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Category:CORRESPONDENCE-LETTERS
MONTHYEARML18017A9241999-10-15015 October 1999 Provides Supplemental Info Re 981223 Lar,Placing Plant Spent Fuel Pools 'C' & 'D' in Service.Info Provided Does Not Change Util Initial Determination That Proposed License Amend Represents No Significant Hazards Consideration ML18017A9141999-10-12012 October 1999 Forwards Addl Info Re Second 10-year ISI Program Plan Relief Requests,As Requested During 990923 Telcon ML18017A9131999-10-0606 October 1999 Provides Notification That Three SROs Licensed at Shnpp Have Been Reassigned from Position for Which Util Previously Certified Need for SRO License.Name,Docket Number & License Number for Subject Sros,Encl.Encl Withheld ML18017A8911999-09-30030 September 1999 Submits Comment on Encl 2 to 990617 Memo Titled Summary of Meeting with Nuclear Energy Inst. Encl 2 Was Titled Draft Technical Study of Spent Fuel Pool Accidents for Decommissioning Plants. Rept Which Provides Info Encl Also ML20216G3501999-09-29029 September 1999 Confirms Conversations Re NRC Staff Voluntary Response to Orange County Discovery Requests.Staff Will Voluntarily Answer Discovery Requests & Will Not Waive Any Objection or Privilege Under NRC Regulations.Related Correspondence ML20212M1081999-09-29029 September 1999 Confirms Intent to Meet with Utils on 991025 in Atlanta,Ga to Discuss Pilot Plants,Shearon Harris & Sequoyah Any Observations & Lessons Learned & Recommendations Re Implementation of Pilot Program ML20212J0741999-09-29029 September 1999 Refers to Proposed License Amend for Harris NPP Which Would Allow Licensee to Activate Two of Plant Spent Fuel Pools.Serves Copy of Orange County Second Set of Document Requests to NRC Staff,Dtd 990929.Related Correspondence ML18017A8941999-09-29029 September 1999 Forwards Response to NRC 990414 RAI Re GL 95-07, Pressure- Locking & Thermal-Binding of SR Power-Operated Gate Valves. ML18017A8881999-09-27027 September 1999 Submits Info Re Estimated Effect of Changes or Errors in ECCS Evaluation Models or in Application of Models,Per 10CFR50.46(a)(3)(ii) ML18017A8861999-09-21021 September 1999 Forwards Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Examinations. ML18017A8821999-09-14014 September 1999 Provides Notification That RO Licensed on Harris Plant No Longer Meets Requirements of 10CFR50.21,effective 990826. Name,Docket Number & License Number for Individual Provided in Encl.Encl Withheld,Per 10CFR2.790(a)(6) ML18017A8651999-09-0808 September 1999 Requests Relief from Section XI,IWA-5242(a) Requirement for HNP Class 2 Bolted Connections in Borated Sys.Compliance with Requirement Would Result in Unusual Difficulty Without Compensating Increase in Level of Quality & Safety ML18017A8581999-09-0303 September 1999 Provides Response to NRC 990805 RAI Re Amend Request to Increase Fuel Storage Capacity ML18017A8551999-09-0101 September 1999 Forwards Marked Up Copy of Approved FSAR Section 17.3 with Applicable Duplicated TS Requirements,As Committed to in 990602 Application for Rev to TS ML18017A8541999-08-20020 August 1999 Submits Closure Info for Rev 1,Suppl 1 to GL 92-01, Reactor Vessel Structural Integrity. Identified Discrepancies from Review of NRC Rvid Provided HNP-99-134, Forwards Rev 11 to Physical Security & Safeguards Contingency Plan,Iaw 10CFR50.54(p)(2) & 10CFR50.4(b)(4). Description of Changes Is Provided as Encl 2 to Ltr.Rev Withheld,Per 10CFR73.211999-08-18018 August 1999 Forwards Rev 11 to Physical Security & Safeguards Contingency Plan,Iaw 10CFR50.54(p)(2) & 10CFR50.4(b)(4). Description of Changes Is Provided as Encl 2 to Ltr.Rev Withheld,Per 10CFR73.21 ML18017A8351999-08-10010 August 1999 Corrects Statement Made in 980923 Ltr,By Clarifying That Operation of Inner & Outer Pal Doors Can Be Operated by Control Panels Located Inside & Outside Containment ML18016B0531999-08-0606 August 1999 Forwards Exercise Scenario with Controller Info & Simulation Data for Harris Nuclear Plant Emergency Preparedness Exercise Scheduled for 990921.Without Encl ML18016B0461999-08-0404 August 1999 Forwards LER 99-006-01 Describing Condition Which Resulted in Exceeding TS Requirements for CIVs & TS 4.0.4 for Generic Requirements for Surveillance Testing.Rev Includes Results of Investigation Into Failure to Recognize TS Requirements ML18016B0391999-07-30030 July 1999 Forwards Rev 35 to PLP-201, Emergency Plan. Rev Replaces All Pages of Previous Rev with Exception of EAL Flow Path, Side 1 & 2 & Annex H,Operations Map & Aperature Card. Changes Made by Rev,Listed ML18016B0421999-07-30030 July 1999 Informs That in Ltr Dtd 950330 CP&L Committed to Complete Assessment of Severe Accident Mgt Capabilities & Make Any Identified Enhancements by 981231.Actions Were Completed in July 1998 ML18016B0221999-07-26026 July 1999 Informs That CP&L Proposes to Provide Response to NRC 990414 RAI Re GL 95-07, Pressure-Locking & Thermal-Binding of SR Power-Operated Gate Valves, by 990930 ML18016B0171999-07-16016 July 1999 Forwards Corrected Pages to Annual Radioactive Effluent Release Rept, for 1998 for HNP ML18016B0051999-07-0101 July 1999 Informs of Scheduled Emergency Preparedness Exercise for Shnpp on 990921,per Requirements of 10CFR50,App E.List of 26 Objectives Selected for Evaluation During Exercise,Encl. Without Encl ML20212H7741999-06-23023 June 1999 Responds to Re Petition Filed by Orange County Board of Commissioners Re Proposed Expansion of Sf Storage Capacity at Shearon Harris Npp.Public Meeting Will Be Held at Later Date.With Certificate of Svc.Served on 990624 ML18016A9871999-06-14014 June 1999 Forwards Response to NRC 990429 RAI Re License Amend Request to Place Spent Fuel Pools C & D in Service,Dtd 981223.Info Does Not Change Initial Determination That Proposed License Amend Represents No Significant Hazards Consideration ML18016A9831999-06-10010 June 1999 Submits Notification That Reactor Operator Licensed at HNP Has Terminated Employment