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| BEFORE THE ATOMIC SAFETY AND LICENSING BOA a -~. | | BEFORE THE ATOMIC SAFETY AND LICENSING BOA a -~. |
| APR 101981 ~mrj $ | | APR 101981 ~mrj $ |
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| The basic grounds for support for its position are: (1) unavailability of transcripts; (2) personal obligations of the Intervenor and Counsel. Applicant submits that these grounds are totally lacking and thus the motion should be denied. | | The basic grounds for support for its position are: (1) unavailability of transcripts; (2) personal obligations of the Intervenor and Counsel. Applicant submits that these grounds are totally lacking and thus the motion should be denied. |
| At the outset Applicant maintains that the instant motion is yet another attempt of the Intervenor to delay the timely licensing of McGuire. The need for the timely issuance of a license is well known to the Board. It is with this in mind that the Applicant urged the Board to impose an expedited pro-posed findings schedule. Tr. 5234-40. The Board in its dis-cretion c4 conducting the proceeding determined that such o expedited schedule was warranted. Tr. 5256. Intervenor r sTM now ?\> | | At the outset Applicant maintains that the instant motion is yet another attempt of the Intervenor to delay the timely licensing of McGuire. The need for the timely issuance of a license is well known to the Board. It is with this in mind that the Applicant urged the Board to impose an expedited pro-posed findings schedule. Tr. 5234-40. The Board in its dis-cretion c4 conducting the proceeding determined that such o expedited schedule was warranted. Tr. 5256. Intervenor r sTM now ?\> |
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| With respect to availability of the transcripts, | | With respect to availability of the transcripts, the(i ' f@ |
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| Staff at the hearing informed the Board that it would provide' ' '.~.~ :- | | Staff at the hearing informed the Board that it would provide' ' '.~.~ :- |
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| W such to the Intervenor so as to enable it to file timely findings. Tr. 5255. Applicant, cognizant of the fact that the vagaries of the mail might result in a delay.of receipt of the transcripts, and anticipating that Intervenor would raise the precise issue raised in this motion, personally contacted Mr. Riley on the 20th of March, 1981 (the day after the hearing was completed) and informed him that he could use Applicant's transcripts until he had received the Staff trans-cripts. Applicant made this fact known to the Board and parties during the conference call of March 25, 1981. There-fore, there is absolutely no basis to Intervenor's claim in this regard. | | W such to the Intervenor so as to enable it to file timely findings. Tr. 5255. Applicant, cognizant of the fact that the vagaries of the mail might result in a delay.of receipt of the transcripts, and anticipating that Intervenor would raise the precise issue raised in this motion, personally contacted Mr. Riley on the 20th of March, 1981 (the day after the hearing was completed) and informed him that he could use Applicant's transcripts until he had received the Staff trans-cripts. Applicant made this fact known to the Board and parties during the conference call of March 25, 1981. There-fore, there is absolutely no basis to Intervenor's claim in this regard. |
| Intervenor makes much of the various responsibilities of both its president and its counsel. The short answer to this position is that Intervenor has responsibility to this proceed-ing as well. As the Appeal Board noted "any individual under-taking to play an active role in several proceedings which are moving forward simultaneously is apt to find it necessary from time to time to expend extra effort to meet the prescribed schedule in each." Philadelphia Electric Company, et al. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-566, 10 NRC 527, 530 (1979). So it is in the instant case. | | Intervenor makes much of the various responsibilities of both its president and its counsel. The short answer to this position is that Intervenor has responsibility to this proceed-ing as well. As the Appeal Board noted "any individual under-taking to play an active role in several proceedings which are moving forward simultaneously is apt to find it necessary from time to time to expend extra effort to meet the prescribed schedule in each." Philadelphia Electric Company, et al. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-566, 10 NRC 527, 530 (1979). So it is in the instant case. |
