ML19341A404
| ML19341A404 | |
| 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 8101230442 | |
| Download: ML19341A404 (4) | |
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UNITED STATES OF AMERICA
~h NUCLEAR REGULATORY COMMISSION
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fgI BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL LOA
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In the Matter of
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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 REQUEST TO FILE A REPLY BRIEF Duke Power Company, as well as the NRC Staff, have taken exception to the Licensing Board's October 31, 1980 decision in the above-referenced matter.
Supporting briefs were filed on December 10 and 22 respectively.
Natural Resources Defense Council, Inc. has indicated that it will file a brief in opposi-tion to Duke and NRC Staff exceptions.
Duke respectively requests an opportunity to file a reply to NRDC's brief as well as any other brief that may be filed in opposition to the excep-tions, if indeed Duke deems such is necessary.
NRC rules of practice do not provide for a reply.
- However, in analogous cases the Appeal Board has recognized that a party may seek leave to file a reply.
See The Detroit Edison Comoany (Enrico Fermi Atomic Plant, Unit 2) ALAB-469, 7 NRC 470, 471 1
(1978).
Similarly, by analogy, the Federal Rules of Appellate Procedure provide for such reply.
See Rule 28(c).
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Duke submits that given the number of issues raised by j//
the Licensing Board's decision and the importance of such
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decision relative to the transportation of spent fuel, its interest will best be served if a right to reply is granted.
Duke does not seek an extended period of time to file such a reply; ten days would be adequate.
Respectfully submitted,
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[/J. Michael McGa2;ry, III//
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/ DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N
Washington, D.C.
20036 (202) 857-9800 of Counsel William L. Porter, Esq.
DUKE POWER COMPANY January 16, 1981 e
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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
)
)
Docket No. 70-2623 (Amendment to Materials
)
License SNM-1773 for oconee
)
Nuclear Station Spent Fuel
)
Transportation and Storage
)
at McGuire Nuclear Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Duke Power Company's Request to File a Reply Brief" dated January 16, 1981, in the captioned matter have been served upon the following 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 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 i
Washington, D.C.
20555 Washington, D.C.
20555
- Denoter those delivered by hand.
, 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.
20006 Charlotte, North Carolina 28242 S. Jacob Scherr, Esq.
Chase R.
Stephens Natural Resources Defense Docketing and Service Council Section 1725 I Street, N.W.
U.S. Nuclear Regulatory Suite 600 Commission Washington, D.,C.
20006 Washington, D.C.
20555 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 O
. Michael McGarry III/
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