with Cp&L.Reactor Operator Info Encl.Effective 990528,individuals License Is No Longer Required & CP&L Requests That License Be Terminated ML20212H7521999-06-0404 June 1999 Encourages NRC to Schedule Open Public Forum Which Would Allow Local Citizens to Express Concerns Re Proposed Expansion of high-level Radwaste Storage Capacity at Shearon Harris Npp.With Certificate of Svc.Served on 990624 ML18016A9721999-05-28028 May 1999 Responds to 990309 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs. ML18016B0011999-05-26026 May 1999 Forwards Ltr Received from Hj Jaffe Expressing Concern Re Cpl Proposal to NRC on Dec of 1998 to Make Harris Nuclear Plant Largest Storage Area for High Level Nuclear Waste in Nation ML18016A9631999-05-25025 May 1999 Forwards Periodic Update to FSAR for Hnp.Amend 49 Is Current Through 981128 (End of RFO 8).Some Changes & Analysis Completed After 981128 Have Also Been Included in Amend ML20206R2511999-05-19019 May 1999 Responds to Addressed to Chairman Jackson Requesting That NRC Grant Standing to Orange County Board of Commissioners in Shearon Harris Proceeding Currently Before Board.With Certificate of Svc.Served on 990519 ML20206Q5281999-05-17017 May 1999 Responds to 990304 Request for Two Rail Routes to Be Used for Transport of Spent Fuel from Brunswick Steam Electric Plant,Southport,Nc & Hb Robinson Steam Electric Plant, Hartsville,Sc to Shearon Harris Npp,Near New Hill,Sc ML18016A9511999-05-13013 May 1999 Submits Info Re Estimated Effect of Change to ECCS Evaluation Model,As Required by 10CFR50.46 ML18016A9601999-05-11011 May 1999 Forwards Resolution Adopted by Carrboro Board of Aldermen at 990504 Meeting.Resolution Expresses Town Concern Re Util Plans to Double high-level Nuclear Waste Storage at Shnpp ML18016A9481999-05-0606 May 1999 Forwards NRC Form 396, Certification of Medical Examination by Facility Licensee, for Senior Reactor Operator Licensed to Operate Hnp.Individuals Info Is Proprietary & Is Being Withheld from Public Disclosure,Per 10CFR2.790(a)(6) ML20206R2611999-05-0505 May 1999 Requests That NRC Grant Standing to Intervention Sought by Orange County Board of Commissioners Re Proposal by CP&L to Expand Storage of Hlrw at Shnpp.With Certificate of Svc. Served on 990519 ML18016A9451999-05-0404 May 1999 Provides Proprietary Notification That One SRO Has Been Reassigned from Position for Which Util Certified Need for SRO License & Another SRO Has Terminated Employment with Util.Proprietary Info Withheld,Per 10CFR2.790(a)(6) ML18016A9441999-05-0404 May 1999 Notifies NRC of Util Completion of Actions Re GL 96-01, Testing of Safety-Related Logic Circuits at Plant ML18016A9351999-04-30030 April 1999 Forwards Info Requested in 990324 RAI as Suppl to 981223 Application for Amend to License NPF-63 for Alternative Plan for Spent Fuel Pool Cooling & Cleanup Sys Piping ML18016A9311999-04-30030 April 1999 Forwards Annual Radioactive Effluent Release Rept for Jan- Dec 1998 & Rev 11 to ODCM for Shnpp HNP-99-068, Forwards Rev 0 to Physical Security & Safeguards Contingency Plan. Description of Changes Provided.Encl Withheld1999-04-28028 April 1999 Forwards Rev 0 to Physical Security & Safeguards Contingency Plan. Description of Changes Provided.Encl Withheld ML18016A9211999-04-27027 April 1999 Provides Rev 2 to ISI Relief Request 2RG-008, ISI of Class 1,2 & 3 Snubbers (Code Category F-A) Per Plant TS in Lieu of ASME Code Section XI, in Response to 990408 Telcon with NRC ML18016A9221999-04-27027 April 1999 Forwards Proprietary Notification That SRO Licensed on Shnpp Has Terminated Employment with Cp&L,Per 10CFR50.74(b). Proprietary Info Withheld,Per 10CFR2.790(a)(6) ML18016A9161999-04-22022 April 1999 Forwards Proprietary NRC Form 396, Certification of Medical Exam by Facility Licensee, for SRO Licensed to Operate Hnp. License for Individual Should Be Amended IAW Change Noted on Form.Proprietary Encl Withheld,Per 10CFR2.790(a)(6) ML18016A9201999-04-20020 April 1999 Informs of HNP Personnel Changes to Facilitate Proper Distribution of Correspondence.Records Should Be Updated to Reflect Noted Change ML20205M0431999-04-13013 April 1999 Eighth Partial Response to FOIA Request for Records.App Q & R Records Encl & Being Made Available in PDR ML18016A9121999-04-12012 April 1999 Forwards Diskette Containing Data Re Annual Exposure Rept for Individual Monitoring for Personnel Shnpp,Per 10CFR20.2206(b).Without Encl ML18016A9021999-04-12012 April 1999 Forwards Rev 34 to PLP-201, Shearon Harris NPP Emergency Plan, Replacing All Pages of Previous Rev with Exception of EAL Flow Path,Side 1 & 2 & Annex H Operations Map & Aperture Card.Changes,Listed.Rev Summary,Encl IR 05000400/19982011999-04-12012 April 1999 Discusses Safeguards Insp Rept 50-400/98-201 (Operational Safeguards Response Evaluation) on 980908-11.No Violations Noted.Licensee Performance During Evaluation Indicated Excellent Overall Contingency Response Capability 1999-09-08
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML18017A9241999-10-15015 October 1999 Provides Supplemental Info Re 981223 Lar,Placing Plant Spent Fuel Pools 'C' & 'D' in Service.Info Provided Does Not Change Util Initial Determination That Proposed License Amend Represents No Significant Hazards Consideration ML18017A9141999-10-12012 October 1999 Forwards Addl Info Re Second 10-year ISI Program Plan Relief Requests,As Requested During 990923 Telcon ML18017A9131999-10-0606 October 1999 Provides Notification That Three SROs Licensed at Shnpp Have Been Reassigned from Position for Which Util Previously Certified Need for SRO License.Name,Docket Number & License Number for Subject Sros,Encl.Encl Withheld ML18017A8911999-09-30030 September 1999 Submits Comment on Encl 2 to 990617 Memo Titled Summary of Meeting with Nuclear Energy Inst. Encl 2 Was Titled Draft Technical Study of Spent Fuel Pool Accidents for Decommissioning Plants. Rept Which Provides Info Encl Also ML20212J0741999-09-29029 September 1999 Refers to Proposed