| 10 CFR S2.754 (a) (2) provides that, absent a Board order to the contrary, Intervenor's will be provided 30 days to file proposed findings; the Board's ruling gives them 25 days. Considering that this is a reopened proceeding, given that Intervenor is | | 10 CFR S2.754 (a) (2) provides that, absent a Board order to the contrary, Intervenor's will be provided 30 days to file proposed findings; the Board's ruling gives them 25 days. Considering that this is a reopened proceeding, given that Intervenor is |
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| | a experienced, given that Intervenor was represented by exper-ienced counsel and given the need for the timely receipt of a license it was proper for the Board to so rule. Inasmuch as 30 days is considered a reasonable amount of time in the normal instance, and given that the above factors render 25 days a reasonable amount of time, there is no basis for extending the April 13, 1981 filing date for Intervenor's Proposed Findings of Fact and Conclusions of Law. 1/ |
| a experienced, given that Intervenor was represented by exper-ienced counsel and given the need for the timely receipt of a license it was proper for the Board to so rule. Inasmuch as 30 days is considered a reasonable amount of time in the normal instance, and given that the above factors render 25 days a reasonable amount of time, there is no basis for extending the April 13, 1981 filing date for Intervenor's Proposed Findings | |
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| Respectfully submitted, | | Respectfully submitted, |
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| Failure to file proposed findings of fact, conclusions of law or briefs when directed to do so may be deemed a default, and an order or initial decision may be entered accordingly. (emphasis supplied). | | Failure to file proposed findings of fact, conclusions of law or briefs when directed to do so may be deemed a default, and an order or initial decision may be entered accordingly. (emphasis supplied). |
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| UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) | |
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| DUKE POWER COMPANY ) Docket Nos. 50-369 | | DUKE POWER COMPANY ) Docket Nos. 50-369 |
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| Charlotte, North Carolina 28207 Washington, D.C. 20036 | | Charlotte, North Carolina 28207 Washington, D.C. 20036 |
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| Chairman, Atomic Safety Shelly Blum, Esq. | | Chairman, Atomic Safety Shelly Blum, Esq. |
| and Licensing Appeal Board 1402 Vickers Avenue U.S. Nuclear Regulatory Durham, North Carolina 27707 Commission Washington, D.C. 20555 Chase R. Stephens Docketing and Service Section Dr. John M. Barry Office of the Secretary Department of Environmental U.S. Nuclear Regulatory Health Commission Mecklenburg County Washington, D.C. 20555 1200 Blythe Boulevard Charlotte, North Carolina 28203 | | and Licensing Appeal Board 1402 Vickers Avenue U.S. Nuclear Regulatory Durham, North Carolina 27707 Commission Washington, D.C. 20555 Chase R. Stephens Docketing and Service Section Dr. John M. Barry Office of the Secretary Department of Environmental U.S. Nuclear Regulatory Health Commission Mecklenburg County Washington, D.C. 20555 1200 Blythe Boulevard Charlotte, North Carolina 28203 |
