ML20004B642
| ML20004B642 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 05/20/1981 |
| From: | Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8105290217 | |
| Download: ML20004B642 (4) | |
Text
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vg UNITED STATES OF AMERICA c/ q A 5L 5
C NUCLEA3 REGULATORY COMMISSION U
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-k BEFORE THE ATOMIC SAFE"Y AND LICENSING APPEA'S SCA.RD ~ 9 3S/ s ~ l
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In the Matter of
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DUKE POWER COMPANY
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Docket No. 70-2623 9
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License SNM-1773 for Oconee
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Dom,qg3 Nuclear Station Spent Fuel
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Transportation and Stor3ge
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- M C.*S a.,..WAY 2 2 at McGuire Nuclear Station)
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APPLICANT'S RESPONSE TO "CESG'S RESPONSE TO OFFICE OF INSPECTION AND ENFORCEMENT
SUMMARY
e OF INQUIRY REGARDING DUKE POWER COMPANY
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POSSIBLE FALSE STATEMENT" On May 5', 1981, Intervenor, CESG, filed a ", Response to Office of Inspection and Enforcement's Summary of Inquiry Regarding Duke Power Company Possible False Statement."
The l
subject matcer of Intervenor's response is an April 23, 1981 NRC Staff memorandum concerning an inquiry by the Office of Inspection and Enfcreement into Duke Power Company testimony concerning the so-called cascade plan.
Intervenor asserts that the Inspection and Enforcement report is either untimely l
or that the procedures utilized are improper.
Applicant sub-
'mits that Intervenor's position is in error for the following reasons.
1 The Office of Inspection and Enforcement is charged with inter alia, Dupe investigating n y s activities including, Power Company testimony concerning the so-called cascade plan.
The Office of Inspection and Enforcement has certain internal l
l procedures and schedules for conducting its investigation and f 0$ g el s
p u yps 981sw.m pae ha
such should not be the subject of a challenge before this Appeal Board.
Rather, the matter has been raised before the Appeal Board pursuant to the NRC Staff's longstanding policy of informing the Board and parties of various matters which may be related to the subject matter of a proceeding.
Such being the case the Staff's memorandum must be viewed as simply informational in. nature and does not require a response by CESG.
Therefore, CESG response should be stricken.
Respectfully submitted, I b_ _,
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DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9800 Of Counsel William L.
Porter Associate General Counsel DUKE POWER COMPANY May 20, 1981 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO.54ISSION 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 Materials
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Nuclear Station Spent Fuel
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License SNM-1773 for Oconee
,o-MAY 2 219T +
Transportation and Storage
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- e n CERTIFICATE OF SERVICE Q
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I hereby certify that copies of " Applicant's Response to 'CESG's Response to Office of Inspection and Enforcement Summary of Inquiry Regarding Duke Power Company Possible False Statement'" dated May 2 0, 1981, in the captioned matter have been served upon the following by deposit in the United States mail this 20th day of May, 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 Bodeca Marine Laboratory Appeal Board of California U.S. Nuclear Regulatory Post Office Box 247 l
Commission Bodega, California 94923 Washington, D.C.
20355 Jesse L. Riley Richard S.
Salzman, Esq.
President Atomic Safety and Licensing Carolina Environmental l
Appeal Board Study Group l
U.S. Nuclear Reculntory 854 Henley Place Commission Charlotte, North Carolina 28207 Washington, D.C.
20555 i
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Marshall E.
Miller Edward G. Eetchen, Esq.
Chairman Counsel for NRC Regulatory Atomic Safety and Licensing Staff Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Richard P. Wilson, Esq.
Assistant Attorney General Chairman State of South Carolina Atomic Safety and Licensing 2600 Bull Street Appeal Board Columbia, South Carolina 29201 U.S.
Nuclear Regulatory Commission Ellyn R. Weiss, Esq.
Washington, D.C.
20555 Natural Resources Defense Council William L. Porter, Esq.
1735 Eye Street, N.W.
Associate General Counsel Suite 709 Duke Power Company Washington, D.C.
20006 Post Offica Box 33189 Charlotte, North Carolina 28242 Chairman Atomic Safety and Licensing Chase R.
Stephens i
Board Panel Docketing and 3ervice i
U.S. Nuclear Regulatory Section Commission U.S.
Nuclear Regule. tory Washington, D.C.
20555 Commission Washington, D.C.
20555 I
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