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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20054F5991982-06-14014 June 1982 Response Supporting Util 820419 Motion to Withdraw CP Application W/O Prejudice & Opposing Award of Costs & Attys Fees to Intervenor.Expenses Resulted from Intervenor Actions.Certificate of Svc Encl ML20053D2351982-05-28028 May 1982 Reply Opposing Intervenor 820429 Response to Util 820419 Motion to Withdraw Application for Cps.Application Should Be Dismissed W/O Prejudice & Util Should Not Be Required to Pay Intervenor Costs & Atty Fees.Certificate of Svc Encl ML20052F9151982-05-10010 May 1982 Response Opposing Applicant Motion for Leave to File Reply. No New Issues Raised in Response & Mere Fact Motion Superficial Not Valid Reason for Allowing Reply ML20052E5541982-05-0606 May 1982 Motion for Leave to File Reply to Intervenor 820429 Response to Util Motion to Withdraw Application for CPs W/O Prejudice.Factual & Legal Arguments in Intervenor Response Could Not Be Anticipated.Certificate of Svc Encl ML20052C7221982-04-29029 April 1982 Response to Applicant Motion to Withdraw.Proceeding Should Be Dismissed W/Prejudice & Costs,Fees & Expenses Paid by Applicant.Certificate of Svc Encl ML20054E1661982-04-21021 April 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054E0491982-04-19019 April 1982 Motion to Withdraw Application for CPs W/O Prejudice. Intervenors Failed to Meet Compelling Burden of Justification to Establish Demonstrated Injury in Order to Dismiss Applications W/Prejudice.Certificate of Svc Encl ML20042B2391982-03-19019 March 1982 Motion for Leave to File Reply to Intervenor 820311 Response to Motion to Withdraw Applications.Intervenor Response in Requesting Dismissal Be W/Prejudice Is in Fact Motion for Addl Relief.Certificate of Svc Encl ML20041F7821982-03-11011 March 1982 Response to Applicant Motion to Withdraw.Motion Should Be Granted & Proceeding Terminated W/Prejudice.Applicants Should Pay All Intervenor Costs Including Atty Fees. Certificate of Svc Encl ML20069B9541982-03-0202 March 1982 Motion to Withdraw W/O Prejudice CP Applications.Board of Directors Voted to Withdraw Applications on 820223. Proceedings Should Be Terminated as Moot.Certificate of Svc Encl ML20041C3451982-02-19019 February 1982 Point of Information Notifying All Parties That Any Attempt by Applicant to Salvage Findings Produced by Incomplete Info,Studies & Misleading Pressure & Haste Should Be Rejected.Certificate of Svc Encl ML20040F3761982-02-0303 February 1982 Notice of Appearance in Proceeding ML20040A8261982-01-11011 January 1982 Opposition to Matl in Intervenors' 820106 Response to Aslab 811229 Order & Request to Strike.Info Comparing Lake Level of Lake Norman W/High Rack Lake in Fall 1981 Should Not Be Received by Aslab.Certificate of Svc Encl ML20039E9941982-01-0505 January 1982 Response to Order.Motion to Consider New Evidence & Reopen Record Designation for High Rock Lake Association,Inc Was Incorrect.Info Listed Re Lake Level.Certificate of Svc Encl ML20039C2371981-12-23023 December 1981 Response Opposing Intervenors' 811208 Motion to Consider New Evidence & Reopen Proceeding.Motion Fails to Meet Stds for Reopening Proceeding.New Evidence Is Unsupported Allegation of Recreational Use.Certificate of Svc Encl ML20062M2061981-12-0808 December 1981 Motion to Consider New Evidence & Reopen Proceedings.New Evidence Consists of Extensive Use of High Rock Lake During Fall & Lack of Any Rule Re Curve Protection.Certificate of Svc Encl ML20008G1181981-05-0505 May 1981 Response Transmitting Replies to ASLB 810428 Order Which Inquired Into Impact Conclusions in 810402 Nucleonics Week Rept Might Have on Future Plans.Replies Were Previously Submitted for Similar Requests.W/Certificate of Svc ML19343D6101981-04-30030 April 1981 Response