ML20154A040

Response of Duke Energy Corp to Request for Enlargement of Time of Chattooga River Watershed Coalition & Messrs, N Williams,W Clay & Ws Lesan.* Petitioner Request Should Be Denied for Listed Reasons.With Certificate of Svc

ML20154A040
Person / Time
Site:	Oconee
Issue date:	09/30/1998
From:	Repka D DUKE POWER CO., WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#498-19586 LR, NUDOCS 9810020158
Download: ML20154A040 (5)

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c' 00CKETED September 30,1992SNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFla OF 9FT" ,;

BFFORE THF ATOMIC SAFFTY AND LICENSING BOAR I In the Matter of )

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Duke Energy Corporation ) Docket Nos. 50-269/270/287 LR

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. (Oconee Nuclear Station, )

Units 1,2, and 3) ) "

RESPONSE OF DUKE ENERGY CORPORATION TO THE REQUEST FOR ENLARGEMENT OF TIME OF THE CHATTOOGA RIVER WATERSHED COALITION AND MESSRS. NORMAN " BUZZ" WILLIAMS, WTI T IAM "BIITCH" CI AY. AND W.S. I FRAN I. INTRODIJCTION 1 1

Pursuant to the September 18,1998 Memorandum and Order of the NRC Atomic Safety and Licensing Board in this proceeding (hereafter "Prehearing Order") and 10 CFR Q2.730(c),

Duke Energy Corporation (" Duke"), licensee in the above-captioned matter, hereby responds to the September 27,1998 filing of the Chattooga River Watershed Coalition and Messrs. Norman " Buzz" Williams, William " Butch" Clay, and W.S. Lesan (collectively, the " Petitioners")." The Petitioners' filing requests a thirty-day enlargement of time, until approximately October 27,1998, in which to

-submit an amended petition to intervene in this license renewal proceeding. For the reasons discussed below, Duke opposes Petitioners' request.

Counsel for Duke did not receive a copy of Petitioners' filing until September 29,1998.

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II. BACKGROUND

. Duke filed an application to renew the operating licenses for its Oconee Nuclear t

i Station, Units 1,2, and 3 (NRC license numbers DPR-38, DPR-47, and DPR-55), on July 6,1998.

l The NRC published in the FederalRegister a Notice of Receipt of Duke's application on July 14, l

1998. 63 Fed. Reg. 37,909 (1998). On August 11,1998, the Commission published in the Federal t

i j Register its Notice of Acceptance for Docketing of the Application and Notice of Opportunity for l a Hearing Regarding Renewal of Licenses Nos. DPR-38, DPR-47, and DPR-55 for an Additional  !

l 20-Year Period (63 Fed. Reg. 42885) (1998).

l On September 8,1998, Petitioners submitted a letter seeking leave to intervene in the I I

Oconee Nuclear Station license renewal proceeding. On September 15,1998, the Commission l issued an Order designating an Atomic Safety and Licensing Board (hereafter " Licensing Board")

I for this proceeding and prescribing detailed scheduling and policy guidance for the conduct of any I l

hearing. See CLI-98-17,48 NRC _ (Sept. 15, 1998). The Commission's schedule calls for

- decisions on intervention petitions and proposed contentions within 30 days of the Commission's i Order. Shortly thereafter, on September 18,1998, the Licensing Board issued its Prehearing and Order setting forth its directives and expectations regarding the conduct of this proceeding. See

~ASLBP No. 98-752-02-LR, 48 NRC _, (Sept. 18, 1998). Citing its intention to conduct this l

proceeding as expeditiously as possible with fairness to all participants, the Licensing Board established a schedule for amended intervention petitions, including proposed contentions, and responses, consistent with the Commission's schedule expectations.

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III. DISCUSSION Duke opposes the Petitioners' extension request. The Licensing Board's schedule provided ample time for amended petitions to intervene and is consistent with the Commission's clear expectations. Moreover, in its September 18,1998 Prehearing Order, the Licensing Board set a standard for granting requests for extensions of time, reiterating the Commission's guidance on the conduct of adjudicatory proceedings, as established in CLI-98-17. Among other things, such a motion is to demonstrate " unavoidable and extreme circumstances" that support permitting the extension. Prehearing Order, slip op. at 8. Petitioners have utterly failed to show such cause for an enlargement of time.

