ML19338E684

Response in Opposition to Dr Belk 800927 Late Intervention. Limited Appearance Statement May Be Authorized.Certificate of Svc Encl

ML19338E684
Person / Time
Site:	Mcguire, McGuire
Issue date:	10/02/1980
From:	Mcgarry J, Porter W DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8010060002
Download: ML19338E684 (4)

Text

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. D A UNITED STATES OF AMERICA  % 0 C

NUCLEAR REGULATORY COMMISSION g] Oef [

BEFORE THE ATOMIC SAFETY AND LICENSING BOA @

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• >% 47 In the Matter of ) N g

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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 DONALD R. BELK On September 27, 1980, Mr. Donald R. Belk filed with the NRC a letter regarding the captioned proceeding.1./ Mr. Belk'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, he be authorized to make a public statement. To such a request, Applicant does not object.2/

To the extent that Mr. Belk's letter is viewed as a late petition to intervene in this proceeding, Applicant submits 1/ Service of Mr. Belk's letter on Applicant was by mail from the NRC on September 29, 1980. Thus, Applicant calculates that its response is due by October 14, 1980. 10 CFR S2.710 and S2.714.

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 Operating License Proceeding And To Raise New Contentions!'

(September 3, 1980).

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

Respectfully submitted,

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,.i l /ML J y Michael McGarry', IIIg '

DEBEVOISE & LIBEpiAN 1200 Sever +aenth Street, N.W.

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

William L. Porter, Esq.

Associate General Counsel Duke Power Company October 2, 1980 l

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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 Donald R. Belk" dated October 2, 1980 in the captioned matter, have been served upon the following by deposit in the United States mail this 2nd 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 Carolina Envi.ronmental Study Group 854 Henley-Place Charlotte, North Carolina 28207

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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 i

/ Michael McGarry, IIIv

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