in Opposition to Intervenor 810416 Pleading. Commission Regulations Prohibit Response,So Pleading Should Be Stricken.Item 3 of D Springer 810412 Ltr to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc Encl ML20003F6751981-04-16016 April 1981 Intervenors' Response.Use of Site More than one-half Mile North of Other Two Sites Was Prejudicial to Site Comparison W/Facility ML19345G8841981-04-13013 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record.Motion Is Untimely & Lacks Showing of Good Cause. Intervenor Allegation Insignificant & Would Not Alter Result ML19345G8871981-04-10010 April 1981 Affidavit Re Maps Submitted W/Intervenor 810401 Motion for Reopening of Record.Maps Portray Same Sites Visited by Applicant,Nrc & Intervenor Representatives.Certificate of Svc Encl ML20126H5041981-03-31031 March 1981 Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.Certificate of Svc Encl ML20002E1381981-01-21021 January 1981 Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl ML19340D9451980-12-31031 December 1980 Brief in Opposition to Intervenor 800829 Exceptions to ASLB 800222 Partial Initial Decision 3 Holding No Obviously Superior Alternative Site Exists.Decision Should Be Affirmed.Certificate of Svc Encl ML19345B3001980-11-24024 November 1980 Request for Extension Until 801231 to File Brief Supporting 801028 Exceptions Due to Heavy Case Load.Certificate of Svc Encl ML19339B0261980-10-28028 October 1980 Exceptions & Notice of Appeal from ASLB 800222 Partial Initial Decision Approving Alternate Site Analysis. Uncontradicted Evidence of Water Defect Was Disregarded by Aslb.Certificate of Svc Encl ML19337A4761980-09-24024 September 1980 Responsive Brief in Opposition to D Springer 800902 Notice of Appeal from ASLB 800814 Order Denying Petition to Intervene.Urges Affirmation of Order Due to Unjustifiable Late Intervention.Certificate of Svc Encl ML19338E1751980-09-18018 September 1980 Motion for 30-day Extension to File Brief Re Intervenors' 800829 Exceptions to ASLB 800222 Partial Initial Decision. Counsel Involved in Serious Family Matter.Certificate of Svc Encl.Granted on 800922 ML19338C8021980-09-0202 September 1980 Brief of D Springer in Support of 800415 Petition to Hear Oral Argument Re Opposition to Location of Facilities.No Consideration Given to How Energy,Water & Financial Resources Can Be Conserved.Certificate of Svc Encl ML19338C8011980-09-0202 September 1980 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 ML19331D8761980-08-29029 August 1980 Notice of Appeal from ASLB 800222 Partial Initial Decision Re Alternative Sites.Seeks Exceptions Re ASLB 780717 Order Which Limited Reopening of Record to Evidence Re Staff Analysis of Site Alternative.Certificate of Svc Encl ML19331B9871980-08-0606 August 1980 Brief in Support of 800415 Petition to Intervene.Relies on Appalachian Vs Train Re Finding That Cooling Lakes Are Best Technology Available Per Epa.Urges Participation as Matter of Discretion.Certificate of Svc Encl ML19320A6591980-06-27027 June 1980 Request for 30-day Extension to File Brief in Support of D Springer 800415 Petition to Intervene & Request for Hearing.Certificate of Svc Encl ML19318B3281980-06-23023 June 1980 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 ML19318A7801980-06-18018 June 1980 Response in Opposition to Intervenors' 800611 Motion for Addl Time to File Exceptions to ASLB 800222 Partial Initial Decision Re Alternate Site Issue.Motion Is Based on Springer Affidavit Which Was Opposed by Util.W/Certificate of Svc ML19312F0081980-06-11011 June 1980 Motion for Extension Until 800825 or After to File Exceptions to ASLB 800222 Partial Initial Decision.Awaited Resolution of Petition to Reopen Record Based on D Springer Affidavit May Make Appeal Unnecessary.W/Certificate of Svc ML19316B0951980-06-0909 June 1980 Response