License Amend for Harris NPP Which Would Allow Licensee to Activate Two of Plant Spent Fuel Pools.Serves Copy of Orange County Second Set of Document Requests to NRC Staff,Dtd 990929.Related Correspondence ML18017A8941999-09-29029 September 1999 Forwards Response to NRC 990414 RAI Re GL 95-07, Pressure- Locking & Thermal-Binding of SR Power-Operated Gate Valves. ML18017A8881999-09-27027 September 1999 Submits Info Re Estimated Effect of Changes or Errors in ECCS Evaluation Models or in Application of Models,Per 10CFR50.46(a)(3)(ii) ML18017A8861999-09-21021 September 1999 Forwards Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Examinations. ML18017A8821999-09-14014 September 1999 Provides Notification That RO Licensed on Harris Plant No Longer Meets Requirements of 10CFR50.21,effective 990826. Name,Docket Number & License Number for Individual Provided in Encl.Encl Withheld,Per 10CFR2.790(a)(6) ML18017A8651999-09-0808 September 1999 Requests Relief from Section XI,IWA-5242(a) Requirement for HNP Class 2 Bolted Connections in Borated Sys.Compliance with Requirement Would Result in Unusual Difficulty Without Compensating Increase in Level of Quality & Safety ML18017A8581999-09-0303 September 1999 Provides Response to NRC 990805 RAI Re Amend Request to Increase Fuel Storage Capacity ML18017A8551999-09-0101 September 1999 Forwards Marked Up Copy of Approved FSAR Section 17.3 with Applicable Duplicated TS Requirements,As Committed to in 990602 Application for Rev to TS ML18017A8541999-08-20020 August 1999 Submits Closure Info for Rev 1,Suppl 1 to GL 92-01, Reactor Vessel Structural Integrity. Identified Discrepancies from Review of NRC Rvid Provided HNP-99-134, Forwards Rev 11 to Physical Security & Safeguards Contingency Plan,Iaw 10CFR50.54(p)(2) & 10CFR50.4(b)(4). Description of Changes Is Provided as Encl 2 to Ltr.Rev Withheld,Per 10CFR73.211999-08-18018 August 1999 Forwards Rev 11 to Physical Security & Safeguards Contingency Plan,Iaw 10CFR50.54(p)(2) & 10CFR50.4(b)(4). Description of Changes Is Provided as Encl 2 to Ltr.Rev Withheld,Per 10CFR73.21 ML18017A8351999-08-10010 August 1999 Corrects Statement Made in 980923 Ltr,By Clarifying That Operation of Inner & Outer Pal Doors Can Be Operated by Control Panels Located Inside & Outside Containment ML18016B0531999-08-0606 August 1999 Forwards Exercise Scenario with Controller Info & Simulation Data for Harris Nuclear Plant Emergency Preparedness Exercise Scheduled for 990921.Without Encl ML18016B0461999-08-0404 August 1999 Forwards LER 99-006-01 Describing Condition Which Resulted in Exceeding TS Requirements for CIVs & TS 4.0.4 for Generic Requirements for Surveillance Testing.Rev Includes Results of Investigation Into Failure to Recognize TS Requirements ML18016B0421999-07-30030 July 1999 Informs That in Ltr Dtd 950330 CP&L Committed to Complete Assessment of Severe Accident Mgt Capabilities & Make Any Identified Enhancements by 981231.Actions Were Completed in July 1998 ML18016B0391999-07-30030 July 1999 Forwards Rev 35 to PLP-201, Emergency Plan. Rev Replaces All Pages of Previous Rev with Exception of EAL Flow Path, Side 1 & 2 & Annex H,Operations Map & Aperature Card. Changes Made by Rev,Listed ML18016B0221999-07-26026 July 1999 Informs That CP&L Proposes to Provide Response to NRC 990414 RAI Re GL 95-07, Pressure-Locking & Thermal-Binding of SR Power-Operated Gate Valves, by 990930 ML18016B0171999-07-16016 July 1999 Forwards Corrected Pages to Annual Radioactive Effluent Release Rept, for 1998 for HNP ML18016B0051999-07-0101 July 1999 Informs of Scheduled Emergency Preparedness Exercise for Shnpp on 990921,per Requirements of 10CFR50,App E.List of 26 Objectives Selected for Evaluation During Exercise,Encl. Without Encl ML18016A9871999-06-14014 June 1999 Forwards Response to NRC 990429 RAI Re License Amend Request to Place Spent Fuel Pools C & D in Service,Dtd 981223.Info Does Not Change Initial Determination That Proposed License Amend Represents No Significant Hazards Consideration ML18016A9831999-06-10010 June 1999 Submits Notification That Reactor Operator Licensed at HNP Has Terminated Employment with Cp&L.Reactor Operator Info Encl.Effective 990528,individuals License Is No Longer Required & CP&L Requests That License Be Terminated ML20212H7521999-06-0404 June 1999 Encourages NRC to Schedule Open Public Forum Which Would Allow Local Citizens to Express Concerns Re Proposed Expansion of high-level Radwaste Storage Capacity at Shearon Harris Npp.With Certificate of Svc.Served on 990624 ML18016A9721999-05-28028 May 1999 Responds to 990309 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs. ML18016B0011999-05-26026 May 1999 Forwards Ltr Received from Hj Jaffe Expressing Concern Re Cpl Proposal to NRC on Dec of 1998 to Make Harris Nuclear Plant Largest Storage Area for High Level Nuclear Waste in Nation ML18016A9631999-05-25025 May 1999 Forwards Periodic Update to FSAR for Hnp.Amend 49 Is Current Through 981128 (End of RFO 8).Some Changes & Analysis Completed After 981128 Have Also Been Included in Amend ML18016A9511999-05-13013 May 1999 Submits Info Re Estimated Effect of Change to ECCS Evaluation Model,As Required by 10CFR50.46 ML18016A9481999-05-0606 May 1999 Forwards NRC Form 396, Certification of Medical Examination by Facility Licensee, for Senior Reactor Operator Licensed to Operate Hnp.Individuals Info Is Proprietary & Is Being Withheld from Public Disclosure,Per 10CFR2.790(a)(6) ML20206R2611999-05-0505 May 1999 Requests That NRC Grant Standing to Intervention Sought by Orange County Board of Commissioners Re Proposal by CP&L to Expand Storage of Hlrw at Shnpp.With Certificate of Svc. Served on 990519 ML18016A9451999-05-0404 May 1999 Provides Proprietary Notification That One SRO Has Been Reassigned from Position for Which Util Certified Need for SRO License & Another SRO Has Terminated Employment with Util.Proprietary Info Withheld,Per 10CFR2.790(a)(6) ML18016A9441999-05-0404 May 1999 Notifies