ML18003A680
| ML18003A680 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 07/25/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909250249 | |
| Download: ML18003A680 (10) | |
Text
V DOCKETFILE Cor UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 07/25/79 In the Matter of.
CAROLINA PO!(ER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 and 4)
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Docket Nos.
50-400 50-401 50-402 50-403 q
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0gb 0%@RC STAFF'S EXCEPTION TO SUPPLEMENTAL INITIAL DECISION On July 13, 1979, the Atomic Safety and Licensing Board issued a "Supplemental Initial Decision (Construction Permit)" (S.I.D.) in the "... further hearing on the management capabilities of CP8L to construct and operate the proposed Shearon Harris facility..." which had been remanded by the Commission's Order of September 5,
1978.
The S. I.D. was served on July 16, 1979.
Pursuant to 10 CFR 52.762(a) of the Commission's Rules of Practice and the S. I.D., the NRC
/
Staff files the following exception:
EXCEPTION:
The Licensing Board exceeded i'ts jurisdiction and.authority in ordering that the exi'sting construction permits. be conditioned:to,requi're p mand~tory'ublic adjudi-cative. heari'ng subsequent to the.,applizati'on for operatiiig ltcenses on the issue of whether the Applicant has the management capability and, technical qualifications to engage in the activities which would be authorized by operating licenses.
The portions of the S.I.D. to which the Exception is addressed are:
numbered 17, 148, and 199-203.
Paragraphs h
Respectfully submitted, Dated at Bethesda, Maryland tMg 25th day of July, 1979
'harles A. Barth Counsel for 'NRC Staff
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CAROLINA POWER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 and 4)
Docket Nos. 50-400 50-401 50-402 50-'403 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S EXCEPTION TO SUPPLEMENTAL INITIAL DECISION" in the above-captioned proceedino have been served on the following by deposit in the United States mail, first class, or, as indicated 6y an asterisk, through deposit in the fluclear Regulatory Commission's internal mail system, this 25th day of July, 1979:
+Alan S. Rosenthal, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- Dr. John H. Buck Atomic Sa,ety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- Michael C. Farrar, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555
- Ivan W. Smith, Esq.
Atomic Safety and Licensing Board Panel
=-
U.S. Nuclear Regulatory Commission Washington, D. C. 20555
- Mr. Glenn 0. Bright Atomic Safety and Licensing Board Panel U.,S. 'Nuclear Regulatory Commission Washington, D. C. 20555 Dr. J.V. Leeds, Jr.
10807 Atwell Drive
-" Houston, Texas '77096 Richard E. Jones, Esq.
Associate General Counsel Carolina Power 5 Light Company 336 Fayetteville Street Raleigh, North Carolina 27602 Thomas Erwin, Esq.
115 West Morgan Street Raleigh, North Carolina 27602 Wake County Public Library 104 Fayetteville Street Raleigh, North Carolina-27601
George F. Trowbridge, Esq.
Shaw, Pittman, Potts 8 Trowbridge 1800 M Street, N.W.
Washington, D. C. 20036
'Dennis P.
Myers Attorney General's Office State of North Carolina P. 0. Box 629 Raleigh, North Carolina 27602 "Atomic Safety and Licensing Appeal Board U.S..Nuclear Regulatory Commission Washington, D. C. 20555 "Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Charles.4. Barth Counsel for flPC Staff
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 07/25/79 In the Matter of CAROLINA POWER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 and 4)
Docket Nos.
50-400 50-401 50-402 50-403
(>()gus)D
'~n vsv~c gag" 61978'-r3 Omen el lg+~
Qocbl'~ > ~~
NRC STAFF'S EXCEPTION 'TO SUPPLEMENTAL INITIAL DECISION On July 13, 1979, the Atomic Safety and Licensing Board issued a "Supplemental Initial Decision (Construction Permit)" (S.I.D.) in the "... further hearing on the management capabilities of CP8L to construct and operate the proposed Shearon Harris facility..." which had been remanded by the Commission's Order V
of September 5,
1978.
The S.I.D. was served'on July 16, 1979.
Pursuant to 10 CFR 52.762(a) of the Commission's Rules of Practice and the S.I.D., the NRC
/
Staff files the following exception:
EXCEPTION:
The Licensing Board exceeded i'ts jurisdiction and authority in ordering that the existing construction permits be conditioned;to require a mandatory public adjudi-cative hearing subsequent to the..application for operating licenses on the issue of whether the Applicant has the management capability and technical qualifications to engage in the activities which would be authorized by operating'licenses.
The portions of the S.I.D. to which the Exception is addressed are:
Paragraphs numbered 17, 148, and 199-203.
Dated at Bethesda, Maryland
'his'5th day of 'J(rly, 1979 Respectfully submitted, M~op~~
Cha rles A. Barth Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of'AROLINA POWER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 and 4)
)
)
)
)
)
)
Docket Nos.
50-400 50-401 50-402 50-403 CERTIFICATE OF SERYICE I hereby certify that copies of "NRC STAFF'S EXCEPTION TO SUPPLE'lENTAL INITIAL DECISION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated 6y an asterisk, through deposit in the Nuclear Regulatory Commission s internal mail system, this 25th day of July, 1979:
+Alan S. Rosenthal, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington,
- 0. C. 20555
- Or. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington,
- 0. C.
20555
- Michael C. Farrar, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington,
- 0. C.
20555
- Iva n M. Smi th, E sq.
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mashington,
- 0. C. 20555
- Mr. Glenn 0. Bright Atomic Safety and Licensing Board Panel U.S. 'Nuclear Regulatory Commission Washington,
- 0. C. 20555 Or. J.Y. Leeds, Jr.
10807 Atwell Drive
-- Houston, Texas '77096 Richard E. Jones, Esq.
Associate General Counsel Carolina Power dn Light Company 336 Fayetteville Street Raleigh, North Carolina 27602 Thomas Erwin, Esq.
115 Mest Morgan Street Raleigh, North Carolina 27602 Make County Public Library 104 Fayetteville Street Raleigh, North Carolina 27601
- George F. Trowbridge, Esq.
Shaw, Pittman,. Potts 5 Trowbridge 1800 M Street, N.W.
Washington, D.
C. 20036
'Dennis P.
Myers Attorney General's Office State of North Carolina P. 0. Box 629 Raleigh, North Carolina 27602
<<Atomic Safety and Licensing Appeal Board U.S..Nuclear Regulatory Commission Washington, D.. C. 20555
+Atomsc Safety and Licens>ng Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Charles
.Q. Barth Counsel for NPC Staff
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