ML18003A754
| ML18003A754 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/14/1979 |
| From: | Trowbridge G CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912310149 | |
| Download: ML18003A754 (4) | |
Text
December 14, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
CAROLINA POWER 6 LIGHT COMPANY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1, 2,
3 and 4)
)
Docket -Nos.
50 00 401 402 0'3 APPLICANT'
RESPONSE
TO CONSERVATION COUNCIL OF NORTH CAROLINA AND WAKE ENVIRONMENT, INC.'S PETITION TO REOPEN THE RECORD On December 12, 1979, Applicant was served with a copy of "NRC Staff Response to Intervenors Petition to Reopen the Proceeding to Reconsider Energy Plans",
dated December ll, 1979.
Thereby, Applicant first became aware of Conservation Council of North Carolina and Wake Environment, In'c.'s ("Intervenors")
"Petition" to reopen the record in the above captioned proceeding, dated November 5,
1979, filed with the Atomic Safety and Licensing Board.
On 'December 13, 1979, Applicant received'a copy of the Petition from NRC Staff; Staff counsel informed Applicant's counsel that neither a certificate of service nor service list was attached to the Petition.
Applicant joins with NRC Staff and respectfully submits that the Board should.deny the Petition.
As noted by the NRC Staff, the Licensing Board lacks jurisdiction to grant Intervenors'etition.
The Commission, in denying an earlier motion by, Intervenors to remand and reopen this proceeding, 1/
clearly defined the status of the Harris proceeding,:
The Commission has decided the Shearon Harris proceeding is now concluded except for the radon question pending before the Appeal Board and the management qualification issue which we remanded to the Licensing Board.
In the future, the appropriate remedy for those seeking to modify, amend, suspend or revoke the construction permits is by means of a request, for enforcement action under our regulations.
See 10 CFR 2.206 The Licensing Board has since issued its Supplemental Initial Decision (Construction Permit) on the management. qualification issue.
Thus the Licensing Board has no further jursidiction in this proceeding.-
Intervenors 'etition must be denied.
Respectfully submitted, SHAW P
TTMAN PO 6
TROWBRIDGE org F. Tr wbrxdge ohn H. O'eill, Jr.
Counsel for Applicant 1800 M Street, N.W.
Washington, D.C.
20036 Telephone:
(202) 331-4100 Dated:
December 14, 1979 1/
CLI-79-5, 9
NRC 607, 610
'(May 2, 1979)
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
)
CAROLINA POWER 6 LIGHT COMPANY
)
(Shearon Harris Nuclear Power
)
Plant, Units 1, 2,
3, and 4
)
Docket Nos.
50-400 401 402 and 403 CERTIF ICATE OF SERV1CE I hereby certify that copies of the foregoing "APPLICANT'S RESPONSE TO CONSERVATION COUNCIL OF NORTH CAROLINA AND WAKE ENVIRONMENT, INC.'S PETITION TO REOPEN THE RECORD" have been served upon each of the persons listed on the attached service list by mail, postage
- prepaid, or by hand-delivery, this 14th day of December, 1979.
Joh H. O'eill, Jr.,'
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Zn the Matter of CAROLINA POWER
& LIGHT COMPANY (Shearon Harris Nuclear Power Plant Units 1, 2,
3, and 4)
)
Docket Nos.
50-400
)
401
)
402
)
and 403
)
SERVICE LIST 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 Safety 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, Esquire Chairman Atomic Safety and Licensing Board U-S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. J.
U. Leeds, Jr.
10807 Atwell
- Houston, Texas 77096 M. David Gordon, Esquire Associate Attorney General State of North Carolina Post Office Box 629
- Raleigh, North Carolina 27602 Charles A. Barth, Esquire Office of the.Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas S. Erwin, Esquire Post Office Box 928 115 West Morgan Street
- Raleigh, North Carolina 27602 Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D.C.
20555