NRC of Util Completion of Actions Re GL 96-01, Testing of Safety-Related Logic Circuits at Plant ML18016A9351999-04-30030 April 1999 Forwards Info Requested in 990324 RAI as Suppl to 981223 Application for Amend to License NPF-63 for Alternative Plan for Spent Fuel Pool Cooling & Cleanup Sys Piping ML18016A9311999-04-30030 April 1999 Forwards Annual Radioactive Effluent Release Rept for Jan- Dec 1998 & Rev 11 to ODCM for Shnpp HNP-99-068, Forwards Rev 0 to Physical Security & Safeguards Contingency Plan. Description of Changes Provided.Encl Withheld1999-04-28028 April 1999 Forwards Rev 0 to Physical Security & Safeguards Contingency Plan. Description of Changes Provided.Encl Withheld ML18016A9221999-04-27027 April 1999 Forwards Proprietary Notification That SRO Licensed on Shnpp Has Terminated Employment with Cp&L,Per 10CFR50.74(b). Proprietary Info Withheld,Per 10CFR2.790(a)(6) ML18016A9211999-04-27027 April 1999 Provides Rev 2 to ISI Relief Request 2RG-008, ISI of Class 1,2 & 3 Snubbers (Code Category F-A) Per Plant TS in Lieu of ASME Code Section XI, in Response to 990408 Telcon with NRC ML18016A9161999-04-22022 April 1999 Forwards Proprietary NRC Form 396, Certification of Medical Exam by Facility Licensee, for SRO Licensed to Operate Hnp. License for Individual Should Be Amended IAW Change Noted on Form.Proprietary Encl Withheld,Per 10CFR2.790(a)(6) ML18016A9201999-04-20020 April 1999 Informs of HNP Personnel Changes to Facilitate Proper Distribution of Correspondence.Records Should Be Updated to Reflect Noted Change ML18016A9121999-04-12012 April 1999 Forwards Diskette Containing Data Re Annual Exposure Rept for Individual Monitoring for Personnel Shnpp,Per 10CFR20.2206(b).Without Encl ML18016A9021999-04-12012 April 1999 Forwards Rev 34 to PLP-201, Shearon Harris NPP Emergency Plan, Replacing All Pages of Previous Rev with Exception of EAL Flow Path,Side 1 & 2 & Annex H Operations Map & Aperture Card.Changes,Listed.Rev Summary,Encl ML18016A8911999-04-0505 April 1999 Forwards non-proprietary App 4A,pages 20-25 & Proprietary Page 4-6 to re-issued Rev 3 of Holtec International Licensing Rept HI-971760.Pages Were Inadvertently Omitted from Reissued Rept.Proprietary Page 4-6 Withheld ML18016A8891999-04-0101 April 1999 Forwards Rev 99-1 to Plant EALs for NRC Review & Approval, Per 10CFR50,App E.Encl Provides Comparison of Currently Approved EALs & Proposed Rev 99-01.Approval of EALs Prior to June 1999,requested.With Four Oversize Drawings ML18016A8811999-03-31031 March 1999 Responds to NRC 990301 Ltr Re Violations Noted in Insp Rept 50-400/98-11.Corrective Actions:Post Trip/Safeguards Actuation Rept for 981023,RT Was Corrected,Required Reviews Completed & Approval Obtained on 990219 ML18016A8671999-03-19019 March 1999 Submits Response to RAI Re Spent Fuel Pool Water Level & Revised Fuel Handling Accident Analyses,Per 990317 Telcon with NRC ML18016A8631999-03-19019 March 1999 Forwards Shnpp Operator Training Simulator,Simulator Certification Quadrennial Rept, IAW 10CFR55.45(b)(5)(ii). NRC Form 474 & Required Info Re Simulator Performance Test Results & Schedules Also Encl ML18016A8691999-03-18018 March 1999 Forwards Resolution Adopted by Lee County,North Carolina Board of Commissioners Re Proposed Expansion of high-level Radioactive Waste Storage Facilities at Carolina Power & Light Shearon Harris Nuclear Power Plant ML18016A8511999-03-15015 March 1999 Forwards Proprietary & non-proprietary Version of Rev 3 to HI-971760, Licensing Rept for Expanding Storage Capacity in Harris SFPs 'C' & 'D'. Repts Are Reissued to Reflect Reduction in Proprietary Info.Proprietary Info Withheld ML18016A8601999-03-15015 March 1999 Informs NRC of Mod to Commitment for Hnp,Re Comprehensive Review of Implementation of TS Sr.Upon Completion of Listed Reviews,Surveillance Procedure Review Project Will Be Considered Complete 1999-09-08
[Table view] Category:LEGAL/LAW FIRM TO NRC
MONTHYEARML18009A5741990-06-13013 June 1990 Provides Progress Rept of Arbitration Between CP&L & North Carolina Eastern Municipal Power Agency.Arbitration Shows Allegations Made in Power Agency Complaint as Lacking in Merit & Requests Dismissal of Complaint ML18009A5731990-06-12012 June 1990 Notifies That Arbitrator Issued Award in Proceeding & Advises of Eastern Municipal Power Agency Withdrawal of Request for Initiation of Informal Complaint Procedures Re Antitrust License Conditions Contained in License NPF-63 ML18022A7871990-02-23023 February 1990 Submits Info in Response to 900122 Request Re Initiation of Informal Complaint Procedures Per Section 5.3.2 of NUREG-0970.Util Conduct Violates Commmitment 4 in Antitrust License Conditions.Discovery Procedures Completed ML18005B0101989-08-0404 August 1989 Requests That Commission Dismiss North Carolina Eastern Municipal Power Agency Complaint Re CP&L Violation of Antitrust Conditions on Basis That Power Agency Has Pursued Claim in Multiple Forums & Reasons in CP&L 890615 Ltr ML18005B0131989-08-0303 August 1989 Requests Commencement of Informal Complaint Procedures Per Section 5.3.2 of NUREG-0970 for Listed Reasons ML18005A9531989-06-22022 June 1989 Presents Licensee Request for Commencement of Informal Complaint Procedures Under Section 5.3.2 of NUREG-0970. Recommends That Util Request Be Denied & Parties Have Opportunity to Meet W/Commission to Discuss Util Complaint ML18005A9321989-05-18018 May 1989 Requests Commencement of Informal Complaint Procedures Under Section 5.3.2 of NUREG-0970.Util Requests Notification of All Meetings Betweeen NRC & Complaintant ML18022A7201989-05-0505 May 1989 Requests Commencement of Informal Complaint Procedures Per Section 5.3.2 of NUREG-0970.Related Info Encl ML20215K9211986-10-0808 October 1986 FOIA Request for Documents Re Investigation of Safety Concerns Raised by Jj Mcweeney Re Facility ML18004B5811986-10-0707 October 1986 Forwards Certificate N-112 to Nelia Policy 1 & Certificate M-112 to Maelu Policy M-112 ML20206S2701986-09-17017 