ML18003A790
| ML18003A790 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 01/03/1980 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8001100184 | |
| Download: ML18003A790 (11) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Alan S. Rosenthal, Chairman Dr. John H. Buck Michael C. Farrar Og g
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In the Matter of CAROLINA'POWER AND LIGHT COMPANY (Shearon Harris Nuclear Power Plant, 'Units 1, 2, 3, and 4)
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)'ocket Nos.
50-400 50-401 50-402 50-403 ORDER January 3,
1980 By order of December 27,
- 1979, we directed the NRC staff to submit, no later than January 15,
- 1980, a supplemental memo-randum addressed to certain specific questions.
We are now informed that the Licensing Board intends to furnish us shortly with the additional statement of its views which had been in-vited in our memorandum of October 12, 1979.
The staff may wish to take the content of that statement into consideration in preparing its supplemental memorandum.
Accordingly, the deadline for he filing of the memorandum is 8001100 /I 2.
hereby extended until the tenth day following the date upon 1 /
which the Licensing Board's statement is issued.
It is so ORDERED.
FOR THE APPEAL BOARD Barbara A. Tompkins Secretary to the Appeal Board We assume that the statement will not issue on or before January 5; in all events,
- however, the staff's memorandum will not be due any earlier than January 15.
In the in-terest of expediting the staff's receipt of its additional statement, the Licensing Board is requested to transmit a copy of it directly to staff, counsel (Edwin J. Reis, Esquire) as soon as it has been issued.
Service on the other parties to the proceeding (none of which is in-volved on the staff's appeal) can be left to the Docketing and Service Branch.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Og ATOMIC SAFETY AND LICENSING APPEAL BOARD g<iS>
Alan S. Rosenthal, Chairman Dr. John H. Buck Michael C. Farrar
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c0 es6<4 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 ORDER January 3,
1980 By order of December 27,
- 1979, we directed the NRC staff to submit, no later than January 15,
- 1980, a supplemental memo-randum addressed to.certain specific questions.
We are now informed that the Licensing Board intends to furnish us shortly with the additional statement of its views which had been in-vited in our memorandum of October 12, 1979.
The staff may wish to take'the content of that statement into consideration in preparing its supplemental memorandum.
Accordingly, the deadline for the filing of the memorandum is
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hereby extended until the tenth day following the date upon 1 /
which the Licensing Board's statement is issued.
It is so ORDERED.
FOR THE APPEAL BOARD Barbara A. Tompkins Secretary to the Appeal Board We assume that the statement will not issue on or before January 5; in all events,
- however, the staff's memorandum will not be due any earlier than January 15.
In the in-terest. of expediting the staff's receipt of its additional
,statement, the Licensing Board is requested to transmit a copy of it directly to staff counsel (Edwin J. Reis, Esquire) as soon as it has been issued.
Service on the other parties to the proceeding (none of which is in-volved on the staff's appeal) can be left to the Docketing and Service Branch.
/
UNITED STATES OF AMERICA NUCLEAR REGULATORY CO~DilSS ION In the Matter of
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CAROLINA POWER AND LIGHT COMPANY )
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(Shearon Harris Nuclear Power
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Plant, Units 1, 2, 3, and 4)
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Docket No. (s) 50-400 50-401 50-402 50-403 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service'list compiled by the Office of the Secreta'ry of the Commission in this proceeding in
'ccordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and
.Regulations.
Dated at Washington, D.C. this day of Offic f'he Secretary of th Commission
UNITED STATES OF AMERICA NUCLEAR REGULATORY COKfXSSION In the Matter of
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CAROLINA POWER AND LIGHT COMPANY )
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(Shearon-Harris Nuclear Paver
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- Plants, Units 1-4)
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Docket No.(s) 50-400 50-401 50-402 50-403 SERVICE LIST Ivan W. Smith, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
,20555 Mr. Glenn 0. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. J.V. Leeds, Jr.
Rice University P.O.
Box 1892
- Houston, Texas 77001 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosanthal, 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 Richard E. Jones, Esq.
Carolina Power and Light Company P.O.
Box 1551 Raleigh, North Carolina 27602 George F. Trowbridge, Esq.
