ML19323H030

Motion to Terminate Stay of ASLB 800418 Initial Decision Due to NRC 800523 Issuance of Suppl 3 to Ser.Requests Expeditious Issuance of full-term OL & Commencement of Initial Fuel Loading in Late Summer.W/Certificate of Svc

ML19323H030
Person / Time
Site:	McGuire, Mcguire
Issue date:	05/30/1980
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006110205
Download: ML19323H030 (5)

Text

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DOCKETED S UNITED STATES OF AMERICA N --.\

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NUCLEAR REGULATORY COMMISSION 02 JUN 31980 > S

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r, Dcd.stieg&se BEFORE THE ATOMIC SAFETY AND LICENSING BO. g 6 s ,

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DUKE POWER COMPANY ) Docket Nos. 50-369 '

' ) 50-370 (William B. McGuire Nuclear ) _

Station, Units 1 and 2) ).

MOT [ON TO TERMINATE STAY OF INITIAL DECISION 1

l On September 18, 1970, Duke Power Company (" Applicant") I l

filed an appl.. cation with the Atomic Energy Commission, now I l

the Nuclear Regulatory Commission 1/ (" Commission" or "NRC") , l for a license to construct and operate the William B. McGuire Nuclear Station, Units 1 and 2 ("McGuire" or " facility"). On February 28, 1973, after extensive hearings, construction permits for both units were issued. Subsequently, on April 18, 1979, after extensive hearings, the Atomic Safety and Licensing Board i

(" Licensing Board") issued an Initial Decision with respect to l i

applications for operating licenses for the facility. Duke Power 1 Company (William B. McGuire Nuclear Station, Units 1 and 2) ,

LBP-79-13, 9 NRC 489 (1979). Therein, the Licensing Boar'd, on the l

1/ Pursuant to the Energy Reorganization Act of 1974, 42 U.S.C.

S5801 et seq., the Nuclear Regulatory Commission succeeded to the licensing and regulatory functions of the Atomic Energy Commission.

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,! basis of specific findings of fact and conclusions of law derived i

j therefrom, ordered that the Director of the Office of Nuclear i

Reactor Regulation, upon making requisite findings with respect to .

I matters not embodied in the Initial Decision, was authorized to issue operating licenses for the unita. 9 NRC at pp. 547-8.

However, the Licensing Board stayed the effectiveness of . tie

! Initial Decision "until further order by the Board following the f issbknce of a Supplement to the NRC Staff's Safety Evaluation Report addressing the significance of any unresolved generic i safety issues. " Id.

On May 23, 1980, the NRC Staff issued " Supplement No. 3 To The Safety Evaluation Report."

Applicant is of the view that this d cument properly addresses generic safety issues in compliance with th'e' Licensing Board's directive. See'9 NRC at p. 545. Thus, in light of this issuance,2/ Applicant requests that this Licensing l

Board' issue an order terminating its st'ay of its April 18, 1979 Initial Decision and providing the customary instruction respecting h

appellate rights (10 CFR S2.760 (c) (4)) 3/ Thereafter, Applicant will seek expeditious issuance of a'fhll term operating license 5

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2/ Applicant maintains that no additional findings of fact or conclusions of law are necessary in this regard. As this Licensing Board stated all that is necessary is "the NRC Staff's Safety Evaluation Report [which] should contain a summary description of those generic problems under continuing

study which have both relevance to facilities of the type under review and potentially significant public safety implications."

9 NRC at 545' .

3/ See Unpublished Order of the Appeal Panel Chairman dated June.:21, 1979 concerning this proceeding.

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'A. l as authorized in'the Initial Decision such that initial fuel load-m .. _

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! J.iiE~of J McGuire Unit l' hill begin in late summer, 1980.S! Applicant 1

]:i is cognizant of outstanding items arising from the Three Mile ll Island accident which must be resolved prior to issuance of an /

j operating license. However, inasmr.ch as~these matters are not in

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. controversy before this Board, they can properly be left to resolu-

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tion between the Staff and Applicant. Such a course is consistent I with this Board's Initial Decision. 9 NRC 547.

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'[ Respectfully submitted, I

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. t J. ' Michael McGarp, III

.__ Counsel for Duke Power Company 4 --

DEBEVOISE & LIBERMAN 1 - 1200 Seventeenth Street, N.W.

. , , _ - ., . Washington, D.C. 20036 (202) 857-9800 1 .

Of' Counsel:

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William Larry Porter, Esq. -

Associate General Counsel Duke Power Company '

h May 30, 1980

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-4/ Applicant notes that'the Commission's Policy Statement regarding suspension of 10 CFR S2.764 does not apply to this proceeding in that a complete initial decision was issued by this Licensing Board prior to the effective

date of the Policy Statement. 44 Fed. Reg. 65049, 65051 (November 9, 1979). .

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UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION ,

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= BEFORE THE ATOMIC SAFETY AND LICENSING BOARD -

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[ In the Matter of )

I ) '# N.it*M l: DUKE POWER COMPANY,, ) Docket Nos. 50-369

._) 50-370 l (William B. McGuire Nuclear. )

l Station, Units 1 and 2) )

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i j CERTIFICATE OF SERVICE

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i' I hereby certify that copies of " Motion to Terminate Stay

of Initial Decision," dated May 30, 1980 in the captioned z matter, have been served upon the following by deposit in the

.' United States mail this 30th day of May.

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Robert M. Lazo, Esq. Edward G. Ketchen, Esq.

Chairman, Atomic Safety and Counsel for NRC Regulatory Licensing Board -

Staff

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U.S. Nuclear Regulatory Office of the Executive Commission Legal Director

. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. Emmeth A. Luebke Washington, D.C. 20555 Atomic Safety and Licensing Board .

William L. Porter, Esq.

U.S. Nuclear Regulatory Associate General Counsel Commission -- Duke Power Company Washington, D.C._ 20555 , Post Office Box 2178-Charlotte, North Carolina 28242 Dr. Cadet H. Hand, Jr.

Director Chairman Bodega Marine Laboratory Atomic Safety and Licensing

'of California Board Panel Post Office Box 247 U.S. Nuclear Regulatory Bodega Bay, California 94923 Commission Washington, D.C. 20555

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Mr;, Jesse L.Riley President ~

Carolina Environmental Study Group 854 Henley Place ~ ~ ~ ~

Charlotte, North Ca'rolina 222.07 _

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1 Chairman, Atomic Safety and . Chase R. Stephens Licensing Appeal Board Docketing & Service Section U.S. Nuclear Regulatory Office of the Secretary

Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission

Washington, D.C. 20555 G

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