in Opposition to D Springer 800415 Affidavit Re 800415 Petition Requesting 60-day Extension to File Documents Supporting Allegations.Adheres to 800509 Position. Certificate of Svc Encl ML19316B1261980-06-0606 June 1980 Motion to Reconsider ASLB 800222 Decision or to Reopen Record Due to Reasons Stated in D Springer Affidavit. Certificate of Svc Encl ML19318A3001980-05-21021 May 1980 Affidavit in Support of D Springer 800415 Petition Alleging That Neither NRC or ASLB Has Fully Considered Potential for once-through Cooling & Tower Cooling.Supporting Documentation & Certificate of Svc Encl ML19323G7751980-05-0909 May 1980 Response in Support of D Springer Petition to Intervene.Addl Info May Be Helpful in Reaching Proper Decision.Certificate of Svc & Supporting Documentation Encl ML19316B1871980-05-0909 May 1980 Response in Opposition to D Springer 800415 Petition to Intervene.Intervenor Advanced Grounds That Have Been Previously Rejected in 1976-77 Petitions.Petition Untimely & Unsupported by Facts.Certificate of Svc Encl ML19323F4911980-04-30030 April 1980 Request for Extension Until 800509 to Respond to D Springer 800415 Petition to Intervene.Petition Was Served at Old Address of Counsel.Certificate of Svc Encl ML19309G5561980-04-15015 April 1980 Petition to Intervene Requesting Appointment of Special Staff to Represent Public Interest W/Integrity.Alleges That Position of State of Nc Was Willfully & Knowingly Misrepresented.Certificate of Svc Encl ML19254F8701979-10-16016 October 1979 Reply in Opposition to Applicant 791009 Response.Nrc re-examination of 790924 Pleading Issues Requires Full Hearing.Decision on Alternate Site & Generic Safety Matters Is Premature.Certificate of Svc Encl ML19210B7691979-10-0909 October 1979 Response to NRC 790924 Motion for Prehearing Conference.No Prehearing Conference Needed Until Completion of TMI Investigations.Certificate of Svc Encl ML19254E0611979-09-27027 September 1979 Motion Requesting Opportunity to Respond to NRC 790924 Pleading Directed to Intervenors' Motion to Dismiss or to Stay Proceedings.States Commitment to File Response on or Before 791009.Certificate of Svc Encl ML19209D2621979-07-26026 July 1979 Affidavit Attesting That Purpose of 790615 Testimony Was to Discuss Util long-range Const Schedules & Plans. Ascertains That No Changes Have Occurred in Util Willingness to Build Facility ML19249E9161979-07-25025 July 1979 Applicant Opposition to Intervenor Motion to Dismiss Proceedings Or,In Alternative,To Stay Action.Draft Affidavit by Wh Owen & Certificate of Svc Encl ML19289E9281979-04-18018 April 1979 Opposes Intervenors' 790305 Motion to Reopen Record & Defer Indefinitely Issuance of Initial Decision on Generic Safety Issue Considerations.Certificate of Svc Encl ML19289F0341979-03-21021 March 1979 Opposes Intervenors 790305 Motion to Reopen Record for Addl Hearing.Requests Initial Decision Be Issued. Certificate of Svc Encl 1982-06-14
[Table view] Category:PLEADINGS
MONTHYEARML20054F5991982-06-14014 June 1982 Response Supporting Util 820419 Motion to Withdraw CP Application W/O Prejudice & Opposing Award of Costs & Attys Fees to Intervenor.Expenses Resulted from Intervenor Actions.Certificate of Svc Encl ML20053D2351982-05-28028 May 1982 Reply Opposing Intervenor 820429 Response to Util 820419 Motion to Withdraw Application for Cps.Application Should Be Dismissed W/O Prejudice & Util Should Not Be Required to Pay Intervenor Costs & Atty Fees.Certificate of Svc Encl ML20052F9151982-05-10010 May 1982 Response Opposing Applicant Motion for Leave to File Reply. No New Issues Raised in Response & Mere Fact Motion Superficial Not Valid Reason for Allowing Reply ML20052E5541982-05-0606 May 1982 Motion for Leave to File Reply to Intervenor 820429 Response to Util Motion to Withdraw Application for CPs W/O Prejudice.Factual & Legal Arguments in Intervenor Response Could Not Be Anticipated.Certificate of Svc Encl ML20052C7221982-04-29029 April 1982 Response to Applicant Motion to Withdraw.Proceeding Should Be Dismissed W/Prejudice & Costs,Fees & Expenses Paid by Applicant.Certificate of Svc Encl ML20054E0491982-04-19019 April 1982 Motion to Withdraw Application for CPs W/O Prejudice. Intervenors Failed to Meet Compelling Burden of Justification to Establish Demonstrated Injury in Order to Dismiss Applications W/Prejudice.Certificate of Svc Encl ML20042B2391982-03-19019 March 1982 Motion for Leave to File Reply to Intervenor 820311 Response to Motion to Withdraw Applications.Intervenor Response in Requesting Dismissal Be W/Prejudice Is in Fact Motion for Addl Relief.Certificate of Svc Encl ML20041F7821982-03-11011 March 1982 Response to Applicant Motion to Withdraw.Motion Should Be Granted & Proceeding Terminated W/Prejudice.Applicants Should Pay All Intervenor Costs Including Atty Fees. Certificate of Svc Encl ML20069B9541982-03-0202 March 1982 Motion to Withdraw W/O Prejudice CP Applications.Board of Directors Voted to Withdraw Applications on 820223. Proceedings Should Be Terminated as Moot.Certificate of Svc Encl ML20040A8261982-01-11011 January 1982 Opposition to Matl in Intervenors' 820106 Response to Aslab 811229 Order & Request to Strike.Info Comparing Lake Level of Lake Norman W/High Rack Lake in Fall 1981 Should Not Be Received by Aslab.Certificate of Svc Encl ML20039E9941982-01-0505 January 1982 Response to Order.Motion to Consider New Evidence & Reopen Record Designation for High Rock Lake Association,Inc Was Incorrect.Info Listed Re Lake Level.Certificate of Svc Encl ML20039C2371981-12-23023 December 1981 Response Opposing Intervenors' 811208 Motion to Consider New Evidence & Reopen Proceeding.Motion Fails to Meet Stds for Reopening Proceeding.New Evidence Is Unsupported Allegation of Recreational Use.Certificate of Svc Encl ML20062M2061981-12-0808 December 1981 Motion to Consider New Evidence & Reopen Proceedings.New Evidence Consists of Extensive Use of High Rock Lake During Fall & Lack of Any Rule Re Curve Protection.Certificate of Svc Encl ML20008G1181981-05-0505 May 1981 Response Transmitting Replies to ASLB 810428 Order Which Inquired Into Impact Conclusions in 810402 Nucleonics Week Rept Might Have on Future Plans.Replies Were Previously Submitted for Similar Requests.W/Certificate of Svc ML19343D6101981-04-30030 April 1981 Response in Opposition to Intervenor 810416 Pleading. Commission Regulations Prohibit Response,So Pleading Should Be Stricken.Item 3 of D Springer 810412 Ltr to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc Encl ML20003F6751981-04-16016 April 1981 Intervenors' Response.Use of Site More than one-half Mile North of Other Two Sites Was Prejudicial to Site Comparison W/Facility ML19345G8841981-04-13013 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record.Motion Is Untimely & Lacks Showing of Good Cause. Intervenor Allegation Insignificant & Would Not Alter Result ML20126H5041981-03-31031 March 1981 Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.Certificate of Svc Encl ML20002E1381981-01-21021 January 1981 Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl ML19345B3001980-11-24024 November 1980 Request for Extension Until 801231 to File Brief Supporting 801028 Exceptions Due to Heavy Case Load.Certificate of Svc Encl ML19339B0261980-10-28028 October 1980 Exceptions & Notice of Appeal from ASLB 800222 Partial Initial Decision Approving Alternate Site Analysis. Uncontradicted Evidence of Water Defect Was Disregarded by Aslb.Certificate of Svc Encl ML19338E1751980-09-18018 September 1980 Motion for 30-day Extension to File Brief Re Intervenors' 800829 Exceptions to ASLB 800222 Partial Initial Decision. Counsel Involved