ML20125C433

Response in Opposition to Applicants' 790920 Motion for Dismissal of Intervenor.Will Offer Prefiled Testimony in Support of Contention 10 Re long-range Effects of Nuclear Cycle.Certificate of Svc Encl

ML20125C433
Person / Time
Site:	Summer
Issue date:	12/14/1979
From:	Bursey B AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001100027
Download: ML20125C433 (2)

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In the matter of ) // 1 SOUTH CAROLINA ELECTRIC &

GAS COMPANY, et. al.

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) Docket No. 50-395 lh 1j J

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(Virgil C. Summer Nuclear ) $ Y Station) ) ,,3 INTERVENOR'S RESPONSE TO APPLICANTS MOTION FOR DISMISSAL OF INTERVENOR AND INTERVENOR'S CONTENTIONS The Applicant's motion for dismissal must be view as a cerfunctory legal tactic that has no direct bearing on the validity of the remaining contentions.

The applicant is complaining about not receiving pre-filed testimony in regards to con.ention 10. As noted in 10 CFR 2.743, prefiled testimony need not be submitted prior to 15 days before its presentation. The intervenor further asserts that the applicant's request of September 20, 1979, was specifically for additional, supportive documents in regards to contention 10.. This request was met by the Intervenor by the submission of an addendum to the Honicker vs.

Hendree petition that wcs already a part of the record of this proceeding. The Honicker petition, along with the material already on record in regards to l contention 10 (the long range effects of the nuclear cycle), state the intervenor's case adequately. The arguments to be put forth in regards to the long range hei1th effects of the nuclear cycle are contained in the documents cresented by the Intervenor to the Applicant. The arguments are essentially the same, regardless of which of the proposed witnesses the intervenor brings forth to make them. 1f j the coolicant is as ;nfamiliar with the arguments as they profess, the necessit y for full hearings on these matters is made more apparent The Intervenor will comc'y with 10 CCR 2.743 and offer such pre-filed testi:nony as is required and requested.

In conclusicn, the Intervenor subn its that the applicant's motion for dist. idsal l has ne legal basif and shouk be deniet 3

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< pluwx 90023332 Bret+ A. Bursey, Intervenor

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' NUCLEAR REGULATORY CCMMISSION // og g

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I In the Matter of ) 21Jgggg3 l

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SOUTE CAROLINA ELECTRIC & ) Docket No. 5 0-395 \b g"' Q%

GAS COMPANY, et al. )

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CERTIFICATE OF SERVICE I hereby certify that copies of "Intervenor's Respor,se to Applicant's Motion for dismissal of Intervencr and Intervenor's Contentions," dated De:emter 14, 1979, in the.above captioned matter, has been served upon the following by deposit in the United States mail this 14th day of December,1979 Ivan W. Smith , E sq . George Fische;, Esq.

Chairman, Atomic Safety and Vice President and General

. Licensing Scard Counsel U. S. Nuclear Regulatory South Carolina Electric & Gas Commission Company Washington, D. C. 20555 Post Office Box 764 Columbia, South Carolina 29202 Dr. Frank F. Hooper School of Natural Resources Steven C. Goldberg, Esc.

University of Michigan Office of the Executive Lsgal Ann Arbor, Machigan 48109 Director

. U. S. Nuclear Regulatory Cormnission Mr. Gustave A. Linenberger Washington, D. C. 20555 Member, Atcmic Safety and Licensing Ecard Panel Troy Conner, Jr.

U. S. Nuclear Regula.ory 1747 Pennsylvania Ave.

Commission Washington, D.C.

Washingten, D. C. 20555 20006 Chairman, Atcmic Safety and Mr. Chase R. Stephens Licensing Appeal Board Panel Docketing and Service Section U. S. Nuclear Regulatory Office of the Secretar" Cec.ission U. S. Nuclear Regulaton Washington, D. C. 20555 Commission Washington, D. C. 205S5 Chairman, A.:nic Safety and Licensing Board Panel Richard P. Wilson, Esc.

U. S. Nuclear Regulatory Assistant Attorney Genera.

Cc=. ss:.on S.C. A::ornev General's Office Washing ton , D. C. 20555 p, o, sex 11549 Columbia, S.C. 29211 90023333

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Brett A. Bursey