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| * ex.sA*.cr J. Michael McGarry,,III | | * ex.sA*.cr J. Michael McGarry,,III |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212D1771999-09-20020 September 1999 Exemption from Certain Requirements of 10CFR50,App A,General Design Criterion 57 Re Isolation of Main Steam Branch Lines Penetrating Containment ML20210K7351997-08-18018 August 1997 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Rj Nelson Prohibited for 1 Yr from Date of Order from Engaging in or Exercising Control Over Individuals Engaged in NRC-licensed Activities TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20044G7371993-05-25025 May 1993 Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. Opposes Rule ML20101R5931992-07-0606 July 1992 Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Opposes Rule ML20147F3231988-03-0303 March 1988 Order Imposing Civil Monetary Penalty in Amount of $100,000 within 30 Days of Order Date ML20214F4411987-04-24024 April 1987 Endorsements 35 & 36 to Maelu Policy MF-101 & Endorsements 43 & 44 Nelia Policy NF-248 ML20203N3261986-09-19019 September 1986 Order Imposing Civil Monetary Penalty in Amount of $50,000 ML20133P9591985-07-26026 July 1985 Unexecuted Amend 8 to Indemnity Agreement B-83,modifying Definition of Radioactive Matl as Listed ML20127G4261985-06-21021 June 1985 Order Imposing Civil Monetary Penalty in Amount of $50,000 for Violations Noted During Special Safety Insp on 841102-03 Re Failure of Upper Head Injection Accumulator Sys Isolation Valves to Close at Required Water Level ML20078C2271983-09-0202 September 1983 Application for Withholding Proprietary McGuire Post-Mod Steam Generator Tube Vibration Monitoring Program, (Ref 10CFR2.790) ML20054M1881982-07-0808 July 1982 Order Extending Time Until 820715 for Commission to Determine Whether to Review ALAB-669 ML20054L2941982-07-0101 July 1982 Order Extending Time Until 820708 for Commission to Determine Whether to Review ALAB-669 ML20054J1601982-06-24024 June 1982 Order Extending Time Until 820701 for Commission to Review ALAB-669 ML20054G2071982-06-17017 June 1982 Order Extending Time Until 820624 for Commission to Determine Whether to Review ALAB-669 ML20054F5341982-06-10010 June 1982 Order Extending Time Until 820617 for Commission to Decide Whether to Review ALAB-669 ML20140B5981981-09-10010 September 1981 Transcript of 810910 OL Hearing in Bethesda,Md Re Carolina Environ Study Group Appeal from Alab 790418 Initial Decision & 810526 Supplemental Initial Decision.Pp 1-195 ML20010C0881981-08-17017 August 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20004F4851981-06-16016 June 1981 Answer Opposing Carolina Environ Study Group 810606 Request to Stay ASLB 810419 & 0526 Decisions.Util Compliance W/Regulations Entitles ASLB to Find Facility Can Be Operated W/O Undue Risk to Public Health.Certificate of Svc Encl ML20004F0131981-06-0808 June 1981 Exceptions to ASLB 810526 Supplemental Initial Decision & 790418 Initial Decision.Aslb Erred in Rejecting Jl Riley Evidence as Expert Witness & Decision That Riley Affidavit Not Responsive.Affidavit of Suc Encl ML20004D4161981-06-0505 June 1981 Request for Stay of Initial & Supplemental Initial Decisions.Commission Should Refer Decisions to ASLAP for Review.Potential for Irreparable Harm Due to Serve Hydrogen Explosion Is Great.Affirmation of Svc Encl ML20004D4231981-06-0505 June 1981 Request for Stay of Initial & Supplemental Initial Decisions.Aslb Lacks Basis for Finding Operation Would Not Expose Public to Undue Risk Since Board Did Not Determine Consequences of Shell Rupture.Affirmation of Svc Encl ML20004C8571981-06-0101 June 1981 Response in Opposition to Carolina Environ Study Group 810515 Motion to Permit Appeal of ASLB 810506 Order Denying Util Request for 35% Power Operations.Party May Not Appeal Favorable Decision.Certificate of Svc Encl ML20003G6701981-04-20020 April 1981 Addenda & Corrigendum to Carolina Environ Study Group 810414 Proposed Findings of Fact & Conclusions of Law ML19343D3451981-04-17017 April 1981 Response Opposing Applicant Request for Waiver,Exception or Exemption from 10CFR2,App B.No Special Circumstances Exist to Waive Procedures ML19345G9021981-04-17017 April 1981 Response in Opposition to Carolina Environ Study Group 810402 Motion Questioning Util 810324 Request for OL for 35% Power level.TMI-type Accident Is Not Credible.Proposed Order & Certificate of Svc Encl ML19347E2921981-04-14014 April 1981 Proposed Findings of Fact & Conclusions of Law in Form of Supplemental Initial Decision Re Accident Credibility, Hydrogen Generation,Operational Aspects & Hydrogen Combustion.Certificate of Svc Encl ML19347D9171981-04-0909 April 1981 Response in Opposition to Carolina Environ Study Group 810406 Request for Extension to File Findings of Fact & Conclusions of Law.Applicant Transcripts Available to Intervenors.Certificate