September 1986 Notifies of Address Change Effective on 860927.Requests Address on Encl List of Dockets Be Changed ML20206U8651986-07-0808 July 1986 Forwards Chatham County Board of Commissioners Resolution Endorsing Emergency Response Plan on 860707.Resolution Suppls Applicant Response to Intervenors Request to Continue Stay Indefinitely.Svc List Encl ML20206J2531986-06-24024 June 1986 Alerts Commission That Applicant Considers Coalition for Alternatives to Shearon Harris 860609 Petition for Leave Before Aslab & That Applicant Filed Response to Petition W/Aslab.Svc List Encl ML20198L5871986-05-29029 May 1986 Forwards Board of Commissioners of Chatham County 860527 Resolution Rescinding Prior Approval of Emergency Response Plan Pending Further Review of Unresolved Issues.Svc List Encl.Related Correspondence ML20137Z5791986-03-11011 March 1986 Requests That Gf Trowbridge Be Replaced as Addressee for NRC Correspondence in Accordance W/Listed Client Facility & Designated Addressee ML20141N2221986-02-28028 February 1986 Forwards Us Court of Appeals 810929 Per Curiam Order, Dismissing Util Petition for Review of Rule on Emergency Planning.Applicants May Wish to Discuss Order at 860304-05 Hearings.Svc List Encl.Related Correspondence ML20137N0721986-01-23023 January 1986 Informs That Author Will Present Argument on Behalf of Applicant at 860205 Oral Argument on Intervenor Appeal from 850820 Partial Initial Decision on Safety Contentions. Svc List Encl ML20137J0111986-01-13013 January 1986 Forwards Listed Documents Re Eddleman Contention EPX-8 Expounding on & Modifying Applicant 851220 Response to Eddleman Interrogatories.Motion for Summary Disposition of EPX-2 Being Filed Separately ML20136J4731986-01-0808 January 1986 Completes 860103 Partial Response to 851226 Order for Info Re Intensity & Duration of siren-produced Levels within Plant Emergency Planning Zone.Certificate of Svc Encl. Related Correspondence ML20141F7601986-01-0303 January 1986 Forwards Thunderbolt Siren Directivity Pattern Dbc at 100 Ft,650 Hz, Used in Preparation of Testimony on Eddleman Contention 57-C-3,in Response to ASLB 851226 Order. Svc List Encl.Related Correspondence ML20138B3781985-12-0909 December 1985 Forwards Applicant Proposed Findings of Fact & Conclusions of Law on Eddleman 57-C-3 (Night Time Notification) Re Collective OL for Facility ML20137Q1261985-12-0202 December 1985 Responds to ASLB Re Generic Safety Problems Involving Emergency Notification of Residents in Plume Zones.Ltr Based Exclusively on Evidentiary Record & Departs from NRC Process.Svc List Encl ML20136J0721985-11-20020 November 1985 Responds to IE Info Notices 85-42 & 85-81 in Response to Joint Intervenors Appeal of ASLB Ruling in Favor of Applicant on Contention IV Re Use of Tlds.Svc List,Info Notices & Board Notification 85-083 Encl ML20205G5301985-11-0808 November 1985 Confirms That Util Provided Exhibit 48 (EPA-600/1-77-010) & Exhibit 49 (Siren Map) Provided to Court Reporter. Documents Also Provided to ASLB & Other Parties Per Applicant .Svc List Encl ML20205G8371985-11-0707 November 1985 Forwards Technical Svc Lab Presenting Results of Eddy Current Exam of Sample of Steam Generator Tubes & Replacement Pages 19-22 for Applicant Testimony of HR Banks & Others.W/Certificate of Svc.Related Correspondence ML20205G5431985-11-0101 November 1985 Requests Amend to to Facilitate Planning for Hearing on Conservation Council of North Carolina Contention WB-3 Resuming 851112.Dupont Will Be Applicant First Witness. Svc List Encl.Related Correspondence ML20133J1741985-10-16016 October 1985 Forwards Form 8-K,dtd 850924,filed W/Securities & Exchange Commission by Util.Svc List Encl.Related Correspondence ML20132B2351985-09-23023 September 1985 Forwards Direct Testimony Applicant Will Present at 850930 Hearing on Drug Use Contention,Per ASLB 850918 Order.List of Testimony & Exhibits Encl.Certificate of Svc Encl.Related Correspondence ML20134E8571985-08-16016 August 1985 Advises That Author Will Present Argument on Behalf of Applicant on 850828 Re Intervenor Appeal from ASLB 850220 Partial Initial Decision on Environ Contentions.Svc List Encl ML20126K8561985-07-26026 July 1985 Discusses Util Response to W Eddleman 850619 Request That Documents Be Made Part of Record in Proceeding,Per Board 850715 Order.Util Application for Withholding Untimely by Terms of 10CFR2.790.Related Correspondence ML20127B5231985-06-19019 June 1985 Requests That Documents Identified in Discovery on Contention 41-G Re Harassment Be Made Part of Record in Proceeding for Possible Consideration on Appeal.Copy of Documents Also Requested.Related Correspondence ML20126A0681985-06-10010 June 1985 Forwards Testimony of Jf Myers & Ds Mileti on Epj Contention 4(b) Re Role Strain in Adult School Bus Drivers. Applicants Do Not Plan to Offer Any Exhibits in Response to Contention.Certificate of Svc Encl ML20127M6261985-05-20020 May 1985 Forwards 840830 Final Rept of Facility Qa/Qc Const Inspector Review Panel & Four Documents Re Allegation of Harassment by Qa/Qc Inspector in Support of ASLB Denial of Eddleman 850507 Motion.W/O Encl.Svc List Encl.Related Correspondence ML20117J1501985-05-13013 May 1985 Informs That W Eddleman Will Not Be Filing Opposition to Motion for Summary Disposition of Eddleman 213.Eddleman 213 & EPT-2,as Discussed in ,Are Now Ripe for Summary Disposition.Svc List Encl.Related Correspondence ML20117H4181985-05-0909 May 1985 Notifies That Chapel Hill Anti-Nuclear Group Effort Will Not File Response to Jf Myers 850425 Supplemental Affidavit Re EPJ-2.Staff/FEMA Position on Affidavit Unchanged.Notice Authorized by Parties.Svc List Encl.Related Correspondence ML20116H5841985-04-29029 April 1985 Notifies of Mod to Evidence Presented in Response to Eddleman Contention 41 Re Pipe Hanger Welding.Verification of Pipe Hanger Design Compliance Will Be Performed by Craft Supervisors ML20116C9951985-04-25025 April 1985 Forwards Supplemental Affidavit of Jf Myers Re