in Serious Family Matter.Certificate of Svc Encl.Granted on 800922 ML19320A6591980-06-27027 June 1980 Request for 30-day Extension to File Brief in Support of D Springer 800415 Petition to Intervene & Request for Hearing.Certificate of Svc Encl ML19318B3281980-06-23023 June 1980 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 ML19318A7801980-06-18018 June 1980 Response in Opposition to Intervenors' 800611 Motion for Addl Time to File Exceptions to ASLB 800222 Partial Initial Decision Re Alternate Site Issue.Motion Is Based on Springer Affidavit Which Was Opposed by Util.W/Certificate of Svc ML19312F0081980-06-11011 June 1980 Motion for Extension Until 800825 or After to File Exceptions to ASLB 800222 Partial Initial Decision.Awaited Resolution of Petition to Reopen Record Based on D Springer Affidavit May Make Appeal Unnecessary.W/Certificate of Svc ML19316B0951980-06-0909 June 1980 Response in Opposition to D Springer 800415 Affidavit Re 800415 Petition Requesting 60-day Extension to File Documents Supporting Allegations.Adheres to 800509 Position. Certificate of Svc Encl ML19316B1261980-06-0606 June 1980 Motion to Reconsider ASLB 800222 Decision or to Reopen Record Due to Reasons Stated in D Springer Affidavit. Certificate of Svc Encl ML19323G7751980-05-0909 May 1980 Response in Support of D Springer Petition to Intervene.Addl Info May Be Helpful in Reaching Proper Decision.Certificate of Svc & Supporting Documentation Encl ML19323F4911980-04-30030 April 1980 Request for Extension Until 800509 to Respond to D Springer 800415 Petition to Intervene.Petition Was Served at Old Address of Counsel.Certificate of Svc Encl ML19254F8701979-10-16016 October 1979 Reply in Opposition to Applicant 791009 Response.Nrc re-examination of 790924 Pleading Issues Requires Full Hearing.Decision on Alternate Site & Generic Safety Matters Is Premature.Certificate of Svc Encl ML19210B7691979-10-0909 October 1979 Response to NRC 790924 Motion for Prehearing Conference.No Prehearing Conference Needed Until Completion of TMI Investigations.Certificate of Svc Encl ML19254E0611979-09-27027 September 1979 Motion Requesting Opportunity to Respond to NRC 790924 Pleading Directed to Intervenors' Motion to Dismiss or to Stay Proceedings.States Commitment to File Response on or Before 791009.Certificate of Svc Encl ML19249E9161979-07-25025 July 1979 Applicant Opposition to Intervenor Motion to Dismiss Proceedings Or,In Alternative,To Stay Action.Draft Affidavit by Wh Owen & Certificate of Svc Encl ML19289E9281979-04-18018 April 1979 Opposes Intervenors' 790305 Motion to Reopen Record & Defer Indefinitely Issuance of Initial Decision on Generic Safety Issue Considerations.Certificate of Svc Encl ML19289F0341979-03-21021 March 1979 Opposes Intervenors 790305 Motion to Reopen Record for Addl Hearing.Requests Initial Decision Be Issued. Certificate of Svc Encl ML20062H0131979-03-0505 March 1979 Intervenors' Motion to Reopen Record & for Addl Hearings Re Reactor Safety & Geological Study.Further Suppl Proposed Findings of Fact Proposed Conclusions of Law. Certificate of Svc Encl ML19284A6161979-02-13013 February 1979 Resolution Opposing Licensing & Const of Facility Based on Tremendous Consumption of Water by Cooling Towers & Large Increase in Electricity Rates ML19261A6551979-01-16016 January 1979 Applicant'S Response & Objections to Intervenors' Request for Production of Documents,Interrogatories, & Request to Admit.W/Encl Documents & Certificate of Svc ML19274D4341979-01-0505 January 1979 Petitioners to Intervene High Rock Lake Association Move That 790129 Hearing in Mocksville,Nc Be Continued Until Nc Environ Mgt Commission & State of Nc Determine Issue Re Lake Norman Siting.Ltr & Certificate of Svc Encl ML19259B1731978-12-22022 December 1978 Preliminary Response by Intervenors to Proposed