ML19332B211

Response in Opposition to Jj Scott 800911 Ltr Seeking Intervention If OL Record Reopened.Petition Deficient,But Limited Appearance Statement May Be Granted.Certificate of Svc Encl

ML19332B211
Person / Time
Site:	Mcguire, McGuire
Issue date:	09/23/1980
From:	Mcgarry J, Porter W CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DEBEVOISE & LIBERMAN
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8009260273
Download: ML19332B211 (4)

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• UNITED STATES OF AMERICA N>

NUCLEAR REGULATORY COMMISSION Y dh[dif.]See ary B:anch BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Q, '?r '

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In the Matt'er of )

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DUKE POWER COMPANY ) Docket Nos. 50-369

) 50-370 (William B. McGuire Nuclear )

Station, Units 1 and 2) )

APPLICANT'S RESPONSE TO LETTER OF JOAN J. SCOTT On September 11, 1980, Ms. Joan J. Scott filed with the NRC a letter regarding the captioned proceeding.1/ Ms. Scott's letter apparently requests that in the event of a reopened public hearing regarding the issuance of an operating license to the William B. McGuire Nuclear Facility, she be authorized to make a public statement. To such a request, Applicant does not object.2/

To the extent that Ms. Scott's letter is viewed as a late petition to intervene in this proceeding, Applicant submits l

~1/ Service of Ms. Scott's letter on Applicant was by mail  ;

from the NRC on September 16, 1980. Thus, Applicant I Calculates that its response is due by October 1, 1980, 10 CFR S2.710 and 52.714.

2/ In this regard, Applicant reaffirms its position that the proceeding should not be reopened. See " Applicant's Response to 'CESG's Motion To Add New Contentions And To Reopen The McGuire Operating License Hearing'" (July 9, 1980) and "CESG's Revised Motion To Reopen The Operating License Proceeding; Motion To Deny Applicant's Request For Fuel Loading, Etc.; and Revised Contentions" (August 15, 1980).

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4 2-that the petition is totally deficient and warrants summary denial'. 10 CFR S2.714.

Respectfully submitted,

, 5

. Michael McG&rry, II' DEBEVOISE & LIBE 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9800 Of Counsel:

William L. Porter, Esq.

' Associate General Counsel ,

Duke Power Company September 23, 1980

9 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 Response to Letter of Joan J. Scott" dated September 23, 1980 in the captioned matter, have been served upon the following by deposit in the United States mail this 23rd day of September, 1980.

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 2178 Charlotte, North Carolint. 28242 Dr. Cadet H. Hand, Jr.

Director Chairman Bodega Marine Laboratory Atomic Safety and Licensing of California Board Panel Post Office Box 247 U.S. Nuclear Regulatory Bodega Bay, California 94923 Commission Washington, D.C. 20555 Jesse L. Riley President Carolina Environmental .

Study Group l

854 Henley Place <

Charlotte, North Carolina 28207 -

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I

J Chairman, Atomic Safety Chase R. Stephens and Licensing Appeal Board Docketing and Service U.S. Nuclear Regulatory Section Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

. L/f' J. Michael McG6rry, I l

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