of Svc Encl ML19347D9731981-04-0808 April 1981 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision.Certificate of Svc Encl ML19350D2471981-04-0606 April 1981 Request for 10-day Extension to File Proposed Findings of Fact & Conclusions of Law.Counsel Occupied W/Other Cases. Certificate of Svc Encl ML19343D1461981-04-0606 April 1981 Response Opposing Carolina Environ Study Group 810302 Request for Certification or Referral.Request Unnecessary Since Commission Has Specifically Addressed Issue. Certificate of Svc Encl ML19347D9791981-04-0303 April 1981 Response to Jl Riley 810327 Affidavit Re Polyurethane Pyrolysis in Form of Encl Wh Rasin Affidavit ML19347D9761981-04-0303 April 1981 Response Opposing Applicant 810327 Submittal of Jl Riley Affidavit & Affirmation of Svc.Filing Is Contrary to ASLB Ruling.Record Is Closed & Filing Is Not Responsive ML19347D9811981-04-0303 April 1981 Affidavit Re Temp Effects on Polyurethane Foam.If Fiberglass Insulation on Air Handling Ducts Is Considered,Calculations Would Be More Conservative.Certificate of Svc Encl ML19350D2501981-04-0202 April 1981 Reply Opposing Applicant 810324 Motion for License Authorizing Up to 35% Rated Power Operation.Alleged Need to Bolster Util Summer Reserve Is Result of Scheduling Oconee 1 Maint During Summer Peak.W/Certificate of Svc ML20126H3021981-03-27027 March 1981 Affidavit Supplementing 810319 Testimony Re Polyurethane Problem ML19347D7811981-03-24024 March 1981 Request for License Authorizing Operation Up to & Including 35% Rated Power.Fuel Loading,Initial Criticality & Zero Power Physics Testing to Be Completed by 810515.Certificate of Svc Encl ML19341D4501981-03-0202 March 1981 Response in Objection to ASLB 810217 Memorandum & Order Denying Admission of Contentions 5 & 6.Supplementary EIS on Class 9 Accident Is Necessary Predicate in Proceeding.Denial Should Be Certified to Commission.W/Certificate of Svc ML19350B7511981-02-26026 February 1981 Carolina Environ Study Group Application for Subpoenas Re Reopened McGuire Units 1 & 2 OL Proceeding.List of Proposed Witnesses & Questions Encl.Related Correspondence ML20003C1631981-02-17017 February 1981 Testimony Re Hydrogen Generation,Combustion & Containment Response,To Be Presented Re Contentions 1 & 2.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20003C3391981-02-15015 February 1981 Summary of Proposed Testimony Re Contentions 3 & 4 on Adequacy of Emergency Evacuation Plan.Related Correspondence ML19339C9141981-02-0909 February 1981 Testimony Explaining Significant Events Leading to & Quantifying Amount of Hydrogen Produced During TMI-2 Accident.Accident Analysis & Prof Qualifications Encl ML19339C9261981-02-0909 February 1981 Testimony Describing Util Emergency Plans Re Actions to Be Taken W/Respect to Notification of Unusual Event,Alert,Site Area Emergency or General Emergency Conditions.Prof Qualifications Encl ML19339C9161981-02-0909 February 1981 Testimony Re Actions of Operator Assuming Improper Termination of ECCs During TMI-type Accident.Operators Trained in Revised Emergency Procedures to Diagnose & Evaluate Events.Prof Qualifications Encl ML19339C9251981-02-0909 February 1981 Testimony Delineating Analyses & Associated Physical Process Re Hydrogen Ignition & Burning.Facility,Drawings,Specs & Other Matl Examined & Analyzed.Prof Qualifications Encl ML19339C9221981-02-0909 February 1981 Testimony Re Methodology Used in Performing Analysis of Ultimate Capability of Facility Containment Vessel.Analysis of Finite Element Model Performed on One Quarter of Panel Bounded by Longitudinal & Meridional Stiffeners ML19339C9211981-02-0909 February 1981 Testimony Re Methodology Used in Performing Analysis of Ultimate Capability of Facility Containment Vessel to Withstand Pressures Similar to TMI-type Accident.Prof Qualifications Encl ML19339C9151981-02-0909 February 1981 Testimony Re Facility Measures Taken Subsequent to TMI Accident in Areas of Personnel,Equipment,Procedures & Training to Preclude Improper Operator Termination of Eccs.Prof Qualifications Encl ML19339C9201981-02-0909 February 1981 Testimony Re Purpose,Components & Operation of Distributed Ignition Hydrogen Mitigation Sys Installed at Facility.Sys Will Ignite Small Quantities of Hydrogen,Preventing Large Quantities from Burning.W/Prof Qualifications ML19339C9191981-02-0909 February 1981 Testimony Identifying & Describing Sys in Facility Containment Able to Mitigate Effects of Excessive Hydrogen Generation Resulting from TMI-type Accident.Prof Qualifications Encl 1999-09-20
