ML19339B558

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

ML19339B558
Person / Time
Site:	Mcguire, McGuire
Issue date:	11/03/1980
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011070244
Download: ML19339B558 (4)

Text

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f?7)3,l$5D M th. l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

BEFORE THE ATOMIC SAFETY AND LICENSING BC @rRDeg~or ' y _,,

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[) s . q,. s-In the Matter of ) e 4,

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DUKE POWER COMPANY ) Docket Nos. 50-3 6 9 _' v f. '.

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(William B. McGuire Nuclear ) a h .- #

Station, Units 1 and 2) ) g{l APPLICANTS' COMMENT ON COMMISSION'S SEPTEMBER 26, $80

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ORDER IN METROPOLITAN EDISON COMPANY y 3 y (THREE MILE ISLAND NUCLEAR STATION, UNIT NO. 1) W On September 4, 1980, the NRC Staff, in a pleading regard-ing "CESG's Revised Motion to Reopen the Operating License Proceeding..." etc., recommended that the Licensing Board "should defer ruling on CESG's motion to reopen the record...until the Commission rules on the motion to reconsider CLI-80-16."1/ Upon issuance of the reconsideration decision the Staff suggested that the parties be given 15 days to file simultaneous replies.

On September 26, 1980, the Commission issued its decision on the reconsidered matter. In a conference call of October 28, 1980, the Board requested positions from the parties on this matter. At that time Applicant expressed the view that the Commission's decision did not have a direct bearing on the

-1/ CLI-80-16 is the Commission's decision regarding certified hydrogen related questions in the Three Mile Island, Unit 1 restart proceeding. 11 NRC 674 (May 16, 1980) 50$

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issue of whether CESG's motion to reopen should be granted; rather the decision was of assistance in ascertaining the scope of the hearing once it has been determined that such would be necessary. Applicant has reexamined the Commission's reconsideration decision and continues to remain of the above view, Respectfully submitted, G44/ 'J w

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/DEBEVOISE & LIBEMichael M fc arry, 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 Of Counsel:

William L. Porter, Esq.

Associate General Coansel Duke Power Company November 3, 1980

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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

) 50-370 (William B. McGuire Nuclear )

Station, Units 1 and 2) ) .

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Comment on Commission's September 26, 1980 Order in Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1) dated November 4, 1980 in the captioned matter, have been served upon the following by deposit in the United States mail this

'- 4th day of November, 1980.

itobert 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 ihr. 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 Carolina 28242 Dr. Cadet H. Hand, Jr.

Director Chairman i Bodega Marine Laboratory Atomic Safety and Licensing

) of California Board Panel

Post Office Box 247 U.S. Nuclear Regulatory l Bodega Bay, California 94923 Commission Washington, D.C. 20555 Jesse L. Riley President Carolina Environmental Study Group 854 Henley Place Charlotte, North. Carolina 28207

• Delivered by hand.

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Chairman, 5 tom [c 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

. Michael McGyrry, ITI l

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