Recent Change to Provisions for Official Transportation Assistance for Persons in Emergency Planning Zone.Related Correspondence ML20115G4981985-04-18018 April 1985 Requests That ASLB Defer Summary Deposition Ruling on EPJ-2 Pending Submittal of Amended Affidavit from State of Nc Explaining Policy Decision Re Pickup Routes for Areas of Harris Plume Emergency Planning Zone.Svc List Encl ML20112C7801985-03-18018 March 1985 Amends Concluding Paragraph of Re Status of Pending Emergency Planning Summary Disposition Motions. Eddleman Response to Applicant Summary Disposition Motions on Contentions 30,57-C-10,213-a & 215 Received.W/Svc List ML20112B6321985-03-15015 March 1985 Discusses ASLB 850227 Memorandum & Order Re Emergency Planning Summary Disposition Motions.Applicants Received No Other Intervenor Responses or Requests for Extension Re Remaining Motions.Related Correspondence ML20099J3701985-03-14014 March 1985 Discusses NRC Re Eddleman 850301 Motion to Compel Discovery of NRC Staff.No Provisions of Code of Prof Responsibility or Commission Rule of Practice Relieve NRC of Obligation to Respond by Pleading.Related Correspondence ML20134G0611985-03-12012 March 1985 FOIA Request for All Records Re C Van Vo (Also Known as Vv Davis) 841006 Affidavit,Concerns Expressed in Affidavit & NRC Response to Concerns,Including Documents About Subjs Forming Basis for Insp Repts 50-400/84-43 & 50-400/84-45 ML20101S9791985-02-0101 February 1985 Forwards Application for Issuance of Subpoena Duces Tecum to C Van Vo,Proposed Subpoena & Notice of Deposition of C Van Vo.Applicant Will Undertake Svc of Subpoena After Execution.Related Correspondence ML20104A3831985-01-29029 January 1985 Reaffirms Commitment to Include All Map Info Required by NUREG-0654 in Annex 1,Rev 1 to Emergency Response Plan,Per Terms of Rejection of Eddleman Contentions 250 & 251.Svc List Encl ML20112J8391985-01-14014 January 1985 Forwards Motions Addressing 12 Contentions.Summary Disposition of All Outstanding Admitted Emergency Preparedness Contentions Except Wilson Contention 11 Sought by Applicants ML20112D9381985-01-10010 January 1985 Forwards Errata & Amends to 841221 Applicant Proposed Findings of Fact & Conclusions of Law Re Safety Matters to Correct Typos.Svc List Encl ML20101P0721985-01-0303 January 1985 Forwards Joint Motion for Approval of Settlement of Eddleman 227-S Submitted Jointly by Applicants,Eddleman,Nrc & Fema. Proposed Order Approving Settlement of Eddleman 227-S Encl ML20101E9421984-12-21021 December 1984 Forwards Applicant Proposed Findings of Fact & Conclusions of Law on Safety Matters.Certificate of Svc Encl ML20100B3231984-12-0303 December 1984 Forwards NRC Issued SERs on Reliability of Tdi Diesel Generators,Per Applicant Oral Motion Re Two Deferred Eddleman Contentions on Diesel Generators & ASLB Request for Suppl.Svc List Encl.Related Correspondence ML20094B1321984-11-0505 November 1984 Forwards 841105 Corrections to Jf Nevill,Ag Fuller, Dr Timberlake & Kv Hate 840809 Testimony Re Eddleman Contention 41 (Pipe Hanger Welding).Related Correspondence 1990-06-13
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S REGULATOR INFORMRTION DISTRIBUTION%STEM (RIDE)
ACCESSION NBR:8906280126 DOC.DATE: 89/06/22 NOTARIZED: NO DOCKET FACIL:50-400 Shearon Harris Nuclear Power Plant, Unit 1, Carolina 05000400 AUTH.NAM<~ AUTHOR AFFILIATION NEWELL,G.J~ Spiegel & McDiarmid NEWELL,G.J. North Carolina Eastern Municipal Power Agency RECIP.NAME RECIPIENT AFFILIATION MURLEY,T.E. Office of Nuclear Reactor Regulation, Director (Post 870411
SUBJECT:
Presents plant request for commencement of informal complaint procedures under Section 5.3.2,NUREG-0970.W/encl.
DISTRIBUTION CODE: YE03D TITLE: Request for NRR COPIES RECEIVED:LTR J Action (e.g. 2.206 Petitions)
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Correspondenc NOTES:Application for permit renewal filed.. 05000400
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.PD2-1 LA 1 1 PD2-1 PD 1 1 BECKER,D 1 1 INTERNAL: EDO/BRIDGERS 1 1 NRR DIR 1 1 NUDOCS-ABSTRACT 1 1 Sl 1 1 OGC/ROED 1 1 RE FILE Ol 1 1 EXTERNAL: LPDR 1 1 NRC PDR 1 1 R
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h NOTE 'IO ALL "RIDS'I RECIPIENTS PIZASE HELP US T0 REDUCE HASTE! CGHZACT 'IHE DOCUMEÃZ CXÃIBOL DESKF RDCN Pl-37 (EXT. 20079) TO ELXHZKQR YOUR NAME PKH DISTEGBUTIGN LISTS FOR DOCUMEHZS YOU DGHFT NEEDf TOTAL NUMBER OF COPIES REQUIRED: LTTR 11 ENCL 11
GEORGE SPIEGEL PC SPIEGEL 4 MCDIARMID BEN FINKELSTEIN ROBERT C. MODIARMID ~ DONALD WEIGHTMAN SANDRA J. STREBEI I350 NEW YORK AVENUE. N.W, MARGARET' MCGOLDRICK ROBERT A JABLON WASHINGTON, D.C. 20005 4798 BARBARA S. ESBIN JAMES N. HORWOOD MARTIN S. PUTNAM ALANJ. ROTH
- SUSAN M. BERNARD FRANCES E. FRANCIS TELEPHONE I202) 879.4000 DIANE H. LAUTRUP DANIEL I. DAVIDSON DAVID KOLKER DANIEL GUTTMAN TELECOPIER (202I 879.4001 IJSA G. DOWDKN PETER K MATT TELECOPIER (202) 879.408'I WILIJAMS. HUANG 4 RISE J. PETERS DAVID R. STRAUS BONNIE S. BLAIR PETER J. HOPKINS THOMAS C. TRAUGKR
- NANCY R. PAGE JOHN J. CORBETT RUSSELL F. SMITH. III 4 KODWO GHARTEY-TAGOE CYNTHIAS. BOGORAD 4 R DAVIDLOPEZ GARY J. NEWELL MARC R. POIRIER RICHARD A BROWN June 22, 1989 MCMSCII OF WISCONSIN SAII ONLY 4 MCMSCSOF MASS SAN ONLY JOSEPH VAN EATON 4 MCMSCII OF YIIIOINIASAII ONLY RENA I. STEINZOR R DANIEI BRUNER M CM 4CII OF NOIIYHCAIIOLINASAII ONLY 4 MCMSCS OF FCHNSYLYAHIASAII OHI Y SCOTT H. STRAUSS OF COUNSEL
'PENCER I KIMBALL Dr. Thomas E. Murley Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Shearon Harris Nuclear Power Plant, Request for Commencement of Informal Complaint Procedures Under Section 5.3.2, NUREG-0970
Dear Dr. Murley:
Yesterday we received a copy of a letter to you dated June 15, 1989 from Mr. George Avery, counsel for Carolina Power &
Light Company ("CP&L"), setting forth CP&L's response to the Request for Initiation of Informal Complaint Procedures filed on behalf of North Carolina Eastern Municipal Power A'gency (" Power Agency" ) on May 5, 1989.
