ML18003A713
| ML18003A713 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/11/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912170153 | |
| Download: ML18003A713 (4) | |
Text
Cg UNITFD STATES OF AMFRICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFFTY AND LICENSING BOARD 12/11/79 ",
In the Matter of CAROLINA POllER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant,
)
Units 1, 2, 3 and 4)
)
Docket Nos ~5~(L400 50-401 50-402 50-403 NRC STAFF RFSPONSE TO INTERVENORS PETITION TO REOPEN THF. PROCEEDING TO RECONSIDER ENERGY PLANS On January 23, 1978, the Atomic Safety and Licensing Board issued an initial decision authorizing construction permits for the four units to comprise the Shearon Harris Nuclear Power Plant, 7
NRC 92 (1978).
Construction permits were issued January 27, 1978.
On August 23, 1978, the initial decision was affirmed by the Appeal Board in ALAB-490, 8 NRC 234 (1978).
The initial decision found that "emergency plans can be fully developed at the operating license'stage,"
7 NRC at 109 and 110.
No exception was taken to this finding by any party at any time.
No exceotion havinq been taken to this finding and no modification having been made by the Appeal Board or the Commission pursuant to their inherent power to review Licensing Board actions, the initial decision has become the final agency action.
On November 5, 1979, the Intervenors in the licensing proceeding petitioned the.Licensing Board to reopen the record to consider the adequacy of evacuation
, plans.
In these circumstances the Licensing Board lacks jurisdiction to grant the requested relief.
The Appeal Board considered a very similar situation in Public Service Com an of New Hampshire, et al.
(Seabrook Station, Units 1
and 2) ALAB-513, 8 NRC 694 (1978) and came to the same conclusion, i.e.,
when
finality attaches to the resolution of an issue, there is no jurisdiction.
to'econsider the issue.
See also Vir inia Electric 8 Power Co.
(North Anna Nuclear Power Station, Units 1
& 2), ALAB-551, 9 NRC 704 (1979); Cf.
Accordingly, the Staff is of the view that the Licensing Board should.deny the November 5, 1979 petition to Intervenors'.
However, the Staff's position does not imply that the Intervenors are without remedy or the Commission without power to rectify a problem if any problem exists.'s indicated in the above cases, the Intervenors may file a petitioq with the Commission pursuant to 10 CFR 552.202 or 2.206 requesting the initiation of action by the Commission and the Commission may initiate such action as it deems appropriate.
In these circumstances, the Intervenors bear the burden of convincing the Commission that there are good and valid reasons for granting the requested action.
Respectful ly submi tted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda,
- Maryland, this 11th day of December, 1979.
0:
~
UNITED STATES OF'NERICA NUCLEAR REGULATOR/ CONNISS ION
'EFORE THE ATONIC SAFETY'AND-LICENSING'BOARD ln the Natter'of CAROLINA POWER AND LIGHT CONPANT
)
(Shearon Harris Nuclear Power Plant, Units 1, 2.
3 and 4}
}
4 Docket'os.
50-400 50-401 50-402
'50-403
CERTIFICATE 'OF 'ERVI'CE I hereby certify that copies of "NRC STAFF
RESPONSE
TO INTERVENORS PETITION.
TO REOPEN THE 'PROCEEDING TO RECONSIDER ENERGY PLANS" in the above-captioned proceeding have been served on the following by deposit in the United'tates mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 11th day of '
- December, 1979:
Ivan W. Smith, Esq.,
Chairman*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commisston Washington, D.C.
20555 Nr. 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
& Light Company 336 Fayetteville Street
- Raleigh, North Carolina 27602 Thomas Erwin, Esq.
115 West Norgan Street
- 'aleigh, North Carolina
.27602 Atomic Safety and Licensing Appeal Board*
. U.S. Nuclear Regulatory Comission
. Washington, D.C.
20555
- Atomic Safety and Licensing Board Panel*
U.S. Nuclear Regulatory Coranission Washington, D.C.
- 20555, Docketing and S'ervice Section*
Office of'the Secretary
. U.S. Nuclear Regulatory Commission Washington, D.C.
20555 I
-Wake County Public Library 104 Fayettevil le Street
- Raleigh, North Carolina 27601
George F. Trowbridge, Esq.
Shaw, Pittman, Potts-8 Trowbridge 1800 M Street, N;M.
Mashington, D.C.
20036 M. David Gordon Associate Attorney General
'State of North Carolina P.O.
Box 629'aleigh,North'Carolina 27602
'harles A. Barth
-Counsel for NRC Staff