ML072080270
| ML072080270 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 06/27/2007 |
| From: | Runkle J - No Known Affiliation, North Carolina Waste Awareness & Reduction Network (NC WARN), Nuclear Information & Resource Service (NIRS) |
| To: | Lam P, Mignerey A, Austin Young Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-400-LR, ASLBP 07-855-02-LR-BD01, RAS 13916 | |
| Download: ML072080270 (4) | |
Text
I1S 13q9 (oa DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION July 26, 2007 (4:00pm)
OFFICE OF SECRETARY ATOMIC SAFETY AND LICENSING BOARD PANEL RULEMAKINGS AND ADJUDICATIONS STAFF Before Administrative Judges:
Ann Marshall Young, Chair Dr. Peter S. Lam Dr. Alice Mignerey In the Matter of:
Docket No. 50-400-LR CAROLINA POWER & LIGHT COMPANY '
ASLBP No. 07-855-02-LR-BDO1 (Shearon Harris Nuclear Power Plant, Unit 1)
June 27, 2007 PETITIONERS' MOTION TO STAY THE PROCEEDINGS NOW COME the Petitioners, the North Carolina Waste Awareness and Reduction Network ("NC WARN") and the Nuclear Information and Resource Service ("NIRS") following up on the motion to stay the proceedings made orally on-the-record to the ASLB during oral arguments on July 17, 2007. In support of the motion is the following:
- 1. Pursuant to 10 C.F.R. §2.321 (c) the Chair of the ASLB "has the duties and may exercise the powers of a presiding officer as granted by § 2.319." It is clear that the Chair has the power to stay the proceeding upon good cause. § 2.319(h) allows the presiding officer to "dispose of procedural requests or similar matters" and (r) allows the presiding officer to "take any other action consistent with the Act, this chapter, and 5 U.S.C. 551-558." Included in these action are the extension.and reduction of time limits "for good cause" in § 2.307. §2.323 (g) specifically references the power of the presiding officer to stay the proceeding or extend the time for performance.
- 2. One of the contentions raised by the Petitioners, Contention TC-1 (Fire Protection),
alleged that the Shearon Harris NPP was not in compliance with NRC fire protection regulations and was not likely to come into compliance. At oral argument, counsel for the' Applicant,
.SE 4 6
Carolina Power & Light (doing business as Progress Energy), stated that the Applicant intended to file a petition with the NRCin May, 2008, with a projected timetable for bringing the plant in compliance with the NFPA 80,5, as an alternative means of compliance with the fire protection regulations. It should be noted that counsel did not state that the Shearon Harris NPP would be in compliance in May, 2008, only that there would be a proposal to do this as a "pilot project."
- 3. This assertion by counsel does not satisfy the Petitioners' contention on fire protection. As evidenced in the Petitioners' Request for a Hearing and the record of Petitioners'
§2.206 Petition on fire protection, the Applicant has made a series of commitments to come into compliance with the fire protection regulations and has not come into compliance. However if the Shearon Harris NPP is brought into compliance either with the existing regulations at 10 C.F.R. 50, Appendix R, Ml.G.2, or with the NFPA 805 alternative, then this contention can be resolved.
- 4. As discussed at length in the oral arguments, the strength of the commitment to bring the plant into compliance in a reasonable time period would be a necessary part of the evidence needed to prove or disprove the contention. Although it would be far better to have the plant currently in compliance, Petitioners believe that public health and safety would be better served if there were a clear, enforceable timetable for compliance.
- 5. Lastly, it should beinoted that the current license does not expire until 2027 so there can be no argument that delay of the hearing on the relicensing for even a year or two would cause any harm to the Applicant.
THEREFORE, in light of the a'ibove, Petitioners pray that the relicensing hearing as it pertains to the contention on fire protection be stayed until the Applicant brings the Shearon Harris NPP into compliance with the fire safety rules.
This is the 271h day of July, 2007.
FOR THE PETITIONERS John D. Runkle Attorney at Law P.O. Box 3793 Chapel Hill, N.C. 27515
.919-942-0600 (o&f) irunkleamindsDrinQ.com O
CERTIFICATE OF SERVICE I hereby certify that copies of, this PETITIONERS' MOTION TO STAY THE PROCEEDINGS was served by electronic mail per the service list prepared by Debra Wolf, Law Clerk, ASLB Panel, and by deposit in the U.S. Postal Service, postage prepaid, on the following:.
Ann Marshall Young Administrative Law Judge Atomic Safety and Licensing Board Mail Stop T-3 F23 US Nuclear Regulatory Commission Washington, DC 20555-0001, Peter S. Lam Administrative Law Judge Atomic Safety and Licensing Board Mail Stop T-3 F23 US Nuclear Regulatory Commission Washington, DC 20555-0001!
Alice Mignerey Administrative Law Judge Atomic Safety and Licensing Board Mail Stop T-3 F23 US Nuclear Regulatory Comrission Washington, DC 20555-00011 This is the 27th day of July, 2007.
John D.. Runkle, Attorney at Law John H. O'Neill, Jr Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037 David R. Roth Sherwin E. Turk Counsel for NRC Staff Mail Stop 0-15 D21 US Nuclear Regulatory. Commission Washington, DC 20555-0001 Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop 0-16 Cl US Nuclear Regulatory Commission Washington, DC 20555-0001