ML20002E138

Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl

ML20002E138
Person / Time
Site:	Perkins
Issue date:	01/21/1981
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8101260499
Download: ML20002E138 (4)

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N UNITED STATES OF AMERICA D

NUCLEAR REGULA. TORY COMMISSION y\\.4, ',

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,3-BEFORETHEATOMICSAFETYANDLICENSINGAPPEALBOKRDO.]-*;$'[..7

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f #8 In the Matter of

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DUKE PONER COMPANY

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Docket Nos. STN 50-488

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50-489 (Perkins Nuclear Station,

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50-490 Units 1, 2 and 3)

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APPLICANT'S MOTION FOR AN EXTENSION OF ORAL ARGUMENT DATE By order of January 13, 1981, oral argument in the above captioned case has been set for February 18, 1981.

For the reasons set forth below Applicant respectfully requests that such date be extended.

Counsel most familiar with the instant appeal are pre-sently scheduled to commence the reopened phase of the McGuire operating license proceeding on February 9, 1981.

The issues involved concern the generation of excessive hydrogen and emergency plans.

A period of 3 or 4 weeks is contemplated to complete this hearing.

Inasmuch as McGuire is scheduled to load fuel on January 28, it is imperative that the McGuire oper-ating license proceeding continue on schedule.

While other counsel for Applicant possess some knowledge of the Perkins case, none is readily familiar with the Perkins record, which is extensive on the alternate site issue.

Accordingly, Appl got

- i.;5 is of the view that its interest is best served if the u -

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f signed counsel present Applicant's oral argument.

h :I JAN o o Based on the above circumstance, Applicant respect

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requests a 30 day extension of the oral argument to Marc D.f

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4 1981.

Applicant has contacted counsel for Intervenors and the NRC Staff.

Counsel for Intervenors does not object to the extension, however he stated that he was scheduled to commence a trial on March 16, and thus would not be in a position to orally argue Perkins until April 1.

Counsel for the NRC Staff does not oppose the request.

Staff counsel indi-cated that except for the last week in February he had no foreseeable conflict either on March 18 or April 1.

Accord-ingly, to accommodate all parties, Applicant would modify its motion for an extension of time.so as to request that oral argument be set for April 1, 1981.

Respectfully submitted,

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/J. Michael McGarry/ III DEBEVOISE & LIBERMAN y

1200 Seventeenth Street, N.N.

Washington, D.C.

20036 (202) 857-9800 of Counsel William L.

Porter, Esq.

DUKE POWER COMPANY

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January 21, 1981

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UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION

'BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL' BOARD i

In the Matter of

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DUKE POWER COMPANY

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Docket Nos. STN 50-488

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50-489 (Perkins Nuclear Station,.

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50-490 l

Units 1, 2 and 3)

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CERTIFICATE OF SERVICE ~

5 I hereby certify that copies of " Applicant's Motion for an Extension of Oral Argument Date" dated' January 21, 1981, in.the' captioned matter have been served upon the following by deposit in'the_ United States mail this 21st day of January, 1981.

• Alan S.

Rosenthal, Esq.

Dr. Donald P.

deSylva Chairman Associmte Professor of Atomic Safety and Licensing Marine Science 4

Appeal Board Rosenstiel, School of Marine U.S. Nuclear Regulatory and Atmospheric Science 1

_ Commission-University of Miami Washington, D.C.

20555 Miami, Florida-33149

• Dr. John H. Buck Dr. Walter H.. Jordan

- Atomic Safety and 881 West Outer Drive Licensing Appeal Board Oak Ridge, Tennessee 37830 U.' S. Nuclear Regulatory Commission-

. William L.

Porter, Esq.

Washington, D.C.-

20555 Associate General Counsel Duke Power Company

• Thomas S. Moore Post Office Box 33189 Atomic ~ Safety and Licensing

' Charlotte, North Carolina 28242 Appeal Board U.S.

Nuclear Regulatory Charles A.

Barth, Esq.

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. Commission Counsel for NRC Regulatory Washington, D.C.

20555 Staff l

Office of the Executive i

. Elizabeth S. Bowers Legal Director Chairman U.S.

Nuclear Regulatory j_

Atomic Safety and Licensing Commission Board Washington, D.C.

20555 U.S.-Nuclear Regulatory Commission Washington, D.C.

20555

• Denotes those delivered by hand.

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~2-William A. Raney, Jr., Esq.

Chase R.

Stephens Special' Deputy Attorney General Docketing and Service Section State of North Carolina Office of the Secretary Department of Justice U.S. Nuclear Regulatory

- Post Office Box 629 Commission Raleigh, North Carolina 27602 Washington, D.C.

20555 William G. Pfefferkorn, Esq.

Quentin Lawson, Esq.

2124 Wachovia Building Federal Energy Regulatory Winston-Salem, North Carolina 27101 Commission Room 8611 Mary Apperson Davis 825 N.

Capitol Street, N.E.

Route-4 Washington, D.C.

20426 Box 261

- Mockeville, North Carolina 27028 Chairman, Atomic Safety and Licensing Board Panel U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 P

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'. Michael McGarry,/III 1