ML19339C911

Forwards Testimonies of AD Miller,Ks Canady,La Reed,Hb Barron,Ra Muench,Dl Canup,Wh Rasin,Rb Priory,Rs Orr,D Goeser,B Karlouitz,B Lewis,E Mchale & Hb Tucker to Be Presented at Reopened Hearings.Certificate of Svc Encl

ML19339C911
Person / Time
Site:	Mcguire, McGuire
Issue date:	02/09/1981
From:	Mcgarry J DEBEVOISE & LIBERMAN
To:	Cole R, Lazo R, Luebke E Atomic Safety and Licensing Board Panel
Shared Package
ML19339C912	List: ML19339C911 ML19339C914 ML19339C915 ML19339C916 ML19339C919 ML19339C920 ML19339C921 ML19339C922 ML19339C923 ML19339C925 ML19339C926
References
NUDOCS 8102120306
Download: ML19339C911 (4)

Text

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. 2 February 9, 1981

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La::o , Esq . C,.

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Robert M.

Chairman Atomic Safety and Licensing Board Dr. Richard F. Cole U.S. Nuclear Regulatory Administrative Judge Commission U.S. Muclear Regulatory Washington, D.C. 20555 Commission Atomic Safety and Licensina Dr. Emmeth A. Luebke Board Panel Atomic Safety and Licensing Washington, D.C. 20555 Board U.S. Nuclear Regulatory Ccmmission Washington, D.C. 20555

Subject:

Applicant's Prefiled Testimony Gentlemen:

Attached hereto is the testimony which Applicant intends to present at the upcoming reopened evidentiary hearings. This testimony is filed pursuant to 10 CFR 2.743(b). In addition to the testimony Applicant will request that amendments to the Application (Applicant's Exhibit 3) , the Final Safety Analysis Report (Applicant's Exhibit 2) , and the Environmental Report-Operating License Stage (Applicant's Exhibit 1) , which were made subsequent to the close of the record in 1978, be received into evidence. These snendments include Applicant's emergency plan. -Also, Applicant has provided information to the Staff relative to the hydrogen generation issue. This information _

was furnished to the Intervenor in discovery. We are hereby providing a copy of this information to each Board member and will request that it be received in evidence.

Applicant is of the view that the record should reflect the facts of the Three Mile Island accident relative to the Such are set forth in the Kemeny generation of hydrogen.

Commission Report (Report of the President's Commission on The Accident at Three Mile Island), Rogovin Committee Report (Three 9 s'$as i /

B3021201hC)b

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Mile Island, A teport to the Commissioners and to the Public),

and NUREG-0600 (Investigation Into The March 28, 1979 Three Mile Island Accident By Office Of Inspection And Enforcement).

We would ask the Board to take official notice of these docu-ments pursuant to 10 CFR $2.74 3 (i) for the limited purpose of establishing the facts relative to the accident and not for the recommendations set forth therein. We would note that these documents are readily accessible official covernment documents.

In the event such documents are not officially noticed, Appli-cant will be prepared to present testimony, includine that of

' Alan Miller, which will factually describe the ceneration of hydrogen during the TMI accident.

Applicant has stated in several conference calls that the schedule for timely ascension to full power is in jeopardy due to the time associated with the reopened hearing and the impact that Appendix B to Part 2 has on the proceedinc. It is imper-ative that the limited issues of this reopened hearing are timely resolved. We would urge the Board and parties to act in an expeditious fashion both in the presentation and cross-examin-ation of evidence, and in the timely submittal of proposed find-ings. Upon receipt of the proposed findings, we would request this Board, in accordance with Appendix A,VI(d), to issue a decision within 35 days.

Respectfully submitted,

1. 1 I

G_J. -

, r Jt['hichaelMcGarry,III cc: All Parties Enclosures 4

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COFMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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DUKE POWER COMPANY ) Docket Nos. 50-369

) 50-370 (William B. McGuire Nuclear )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE

. I hereby certify that copies of " Applicant's Prefiled Testimony" dated February 9, 1981 in the captioned matter, have been served upon the following by deposit in the United States mail this 9th day of February, 1981.

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

Chairman, Atomic Safety and Counsel for NRC Regulatory Licensing Board Staff 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 Licensinc Board William L. Porter, Esq.

U.S. Nuclear Regulatory Associate General Counsel Commission Duke Power Company Washington, D.C. 20555 Post Office Box 33189 Charlotte, North Carolina 28242 l

Dr. Richard F. Cole l

Administrative Judge Chairman i U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Scard Panel Commission Nasnington, D.C. 20555 Washington,-D.C. 20555 Jesse L. Riley Diane 3. Cohn President William 3. Schult:

Carolina Environmental Public Citizen Litication Group l Study Group Suite 700

854 Henley Place 2000 P Street, N.W.

l Charlotte, North Carolina 28207 Washington, D.C. 20036 l

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1 2-Chairman, Atcmic Safety Chase R. Stephens and Licensing Appeal Board Docketinc and Service U.S. Nuclear Regulatory Section Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. John M. Barry Washington, D.C. 20555 Department of Environmental Health Mecklenburg County 1200 Blythe Boulevard Charlotte, North Carolina 28203 fr W(

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