[Table view] Category:PLEADINGS
MONTHYEARML20004F4851981-06-16016 June 1981 Answer Opposing Carolina Environ Study Group 810606 Request to Stay ASLB 810419 & 0526 Decisions.Util Compliance W/Regulations Entitles ASLB to Find Facility Can Be Operated W/O Undue Risk to Public Health.Certificate of Svc Encl ML20004F0131981-06-0808 June 1981 Exceptions to ASLB 810526 Supplemental Initial Decision & 790418 Initial Decision.Aslb Erred in Rejecting Jl Riley Evidence as Expert Witness & Decision That Riley Affidavit Not Responsive.Affidavit of Suc Encl ML20004D4231981-06-0505 June 1981 Request for Stay of Initial & Supplemental Initial Decisions.Aslb Lacks Basis for Finding Operation Would Not Expose Public to Undue Risk Since Board Did Not Determine Consequences of Shell Rupture.Affirmation of Svc Encl ML20004D4161981-06-0505 June 1981 Request for Stay of Initial & Supplemental Initial Decisions.Commission Should Refer Decisions to ASLAP for Review.Potential for Irreparable Harm Due to Serve Hydrogen Explosion Is Great.Affirmation of Svc Encl ML20004C8571981-06-0101 June 1981 Response in Opposition to Carolina Environ Study Group 810515 Motion to Permit Appeal of ASLB 810506 Order Denying Util Request for 35% Power Operations.Party May Not Appeal Favorable Decision.Certificate of Svc Encl ML19345G9021981-04-17017 April 1981 Response in Opposition to Carolina Environ Study Group 810402 Motion Questioning Util 810324 Request for OL for 35% Power level.TMI-type Accident Is Not Credible.Proposed Order & Certificate of Svc Encl ML19343D3451981-04-17017 April 1981 Response Opposing Applicant Request for Waiver,Exception or Exemption from 10CFR2,App B.No Special Circumstances Exist to Waive Procedures ML19347D9171981-04-0909 April 1981 Response in Opposition to Carolina Environ Study Group 810406 Request for Extension to File Findings of Fact & Conclusions of Law.Applicant Transcripts Available to Intervenors.Certificate of Svc Encl ML19350D2471981-04-0606 April 1981 Request for 10-day Extension to File Proposed Findings of Fact & Conclusions of Law.Counsel Occupied W/Other Cases. Certificate of Svc Encl ML19343D1461981-04-0606 April 1981 Response Opposing Carolina Environ Study Group 810302 Request for Certification or Referral.Request Unnecessary Since Commission Has Specifically Addressed Issue. Certificate of Svc Encl ML19347D9761981-04-0303 April 1981 Response Opposing Applicant 810327 Submittal of Jl Riley Affidavit & Affirmation of Svc.Filing Is Contrary to ASLB Ruling.Record Is Closed & Filing Is Not Responsive ML19347D9791981-04-0303 April 1981 Response to Jl Riley 810327 Affidavit Re Polyurethane Pyrolysis in Form of Encl Wh Rasin Affidavit ML19350D2501981-04-0202 April 1981 Reply Opposing Applicant 810324 Motion for License Authorizing Up to 35% Rated Power Operation.Alleged Need to Bolster Util Summer Reserve Is Result of Scheduling Oconee 1 Maint During Summer Peak.W/Certificate of Svc ML19347D7811981-03-24024 March 1981 Request for License Authorizing Operation Up to & Including 35% Rated Power.Fuel Loading,Initial Criticality & Zero Power Physics Testing to Be Completed by 810515.Certificate of Svc Encl ML19341D4501981-03-0202 March 1981 Response in Objection to ASLB 810217 Memorandum & Order Denying Admission of Contentions 5 & 6.Supplementary EIS on Class 9 Accident Is Necessary Predicate in Proceeding.Denial Should Be Certified to Commission.W/Certificate of Svc ML19350B7511981-02-26026 February 1981 Carolina Environ Study Group Application for Subpoenas Re Reopened McGuire Units 1 & 2 OL Proceeding.List of Proposed Witnesses & Questions Encl.Related Correspondence ML20003B3151981-02-0404 February 1981 Request for Reconsideration of Schedule.Carolina Environ Study Group Should Be Allowed to Submit Prefiled Testimony Seven Days After Receipt of NRC Complete Prefiled Testimony. Certificate of Svc Encl.Related Correspondence ML19345E8431981-02-0202 February 1981 Response Opposing Carolina Environ Study Group Motion & Memorandum to Add Contentions.Question of Need to Suppl EIS Resolved.No Special Circumstances Exist to Include Charlotte,Nc in