ML19340B311

Response in Opposition to L & M Bollag Undated Ltr Intervention If Hearing Reopened.Limited Appearance Statement May Be Granted.Certificate of Svc Encl

ML19340B311
Person / Time
Site:	Mcguire, McGuire
Issue date:	10/17/1980
From:	Mcgarry J, Porter W DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8010210777
Download: ML19340B311 (5)

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UNITED STATES OF AMERICA '

i NUCLEAR REGULATORY COMMISSION -. y l

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) )

APPLICANT'S RESPONSE TO LETTER OF LINDA & MITCH BOLLAG On October 16, 1980, Applicant received an undated letter from Linda & Mitch Bollag filed with the NRC regarding the cap-tioned proceeding.1[ Linda & Mitch Bollag'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, they be authorized to make a public statement.

To such a request, Applicant does not object.2/

To the extent that Linda & Mitch Bollag's letter is viewed

as a late petition to intervene in this proceeding, Applicant l

I 1/- Service of Linda & Mitch Bollag's letter on Applicant was by mail from the NRC on October 15, 1980. Thus, Applicant cal-culates that its response is due by October 30, 1980, 10 CFR 52.710 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

" Applicant's Response To CESG's Revised Motion To Reopen The j Operating License Proceeding And To Raise New Contentions" l (September 3, 1980). l 180102307p p 6#'

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submits that the petition is totally deficient and warrants summary denial. 10 CFR S2.714.

Respectfully submitted, jf ll

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/J. Michael McGarry, IJI

/ DEBEVOISE & LIBER.'GN 1200 Seventeenth Street, N.W.

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

William L. Porter. Esq.

Associate General Counsel Duke Power. Company October 17, 1980 l

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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 " Applicant's Respc..se To Letter Of Linda & Mitch Poliag" dated October 17, 1980 in the captior.ed matter, have been served upon the following by deposit in the United States mail this 17th day of October, 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 Carolina 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, Linda & Mitch Bollag Carolina Environmental Rt. 1, Box 1120A Study Group Midland, North Carolina 28107 854 Henley Place Charlotte, North Carolina'28207 i

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Chairman,-Atomic Safety Chase R. Stephens and Licensing Appeal Board Docketing and Service U.S.' Nuclear Regulatory Section Commission _ office cif the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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wkra,;//'/:atg NU J. Michael McGarry, III

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