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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20054F5991982-06-14014 June 1982 Response Supporting Util 820419 Motion to Withdraw CP Application W/O Prejudice & Opposing Award of Costs & Attys Fees to Intervenor.Expenses Resulted from Intervenor Actions.Certificate of Svc Encl ML20053D2351982-05-28028 May 1982 Reply Opposing Intervenor 820429 Response to Util 820419 Motion to Withdraw Application for Cps.Application Should Be Dismissed W/O Prejudice & Util Should Not Be Required to Pay Intervenor Costs & Atty Fees.Certificate of Svc Encl ML20052F9261982-05-12012 May 1982 Memorandum & Order Granting Applicant Motion for Leave to File Response to Intervenor 820429 Response to Applicant Motion to Withdraw.Nrc Oral Request to File Answer 10 Days After Applicant Response Served Granted ML20052F9151982-05-10010 May 1982 Response Opposing Applicant Motion for Leave to File Reply. No New Issues Raised in Response & Mere Fact Motion Superficial Not Valid Reason for Allowing Reply ML20052E5541982-05-0606 May 1982 Motion for Leave to File Reply to Intervenor 820429 Response to Util Motion to Withdraw Application for CPs W/O Prejudice.Factual & Legal Arguments in Intervenor Response Could Not Be Anticipated.Certificate of Svc Encl ML20052D0671982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Motion Granted by ASLB on 820504 ML20052D0621982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Certificate of Svc Encl ML20052C7221982-04-29029 April 1982 Response to Applicant Motion to Withdraw.Proceeding Should Be Dismissed W/Prejudice & Costs,Fees & Expenses Paid by Applicant.Certificate of Svc Encl ML20054E1661982-04-21021 April 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054E0491982-04-19019 April 1982 Motion to Withdraw Application for CPs W/O Prejudice. Intervenors Failed to Meet Compelling Burden of Justification to Establish Demonstrated Injury in Order to Dismiss Applications W/Prejudice.Certificate of Svc Encl ML20050C1271982-04-0101 April 1982 Memorandum & Order Directing Applicant to File New Motion to Withdraw from Proceeding W/Aslb,Addressing Intervenor Requested Relief & Listed Decisions.Intervenor Answer Due 10 Days After Svc & NRC Answer 5 Days Later ML20049J9641982-03-24024 March 1982 Memorandum & Order ALAB-668,vacating LBP-78-25,LBP-78-34 & LBP-80-9 on Grounds of Mootness.Util Filed Motions on 820302 for Leave to Withdraw Applications W/O Prejudice & to Terminate Ongoing Proceedings ML20042A9101982-03-22022 March 1982 Response to Util 820320 Motion to Withdraw Application & Terminate Proceedings.Motion Not Opposed But Recommends Motion Be Referred to Aslb.Matter Relates to General ASLB Jurisdiction Which Has Not Expired.W/Certificate of Svc ML20042B2391982-03-19019 March 1982 Motion for Leave to File Reply to Intervenor 820311 Response to Motion to Withdraw Applications.Intervenor Response in Requesting Dismissal Be W/Prejudice Is in Fact Motion for Addl Relief.Certificate of Svc Encl ML20041F7821982-03-11011 March 1982 Response to Applicant Motion to Withdraw.Motion Should Be Granted & Proceeding Terminated W/Prejudice.Applicants Should Pay All Intervenor Costs Including Atty Fees. Certificate of Svc Encl ML20069B9541982-03-0202 March 1982 Motion to Withdraw W/O Prejudice CP Applications.Board of Directors Voted to Withdraw Applications on 820223. Proceedings Should Be Terminated as Moot.Certificate of Svc Encl ML20041C3451982-02-19019 February 1982 Point of Information Notifying All Parties That Any Attempt by Applicant to Salvage Findings Produced by Incomplete Info,Studies & Misleading Pressure & Haste Should Be Rejected.Certificate of Svc Encl ML20040F3761982-02-0303 February 1982 Notice of Appearance in Proceeding ML20040A8261982-01-11011 January 1982 Opposition to Matl in Intervenors 820106 Response to Aslab 811229 Order & Request to Strike.Info Comparing Lake Level of Lake Norman W/High Rack Lake in Fall 1981 Should Not Be Received by Aslab.Certificate of Svc Encl ML20039E9941982-01-0505 January 1982 Response to Order.Motion to Consider New Evidence & Reopen Record Designation for High Rock Lake Association,Inc Was Incorrect.Info Listed Re Lake Level.Certificate of Svc Encl ML20039D0431981-12-29029 December 1981 Order Directing Counsel Representing Ma Davis & Yadkin River Committee to Explain Inconsistency in 811208 Motion to Consider New Evidence & Reopen Proceeding That Was Signed for High Rock Lake Association,Inc.Explanation Due 820111 ML20039C7211981-12-28028 December 1981 Answer Opposing Nonparty High Rock Lake Association,Inc 811208 Motion to Consider New