ML19323G738
| ML19323G738 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 05/30/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | DUKE POWER CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| LBP-80-09, LBP-80-9, NUDOCS 8006060572 | |
| Download: ML19323G738 (5) | |
Text
{{#Wiki_filter:- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O,, \\ \\ I 4 ATOMIC SAFETY AND LICENSING APPEAL BOARD 6 CCCETED \\ Ustmc C, Alan S. Rosenthal, Chairman Dr. John H. Buck JUN 1 1980 * -2 Richard S. Salzman Omce cf the Secrebry g cakeur g & Sada y /4 P' ) g In the Matter of ) ) DUKE POWER COMPANY ) Docket Nos. STN 50-488 ) 50-489 (Perkins Nuclear Station, Units 1, ) 50-490 2 and 3) ) ) ORDER May 30, 1980 On March 4, 1980, we entered an order in which, on our own initiative, we tolled the time for the filing of exceptions to the Feb nary 22, 1980 partial initial decision in this construc-tion permit proceeding. b/ We did so because of the then pend-ency before the Commission of a petition for review of our deci-sion in Rochester Gas and Electric Corp. (Sterling Power Project, Nuclear Unit No. 1), ALAB-502, 8 NRC 383 (1978). A principal issue raised by that petition was whether, in Sterling, we had properly interpreted the "obviously superior" standard previously laid down by the Commission for employment in the undertaking of 1/ LBP-80-9, 11 NRC 310. 8006060 (?Q 5
.o . alternate site analyses.- ! We thought that the Commission's resolution of that issue might have a bearing upon,the correct-ness of the February 22 decision here, which dealt specifically with the question whether there is any alternate site "obviously superior" to that proposed for the Perkins facility. The Commission has now spoken. CLI-80-23, 11 NRC (May 29, 1980). By a divided vote, it affirmed ALAB-502 and, more specifically, our application of the "obviously superior" standard in that decision. There is, therefore, no longer any reason to withhold our review of the February 22 partial initial decision. Any party desiring to file exceptions to it shall do so on or before June 23, 1980. Should exceptions be filed, the provisions of 10 CFR 2.762 with respect to the filing of briefs shall come into play. This order has no application to any other partial initial decisions previously rendered by the Licensing Board; i.e., it relates only to the resolution in the February 22 decision of the alternate site issue. d! --2/ See Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), CLI-77-8, 5 NRC 503, 526-30 (1977), affirmed sub nom. New England Coalition on Nuclear Pollution v. NRC, IFT F.2d 87 (1st Cir. 1978). --3/ As is implicit in the foregoing, we think that that issue warrants ultimate disposition as soon as practicable notwith-standing that other issues remain for decision below.
It is so ORDERED.1! FOR THE APPEAL BOARD _a ^ W \\ C. Je Q Bishop Secretary to the Appeal Board L s 1 ) l 4/ We are furnishing copies of the Commission's Sterling de-cision to counsel for all parties other than the NRC staff. l \\
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== sN5E UNITED STATES OF AMERICA NUCLEAR REGULATORY COMIISSION .;:u= :: ' In the Matter of ) c:::- =.= ) =:. DUKE POWER COMPANY ) Docket No.(s) 50-488 f.i. =gjz ) 50-489 (Perkins Nuclear Station, ) 50-490 E.= ~"=" '.l.~.~ .l.~j - Units 1, 2, and 3) ) i.., )
== ) ~ ~.r / i=.. ? CERTIFICATE OF SERVICE -., = I hereby certify that I have this day served the foregoing document (s) Ei# :!!=- upon each person designated on the official service list compiled by
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the Office of the Secretary of the Cor: mission in this proceeding in E? !== accordance with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Nuclear Regulatory Commission's Rules and p;,. Regulations. E!! -E g...... !2 :=.= H -5E !?E ' Dated at Washington .C. this h :!. E kT day of haf O_ 1916
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s==. UNITED STATES OF AMERICA li!i ~" NUCLEAR REGULATORY COMMISSION $55. In the Matter of ) b; ) E:. DUKE POWER COMPANY ) Docket No. (s) 50-488 FF= ) 50-489 (Perkins Nuclear Station, ) 50-490 [i Units 1, 2 and 3) ) E 2.B..E. SERVICE LIST Elizabeth S. Bowers, Esq., Chairman William L. Porter, Esq. Atomic Safety and Licensing Board Duke Power Company U.S. Nuclear Regulatory Comission 422 South Church Strret Washington, D.C. 20555 Charlotte, North Carolina 28242
== Dr. Donald P. de Sylva John R.B. Matthis, Esq. Associate Professor of Marine Science Department of Justice Rosentstiel School of Marine and P.O. Box 629 Atnospheric Science Raleigh, North Carolina 27602 University 6f Miami Miami, Florida 33149 Ms. Mary A. Davis, Chairman Yadkin River Committee Dr. Walter H. Jordan Route 4, Box 261 881 West Outer Drive Mocksville, North Carolina 27028 Oak Ridge, Tennessee 37849 William G. Pfefferkorn, Esq. Counsel for NRC Staff 2124 Wachovia Building Office of the Executive Legal Director Winston-Salem, North Carolina 27101 U.S. Nuclear Regulatory Cor: mission Washington, D.C. 20555 Mr. David Springer Point Shorthorn Farm J. Michael McGarry, III, Esq. Mocksville, North Carolina 27028 Debevnise and Liberman 1200 17th Street, N.W. Dr. John H. Buck Washington, D.C. 20005 Atomic Safety and Licensing Appeal Board Alan S. Rosenthal, Esq., Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Washington, D.C. 20555 .... ~. out Board U.S. Nuclear Regulatory Commission Richard S. Salzman, Esq. Washington, D.C. 20555 Atomic Safety and Licensing Appeal = = - Board Duke Power Company U.S. Nuclear Regulatory Commission llj{ - ATTN: Mr. L.C. Dail, V. President Washington, D.C. 20555 g;gz Design Engineering e.si.si.'?O P.O. Box 2178 $2-Charlotte, North Carolina 28242 '~ ..] 7.**:.*:
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