Emergency Plans ML20002E0871981-01-21021 January 1981 Memorandum Supporting Carolina Environ Study Group Motion to Add Contentions 5 & 6 Advanced in 801107 Reply to Applicant Motion for Summary Disposition.Notice of Appearance & Certificate of Svc Encl ML20002E0531981-01-19019 January 1981 Response to Mecklenburg County Board of Commissioners & City of Charlotte 801231 & 810113 Requests to Participate. Applicant Has No Objection.Certificate of Svc Encl ML19340E5881981-01-0808 January 1981 Motion to Suppl 801107 Contentions 5 & 6 W/Memorandum of Law.No Objection to Extension for Reply.Certificate of Svc Encl ML19340D2821980-12-15015 December 1980 Response to Carolina Environ Study Group Motion to Add Further Contentions.Carolina Environ Study Group Addl Contentions 5 & 6 Found Factually & Legally Flawed & Merit Denial.Certificate of Svc Encl ML19345E0491980-12-0202 December 1980 Response in Opposition to M Fennel 800926 Request to Reopen Hearing If Viewed as Late Petition to Intervene.Certificate of Svc Encl ML19339C3361980-11-12012 November 1980 Supplemental Filing Re Applicant Motion for Summary Disposition of Application for Fuel Loading & Low Power Testing.Calls Attention to Encl 801021 Fr Notice.Urges Expedited Consideration.Certificate of Svc Encl ML19340C4801980-11-0707 November 1980 Response in Opposition to Applicant 800930 Motion for Summary Disposition Re Application for License Authorizing Fuel Loading.Moves for Consolidated Hearing Re Provisionary & Full Term Ols.Related Correspondence ML19340B7751980-11-0707 November 1980 Suppl to Statement of Matl Facts Re Absence of Issues to Be Heard.Hydrogen Generation Event During Worst Case May Be Terminated Prior to Onset of Core Damage.Notice of Mu Rothschild Appearance & Certificate of Svc Encl ML19339B5581980-11-0303 November 1980 Comments on Commission 800926 Order Requesting Positions of Parties on Carolina Environ Study Group Revised Motion to Reopen Record.Affirms Prior View That CLI-80-16 Has No Direct Bearing on Motion.Certificate of Svc Encl ML19347B4111980-10-0909 October 1980 Response in Opposition to P Edmonston 801002 Request to Make Statement,If Viewed as Petition to Intervene.No Objection If Viewed as Request to Make Limited Appearance Statement If Hearing Held.Certificate of Svc Encl ML19347B3641980-10-0808 October 1980 Response in Opposition to s Wilson 800930 Ltr,If Viewed as Late Petition to Intervene.No Objection to s Wilson Public Statement,If Hearing Reopened.Certificate of Svc Encl ML19332B1231980-09-19019 September 1980 Submittal Updating Applicant 800903 Response in Opposition to Carolina Environ Study Group Motion to Reopen OL Record Re Hydrogen Generation Control Issue Arising from TMI Accident.Certificate of Svc Encl ML19331E0001980-09-0303 September 1980 Response in Opposition to Carolina Environ Study Group 800609 & 0815 Motions Requesting Reopening of Hearing Record.New Contentions Re Emergency Planning & Comparative Containment Design Are Impermissible Attack on Regulations ML19344D8671980-08-22022 August 1980 Response in Opposition to VB Dykes 800729 Ltr If Viewed as Late Petition to Intervene.Does Not Object to Request Re Appearance as Representative of Greenville League of Women Voters,If Hearing Reopened.Certificate of Svc Encl ML19327A3241980-08-0101 August 1980 Motion for Low Power OL Authorizing Fuel Loading,Initial Criticality,Zero Power Physics Testing & low-power Testing. Applicant Complied & Will Comply w/NUREG-0694,Pages 10-20. Certificate of Svc Encl ML19330C4291980-07-29029 July 1980 Petition for Hearing in Charlotte,Nc Re Containment Bldg. Certificate of Svc Encl ML19329G1021980-07-0909 July 1980 Response in Opposition to Carolina Environ Study Group Motions to Add New Contentions & to Reopen OL Hearing. Petitioner Failed to Comply W/New Evidence Criterion ML19318B3301980-06-24024 June 1980 Request for Extension Until 800707 to Respond to Carolina Environ Study Group 800609 Motions to Admit New Contentions & Reopen Record.Possibility of Stipulation Is Being Discussed W/Intervenor.Certificate of Svc Encl ML19326D6551980-06-0909 June 1980 Response in Opposition to Applicant 800520 Motion to Terminate Stay of ASLB 790418 Initial Decision.Suppl 3 to SER Indicates That NRC Review,Re TMI-related Requirements,Is Not Complete.Intervenor 800609 Ltr to Util Encl