Evidence & Reopen Proceeding. Existence of Sufficient New Evidence Not Demonstrated. Certificate of Svc Encl ML20039C2371981-12-23023 December 1981 Response Opposing Intervenors 811208 Motion to Consider New Evidence & Reopen Proceeding.Motion Fails to Meet Stds for Reopening Proceeding.New Evidence Is Unsupported Allegation of Recreational Use.Certificate of Svc Encl ML20062M2061981-12-0808 December 1981 Motion to Consider New Evidence & Reopen Proceedings.New Evidence Consists of Extensive Use of High Rock Lake During Fall & Lack of Any Rule Re Curve Protection.Certificate of Svc Encl ML20031A3391981-09-18018 September 1981 Response Opposing Licensees 810622 Petition for Extension of Effective Deadline of CLI-80-21 & NRC 810731 Response Recommending 1-yr Extension.No Justification That Utils Unable to Qualify Equipment.Certificate of Svc Encl ML20030D9341981-09-14014 September 1981 Answer Opposing Ucs 810831 Motion Re CLI-80-21 & Utils 810622 Petition for Extension of Deadline.Matter Should Not Be Docketed as Involving Ucs Petition.Ucs Should Not Be Added to Svc List.Certificate of Svc Encl ML20010E5131981-08-31031 August 1981 Motion for Opportunity to Respond to Utils 810622 Petition for 13-month Extension of 820630 Deadline Imposed by CLI-80-21 & NRC 810731 Response.Requests Svc of Past & Future Filings.Certificate of Svc Encl ML20009A2391981-07-0707 July 1981 Answer That Petitioners Do Not Object to NRC 810629 Motion for Leave to Defer Response to 810622 Petition Until 810731. Certificate of Svc Encl ML19350F1551981-06-22022 June 1981 Petition,On Behalf of 18 Licensees Operating &/Or Constructing Nuclear Power Plants,Requesting 13-month Extension Until 830729 for Qualification of safety-related Electrical Equipment Per NUREG-0588 (CLI-80-21) ML19350F1691981-06-19019 June 1981 Affidavit That Licensees Could Not Meet CLI-80-21 820630 Deadline Due to Lack of Appropriate Regulatory Guidance to Allow Utils to Proceed W/Qualification,Replacement or Reanalysis of Equipment.W/Certificate of Svc ML19350D6531981-05-14014 May 1981 Order Adopting Applicant 810505 Position That Proceeding Be Partially Stayed for Two Yrs ML20008G1181981-05-0505 May 1981 Response Transmitting Replies to ASLB 810428 Order Which Inquired Into Impact Conclusions in 810402 Nucleonics Week Rept Might Have on Future Plans.Replies Were Previously Submitted for Similar Requests.W/Certificate of Svc ML19343D6101981-04-30030 April 1981 Response in Opposition to Intervenor 810416 Pleading. Commission Regulations Prohibit Response,So Pleading Should Be Stricken.Item 3 of D Springer to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc Encl ML19345H1601981-04-28028 April 1981 Order Directing Applicant to Respond to Inquiry Into 810402 Nucleonics Wk,Vol 22,Number 13 Article Re Cancellation Plans for Facilities.Parties Will Be Allowed to Respond to Util Statements ML19347E4101981-04-23023 April 1981 Testimony Re IE Investigation Rept 79-19 & 800430 Show Cause Order.Prof Qualifications Encl ML20003F6751981-04-16016 April 1981 Intervenors Response.Use of Site More than one-half Mile North of Other Two Sites Was Prejudicial to Site Comparison W/Facility ML20003E8641981-04-15015 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record Based on Misidentification & Portrayal of Lake Norman.Motion Contains Only Allegation,Unsupported by Facts. Affidavit,Maps & Certificate of Svc Encl ML19345G8841981-04-13013 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record.Motion Is Untimely & Lacks Showing of Good Cause. Intervenor Allegation Insignificant & Would Not Alter Result ML19345G8871981-04-10010 April 1981 Affidavit Re Maps Submitted W/Intervenor 810401 Motion for Reopening of Record.Maps Portray Same Sites Visited by Applicant,Nrc & Intervenor Representatives.Certificate of Svc Encl ML19350D0711981-04-10010 April 1981 Motion to Correct Official Transcript of 810401 Oral Argument in Bethesda,Md.Thirteen Corrections Listed to Be Included in Record to Accurately Reflect Statements of Counsel.Certificate of Svc Encl ML20003F8011981-04-10010 April 1981 Motion to Correct Transcript of 810401 Oral Hearing.Granted for Aslab on 810414 ML19350C6171981-04-0101 April 1981 Transcript of 810401 Hearing in Bethesda,Md Re Cps. Pp 1-87 ML20126H5041981-03-31031 March 1981 Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.Certificate of Svc Encl ML19343C8561981-03-20020 March 1981 Memorandum Discussing Reasons to Continue Appeal from ASLB 800222 Partial Initial Decision Despite Unclear Util Plans. Recommends Proceeding Since Adequate Assessment Can Not Be Made of Difference Time Will Make to Water