Notice of Appeal from ASLB Order Denying Appellant 800415 Motion.Nrc Misrepresented to ASLB State Position Re Availability of once-through-cooling.No Consideration Given to Alternative Sites| ML19338C801 |
| Person / Time |
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| Site: |
Perkins  |
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| Issue date: |
09/02/1980 |
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| From: |
Springer D
AFFILIATION NOT ASSIGNED |
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| To: |
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| Shared Package |
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| ML19338C800 |
List: |
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| References |
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| NUDOCS 8009050300 |
| Download: ML19338C801 (2) |
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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
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
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
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
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
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 810412 Ltr to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc 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
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
ML20126H5041981-03-31031 March 1981
Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.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
ML19340D9451980-12-31031 December 1980
Brief in Opposition to Intervenor 800829 Exceptions to ASLB 800222 Partial Initial Decision 3 Holding No Obviously Superior Alternative Site Exists.Decision Should Be Affirmed.Certificate of Svc Encl
ML19345B3001980-11-24024 November 1980
Request for Extension Until 801231 to File Brief Supporting 801028 Exceptions Due to Heavy Case Load.Certificate of Svc Encl
ML19339B0261980-10-28028 October 1980
Exceptions & Notice of Appeal from ASLB 800222 Partial Initial Decision Approving Alternate Site Analysis. Uncontradicted Evidence of Water Defect Was Disregarded by Aslb.Certificate of Svc Encl
ML19337A4761980-09-24024 September 1980
Responsive Brief in Opposition to D Springer 800902 Notice of Appeal from ASLB 800814 Order Denying Petition to Intervene.Urges Affirmation of Order Due to Unjustifiable Late Intervention.Certificate of Svc Encl
ML19338E1751980-09-18018 September 1980
Motion for 30-day Extension to File Brief Re Intervenors' 800829 Exceptions to ASLB 800222 Partial Initial Decision. Counsel Involved in Serious Family Matter.Certificate of Svc Encl.Granted on 800922
ML19338C8021980-09-0202 September 1980
Brief of D Springer in Support of 800415 Petition to Hear Oral Argument Re Opposition to Location of Facilities.No Consideration Given to How Energy,Water & Financial Resources Can Be Conserved.Certificate of Svc Encl
ML19338C8011980-09-0202 September 1980
Notice of Appeal from ASLB Order Denying Appellant 800415 Motion.Nrc Misrepresented to ASLB State Position Re Availability of once-through-cooling.No Consideration Given to Alternative Sites
ML19331D8761980-08-29029 August 1980
Notice of Appeal from ASLB 800222 Partial Initial Decision Re Alternative Sites.Seeks Exceptions Re ASLB 780717 Order Which Limited Reopening of Record to Evidence Re Staff Analysis of Site Alternative.Certificate of Svc Encl
ML19331B9871980-08-0606 August 1980
Brief in Support of 800415 Petition to Intervene.Relies on Appalachian Vs Train Re Finding That Cooling Lakes Are Best Technology Available Per Epa.Urges Participation as Matter of Discretion.Certificate of Svc Encl
ML19320A6591980-06-27027 June 1980
Request for 30-day Extension to File Brief in Support of D Springer 800415 Petition to Intervene & Request for Hearing.Certificate of Svc Encl
ML19318B3281980-06-23023 June 1980
Response in Opposition to Intervenors' 800606 Motion to Reconsider or Reopen Record.Applicant Has Already Opposed D Springer Petition & Affidavit,On Which Intervenors' Motion Was Based,As Untimely & Unsupported.Certificate of Svc Encl
ML19318A7801980-06-18018 June 1980
Response in Opposition to Intervenors' 800611 Motion for Addl Time to File Exceptions to ASLB 800222 Partial Initial Decision Re Alternate Site Issue.Motion Is Based on Springer Affidavit Which Was Opposed by Util.W/Certificate of Svc
ML19312F0081980-06-11011 June 1980
Motion for Extension Until 800825 or After to File Exceptions to ASLB 800222 Partial Initial Decision.Awaited Resolution of Petition to Reopen Record Based on D Springer Affidavit May Make Appeal Unnecessary.W/Certificate of Svc
ML19316B0951980-06-0909 June 1980
Response in Opposition to D Springer 800415 Affidavit Re 800415 Petition Requesting 60-day Extension to File Documents Supporting Allegations.Adheres to 800509 Position. Certificate of Svc Encl
ML19316B1261980-06-0606 June 1980
Motion to Reconsider ASLB 800222 Decision or to Reopen Record Due to Reasons Stated in D Springer Affidavit. Certificate of Svc Encl
ML19318A3001980-05-21021 May 1980
Affidavit in Support of D Springer 800415 Petition Alleging That Neither NRC or ASLB Has Fully Considered Potential for once-through Cooling & Tower Cooling.Supporting Documentation & Certificate of Svc Encl
ML19323G7751980-05-0909 May 1980
Response in Support of D Springer Petition to Intervene.Addl Info May Be Helpful in Reaching Proper Decision.Certificate of Svc & Supporting Documentation Encl
ML19316B1871980-05-0909 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
ML19323F4911980-04-30030 April 1980
Request for Extension Until 800509 to Respond to D Springer 800415 Petition to Intervene.Petition Was Served at Old Address of Counsel.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
