Qualification of safety-related Electrical Equipment Per NUREG-0588 (CLI-80-21) ML19350F1691981-06-19019 June 1981 Affidavit That Licensees Could Not Meet CLI-80-21 820630 Deadline Due to Lack of Appropriate Regulatory Guidance to Allow Utils to Proceed W/Qualification,Replacement or Reanalysis of Equipment.W/Certificate of Svc ML19350D6531981-05-14014 May 1981 Order Adopting Applicant 810505 Position That Proceeding Be Partially Stayed for Two Yrs ML20008G1181981-05-0505 May 1981 Response Transmitting Replies to ASLB 810428 Order Which Inquired Into Impact Conclusions in 810402 Nucleonics Week Rept Might Have on Future Plans.Replies Were Previously Submitted for Similar Requests.W/Certificate of Svc ML19343D6101981-04-30030 April 1981 Response in Opposition to Intervenor 810416 Pleading. Commission Regulations Prohibit Response,So Pleading Should Be Stricken.Item 3 of D Springer to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc Encl ML19345H1601981-04-28028 April 1981 Order Directing Applicant to Respond to Inquiry Into 810402 Nucleonics Wk,Vol 22,Number 13 Article Re Cancellation Plans for Facilities.Parties Will Be Allowed to Respond to Util Statements ML19347E4101981-04-23023 April 1981 Testimony Re IE Investigation Rept 79-19 & 800430 Show Cause Order.Prof Qualifications Encl ML20003F6751981-04-16016 April 1981 Intervenors Response.Use of Site More than one-half Mile North of Other Two Sites Was Prejudicial to Site Comparison W/Facility ML20003E8641981-04-15015 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record Based on Misidentification & Portrayal of Lake Norman.Motion Contains Only Allegation,Unsupported by Facts. Affidavit,Maps & Certificate of Svc Encl ML19345G8841981-04-13013 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record.Motion Is Untimely & Lacks Showing of Good Cause. Intervenor Allegation Insignificant & Would Not Alter Result ML19345G8871981-04-10010 April 1981 Affidavit Re Maps Submitted W/Intervenor 810401 Motion for Reopening of Record.Maps Portray Same Sites Visited by Applicant,Nrc & Intervenor Representatives.Certificate of Svc Encl ML19350D0711981-04-10010 April 1981 Motion to Correct Official Transcript of 810401 Oral Argument in Bethesda,Md.Thirteen Corrections Listed to Be Included in Record to Accurately Reflect Statements of Counsel.Certificate of Svc Encl ML20003F8011981-04-10010 April 1981 Motion to Correct Transcript of 810401 Oral Hearing.Granted for Aslab on 810414 ML19350C6171981-04-0101 April 1981 Transcript of 810401 Hearing in Bethesda,Md Re Cps. Pp 1-87 ML20126H5041981-03-31031 March 1981 Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.Certificate of Svc Encl ML19343C8561981-03-20020 March 1981 Memorandum Discussing Reasons to Continue Appeal from ASLB 800222 Partial Initial Decision Despite Unclear Util Plans. Recommends Proceeding Since Adequate Assessment Can Not Be Made of Difference Time Will Make to Water Adequacy Issue ML20003C8761981-03-17017 March 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20003C7311981-02-12012 February 1981 Unofficial Transcript of Commission 810212 Meeting in Washington,Dc Re SECY-81-20 Policy on Proceeding W/Pending CP & Mfg License Applications.Pp 1-115 ML19341B6091981-01-23023 January 1981 Notice of Rescheduled 810401 Oral Argument on Appeal of Intervenors Ma Davis & Yadkin River Committee from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl ML19341A8061981-01-22022 January 1981 Order Granting Applicant Motion to Postpone Oral Argument on Appeal from ASLB 800222 Partial Initial Decision Until 810401.Certificate of Svc Encl ML20002E1381981-01-21021 January 1981 Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl ML19340F0971981-01-13013 January 1981 Order Setting 810218 Oral Argument in Bethesda,Md Re Intervenors Ma Davis & Yadkin River Committee Appeal from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl 1982-06-14
[Table view] |
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UNITED STATES OF AMERICA Q$1 gg
-3 NUCLEAR REGULATORY COMMISSION g ce o,
In the Matter of
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DUKE POWER COMPANY
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Docket Nos. STN 50-488
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STN 50-489 (Perkins Nuclear Station,
)
STN 50-490 Units 1, 2 and 3)
)
APPLICANT'S RESPONSE TO PETITION TO INTERVENE On April 15, 1980, David Springer filed a Petition to Intervene 1/ in the above captioned proceeding.
By oral order this Atomic Safety and Licensing Board
(" Licensing Board")
extended the time for Applicant to file a response until May 9, 1980.
Such response is contained herein and for the reasons set forth below, Applicant urges that the Petition be denied.
1/
In his petition Mr. Springer also requested the Board to
" appoint independent Staff who will competently and with integrity develop and represent the public interest";
or, for " Chairman, NRC, after.due public hearing,
[to] appoint special staff to represent the public interest.
Applicant maintains that the appoint-ment of " independent Staff" is contrary to the Commis-sion's regulations.
See 10 CFR Part I which establishes that the regulatory staff, and not an independent entity, is to perform the duties advanced by Petitioner.
Accordingly, this aspect of Mr. Springer's pleading should be dismissed and the instant petition should be treated solely as a petition to intervene.
8006120 o GALp
<, This is not the first time Mr. Springer has sought to intervene in this proceeding.
On July 26, 1976 and April 22, 1977, well after the deadlines for such filing had expired, 2/
Mr. Springer filed petitions to intervene 3/.
This Board's denial of Mr. Springer's petitions (Order of July 15, 1977) was affirmed by the Appeal Board in ALAB-431, 6 NRC 460, (1977).