Supplemental NRC Testimony Re Criteria Used to Select & Examine Site Alternatives.Asserts Testimony Is Vague & Incomplete ML19259B1761978-12-22022 December 1978 Request by Intervenors for Production of Documents, Interrogatories & Request to Admit.Interrogatories Concern Site Selection Criteria.Certificate of Svc Encl ML20062E1351978-11-13013 November 1978 Objects to applicant-proposed Hearing Sched & Proposes Another.Believes It Only Fair That Some Percentage of Time Created by Applicant'S Delay Should Be Used to Provide Intervenors W/Time.W/Encl Cert of Svc ML20148Q2461978-11-13013 November 1978 NRC Staff Response to Applicant'S Motion to Establish a Hearing Sched. Staff Feels It Is Premature to Set Sched as Requested.Staff Will Address non-ACRS Generic Issues at Next Hearing Session.Cert of Svc Encl ML20062D4101978-11-0707 November 1978 Applicant Dpc'S Motion to Establish a Hearing Sched in Proceedings Re Subj Facil.Dpc Maintains That Since All Evidence Has Now Been Taken & NRC Staff Analysis Issued, Matter Is Now Ripe for ASLB Consideration.Cert of Svc Encl ML20062B5011978-10-10010 October 1978 Request for Admissions & Request for Production of Documents & Interrogatories by Intervenors ML19296A0511978-10-0202 October 1978 Intervenor Appeal from ASLB Partial Initial Decision Holding That Environ Impacts from Ra-222 Releases Associated W/U Fuel Cycle Insignificant in Striking Cost Benefit Balance Re Facilities.Certificate of Svc Encl ML20147B4421978-08-28028 August 1978 Intervenors Comments on the Perkins Record as It Relates to the Problem of the Release of Radon to the Environ from Uranium Milling Oper 1982-06-14
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DCOXITED y UNITED STATES OF AMERICA b -
APR 151981, --
NUCLEAR REGULATORY COMMISSION -
4 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARU Q Cff!:a cf the Se:retary C:2! IJeni:e g ~M In the Matter of ) N
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DUKE POWER COMPANY ) Docket Nos. STN 50-488
) 50-489 (Perkins Nuclear Station, ) / 50-490 Units 1, 2 and 3) ) /f f 3 d /
S APPLICANT'S OPPOSITION TO INTERVENORS' MOTION TO REOPEN THE RECORD AND REMAND FOR FURTHER PROCEEDINGS On April 1, 1981, immediately prior to the commencement of oral argument regarding alternative site issues, Intervenors served on Applicant, by hand, its Motion to Reopen the Record and Remand for Further Proceedings. This Atomic Safety and Licensing Appeal Board noted at the outset of the oral argument thst it would expect the Staff and Applicant to respond within the time provided by the Rules of Practice. Oral Argument Tr. 4-5.
Pursuant thereto and 10 CFR S 2.730, Applicant makes the following response in opposition to the motion.
The standards governing reopening of hearing records are clearly set forth in Kansas Gas & Electric Company (Wolf Creek Generating Station, Unit No. 1) ALAB-462, 7 NRC 320, 338 (1978):
As is well settled, the proponent of a motion to reopen'the record has a heavy burden. Duke Power y$C Company (Catawba Nuclear Station, Units 1 and 2), 3 ALAB-359, 4 NRC 619, 620 (1976). The motion must be both timely presented and addressed to a signi-ficant safety or environmental issue. Vermont /[
Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station), ALAB-138, 6 AEC 520, 523 (1973); -
lre Id., ALAB-167, 6 AEC 1151-52 (1975); Georgia Power 7\,h@ ~ k,x{g Company (Alvin W. Vogtle Nuclear Plant, Units 1 and ,s 2), ALAB-291, 2 NRC 404, 409 (1975). Beyond that, f pi 810.4220 W
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1 it must be established that "a different result would have been reached initially had it [the material submitted in support of the motion) been considered."
North,ern Indiana Public Service Company (Bailly Generating Station, Nuclear-1), ALAB-227, 8 AEC 416, 418 (1974).