There are a number of assertions contained in CP&L's response to which Power Agency hopes to respond at a meeting with the Commission Staff (as proposed in the May 24, 1989 letter from Mr. Cecil O. Thomas of the Office of Nuclear Reactor Regulation).
There are, however, two assertions contained-in CP&L's response that are of sufficient importance that Power Agency wishes to correct them immediately.
First, CP&L's response discusses the Federal Energy Regulatory Commission's acceptance for filing of the 1981 Power Coordination Agreement ("PCA") between CP&L and Power Agency. At pages 10-11, the response states the conclusion that FERC's acceptance of the PCA "confirms that the 1981 PCA conforms to the requirements of the Federal Power ActsB In reliance on that acceptance, and on License Condition 6 to License No. NPF-53, 8906280126 890622 PDR ADOCK 05000400 PNU
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Dr. Thomas E. Murley June 22, 1989 Page 2 CP&L reasons that actions by CP&L in conformity with the PCA cannot violate License Condition 4. Apart from the fact that CP&L's compliance with the PCA is a threshold matter in dispute between the parties, Power Agency wishes to advise you that that the Agreement comports with statutory standards under the Federal Power Act. In accepting the 1981 PCA for filing, FERC stated as follows:
This acceptance for filing does not constitute approval of any service, rate, charge, classification, or any rule, regulation, contract, or practice affecting such rate or service provided for in the filed documents; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against Carolina Power & Light Company.
A complete copy of FERC's letter order accepting the 1981 PCA for filing is provided as Attachment l.
Second, CP&L's response also recites that the subject matter of Power Agency's Request for Initiation of Informal Complaint Procedures was also the subject of a complaint filed with FERC, as to which FERC granted dismissal with directions to arbitrate the dispute. At page ll of the response, CP&L notes that initial arbitration pleadings have been filed, and states that "[t]he arbitration thus is proceeding, consistent with FERC's orders." CP&L fails to advise you that, on June 14, 1989, CP&L filed with the arbitrator a motion to stay the arbitration proceeding pending a decision of the U.S. Court of Appeals for the District of Columbia Circuit on Power Agency's petition for review of FERC's dismissal orders. A copy of CP&L's Motion to Stay the Arbitration Proceeding (without exhibits) is provided as .
In concluding its response, CP&L asks the Commission to dismiss Power Agency's complaint. Power Agency believes that
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0 Dr. Thomas E. Murley June 22, 1989 Page 3 CP&L's request should be. denied, and that the parties should have an opportunity to meet with the Commission's Staff to discuss in greater detail the subject matter of Power Agency's complaint.
Very truly yours Ccu~
Counsel for North Carolina Eastern Municipal Power Agency cc: Mr. Joseph Rutberg Mr. William M. Lambe Mr. Cecil 0. Thomas Mr. Bobby L. Montague Mr. George A. Avery Mr. William G. Wemhoff Mr. Michael S. Colo
FEDERAL FNERGY REGULATORY COMMlSSION WASHIH67OH 20426 IM RKPt Y RCFCR TO<
Docket No. ER82-9-000 Carolina Power 4 Light Company Attention: Mr. William W. Graham, Jr. OCT ~ o ~98>
Executive Vice President P ~ O. Box 1551 Raleigh, North Carolina 27602
Dear Mr . Graham:
By letter'ated October 7, 1981, you submitted for filing with the Commission a Power Cooi dination Agreement dated July 30, 1981, between Carolina Power L Light Company (CPEL) and North Carolina Municipal Power Agency Number 3 (Power Agency) .
A Purchase, Construction and Ownership Agreement and an Operating and Fuel Agreement relating to the Power Coordination Agreement was also submitted for informational purposes. Pursuant to Section 375.308(l) of the Commission's Regulations, your submittal is accepted for filing and designated as shown on the Enclosure.
Notice of your filing was issued on October 8, 1981, with comments, protests, or interventions due on or before October 22, 1981. On October 16, 1981, Power Agency filed a petition to intervene in support of the filing.
Good cause is shown for granting waiver of the notice require-ments pursuant to Section 205(d) of'he Federal Power Act and Section 35.11 of the Commission's Regulations 'thereunder; therefore, the rate schedule shall become effective upon initiation of service. Please inform the Commission of the date of initiation of service and provide a final list of the members of Power Agency receiving service under the Power Coordination Agreement.
Any change in a fixed component of the formulary rate methodology contained in the Power Coordination Agreement will constitute a change in rate and will require timely filing with the Comm'sion pursuant to Section 35.13 of the Commission's Regulatio..s accompanied by appt opriate data and computations showing the basis for the proposed change in rate.
Carolina Power 5 Light Company This acceptance for filing does not constitute approval of any service, r ate, charge, classification, or any r ule, regulation, contract, or practice affecting such rate or service provided for in the filed documents; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now 'pending or hereafter insti-tuted by or against Carolina Power E Light Company.
This action is final unless a petition appealing it to the Commission is filed within 30 days from the date of this letter,.
as provided in Section 1.7(d). of the Commission's Regulations, 18 C.F.R. 1.7(d) I:as amended in Docket No. RM78-19 (August 14, 1978), Docket No. RM79-59 (July 23, 'l979) and Docket No.
RM8l-20 (May 22, l98l)3. The filing of a petition appealing this action to the Commission or an application for rehearing as provided in Section 313(a) of the Act does not operate as a stay of any date specified in this letter except as specifically ordered by the Commission.
This acceptance for filing .terminates Docket No. ER82-9-000.
Sincerely.,
William W. Lindsay, Director Office of Electric Power Regulation Enclosure cc: North Carolina Municipal Power Agency Number 3 Attention: Mr. Ralph W. Shaw General Manager P. 0. Box 59162 Raleigh, North Carolina 27625 Spiegel 4 McDiarmid Attention: Mr . James N. Horwood 2600 Virginia Avenue, N. W.