ML19254F8701979-10-16016 October 1979
Reply in Opposition to Applicant 791009 Response.Nrc re-examination of 790924 Pleading Issues Requires Full Hearing.Decision on Alternate Site & Generic Safety Matters Is Premature.Certificate of Svc Encl
ML19210B7691979-10-0909 October 1979
Response to NRC 790924 Motion for Prehearing Conference.No Prehearing Conference Needed Until Completion of TMI Investigations.Certificate of Svc Encl
ML19254E0611979-09-27027 September 1979
Motion Requesting Opportunity to Respond to NRC 790924 Pleading Directed to Intervenors' Motion to Dismiss or to Stay Proceedings.States Commitment to File Response on or Before 791009.Certificate of Svc Encl
ML19209D2621979-07-26026 July 1979
Affidavit Attesting That Purpose of 790615 Testimony Was to Discuss Util long-range Const Schedules & Plans. Ascertains That No Changes Have Occurred in Util Willingness to Build Facility
ML19249E9161979-07-25025 July 1979
Applicant Opposition to Intervenor Motion to Dismiss Proceedings Or,In Alternative,To Stay Action.Draft Affidavit by Wh Owen & Certificate of Svc Encl
ML19289E9281979-04-18018 April 1979
Opposes Intervenors' 790305 Motion to Reopen Record & Defer Indefinitely Issuance of Initial Decision on Generic Safety Issue Considerations.Certificate of Svc Encl
ML19289F0341979-03-21021 March 1979
Opposes Intervenors 790305 Motion to Reopen Record for Addl Hearing.Requests Initial Decision Be Issued. Certificate of Svc Encl
1982-06-14
[Table view]
Category:NOTICES
MONTHYEARML20054E1661982-04-21021 April 1982
Notice of Appearance in Proceeding.Certificate of Svc Encl
ML20040F3761982-02-0303 February 1982
Notice of Appearance in Proceeding
ML19338C8011980-09-0202 September 1980
Notice of Appeal from ASLB Order Denying Appellant 800415 Motion.Nrc Misrepresented to ASLB State Position Re Availability of once-through-cooling.No Consideration Given to Alternative Sites
ML19331D8761980-08-29029 August 1980
Notice of Appeal from ASLB 800222 Partial Initial Decision Re Alternative Sites.Seeks Exceptions Re ASLB 780717 Order Which Limited Reopening of Record to Evidence Re Staff Analysis of Site Alternative.Certificate of Svc Encl
ML19289D3651979-01-25025 January 1979
Advises That RP Wilson Replaces R Roberson Re All Correspondence in Proceeding
ML19289C3541978-12-15015 December 1978
Notice That Je Lansche Will Appear on Behalf of Util in Proceedings.Certificate of Svc Encl
1982-04-21
[Table view]
Category:OTHER LEGAL DOCUMENT
MONTHYEARML20054E1661982-04-21021 April 1982
Notice of Appearance in Proceeding.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
ML19338C8011980-09-0202 September 1980
Notice of Appeal from ASLB Order Denying Appellant 800415 Motion.Nrc Misrepresented to ASLB State Position Re Availability of once-through-cooling.No Consideration Given to Alternative Sites
ML19331D8761980-08-29029 August 1980
Notice of Appeal from ASLB 800222 Partial Initial Decision Re Alternative Sites.Seeks Exceptions Re ASLB 780717 Order Which Limited Reopening of Record to Evidence Re Staff Analysis of Site Alternative.Certificate of Svc Encl
ML19289D3651979-01-25025 January 1979
Advises That RP Wilson Replaces R Roberson Re All Correspondence in Proceeding
ML19289C3541978-12-15015 December 1978
Notice That Je Lansche Will Appear on Behalf of Util in Proceedings.Certificate of Svc Encl
1982-04-21
[Table view] |
Text
f%e 1 9 i 3-I 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 ) ,
p,e HOTICE OF APPEAL No tice is hereby given of appeal from Ofder of the Atomic Safety & Licensing Board denying appellant's motion of April 15,198' Grounds for appeal are:
(a) Staff has not discharged it's non-delegable duty to take an even handed hard look at alternate sites.
(b) Atomic Safety & Licensing Board has made no finding that Staff took 5n even handed hard look at alternats sites.
(c) Staff misrepresented to the Atotic Safety &
Licensing Board as to the position of the State re availability of once through cooling. This is distinguished from the Board being in fact mislead.
(d) It is strictly conjecture that a permit for once through cooling would not be granted for one or more 1280 Mw Perkin units at lake Norman. The difference is that tower cooling forever forecloses conservation of energy, water and financial resources.
(e) Staff must consider once through cooling possibility even though no application for a 401 permit has been 8 0 09050 E3()C)
filed.
(f) Staff has developed only ways water, energy and financial resources cannot be conserved.
(g) Staff has not complied with and the tomic S;ffety & Licensing Board has not found or required compliance with 10 CFR $0.20 (a), (b) and/or (c').
(h) Mentioning an alternative is far different than taking an even handed hard look at that alternative.
(i) It is error to base the irreysible and irretrivab commitment of energy, water and financial resources of the nation on the hearsay personal opinion of two State employees. Such commitment requires at minimum the supported opinion of the i
State body responsible.
(j) The Appeal Board should exercise the plenary power of the Commission and instruct Staff to defelope with an
.even hadded.:hard look the possibi?.ity of conserving energy, water amu financial resources..
(k) Appell' ant needs no standing to raise UEFA issues to the Board.
(k) The Apneal Board should exercise the plenary power of the Commission and allow appellant to intervene.
t
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Secon d Respectfully submftlid this ammm2. day
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i of November, '980. c- s- f
~bl fLlt%vr1V UA iD spi NGER The Point Farm, Rt. #4, Mocksville, North Carolina 27028 (Phone 919-998-8235 i
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