ML19326D6601980-06-0909 June 1980 Motion to Admit TMI-related New Contentions & to Reopen OL Hearing.Consequences of Significant Hydrogen Release in Westinghouse Containment,Were Not Subj of Adversary Proceedings.Contentions & Certificate of Svc Encl ML19323H0301980-05-30030 May 1980 Motion to Terminate Stay of ASLB 800418 Initial Decision Due to NRC 800523 Issuance of Suppl 3 to Ser.Requests Expeditious Issuance of full-term OL & Commencement of Initial Fuel Loading in Late Summer.W/Certificate of Svc ML15219A0471980-04-28028 April 1980 Statement of Board of Commissioners' Position in Opposition to Radwaste Transportation Through Gaston County,Nc.Urges Transportation Via Interstates 77 & 85.Encourages Expending Energy & Money for Recycling.W/Correspondence ML19241A9891979-05-17017 May 1979 State of Il Opposition to NRC 790504 & Comm Ed 790507 Motions for Reconsideration &/Or Clarification & Referral of ASLB 790419 Memo & Order Admitting Contentions 6 & 11 ML19282A6981979-01-28028 January 1979 Intervenor'S Petition to Reopen Safety Phases of Licensing Proceedings.Urges Review of Pressure Suppression Containments,Lack of Rod Sys Required by WASH-1270 & Possible Inadequacy of Stud Bolts ML20064E8161978-11-13013 November 1978 Applicant Dpc'S Reply to Intervenor Cesg'S Proposed Findings of Fact & Argument in Support of Consideration Submitted 781019.Asserts Inter Alla,That Proposed Findings Raise Impermissible Challenges to NRC Regs.Cert of Svc Encl ML20064D9101978-11-0101 November 1978 Applicant Dpc'S Request for Extension of Time to File Reply to Intervenor Cesg'S Proposed Findings of Fact.Dpc Asserts That Its Reply Req Input of Certain Persons Who Have Been Recently Unavailable.Cert of Svc Encl ML20064C4561978-09-28028 September 1978 Response to J Riley Affidavit Re Trends in Util Base Load. Util Contends That Affidavit Should Not Be Received by Board ML20064C0641978-09-25025 September 1978 Responses by Applicant to Motions by Intervenor to Reopen Environ Hearing to Add Contentions.Applicant Submits That Each Motion Should Be Denied ML19317E2621975-03-28028 March 1975 Settlement Agreement Between Applicant,Municipal Intervenors,Nc Electric Membership Corp & Blue Ridge Electric Membership Corp ML19317E2431975-03-28028 March 1975 Joint Motion of Applicant & Municipal Intervenors to Accept Settlement & Terminate Proceeding.Settlement Agreement Dtd 750328, & Order on Joint Motion of AEC & DOJ to Place Conditions on Facility OLs Encl ML19317E2041974-05-24024 May 1974 Motion by Municipal Intervenors to Suspend Procedural Schedule.Certificate of Svc Encl ML19317E3591974-02-0707 February 1974 Joint Motion by DOJ on Behalf of Aec,Intervenors & Applicant Requesting Changes in Schedule of Proceeding Per ASLB Request.Certificate of Svc Encl 1981-06-08
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/ 's 1 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION rc0rm 4 e
BEFORE THE ATOMIC SAFETY AND LICENSING BOA a -~.
APR 101981 ~mrj $
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In the Matter of ) ( ,
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) s>., N DUKE POWER COMPANY ) Docket Nos. 50-369 - -
) 50-370 (William B. McGuire Nuclear )
Station, Units 1 and 2) )
APPLICANT'S OPPOSITION TO CESG MOTION FOR AN EXTENSION OF TIME TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 6, 1981, Intervenor filed a Motion for an Exten-sion of Time to File Findings of Fact and Conclusions of Law.
The basic grounds for support for its position are: (1) unavailability of transcripts; (2) personal obligations of the Intervenor and Counsel. Applicant submits that these grounds are totally lacking and thus the motion should be denied.
At the outset Applicant maintains that the instant motion is yet another attempt of the Intervenor to delay the timely licensing of McGuire. The need for the timely issuance of a license is well known to the Board. It is with this in mind that the Applicant urged the Board to impose an expedited pro-posed findings schedule. Tr. 5234-40. The Board in its dis-cretion c4 conducting the proceeding determined that such o expedited schedule was warranted. Tr. 5256. Intervenor r sTM now ?\>
attempt to circumvent the Board's ruling on the basis o:k/ IU.flll!/.ch/V sq is,'
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extraneous matter. * *31 m .
