ML19338C801

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

ML19338C801
Person / Time
Site:	Perkins
Issue date:	09/02/1980
From:	Springer D AFFILIATION NOT ASSIGNED
To:
Shared Package
ML19338C800	List: ML19338C797 ML19338C801 ML19338C802
References
NUDOCS 8009050300
Download: ML19338C801 (2)

Text

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f%e 1 9 i 3-I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

In the Matter of )

Docket Nos. STN 50-488 DUKE POWER COMPANY

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STN 50-489 STN 50-490

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(Perkins Nuclear Station )

Units 1, 2 and 3 ) ,

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p,e HOTICE OF APPEAL No tice is hereby given of appeal from Ofder of the Atomic Safety & Licensing Board denying appellant's motion of April 15,198' Grounds for appeal are:

(a) Staff has not discharged it's non-delegable duty to take an even handed hard look at alternate sites.

(b) Atomic Safety & Licensing Board has made no finding that Staff took 5n even handed hard look at alternats sites.

(c) Staff misrepresented to the Atotic Safety &

Licensing Board as to the position of the State re availability of once through cooling. This is distinguished from the Board being in fact mislead.

(d) It is strictly conjecture that a permit for once through cooling would not be granted for one or more 1280 Mw Perkin units at lake Norman. The difference is that tower cooling forever forecloses conservation of energy, water and financial resources.

(e) Staff must consider once through cooling possibility even though no application for a 401 permit has been 8 0 09050 E3()C)

filed.

(f) Staff has developed only ways water, energy and financial resources cannot be conserved.

(g) Staff has not complied with and the tomic S;ffety & Licensing Board has not found or required compliance with 10 CFR $0.20 (a), (b) and/or (c').

(h) Mentioning an alternative is far different than taking an even handed hard look at that alternative.

(i) It is error to base the irreysible and irretrivab commitment of energy, water and financial resources of the nation on the hearsay personal opinion of two State employees. Such commitment requires at minimum the supported opinion of the i

State body responsible.

(j) The Appeal Board should exercise the plenary power of the Commission and instruct Staff to defelope with an

.even hadded.:hard look the possibi?.ity of conserving energy, water amu financial resources..

(k) Appell' ant needs no standing to raise UEFA issues to the Board.

(k) The Apneal Board should exercise the plenary power of the Commission and allow appellant to intervene.

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Secon d Respectfully submftlid this ammm2. day

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i of November, '980. c- s- f

~bl fLlt%vr1V UA iD spi NGER The Point Farm, Rt. #4, Mocksville, North Carolina 27028 (Phone 919-998-8235 i

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