Adequacy Issue ML20003C8761981-03-17017 March 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20003C7311981-02-12012 February 1981 Unofficial Transcript of Commission 810212 Meeting in Washington,Dc Re SECY-81-20 Policy on Proceeding W/Pending CP & Mfg License Applications.Pp 1-115 ML19341B6091981-01-23023 January 1981 Notice of Rescheduled 810401 Oral Argument on Appeal of Intervenors Ma Davis & Yadkin River Committee from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl ML19341A8061981-01-22022 January 1981 Order Granting Applicant Motion to Postpone Oral Argument on Appeal from ASLB 800222 Partial Initial Decision Until 810401.Certificate of Svc Encl ML20002E1381981-01-21021 January 1981 Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl ML19340F0971981-01-13013 January 1981 Order Setting 810218 Oral Argument in Bethesda,Md Re Intervenors Ma Davis & Yadkin River Committee Appeal from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl 1982-06-14
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20054E1661982-04-21021 April 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20041C3451982-02-19019 February 1982 Point of Information Notifying All Parties That Any Attempt by Applicant to Salvage Findings Produced by Incomplete Info,Studies & Misleading Pressure & Haste Should Be Rejected.Certificate of Svc Encl ML20040F3761982-02-0303 February 1982 Notice of Appearance in Proceeding ML19343C8561981-03-20020 March 1981 Memorandum Discussing Reasons to Continue Appeal from ASLB 800222 Partial Initial Decision Despite Unclear Util Plans. Recommends Proceeding Since Adequate Assessment Can Not Be Made of Difference Time Will Make to Water Adequacy Issue ML20003C8761981-03-17017 March 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML19341B6091981-01-23023 January 1981 Notice of Rescheduled 810401 Oral Argument on Appeal of Intervenors Ma Davis & Yadkin River Committee from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl ML19345B3101980-11-24024 November 1980 Notice of Availability of Procedural Assistance in Adjudicatory Licensing Proceedings,Published in 800725 Fr.In Order to Qualify for Aid,Intervenor Must Submit Statement Showing Need to ASLB ML19338C8011980-09-0202 September 1980 Notice of Appeal from ASLB Order Denying Appellant 800415 Motion.Nrc Misrepresented to ASLB State Position Re Availability of once-through-cooling.No Consideration Given to Alternative Sites ML19331E0781980-09-0202 September 1980 Notice of Reconstitution of Aslab in Proceeding.As Rosenthal Assigned Chairman,Jh Buck & TS Moore Members ML19331D8761980-08-29029 August 1980 Notice of Appeal from ASLB 800222 Partial Initial Decision Re Alternative Sites.Seeks Exceptions Re ASLB 780717 Order Which Limited Reopening of Record to Evidence Re Staff Analysis of Site Alternative.Certificate of Svc Encl ML19309H0901980-05-0707 May 1980 Certifies Svc of NRC Response to a Springer 800415 Petition on 800505 ML19246C0781979-06-26026 June 1979 Notice of Appearance on Behalf of Nrc.Certificate of Svc Encl ML19289D3651979-01-25025 January 1979 Advises That RP Wilson Replaces R Roberson Re All Correspondence in Proceeding ML19289C3541978-12-15015 December 1978 Notice That Je Lansche Will Appear on Behalf of Util in Proceedings.Certificate of Svc Encl ML19294A5921978-12-15015 December 1978 Notice That Evidentiary Hearing to Consider Alternate Sites & Generic Safety Matters Will Be Held 790129-790202 1982-04-21
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a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'82 nm D-E!i TS BEFORE THE ATOMIC SAFETY AND LIpENSING BOARD In the Matter of
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\\g DUKE POWER COMPANY
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Docket Nos. STN 50-488 [
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STN 50-48?>
7U..p m.mD 9
(Perkins Nuclear Station
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Units 1,
2 and 3
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POINT OF INFORMATION U L[']$!.Nga rc.c NOW COME the Intervenors through counsel and poin hD d'
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out that they appreciate the opportunity which their counsel had to be present at the meeting of Duke Power attorneys and officials with some of the technical staff of the Nuclear Regulatory Commission but object and are deeply concerned that counsel was not allowed to speak during the formal portions of the meeting, and was not allowed to attend the meeting between Duke Power attorneys and the attorneys for the staff of the Nuclear Regulatory Commission.
