ML19326D738
| ML19326D738 | |
| Person / Time | |
|---|---|
| Site: | Perkins  |
| Issue date: | 07/01/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ALAB-597, NUDOCS 8007030243 | |
| Download: ML19326D738 (4) | |
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UNITED STATES OF AMERICA 7/1/80 NUCLEAR REGULATORY C0!NISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of DUKE POWER COMPANY
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Docket Nos. STN 50-488
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50-489 (Perkins Nuclear Station
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50-490 Units 1, 2 and 3)
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NRC STAFF'S SUPPLEMENT TO ITS OPPOSITION TO INTERVEN0RS' MOTION TO RECONSIDER OR REOPEN THE RECORD On June 26, 1980, the Staff filed its opposition to the Intervenors' motion to reconsider or reopen the record in the present proceeding.
In that response, the Staff argued, inter alia, that the Intervenors' idotion was untimely filed in that the ten day period prescribed by 10 C.F.R. 52.771 for the filing of motions for reconsideration had elapsed.
In its recent Memorandum and Order (ALAB-597) filed in this proceeding on June 20, 1980, the Appeal Board ruled upon a request by the Intervenors for i
an extension of time to file their exceptions to the February 22, 1980 partial initial decision of the Licensing Board in this case. LBP-80-9, 11 NRC 310.
In that opinion the Appeal Board observed that:
In this regard, there is no substance to the Staff's argument to us that Intervenors' June 6 motion [for reconsideration] must be deemed untimely because not filed within 10 days of the rendition of the partial initial decision. The ten day limitation contained in 10 CFR 2.771(a) - upon which the staff relies -
is in terms applicable solely to final Commission decisions (i.e., those decisions rendered upon ultimate appellate review of initial decisions (see 10 CFR 2.770)). ALAB-597, slip op. at 8, n. 9.
80070302b ' G
. i In view of the Appeal Board's ruling noted above, the NRC Staff withdraws the argument presented to the Licensing Board in its June 26, 1980 pleading and no longer asserts that the Intervenors' motion was untimely filed. The Staff does, however, reaffirm its position that the motion should be denied in that it fails to meet the standards for reconsideration or reopening.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. STN 50-488 DUKE POWER COMPANY
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STN 50-489 (Perkins Nuclear Station 1
STN 50-490 Units 1, 2 and 3)
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CERTIFICATE'0F SERVICE I hereby certify that copies of NRC STAFF'S SUPPLEMENT TO ITS OPPOSITION TO INTERVEN0RS' MOTION TO RECONSIDER OR RE0 PEN THE RECORD, in the above-captioned proceedin~g have been served on the following by deposit in the United States nail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 1st day of July,1980.
- Elizabeth S. Bowers, Esq., Chairman Willia.n A. Raney, Jr., Esq.
Atomic Safety and Licensing Board Special Deputy Attorney General U.S. Nuclear Regulatory Commission P.O. Box 629 Washington, D.C.
20555 Raleigh, North Carolina 27602 Dr. Donald P. deSylva William L. Porter, Esq.
Associate Professor of Marina Associate General Counsel Science Duke Power Company Rosenstiel School of Marine 422 South Church Street and Atmospheric Science Charlotte, North Carolina 28242 liniversity of Miami Miami, Florida 33149 William G. Pfefferkorn, Esq.
P.O. Box 43 Dr. Walter H. Jordan
.Winston-Salem, North Carolina 27102 881 W. Outer Drive Oak Ridge, Tennessee 37830 Mrs. Mary Davis Route 4 J. Michael McGarry, III, Esq.
Box 261 Debevoise and Liberman Mocksville, North Carolina 27028 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 Quinten Lawson, Esq.
Federal Energy Regulatory Commission
- Room F611 885 North Capitol, N.E.
Washington, D.C.
20426 4
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- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- 00cketing and Service Section.
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 4
Charles A. Barth' Counsel for NRC Staff e
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