ML19341A550

Denies 810117 Request for Limited Appearance Statement. Right to Make Statement Is Limited to Evidentiary Hearing & Proceeding Is Now in Appellate Stage

ML19341A550
Person / Time
Site:	Perkins
Issue date:	01/22/1981
From:	Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	Springer D AFFILIATION NOT ASSIGNED
Shared Package
ML19341A551	List: ML19341A550 ML19341A554
References
NUDOCS 8101270064
Download: ML19341A550 (2)

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ro Mr. David Springer The Point Farm Route 4 Mocksville, North Carolina 27028 Re:

DUKE POWER COMPANY (Perkins Nuclear Station, Units 1, 2 and 3)

Docket Nos. STN 50-488, 50-489 and 50-490

Dear Mr. Springer:

Mr. Rosenthal has asked me to acknowledge your January 17, 1981 letter with respect to the above-styled proceeding.

In that letter, you request leave to make a 10 minute limited ap-pearance statement at the oral argument on the pending appeal of intervenors, Mary Apperson Davis and. the Yadkin River Com-mittee, from the Licensing Board's February 22, 1980 partial initial decision.

In this connection, you refer to the provi-sions of 10 CFR 2.715.

Although, as your letter noted, the oral argument had been scheduled for February 18, 1981, the Appeal Board entered i

an order today which rescheduled it for April 1, 1981.

This action was taken on motion of the applicant, and with the agreement of the other parties to the appeal.

It will not be possible to grant your request to make a limited appearance statement on April 1.

The right to make such statements which is conferred by 10 CFR 2.715 (a) is con-fined to evidentiary hearings.

Participation in an appellate argument is invariably restricted to the. representatives of those organizations or individuals who are parties to the particular appeal.

This is because the argument is addressed l

I to the issues which have been raised on the appeal and is con-ducted wholly in the context of the record which was developed before the Licensing Board and the decision of that Board on that record.

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Mr. David Springer Although you will not have the opportunity to participate in the oral argument, you are, of course, free to attend it if you so desire.

Although its date has been changed, the time and location remain as set forth in the Appeal Board's Janu-ary 13, 1981 order.

Very truly yours, b.

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C. Je n Bishop Secretary to the Appeal Board cc:

J. Michael McGarry, III, Esq.

William G. Pfefferkorn, Esq.

Charles A. Barth, Esq.

Docketing and Service Branch i

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