Intervenors have been threatened for eight years with the clear and present threat of a nuclear plant.
They were told when they argued that it was a unreat to the water and financial resources, environment and public sa fety, that they were inaccurate and misinformed.
They were told that they should not have any postponements that they requested in that the applicant had to get on with censtruction.
In spite of the fact that these now discredited arguments by applicant were vital positions in those proceedings it is now being suggested:
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(1)
Not that applicant should withdraw with gpG Y#f prejudice.
8203010192 820219 l
PDR ADOCK 05000489 O
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a (2)
Not that applicant should withdraw without prejudice, but (3)
That applicant should be allowed to withdraw with prejudice to the Intervenors.
This point of information is to notify all interested parties that any attempt by applicant to salvage findings pro-duced by incomplete information and studies and misleading pressure and haste should be rejected.
As pointed out by counsel, after the conclusion of the formal meeting, the most vital information in regard to the impact of the McGuire Plant on Lake Norman can now be ascertained before a final and proper conclusion is reached on the question of alternative sites.
Also, a hearing which was previously scheduled by the Environmental Management Commission Commission of North Carolina in regard to its previous resolu-tion 76-41 can be carried out without the misleading and false creation of urgency which existed in 1976.
In due time, i
Intervenors will respond to applicants actual position in these proceedings.
This the 1901 day of Feb ary, 1982.
t er WILLIAM G. PFEFFERKORN, Attor(eyFfjc Intervenors 202 West Third Street, Post Office Box 43 Winston-Salem, North Carolina 27102 Telephone:
(919) 725-0251 2-l l
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CERTIFICATE OF SERVICE I hereby certify that copics of Point of Information
'd2 FER 25 rd1 :08 in the above-captioned matter have been served on:the J
following by deposit in the United States Mail this the.
22nd day of February, 1982.
Elizabeth S.
Bowers, Esq.
Charles A. Barth, Esq.
Chairman, Atomic Safety Counsel for NRC Regulatory Staff and Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatcry Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. Donald P. deSylva Associate Professor of William A..
Raney, Jr., Esq.
Marin-Science Special Deputy Attorney General Rosenstiel School of Marine State of North Carolina and Atmospheric Science-Department of Justice University of Miami Post Office Box 629 Miami, Florida 33149 Raleigh, North Carolina 27602
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Dr. Walter H.
Jordan William L.
Porter, Esq.
881 West Outer Drive Associate General Counsel Oak Ridge, Tennessee 37830 Duke Power Company Post Office Box 2178 Chairman, Atomic Safety Charlotte, North Carolina 28242 and Licensing Board Panel U.S. Nuclear Regulatory Mr. Chase R. Stephens Commission Docketing and Service Section Washington, D.C.
20555 Office'of the Secretary U.S. Nuclear Regulatory, Chairman, Atomic Safety Commission and Licensing Appeal Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Mr.
J. Michael McGarry, III Washington, D.C.
20555 Debevoise and Liberman 1200 Seventeenth Street, N.W.
Washingt D.C.
20036 f
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William G.
Pfefferk6'In ff j
I If Attorney for 16tervenors PFEFFERKORN & COOLEY, P.A.
3 Post Office Box 43 202 West Third Street Winston-Salem, N.C.
27101 Telephone:
(919) 725-0251
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C Alan S.
Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mrs. Mary Davis Route 4, Box 261 Mocksville, North Carolina 27028 C
Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 O
Mr. Thomas S. Moore Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 De
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