ML20148M012
| ML20148M012 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 11/01/1978 |
| From: | Roisman A National Resources Defense Council |
| To: | |
| References | |
| NUDOCS 7811210460 | |
| Download: ML20148M012 (6) | |
Text
{{#Wiki_filter:c. ,y ..t 6,i NRC PUBLIC DOCUMENT R00E - $g'h 1 UNITED STATES OF AMERICA 'ij/ 19gy NUCLEAR REGULATORY COMMISSION pg ff f- % yp a In the Matter of ) ) DUKE POWER COMPANY ) ) ' Docket No. 70-2623 (Amendment to Materials License ) SNM-1773 for Oconee Nuclear ) Station Spent Fuel Transportation ) and Storage at McGuire Nuclear ) Station) ) NATURAL RESOURCES DEFENSE COUNCIL OBJECTION TO APPLICANT'S FILING DATED OCTOBER 27, 1978 In three separate filingc made on October 27, 1978, the applicant attempts to supplement, without justification or permission from the board, its oral comments made during the course of the prehearing conference on October 24, 1978. In that comment the applicant not only addresses what it said it would address only orally, namely its objections to portions of the stipulation it had entered into with Carolina Environ-mental Study Group, Safe Energy Alliance and Carolina Action, but also attaches as Appendices A and B thereto responses to points. raised by the Natural Resources Defense Council in written statements which were.in turn responses to written filings by the applicant. In short, the applicant seems intent upon.having the last word, regardless of any provisions of the ' regulations permitting it to do so. Our objection is to the philosophy.of the applicant, which appears to be that any time i 'it has something to say it does so with a written document, orally,' or both, without regard to any' rule or regulation. J 781121096o
a;A -2 We believe the appropriate action-for the board to take is to simply advise the applicant that it is disregarding the filings which were made on October 27, 1978, as impermissible filings authorized no place in the regulations. This action, we think, will help the board keep the hearing within control and not allow parties to' file, simply willy-nilly, whatever they feel l like filing whenever they' feel like filing it, regardless of any rules or regulations. Without such strict standards from the board, the hearing will clearly get out of control. Each filing by a party which has permission from the board to be filed and authorization in the regulations will invite an answer which will invite another filing. The board will simply be inundated with pieces of paper, will be constantly subjected to yet another level of argument. As the board is certainly aware from numerous hearings, lawyers are capable of coming up with new arguments to support earlier positions at virtually any stage in the' proceedings. There is a justification for and need for some control of the tendency of lawyers such as the lawyer for applicant to say over and over again points which they have said before. For these reasons, we believe the board should take a very tough line and indicate to all the partien that it will not accept filings unless those filings are authorized by the regu-lations or leave to file has been filed and approved before.the filing ~is made. With that view in mind, we believe the proper action for the board to take now is to simply deny the applicant's . filings as improper and return them to the applicant as stricken
., ; e; i. .3 i. from'lthe record.* l Respectfully submitted, N t /, 1 91,,/ Y MA w - ., v knthonyZ.fRods' man Natural R source's Defense Council Washing (to / D.C. 917 15 h Street, N.W. 20005 (202)737-5000 Dated: November 1, 1978 J (
- / Applicant's written objection to the new contention filed Ey Carolina Action would appear to be permissible within the board's oral rulings during the course of the prehearing confer-ence with regard to the' approach to be taken to that contention.
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i lf UNITED STATES'OF' AMERICA' i -NUCLEAR: REGULATORY COMMISSION j 4 1 i ' In the Ma'tter of. ) ~ c. ) DUKE.PONER CO. ) .). (Amendment"tc Materials License- ) Docket No. 70-2623 i SNM-1773 for;0;;onee Nuclear- ) Station ~ Spent Fuel Transportation -) and Storage.at McGuire. Nuclear ) 4 Station). ). l .1 i a l l CERTIFICATE OF' SERVICE J i 4 9 ~I'hereby certify that copies'of NRDC Objection to Applicant's Filing Dated October: 27,.;1978 have'been' served this:1st' day of' November-1978 by.first class mail on the i pe'esons whose.. names appear-on the attached-list. l f . /- / [ '/ /N 22 lbthony Z. 1/ma' ~ A / l t h i !. i [ f .. j'j i s N h '- , ;fl, ;d ; 4
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C ', d ~ ~ - - - ~ ~ - - ). 'I ( i t t i Robert M._Lazo, Esq., Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20565 Dr. Cadet H.
- Hand, Jr.,
Director Bodega Marine Laboratory Post Office Box 247 Bodega Bay, California 94923 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ] James Michael McGarry, III, Esq. Joseph B.
- Knotts, Jr., Esq.
