ML19318B328

Response in Opposition to Intervenors' 800606 Motion to Reconsider or Reopen Record.Applicant Has Already Opposed D Springer Petition & Affidavit,On Which Intervenors' Motion Was Based,As Untimely & Unsupported.Certificate of Svc Encl

ML19318B328
Person / Time
Site:	Perkins
Issue date:	06/23/1980
From:	Mcgarry J, Porter W DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006250251
Download: ML19318B328 (3)

Text

J -

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER COMPANY ) Docket Nos. STN 50-488

) STN 50-489 (Perkins Nuclear Station ) STN 50-490 Units 1, 2 and 3) )

APPLICANT'S RESPONSE TO INTERVENORd MOTION TO RECONSIDER OR REOPEN THE RECORD On June 6, 1980, Intervenors' filed a motion to reconsider or reopen the record. The sole basis for Intervenors' motion is the Petition and Affidavit of David Springer which was re-cently filed with this Licensing Board. Applicant has already responded to the Petition and Affidavit of David Springer as being untimely and raising allegations that are totally unsup-ported by the facts. Inasmuch as the Intervenors' motion relies only upon Mr. Springer's pleadings, which pleadings Applicant maintains should be denied, Applicant respectfully requests that Intervenors' motion be denied.

Respectfully submitted,

'

,

f N,l &

Michael Mi:Garry, I y l Of counsel:

l William L. Porter, Esq.

l Associate General Counsel l Duke Power Company June 23, 1980 l

t

.

80062502gf

_ ._

s .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

DUKE POWER COMPANY ) Docket Nos. STN 50-488

) STN 50-489 (Perkins Nuclear Station ) STN 50-490 Units 1, 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to Inter-venors' Motion'to Reconsider or Reopen the Record," dated June 23, 1980 in the captioned matter, have been served upon the follow-ing by deposit in the United States mail this 23rd day of June, 1980.

Elizabeth S. Bowers Charles A. Barth, Esq.

Chairman, Atomic Safety Counsel for NRC Regulatory and Licensing Board Staff U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. Donald P. deSylva Washington, D.C. 20555 Associate Professor of Marine Science William A. Raney, Jr., Esq.

Rosenstiel School of Marine Special Deputy Attorney and Atmospheric Science General University of Miami State of North Carolina Miami, Florida 33149 Department of Justice Post Office Box 629 Dr. Walter H. Jordan Raleigh, North Carolina 27602 881 West Outer Drive Oak Ridge, Tennessee 37830 William G. Pfefferkorn, Esq.

2124 Wachovia Building William L. Porter, Esq. Winston-Salem, North Carolina 27101 Associate General Counsel Duke Power Company David Springer Post Office Box 2178 The Point Farm, F3 #4 Charlotte, North Carolina 28242 Mocksville, North Carolina 27028

.

J

!

. .

Mary Apperson Davis Route 4 Box 261 Mockeville, North Carolina 27028 Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Mr. Chase R. Stephens Commission Docketing and Service Station Washington, D.C. 20555 Office of the Secretary U.S. Nuclear Regulatory Chairman, Atomic Safety and Commission Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

/ r C ./' /

"J . Michael McGarry, I g

.

e i

!

J l

]