The Appeal Board in reaching its decision stated that:
[Even if Mr. Springer's interest could not be adequately protected by others in this proceeding]
[as] a matter of virtual certainty a grant of this petition at this juncture would not merely broaden the issues but, as well, bring about significant delay in the completion of this pro-ceeding.
Given the want of any justification for petitioner's extreme tardiness, the Licensing Board was quite right in declining to countenance such a result.
6 NRC at 464.
Now, over five and one-half years late, Mr. Springer again seeks leave of the Board to intervene in this pro-ceeding. Significantly, as the basis for his specific interest, Mr. Springer incorporates the grounds advanced in his previously rejected petitions.
2/
By notice of July 19, 1974 (39 Fed. Reg. 26470) the deadline for filing petitions for leave to intervene in this proceeding was August 19, 1974.
3/
In addition, on May 3, 1977, Mr. Springer filed an
" Affidavit of Basis for Contentions Raised in the Petition to Intervene and Request for Hearing on New Issues Raised by the National Energy Policy and Appalachian Power Company
- v. Train."
. Moreover, Mr. Springer makes no attempt to justify the extreme tardiness of his instant petition.
In short, Mr. Springer's petition is so defective as to warrant its summary denial. 10 CPR S2.714(a).
See Perkins,. supra; Project Management Corp.
(Clinch River Breeder Reactor Project), ALAB-345, 4 NRC 383, 394-5 (1976).
In addition to the above, the substance of the instant petition does not warrant affirmative relief.
Mr. Springer alleges that the Staff misled this Board with respect to the State of North Carolina's position on use of once-through cooling.
Not only is this allegation totally unsupported, but documents circulated to all parties clearly establish the actual position of the State of North Carolina _4/.
An examination of the record reflects that the NRC Staff did not misrepresent the state's position (e.g., Tr. 3091, 3107, and 3112).
Indeed, the Assistant Attorney General of the State of North Carolina was present at the time of the Staff testimony; rather than opposir such testimony he presented testimony which supported that of the Staff.
(Tr. 2956-2957).
In sum, Mr. Springer's allegation, upon which is l
l 4/
E.g.,
letter of November 28, 1979, from the Director of the Division of Environmental Management, State of North 1
Carolina to Mr. Charles A.
Barth, NRC; and letter of October 19, 1978 from L.P.
Benton, Chief Environmental e
Operations Section, Division of Environmental Management, State of North Carolina to Mr. Charles A.
Barth, NRC.
_ ~. _ _ _ _ _ _ _
._y_.
' based the requested relief, is in' addition to being untimely, unsupported by the facts, From the above, Applicant requests that the instant petition be denied. 5/
Respectfully submitted, WWf
./
. Michael McGarry,/1II C/
/DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9800 Attorney for Duke Power Company Of Counsel:
William L.
Porter, Esq.
Associate General Counsel Duke Power Company May 9, 1980 5/
If Mr. Springer's petition is viewed as a petition to reopen the record and reconsider the evidence, Applicant maintains that his petition falls short of the stringent standards established regarding such motions.
See Metro-politan Edison Company (Three Mile Island Nuclear Station, Unit 2), ALAB-486, 8 NRC 9, 21-22 (1978).
In any event, it is clear that such action is only open to parties to the proceeding.
10 CFR S2.771; see Pacific Gas & Electric Company (Diablo Canyon Nuclear Station, Units 1 and 2),
ALAB-583, 11 NRC __ (March 12, 1980); Duke Power Company (Perkins Nuclear Station, Units 1, 2, and 3), ALAB-433, 6 NRC 469 (1977).
In that party status is a prerequisite to consideration of motions to reopen or reconsider, Mr. Springer must first establish his entitlement to such status before the issue of reopening or reconsideration can be entertained.
As noted above, Applicant maintains that Mr. Springer has failed to make such a showing.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Docket Nos. STN 50-488 DUKE POWER COMPANY
)
STN 50-489
)
STN 50-490 (Perkins Nuclear Station
)
Units 1, 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to Petition to Intervene," dated May 9, 1980 in the captioned matter, have been served upon the following by deposit in the United States mail this 9th day of May, 1980.
Eli 2beth S. Bowers William A.
Raney, Jr., Esq.
C, airman, Atomic Safety Special Deputy Attorney and Licensing Board General U.S. Nuclear Regulatory State of North Carolina Commission Department of Justice Washington, D.C.
20555 Post Office Box 629 Raleigh, North Carolina 27602 Dr. Donald P. deSylva Associate Professor of William G.
Pfefferkorn, Esq.
Marine Science 2124 Wachovia Building Rosenstiel School of Marine Winston-Salem, North Carolina 27101 and Atmospheric Science Universitir of Miami David Springer Miami, Florida 33149 The Point Farm, Rt. #4 Mocksville, North Carolina 27028 Dr. Walter H. Jordan 881 West Outer Drive Mary Apperson Davis Oak Ridge, Tennessee 37830 Route 4 Box 261 William L.
Porter, Esq.
Mocksville, North Carolina 27028 Associate General Counsel Duke Power Company Chairman, Atomic Safety and Post Office Box 2178 Licensing Board Panel Charlotte, North Carolina.28242 U.S. Nuclear Regulai nry Commission Charles A. Barth, Esq.
Washington, D.C.
20555 Counsel for NRC Regulatory
' Staff Chairman, Atomic Safety and.
Office of the Executive Licensing Appeal Board Legal Director U.S. Nuclear Regulatory i
U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
, a 2-i b
Mr. Chase R. Stephens Docketing and Service Station i
Office of the Secretary U.S. Nucle. ir Regulatory Commission Washington, D.C.
20555 I
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.' Michael McGarry/ III
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