With respect to motions to reopen which are untimely without good cause, "the movant has an even greater burden; he must demonstrate not merely that the isque is significant but, as well, that the matter is of such gravity that the public interest demands its further exploration." Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 2), ALAB-486, 8 NRC 9, 21 (1978) referencing Vermont Yankee Nuclear Power Corporation, ALAB-138, 6 AEC 520, 523 (1973); Id., ALAB-167, 6 AEC 1151-52 (1973). In short, for Intervenors to be successful, its Motion must show that (1) the issue is timely raised, or that good cause exists for an untimely filing, (2) that the issue is significant and, if it has not been timely raised without good cause, is of such gravity that the public interest demands its further explora-tion in a reopened hearing, and (3) based on the material sub-mitted in support of its Metion that a different result would have been reached had such material been considered.
With respect to timeliness, as the Appeal Board noted (Oral Argument Tr. 4) Intervenors' Motion comes late. Further, there has been absolutely no showing of good cause except a statement to the effect that "Intervenors have just discovered" the alleged discrepancy in the location of the Lake Norman "E" site. Intervenors have made no attempt to demonstrate why this
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- 3-matter could not have been raised at the time of the reopened proceeding regarding alternate sites in 1978. Applicant sub-mits that Intervenors cannot make such a showing. As set forth in the attached Affidavit of D. B. Blackmon, representatives of Intervenors attended the 1978 Staff site visit of the subject Lake Norman "E" site. Testimony of Intervenors' witnesses reflect that they also visited.the Lake Norman "E" site after the preparation of their testimony, i.e., early 1979. (Tr. 3444, 3514-6). If, as suggested by Intervenors, Intervenors' witnesses visited a Lake Norman "E" site different from that visited by the Staff and Intervenors' representatives, such would have been 1
apparent at the time of the presentation of evidence at the January-February 1979 evidentiary hearings.1# No allegation to this effect was made at that time. So postured, it cannot be said that Intervenors have satisfied the first reopening criterion.
With respect to the second reopening criterion, Applicant cannot maintain that, if correct, Intervenors' allegation would be insignificant. Thus, it is necessary to turn to the third reopening criterion, to-wit, whether the material submitted in support of the Motion would lead to a different result. The essence of Intervenors' brief Motion and supporting material is 1/ One of the Intervenors' representatives who visited the Lake Norman "E" site with the Staf f was Mr. David Springer. The record reflects that Mr. Springer assisted Mr. William Pfefferkorn in representing Intervenors at the evidentiary hearings. (Tr. 2823).
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that Applicant has not properly identified the Lake Norman "E" site in this proceeding; that Applicant showed the Staff the wrong Lake ' Norman "E" site, thereby calling into question the Staff review of alternate sites; that Intervenors' witnesses, relying upon other material, visited the real Lake Norman "E"
- site; and that the material presented by Intervenors reflects the Lake Norman "E" site to be in yarious locations. As set forth in the attached Affidavit of D. B. Blackmon, Intervenors' position is simply incorrect. Mr. Blackmon states that the Lake Norman "E" site has always been at the location visited by the NRC Staff and Intervenors' representatives. The record shows the Lake Norman "E" site at a specified location. See Summary Report, Duke Power Company, Phase 1 Siting Study, January 1978, Staff Exhibit 10. The three extra-record documents attached to the l Intervenors' Motion all show the Lake Norman "E" site to be at 1
the same location as reflected in Staff Exhibit 10. Affidavit of D. B. Blackmon. In sum, there is no basis to Intervenors' allegations to the contrary and likewise no compliance with either the second or third reopening criterion.
On the basis of the above, Applicant respectfully requests that Intervenors' Motion to Reopen the Record and Remand for Further Proceedings be denied.
Dated: April 13, 1981 Respectfully submitted, s
William 1. porter i Associate General Counsel Duke power Company P. O. Box 33189 Charlotte, North Carolina 28242 (704) 373-4825
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Of Counselt i
l J. Michael McGarry, III Debevoise & Liberman 1200 Seventeenth Street, N.W.
Washington, D. C. 20036 i
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