ML19341A096
| ML19341A096 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/19/1981 |
| From: | Brenner L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8101220086 | |
| Download: ML19341A096 (5) | |
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1/19/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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DUKE POWER COMPANY
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Docket No. 70-
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e-q (Amendment to Materials License
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,N h'S' SNM 1773 for Occnee Nuclear Station
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Spent Fuel Transportation & Storage
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at McGurie Nuclear Station)
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NRC STAFF ANSWER TO NRDC 9
gj MOTION FOR EXTENSION OF TIME
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By motion dated January 13, 1981, the Natural Resources Defense Council
("NRDC") has requested a two-week extension of time to February 9,1981, within which to file its brief oppasing exceptions.
The motion correctly states that the Staff had no objection and that the Staff authorized NRDC to so state.
However, the complete position of the Staff was that we would have no objection provided NRDC would not object to a request l
by the Staff for leave to reply to NRDC's brief in the event we seek such leave.
NRDC agreed and it was our understanding that NRDC would include this aspect of the agreement in its motion so that the Appeal Board would be fully infomed.
The Staff has reconfirmed the fact that NRDC agrees with the above description of its agreement with the Staff.
It is of course understood that a grant of any request to reply to NRDC's brief is in the absolute discretion of the Appeal Board.
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L We have taken the opportunity to raise this matter now in view of the possibility that NRDC's motion and the licensee's forthcoming reply thereto will cause the Appeal Board to formulate a schedule for the completion of all activities incident to this appeal, including the possibility of oral l
argument.
It is our hope that an extension of time for NRDC (which the Staff believes is supported by good cause shown) would not redound to the Staff's disadvantage later in the event we seek leave to reply. /
i Respectfully submitted, 4
Lawrence Brenner Counsel for NRC Staff Dated at Bethesda, Maryland, this 19th day of January,1981.
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- / In view of this pleading, which requires no action by the Appeal Board at this time, the Staff will inform the Appeal Board promptly after receipt of NRDC's brief whether or not we seek leave to reply.
The Staff is aware that the Appeal Board has received lengthy briefs. We will seek. leave to reply only if we believe a reply will assist in j
focusing the arguments.
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Ui!ITED STATES OF AMERICA fiUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY ATID LICEi;SIf4G APPEAL BOARD _
In the Matter of
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DUKE POWER C0iTANY
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Docket fio. 70-2623
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(Amendment to Itaterials License
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S!;M 1773 for Oconee riuclear Station
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Spent Fuel Transportation & Storage
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at McGuir e iluclear Station
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Tj0TICE OF APPEARAi;CE Ibtice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 52.713, 10 CFR Part 2, the following infonnation is provided:
Name
- Lawrence Brenner Address
- Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
Telephone Number,
-(301)492-7501 Admissions
- New York State Court of Appeals District of Columbia Court of Appeals Court of Appeals of Maryland i
United States Court of Appeals f,or the District of Columbia Circuit I
United States Supreme Court Name of Party
- NRC Staff D
,.J_ 13Shas >c4t m wv Lawrence Brenner Cou'nsel for NPC Staff l
Dated at Bethesda, Maryland this 19th day of January,1981.
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U:11ED $TATES OF A; RICA i UCLEAR REGULATORY CO:;;;ISSION DEFORE THE ATOMIC SAFETY Ai;D LICE: SI: G APPEAL r/SRD In the I;atter of
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DUKE PO:!ER C0".PAilY
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Docket f!o. 70-2623
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(.'IndinenttoitaterialsLicanse
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Siill-lH3 for Oconee l uclear Station
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Spent Fuel Transportation and Storage
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at iicGuir e !!uclear Station)
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CERTIFICATE OF SLR'. ICE I hereby certify that copies of "NRC STAFF ANSWER TO NRDC MOTION FOR EXTENSION OF TIME" and " NOTICE OF APPEARANCE" of Lawrence Brenner have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 19th day of January,1981:
- Chairman Alan S. Rosenthal, Dr. Cadet H. Hand, Jr.,
Ad:ainistrative Judge Administrative Judge At0aic Safety and Licensing Appeal Bodega liarine Laboratory Ucard University of California U.S. i;uclear Regulatory Commission P. O. Box 247 1:ashington, D.C.
20555 Bodega Bay, California 94923
- Dr. John H. Buck, Administrative
- Dr. Er neth A. Luebke, Administrative Judge Judge Atoaic Safety and Licensing Appeal Atonic Safety and Licensing Scard Board U.S. :iuclear Regulatory Ccrcmission U.S. I;uclear Regulatory Commission
!!ashington, D.C.
20555 t
1lashington, D.C.
20555 W. L. Porter, Esq.
- Richard S. Salzaan, Administrative Associate General Counsel l
Jadge f.agal Department Ato ;ic Safety and Licensing Ap;ual D::ke P:wer Ccmpany Board 422 S:uth Church Street l
U.S. ::: dear Regulatory Commission Charlotte, f; orth Carclina 28242 ll ashing:en, D.C.
20565
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'"arshall F. Miller, Administra'.i ce Judge Atec.ic
..fety and Licensing Ca.d U.S. i:rclear Regulatory C.u,niui,n
' ashii.i%n, D.C.
20555 m
4 J. ;*ichael McCarry, III, Esq.
S. Jacob Scherr I'M.cyoise & Liberman Natural Resources Defense Council
- 1200 Seventeenth Street, N.W.
1725 I Street, N.W.
!!ashington, D.C.
20036 Suite 600 Washington, D. C.
20006 I*r. Jesse L. Riley, President Carolina Environmental Study Group Ellyn R. Weiss 65411enley Place Lee L. Bishop Charlotte, "arth Carolina ' 28207 Harmon & Weiss 1725 I Street, N.W.
Richard P. ':il son, Esq.
Suite 506 Assistant Attorney General Washington, D. C.
20006 State of South Carolina 2600 Sull Street Columbia, South Carolina 29201 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 1.'a s hi ngton, D. C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Secretary i
U.S. Nuclear Regulatory Commission ATIN:
Chief, Docketing & Service Br.
Washington, D.C.
2055o 4
Lawrence Brenner Counsel for NRC Staff i
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