As pointed out by the NRC Staffin its opposition to the extension request, Petitioners have had, effectively, since mid-July to consider their basis for intervention in this proceeding, to identify the issues that they would seek to litigate, and to obtain counsel to represent them in this proceeding. It is simply inadequate to suggest at this late date that the need to find counsel would constitute " unavoidable and extreme circumstances" justifying the extension. This is particularly true given that (1) the requested delay would significantly hamper the ability of the Licensing Board to meet the schedule expectations established by the Commission for this proceeding, and (2) the lack of counsel at this time would not preclude Petitioners from establishing their standing to intervene and from identifying proposed contentions. For better or worse, NRC proceedings are formal proceedings that require a commitment from all who would participate. Fairness and judicial economy dictate that the Licensing Board establish this expectation from the outset of this proceeding.

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IV. CONCLUSION i For the reasons set forth above, the Petitioners' request for an enlargement of time in which to amend their petition for leave to intervene fails to satisfy applicable Commission standards, and should be denied.

l Respectfully submitted, i

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David A. Repka Anne W. Cottingham WINSTON & STRAWN

, 1400 L Street, h3V l Washington, D.C. 20005-3502  !

202/371-5726 or 202/371-5724  ;

i l Paul R. Newton I DUKE ENERGY CORPORATION 422 South Church Street  !

P.O. Box 1244 Charlotte, North Carolina 28202 ATTORNEYS FOR DUKE ENERGY CORPORATION Dated in Washington, D.C.

This 30th day of September,1998

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00CKETED

!- UNITED STATES OF AMERICA USHRC

,. NUCLEAR REGULATORY COMMISSION-98 DCT -1 P3 58 BEFORF THE ATOMIC S AFFTY AND LICENSING BOARD l' OFFt1 OF sed 4 0M i

RULEWTE @

In the Matter of ADJUDiC Alle S AFF l

DUKE ENERGY CORPORATION Docket Nos. 50-269/270/287-LR L (Oconee Nuclear Station,

l. . Units 1,2 and 3) l CERTIFICATF OF SERVICE I hereby certify that copies of the foregoing " Response of Duke Energy Corporation To The Request

. For Enlargement Of Time Of The Chattooga River Watershed Coalition And Messrs. Norman i

" Buzz" Williams, William " Butch" Clay, And W.S. Lesan" in the above captioned proceeding have been served upon the following by electronic mail as noted, with conforming copies and additional service deposited in United States Mail, first class, this 30th day of September 1998.

l . Office of Commission Appellate Chief Administrative Judge L Adjudication B. Paul Cotter, Jr., Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel One White Flint North U.S. Nuclear Regulatory Commission 11555 Rc,ckville Pike Two White Flint North,3rd Floor Rockville, MD 20852-2738 11545 Rockville Pike Rockville, MD 20852-2738

j. (E-mail copy to bncl@nrc.go.y)

- Administrative Judge Administrative Judge Richard F. Cole Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Two White Flint North,3rd Floor Two White Flint North,3rd Floor l

11545 Rockville Pike 11545 Rockville Pike Reckville, MD 20852-2738 Rockville, MD 20852-2738 (E-mail copy to rfcl@nrc. gov) (E mail copy to ps1@nrc. gov)

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l e.

Marian L. Zobler Norman " Buzz" Williams  !

Robert M. Weisman 190 Mountain Cove Rd.

Office of the General Counsel Mountain Rest, SC 29664 U.S. Nuclear Regulatory Commission

! One White Flint North William " Butch" Clay L 11555 Rockville Pike P.O. Box 53 Rc ?diic, MD 20852-2738 Long Creek, SC 29658 l (E. . ati copies to m17@nre. gov and rmw@nrc. gov)

W.S. Lesan Chattooga River Watershed Coalition

! P.O. Box 66 P. O. Box 2006 Long Creek, SC 29658 Clayton, GA 30525 (E-mail copy to crwc@ acme-brain comi  !

Adjudicatory File. Office of the Secretary l Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission l U.S. Nuclear Regulatory Commission One White Flint North Two White Flint North 11555 Rockville Pike I 11545 Rockville Pike Rockville, MD 20852-2738 l l Rockville, MD 20852-2738 Attn: Rulemakings and Adjudications

!. (original & 2 copies)

(E-mail copy to hearingdocket@nrc. gov) l 1

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\ ~ d A. . \ ke l David A. Repka \ ^

Winston & Strawn L Counsel for Duke Energy Corporation 1

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