Debevoise & Liberman i 806 15th Street, N.W., Suite 700 Washington, D.C. 20005 i Richard K. Hoefling, Esq. Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Section Jeremy Block Safe Energy Alliance 1707 Lombardy Circle Charlotte, North Carolina 28203 Richard P. Wilson Assistant Attorney General 2600 Bull Street Columbia, South Carolina 29201 Shelley Blum, Esq. 418 Law Building 730 East Trade Street Charlotte, North Carolina 28202 j l Jesse L. Riley ' Carolina Environmental Study Group 854 Henley Place Charlotte, N.C. 28207
4; Brenda Best Carolina Action 305. East Chapel Ifill Street Durham, North Carolina 27702-Chuck Gaddy NC PIRG Davidson College i Davidson, North Carolina 28036 l
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~ 'NN, ,,,..1 ( 6,7 N p In the Matter of ) ) DUKE POWER COMPANY ) } Docket No. 70-2623 (Amendment to Materials License ) H SNM-1773'for Oconee Nuclear ) Station Spent Fuel Transportation ) and Storage at McGuire Nuclear ) Station) ) NATURAL RESOURCES DEFENSE COUNCIL OBJECTION TO APPLICANT'S-FILING DATED OCTOBER 27, 1978 In three separate filings made on October 27, 1978, j the applicant attempts to supplement, without justification or permission from the board, its oral comments made during the course of the'prehearing conference'on October 24, 1978. In that comment the applicant not only addresses what it said it would address only orally, namely its objections to portions of the stipulation it had entered into with Carolina Environ-j mental Study Group, Safe Energy Alliance and Carolina Action, but also attaches as Appendices A and B thereto responses to points raised by the Natural Resources Defense Council in 4 written statements which were in turn responses to written filings by the applicant. In short, the applicant seems intent - upon having the last word, regardless of any provisions of the regulations permitting it to do so. Our objection is to the philosophy of-the applicant, which appears to be that any time it has something to'say it does so with a written document, orally, or.both, without regard to any rule or regulation. 4
7., ~ >o y Kv; f2 We'.believe the' appropriate actionLfor the board to'take i: to l ~simplyoadvise the applicant'that it is disregarding the filings which were made on October 27, 1978, as impermissible filings
- J authorized no place in the. regulations.
This action, we think, will help.the' board keep the hearing within control and not allow parties to' file,-simply willy-nilly, whatever they feel J '1 like filing whenever they feel like filing it, regardless of -1 anyJrules or regulations. Without such strict standards from the board,.the hearing will clearly get out of control. Each filing by a party which has' permission from the board to be filed and authorization in the regulations will invite an answer which'will invite another filing. The board will simply be inundated with' pieces of paper, will be constantly subjected to'yet another level of argument. As the board is certainly o aware from numerous hearings, lawyers are capable of coming up t with new arguments to support earlier positions at virtually any' stage in the: proceedings. There is a justification for and nee'd for some control of theLtendency of lawyers such as the J 1awyer for applicant to say over and over again points which they have said before. I For these reasons, we believe the board should take a
- very. tough line and indicate to all.the parties that it will not accept) filings unless those filings are authorized by the regu-1 llations or leave to file.has
- been filed and approved before the
! filing 1is made. With that'viewJin mind, we believe the proper JL (actionLfor?the1 board to take now is to simply deny'the applicant's R J' f filings'.as improper and return;them to the applicant as stricken m f' 1 h m 4 1 4 )
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5 .qo_ 3 s e from the~ record.* Respectfully submitted, lp'W!E 5%.r I a-tm _, - / J' o - knthonyZ.[R9sm'an d Natural R s9urce's Defense. Council 917 15gh Street, N.W. Washingto / D.C. 20d05 .(202)737-5000 Dated: November 1, 1978
- /. Applicant'.s written objection to the new contention filed
_by Carolina Action would appear to be permissible within the. board's oral rulings during.the course of the prehearing confer-i ence with regard to the approach.to be taken to that contention. I y I
- W.: LUNITED STATES OF AMERICA -NUCLEAR REGULATORY COMMISSION In'the'Ma'tter of- ) ) DUKE' POWER,CO. ) ) (Amendment to Materials License -) Docket No. 70-2623 SNM-1773 for Oconee Nuclear ) Station Spent' Fuel-Transportation ) -and' Storage at McGuire Nuclear ) J Station)' ) i e CERTIFICATE OF' SERVICE i I'hereby certify that copies of NRDC Objection to Applicant's Filing; Dated October 27,-1978 have been served this.lst day of November 1978-by first class mail on the persons whose names appear on the attached list. k /,##MP% H m gm '[d thony Z. P i I m a' ~ I I e, l-{. a
L 1*' 3 s 1 f - ? Robert M. Lazo,.Esq., Chairman . Atomic' Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Cadet H.
- Hand, Jr.,~ Director Bodega Marine Laboratory Post Office Box 247 Bodega Bay,-California 94923 Dr. Emmeth'A. Luebke Atomic Safety and' Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 James Michael McGarry, III, Esq. Joseph B. Knotts, Jr., Esq. Debevoise t. Liberman 806 15th Street, N.W., Suite 700 Washington, D.C.. 20005 Richard K. Hoefling, Esq. Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 -Secretary of the Commission U.S. Nuclear-Regulatory Commission Washington,.D.C. 20555 Attention: Docketing and Service Section Jeremy Block. Safe Energy Alliance 1707 Lombardy Circle Charlotte, North Carolina 28203 Richard P. Wilson Assistant Attorney General 2600. Bull Street Columbia, South Cr.rolina.29201 Shelley Blum, Esq. 418 Law Building 730 East Trade. Street Charlotte,. North Carolina 28202 Jesse-L.TRiley . Carolina Environmental Study Group 854 HenleyfPlace 7 Charlotte, N.C. 28207-R I
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..l h a.' t Brenda'Best-c Carolina Action. . i 305' East-' Chapel l. Hill Street Durham, North.l Carolina '27702 Chuck.Gaddy-3 NC PIRG .) C Davidson College Davidson, North' Carolina 28036-- 1 1 t 4 h i .{,- f f
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