ML19341A393
| ML19341A393 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/16/1981 |
| From: | Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8101230404 | |
| Download: ML19341A393 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2
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JAN f 91981 > ;
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAlkk; OAAD, g Doc k: M 4 %
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In the Matter of
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M DUKE POWER COMPANY
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Docket No. 70-2623 (Amendment to Materials
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License SNM-1773 for Oconee
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Nuclear Station Spent Fuel
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Transportation and Storage
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at McGuire Nuclear Station)
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DUKE POWER COMPANY'S RESPONSE TO MOTION FOR EXTENSION OF TIME On January 13, 1981, Natural Resources Defense Council, Inc. ("NRDC") requested an extension of time to file its brief in opposition to exceptions until February 9, 1981.
This is
'the second extension request NRDC has made relative to its
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response to the exceptions taken by Duke Power Company (" Duke").
Duke did not oppose NRDC's request to extend the time within which it was to file its brief in response to Duke's brief so as to enable NRDC to file one brief in response to Duke, NRC Staff and Intervenor.
Further, Duke informed NRDC it did not oppose an additional extension until February 2, 1981, provided NRDC would not oppose Duke's filing a reply to NRDC's brief.
l Indeed Duke would not oppose an extension of time until February 9, 1981, but for the following circumstance.
By separate cover Duke has requested this Board to provide it an opportunity to file a reply brief, if indeed Duke deems such to be necessary.
Counsel most familiar with this case are presently scheduled to D503 commence an extended hearing on February 9, 1981.
The same counsel are also presently scheduled for oral argument before
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Apa:
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. this Board on another case on February 18, 1981. 1/
To enable counsel an opportunity to file a proper reply, if such right is granted by the Appeal Board, counsel needs a reasonable period of time.
Thus, if Duke receives NRDC's brief by February 2, and if, this Board grants Duke the right to file a reply, Duke will have one week within which to file a reply before starting the February 9 hearing.
Even this schedule is constrained due to hearing preparation.
If NRDC is given until February 9, and, if this Board grants Duke the right to reply, counsel will be unable to review NRDC's brief until early March.
Inasmuch as it is in Duke's interest to obtain an early reversal of the Licensing Board's decision the above described delay should be avoided.
Under such circumstances, Duke opposes
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NRDC's request to file its brief in opposition to exceptions by February 9, 1981, but as set forth does not oppose an extension until February 2, 1981.
Respectfully submitted,
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/J. Michael McGarry, IpI l
/DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9800 Of Counsel William L. Porter, Esq.
DUKE POWER COMPANY January 16, 1981
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Due to the extended hearing which is scheduled-to commence on February 9, 1981, Duke intends to seek an extension of the February 18, 1981 oral argument.
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. 70-2623 (Amendment to Mate!1als
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License SNM-1773 for Oconee
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Nuclear Station Spent Fuel
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Transportation and Storage
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at McGuire Nuclear Station)
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CERTIFICATE OF SERVICE 4
I hereby certify that copies of " Duke Power Company's Responsc to Motion for Extension of Time" dated January 16, 1981, in the captioned matter have been served upon the follow-ing by deposit in the United States mail this 16th day of January, 1981.
- Alan S.
Rosenthal, Esq.
Dr. Emmeth A. Luebke Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Cadet H. Hand, Jr.
- Dr. John H. Buck Director Atomic Safety and Licensing Bodega Marine Laboratory Appeal Board of California U.S. Nuclear Regulatory Post Office Box 247 Commission Bodega Bay, California 94923 Washington, D.C.
20555 Jesse L.
Riley
- Richard S. Salzman, Esq.
President Atomic Safety and Licensing Carolina Environmental Appeal Board Study Group i
U.S. Nuclear Regulatory 854 Henley Place Commission Charlotte, North Carolina 28207 Washington, D.C.
20555 Edward G.
Ketchen, Esq.
Marshall E. Miller Counsel for NRC Regulatory Chairman Staff Atomic Safety and Licensing Office of the Executive Legal Board Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 I
- Denotes those delivered by hand.
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Richard P. Wilson, Esq.
Chairman Assistant Attorney General Atomic Safety and Licensing State of South Carolina Appeal Board 2600 Bull Street U.S. Nuclear Regulatory Columbia, South Carolina 29201 Commission Washington, D.C.
20555 Ellyn R. Weiss, Esq.
Lee L. Bishop, Esq.
William L.
Porter, Esq.
Harmon & Weiss Associate General Counsel 1725 I Street, N.W.
Duke Power Company Suite 506 Post Office Box 33189 Washington, D.C.
2000(i Charlotte, North Carolina 28242 S. Jacob Scherr, Esq.
Chase R.
Stephens Natural Resources Deffense Council Docketing and Service 1725 I Street, N.W.
Section Suite 600 U.S. Nuclear Regulatory Washington, D.C.
20006 Commission Washington, D.C.
20555 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 h.h 6
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j J. Michael McGarpy, IIL i
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