Ernest L. Blake, Jr.,
Esq.
Shaw, Pittman, Potts
& Trowbridge 1800 "M" Street, N.W.
Washington, D.C.
20006 Thomas S. Erwin, Esq.
P.O.
Box 928 Raleigh, North Carolina 27602 Dennis P. Myers, Esq.
Attorney General's Office P.O.
Box 629 Raleigh, North Carolina 27602 Mr. Wells
" dleman Route 1, Box 103 Durham, Nortn Carolina 27705 Kudzu Alliance Box 3036 Cnapel Hill,:cnorth Carolina 27514 Mr. O.
Gene Abston, Acting Director Office of Inspector and Auditor U.S. Nuclear Regulatory Commission Washington, D.C.
20555
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Alan S. Rosenthal, Chairman Dr. John H. Buck Michael C. Farrar
)
In the Matter of
)
)
CAROLINA POWER AND LIGHT COMPANY
)
)
(Shearon Harris Nuclear Power
)
Plant,. Units 1, 2, 3, and 4)
)
).
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/p Docket Nos.
50-400 50-401 50-402 50-403 ORDER
-December 27, 1979 In connection with its pending appeal, the NRC staff is directed to file a supplemental memorandum addressed to the significance, if any, of the phrase "or in which the Commis-sion finds that a hearing is required in the public interest",
as it is employed in 10 CFR 2.104(a).
Specifically, we are, interested in a further development of the staff's views re-specting:
(1)
Whether a licensing board can make such a finding on the Commission's behalf as its delegate.
(2) If so, whether such a finding with regard to a hear-ing on an operating license application can be made by th'
licensing board at the time it acts upon the construction permit application.
(3) If so, whether the challenged condition imposed by I
the Licensing Board in this proceeding (LBP-79-19, 10 NRC 37, 98 (July 13, 1979))
can fairly be taken as encompassing a finding that a~,'hearing on the operating license applica-tion is requirediiin the public interest (at least on the I
issue of the applicant's management capability and technical qualifications to operate the Shearon Harris facility).
The supplemental memorandum should be filed no later than Janua
. 15,'980.
It is so ORDERED.
FOR THE APPEAL BOARD Je Bxs op Secre ry to the Appeal Board Mr. Farrar did not participate in this order.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COiDfISS ION In the Matter of
)
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CAROI,INA POWER AND LIGHT COMPANY )
)
(Shearon Harris Nuclear Power
)
Plant, Units 1, 2, 3, and 4)
)
)
)
)
Docket No. (s) 50-400 50-401 50-402
, 50-403 CERTIFlCATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service'list compiled by t}pe Office of the Secretary of the Commission in this proceeding in accordance vith the rhquirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and
~Regulations.
Dated at Washington, D.. this a y oC
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L r&/WZ fice oP the Secretary of the Commission
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0191ISSION
)
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CAROLINA POWER AND LIGHT COMPANY )
)
(Shearon-Harris Nuclear Power
)
- Plants, Units 1-4)
)
)
Docket No.(s) 50-400 50-401 50-402 50-403 SERVICE LIST Ivan W. Smith, Esq.,
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.V. Leeds, Jr.
Rice University P.O.
Box 1892
- Houston, Texas 77001 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosanthal, 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.
Atomi'c Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard E. Jones, Esq.
Carolina Power and Light Company P.O.
Box 1551
- Raleigh, North Carolina 27602 George F. Trowbridge, Esq.
Ernest L. Blake, Jr.,
Esq.
Shaw, Pittman, Potts
& Trowbridge 1800 "M" Street, N.W.
Washington,'.C.
20006 Thomas S. Erwin, Esq.
P.O.
Box 928
- Raleigh, North Carolina 27602 Dennis P. Myers, Esq.
Attorney General's Office P.O.
Box 629
- Raleigh, North Carolina 27602 Mr. O.
Gene Abston, Acting Director Office of Inspector and Auditor U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Wells Eddle~n Route 1, Box 183 Durham, North Carolina 27705 3;udzu alliance Box 3036 Cnapel Hill, Nortn Ca olina 27514