ML20041B579

Response to ASLB 820126 Memorandum to IE Re Palmetto Alliance Proposed Contention.To Extent Util Has Knowledge of Mcafee & Hoopingarner Allegations,Nrc Also Had Knowledge.Ceritifcate of Svc Encl

ML20041B579
Person / Time
Site:	Catawba
Issue date:	02/19/1982
From:	Mcgarry J DUKE POWER CO.
To:
Shared Package
ML20041B577	List: ML20041B576 ML20041B579
References
NUDOCS 8202240307
Download: ML20041B579 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER COMPANY, et al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

APPLICANTS' RESPONSE TO BOARD MEMORANDUM OF JANUARY 26, 1982 Applicants' are in receipt of Judge Kelly's memorandum of January 26, 1982 to the Acting Director of Enforcement, I&E, with respect to one of Palmetto Alliance's proposed contentions in this proceeding. Applicants' would simply like the record to reflect that to the extent that Duke Power Company had knowledge of the allegations raised by Messrs. McAfee and Hoopingarner, which have been publicly reported, Duke assured itself that the NRC also had knowledge of those allegations. In fact, to Duke's knowledge the alle-gations raised by Mr. Hoopingarner have been fully investi-gated not only by the NRC, but also by the Occupational Health and. Safety Division of the South Carolina Department of Labor. We would also note that we agree with the Board's concern, as expressed at the Prehearing Conference, that to the extent Palmetto Alliance intends to raise allegations beyond those already raised, as publicly reported by Messrs.

9202240307 820219 PDR ADOCK 05000413 G PDR

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. McAfee and Hoopingarner, it should apprise the appropriate persons at the NRC of those allegations that, if they have not already done so, investigations can be conducted.

Respectfully submitted,

! /

[J.MichaelMcGarfy, DEBEVOISE & LIBERMAN IIIV 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 William L. Porter Albert V. Carr, Jr.

Ellen T. Ruff DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 Attorneys for Duke Power Company, et al. '

February 19, 1982

~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER COMPANY, et al. ) Docket No. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) ) .

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Report To The Board On Charlotte-Mecklenburg Environmental Coalition Contentions" and " Applicants' Response to Board Memorandum

of January 26, 1982" in the above captioned matters,'have been served upon the following by deposit in the United States mail this 19th day of February, 1982.

James L. Kelly, Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S., Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 D,r. A. Dixon Callihan William L. Porter, Esq.

Union Carbide Corporation Albert V. Carr, Jr., Esq.

P.O. Box f Ellen T. Ruff, Esq.

Oak Ridge . Tennessee 37830 Duke Power Company P.O. Box 33189 Dr. Richard F. Foster Charlotte, North Carolina 28242 P.O. Box 4263 Sunriver, Oregon 97701 Richard P. Wilson, Esq.

Assistant Attorney General Chairman State of South Carolina Atomic Safety and Licensing 2600 Bull Street Board Panel Columbia, South Carolina 29201 U.S. Nuclear Regulatory Commission Robert Guild, Esq.

Washington, D.C. 20555 Attorney-at-Law 314 Pall Mall Chairman Columbia, South Carolina 29201 Atomic Safety and Licensing Appeal Board Palmetto Alliance U.S. Nuclear Regulatory 2135 1/2 Devine Street Commission Columbia, South Carolina 29205 Washington, D.C. 20555

Mr. Jesse L. .Riley Donald R. Belk 854 Henley Place Representative Charlotte, North Carolina 28207 Safe Energy. Alliance 2213 East Seventh Street Mr. Henry A. Presler Charlotte, North Carolina 28204 Charlotte-Mecklenburg Environmental Coalition Chase R. Stephens 943 Henley Place Docketing and Service Section Charlotte, North Carolina 28207 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 7-m M1cua.1 Mcaay, m u 4

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