ML20147C675
| ML20147C675 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 09/22/1978 |
| From: | Blum S CAROLINA ENVIRONMENTAL STUDY GROUP |
| To: | |
| References | |
| NUDOCS 7810130085 | |
| Download: ML20147C675 (3) | |
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4 NUCLEAR REGULATORY COMMISSION
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CF BEFORE THE ATOMlC SAFETY AND LICENSING BOARD c'@)p.c
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In the Matter of
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DUKE POWER COMPANY
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Docket No. 70-2623 (Amendment to Materials License
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SMM-1773 for Oconee Nuclear Station
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Spent Fuel Transportation and Storage
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at McGuire Nuclear Station)
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RESPONSE OF CAROLINA ENVIRONMENTAL STUDY GROUP TO APPLICANT'S MOT 10N FOR ESTABLISHMENT OF A SCHEDULE AND NRC SLFF RESPONSE TO SAME On September 5, Applicant filed a Motion to Establish a Schedule for these proceedings.
NRC Staff responded to same on September 15, 1978.
Both parties seek to set a pre-hearing conference on October 6, 1978.
As staff points out, 10 CFR 9 2.714(a)(4) requires a date for submittal of contentions by September 22, 1978.
Al ternate dates of October 5 and September 21, respec-tively, are also suggested.
Intervenor finds this schedule fails to have much sense behind it.
This response is being dictated on September 21, 1978.
In-tervenor has heretofore filed a Motion and an outline of the areas in which contentions will be filed, and Intervenor's concerns.
No response has yet been made to either of these documents.
Similarly, intervenor has not received any response to the first set of interrogatories, mailed September 11, 1978.
Applicant suggested informal discovery prior to formal consideration of a time table in this matter.
Intervenor believes that some discovery is necessary before contentions can be framed.
In particular, we asked questions that would allow us to take a reasonable position in this matter, t/i thou t response, we would be setting forth on a moonlight sail.
In discovery, we asked for a copy cf the application by Duke in this mat-ter.
Staff response to that (September 15, 1978) was that the materials were 7 810/300g3-p{yc A-DOC)<
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deposited at the public document room, latervenor requested certain i n fo rma-tion that would allow it to calculate the rate at which the Oconee and McGuire storage tanks fill up or would be expected to fill up.
We wanted copies of tests run on the trucks.
We wanted any alternatives that might have been con-sidered to truck transportation of the spent nuclear fuel.
We wanted any stud-les done on the routes to be followed.
It is simply difficult to frame intelli-gent contentions without 'such information, and therefore, the entire schedule depends on the receipt of this preliminary discovery.
It seems to us that requiring contentions to be formulated prior to the formal allowance of Intervention by each of the parties seeking intervention is putting the cart before the horse, if the various parties are not to be allowed to intervene, it is difficult to justify putting them through the pro-cess of formulating contentions.
Based on the foregoing, we suggest that preliminary discovery go on, and that a formal board ruling on Intervention of each of the parties be made.
Subsequently, a pre-hearing conference should be set, sufficiently far into the future to allow an adequate time for the formulation of contentions.
Based on a guess as to when the board will rule on these matters, and when discovery will be made, a date in January of 1979 would seem to be appropriate for the pre-hearing conference.
Respectfully submitted, 0 h-by
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SHELLEY BLUM 418 Law Building 730 East Trade Street Charlotte, North Carolina 28202 (704) 376-6591 Counsel for Intervenor Carolina Environ-mental Study Group
CERTIFICATE OF SERVICE i hereby certify that copies of the attached in the captioned matter have been served on the fol Q-Ing by depositing same in the United States mail this i t day of A.,#
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Brenda Best Robert M. Lazo, Esq., Chairman Atomic Safety and Licensing Board Carolina Action 11 S. Nuclear Regulatory Commission 1740 East independence Boulevard Washington, D.C.
20555 Charlotte, North Carolina 28205 Dr. Emmeth A. Luebke Jeremy Bloch Atomic Safety and Licensing Board Safe Energy Alliance U. S. Nuclear Regulatory Commission 1707 Lombardy Circle Washington, D.C.
20555 Charlotte, North Carolina 28203 Dr. Cadet H. Hand, Jr., Director Richard P. Wilson Bodega Marine Laboratory of California Assistant Attorney General Post Office Box 247 State of South Carolina Bodega Bay, California 94923 2600 Bull Street Columbia, South Carolina 29201 Mr.
Jesse L. Riley, President Carolina Environmental Study Group Chai rman, Atomic Sa fety and Licen-354 Henley Place sing Appeal Board Charlotte, North Carolina 28207 U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Edward G. Ketchen, Esq.
Mr. Chase
'R.
Stephens Counsel for NRC Regulatory Staff Docketing and Service Section Office of the Executive Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington D.C.
20555 William L. Porter, Esq.
Chairman, Atomic Safety and Licen-Associate General Counsel sing Board Panet U.S. Nuclear Regulatory Commission Duke Power Company Post Office Box 2178 Washington, D.C.
20555 Charlotte, North Carolina 28242 J. Michael McGarry, 111 Anthony Z. Roisman, Esa.
Debevoise and Liberman Natural Resources Defense Council Suite 700 917 15th Street, H.W.
806 15th Street, Moren:est Washington, D.C.
20005 Washington, D.C.
20035 SHELLEY BLUM
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