3\iv.s.,,[5:ff[ =i pron 1:
With respect to availability of the transcripts, the(i ' f@
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Staff at the hearing informed the Board that it would provide' ' '.~.~ :-
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W such to the Intervenor so as to enable it to file timely findings. Tr. 5255. Applicant, cognizant of the fact that the vagaries of the mail might result in a delay.of receipt of the transcripts, and anticipating that Intervenor would raise the precise issue raised in this motion, personally contacted Mr. Riley on the 20th of March, 1981 (the day after the hearing was completed) and informed him that he could use Applicant's transcripts until he had received the Staff trans-cripts. Applicant made this fact known to the Board and parties during the conference call of March 25, 1981. There-fore, there is absolutely no basis to Intervenor's claim in this regard.
Intervenor makes much of the various responsibilities of both its president and its counsel. The short answer to this position is that Intervenor has responsibility to this proceed-ing as well. As the Appeal Board noted "any individual under-taking to play an active role in several proceedings which are moving forward simultaneously is apt to find it necessary from time to time to expend extra effort to meet the prescribed schedule in each." Philadelphia Electric Company, et al. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-566, 10 NRC 527, 530 (1979). So it is in the instant case.
10 CFR S2.754 (a) (2) provides that, absent a Board order to the contrary, Intervenor's will be provided 30 days to file proposed findings; the Board's ruling gives them 25 days. Considering that this is a reopened proceeding, given that Intervenor is
a experienced, given that Intervenor was represented by exper-ienced counsel and given the need for the timely receipt of a license it was proper for the Board to so rule. Inasmuch as 30 days is considered a reasonable amount of time in the normal instance, and given that the above factors render 25 days a reasonable amount of time, there is no basis for extending the April 13, 1981 filing date for Intervenor's Proposed Findings of Fact and Conclusions of Law. 1/
Respectfully submitted,
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Shz Michael McGarry, III DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C. 20036 (202) 857-9800 Of Counsel William L. Porter Associate General Counsel DUKE POWER COMPANY April 9, 1981
-1/ Applicant notes that failure to file proposed findings as directed may be grounds for the imposition of sanctions.
Indeed, 10 CFR S2.754(b) provides:
Failure to file proposed findings of fact, conclusions of law or briefs when directed to do so may be deemed a default, and an order or initial decision may be entered accordingly. (emphasis supplied).
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUKE POWER COMPANY ) Docket Nos. 50-369
) 50-370 (William B. McGuire Nuclear )
Station, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Opposition to CESG Motion For an Extension of Time to File Findings of Fact and Conclusions of Law" dated April 9, 1981 in the cap-tioned matter, have been served upon the following by deposit in the United States mail this 9th day of April, 1981.
- Robert M. Lazo, Esq. Edward G. Ketchen, Esq.
Chairman, Atomic Safety and Counsel for NRC Regulatory Licensing Board Staff U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission
- Dr . Emmeth A. Luebke Washington, D.C. 20555 Atomic Safety and Licensing Board William L. Porter, Esq.
U.S. Nuclear Regulatory Associate General Counsel Commission Duke Power Company Washington, D.C. 20555 Post Office Box 33189 Charlotte, North Carolina 28242
- Dr. Richard F. Cole Administrative Judge Chairman U.S. Nuc' lear Regulatory Atomic Safety and Licensing Commission Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission Washington, D.C. 20555 Washington, D.C. 20555 Jesse L. Riley Diane B. Cohn President William B. Schultz Carolina Environmental Public Citizen Litigation Group Study Group Suite 700 854 Henley Place 2000 P Street, N.W.
Charlotte, North Carolina 28207 Washington, D.C. 20036
- Designates those hand delivered.
Chairman, Atomic Safety Shelly Blum, Esq.
and Licensing Appeal Board 1402 Vickers Avenue U.S. Nuclear Regulatory Durham, North Carolina 27707 Commission Washington, D.C. 20555 Chase R. Stephens Docketing and Service Section Dr. John M. Barry Office of the Secretary Department of Environmental U.S. Nuclear Regulatory Health Commission Mecklenburg County Washington, D.C. 20555 1200 Blythe Boulevard Charlotte, North Carolina 28203
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- ex.sA*.cr J. Michael McGarry,,III
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