Washington, D. C. 20037
Enclosure Carolina Power & Light Company Rate Schedule Designations Docket No. ER82-9-000 Filed October 7, 1981 Effective: Commencement of Service Desi nation Other Part (1) Carolina Power & Li ht Comoan North Carolina Municipal Rate Schedule FERC No. 121 Power Agency Number 3 Power Coordination Agreement (Supersedes the Following Rate Schedules)
FPC No. 68 Town of Louisburg FPC No. 72 Town of Apex FPC No. 73 Town of Benson FPC No. 74 Towll of Clayton FPC No. 77 Town of Red Spr ings FPC No. 79 City of Southport FPC No. 81 Town of Fremont FPC No. 83 Town of La Grange FPC No. 85 Town of Pikeville FPC No. 87 Town of Smithfield FPC No. 88 Town of Wake Forest FPC No. 90 City of Wilson FPC No. 94 City of Rocky Mount FPC No. 99 City of Kinston (Supersedes Service Agreements Town of Ayden under FPC Electric Tariff, Town of Farmville First Revised Volume No. 1) Town of Hookerton City of Laurinburg City of Lumberton Town of Selma (2) Exhibit (A) to Rate Schedule FERC No. 121 (Operating and Fuel Agreement)
(3) Exhibit (B) to Rate Schedule FERC No. 'l21 (Purchase, Construction and Ownership Agreement)
PRO EEDING IN ARBITRATION
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NORTH CAROLINA EASTERN MUNICIPAL )
POWER AGENCY, )
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Initiating Party, )
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v ~ ) MOTION TO STAY THE
) ARBITRATION PROCEEDING CAROLINA POWER & LIGHT COMPANY, )
)
Responding Party. )
)
)
TO: The Honorable Sidney O. Smith, Jr., Arbitrator Carolina Power & Light Company '("CP&L") hereby moves for an order staying this arbitration proceeding pending resolution of a Petition for Review filed by North Carolina Eastern Municipal Power Agency (" Power Agency" ) in the United States Court of Appeals for the District of Columbia Circuit. The grounds for CP&L's motion are that, in the related litigation, Power Agency seeks rulings which could (i) render this arbitration unnecessary in its entirety; (ii) greatly limit the issues to be decided in this arbitration; and (iii) result in decisions or rulings that are inconsistent or contradictory with the Award rendered in this proceeding. In support of this motion, CP&L states the following:
1 Factual Back round This arbitration arises from a Power Coordination Agreement entered into by Power Agency and CP&L in 1981 ("the 1981 PCA"). Pursuant to the 1981 PCA, CP&L provides Power Agency with backstand, supplemental power and transmission services that enable Power Agency to provide All Requirements Bulk Power Service to its thirty-two municipal participants.
Under the 1981 PCA, CP&L is obligated to backstand power supplied by generation facilities Power Agency jointly owns with CP&L ("the Joint Units" ), and to provide Power Agency with Supplemental Capacity and Energy in amounts required by Power Agency and its participants. In exchange, Power Agency agreed to purchase its backstand and Supplemental Capacity from CP&L on agreed upon terms.
The 1981 PCA also states terms and conditions by which
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Power Agency may serve its supplemental load with power generation resources other than those provided by CP&L. Under Sections 6.1(D) and 6.1(E) of the 1981 PCA, Power Agency may displace purchases of Supplemental Capacity from CP&L with another resource if the resource qualifies as a "New Resource" as defined in the 1981 PCA, and if appropriate eight-year notice is provided. If these terms are satisfied, CP&L and Power Agency are required by Section 6.1(D)(1) of the 1981 PCA to undertake negotiations for a power coordination agreement for that new resource.
Power Agency seeks to acquire a resource from South Carolina Public Service Authority ("Santee Cooper" ), which it
intends to use to displace Supplemental Capacity and energy purchases from CP&L. In early 1988, CP&L and Power Agency had preliminary discussions regarding a draft power coordination agreement for the Santee Cooper resource. From the outset of these discussions, Power Agency threatened that if CP&L did not capitulate to its terms and conditions, Power Agency would file a complaint with the Federal Regulatory Energy Commission ("FERC"),
asking the Commission to impose a power coordination agreement on CP&L.
The FERC Proceeding And Power Agency's Pendin A eal In The D.C..Circuit On June 7,, 1988, after only three negotiating sessions, Power Agency filed a complaint against CP&L with FERC. Power Agency alleged that CP&L had failed to negotiate in good faith to reach agreement with Power Agency on arrangements for its use of the resource it sought to acquire from Santee Cooper. Along with the complaint, Power Agency submitted a proposed power coordination agreement (the "1988A PCA"), between Power Agency and CP&L which it asked FERC to impose on CP&L. A copy of the complaint is attached as Exhibit A.
CP&L answered the complaint and alleged that Power Agency had failed to negotiate in good faith regarding the terms of the proposed power coordination agreement and that good faith negotiation would have resulted in an agreement that would enable Power Agency to use the Santee Cooper power. CP&L also moved to dismiss the complaint on the ground that the'ispute between it and
Power Agency arises from the 1981 PCA, and that pursuant to Section 22.2(A) of the 1981 PCA, the parties are required to submit all unresolved disputes that arise out of or relate to the 1981 PCA to arbitration. A copy of CP&L's answer and motion to dismiss is attached as Exhibit B.
On December 22, 1988, FERC issued an Order which found that the dispute between CP&L and Power Agency was subject to arbitration under the 1981 PCA, and accordingly, dismissed Power Agency's complaint without prejudice to Power Agency's refiling upon completion of arbitration. A copy of FERC's Order is attached as Exhibit C.
On January 23, 1989, Power Agency filed a motion for clarification and ~
a conditional request for rehearing of FERC's December 22, 1988 Order. Power Agency'rgued that pursuant to Sections 6.1(C)(3) and 6.1(E) of the 1981 PCA, it is entitled 'to have FERC resolve in the first instance disputes which relate to the terms and conditions of interconnection, and that such disputes are not 'subject to the general arbitration clause set out in Section 22.2(A) of the 1981 PCA. A copy of Power Agency's motion is attached as Exhibit D.
By Order dated February 22, 1989, FERC denied Power Agency's motion for clarification and rehearing. FERC ruled that the arbitration clause of the 1981 PCA applies to all disputes arising out of or relating to the 1981 PCA (with only two exceptions not at issue here), including disputes as to whether or
not a particular issue is subject to arbitration in the first instance. A copy of FERC's order is attached as Exhibit, E.
On March 23, 1989, Power Agency filed a Petition for Review with the United States Court of Appeals for the District of Columbia Circuit seeking review of FERC's orders issued on December 22, 1988 and February 22,. 1989 dismissing Power Agency's complaint based on a finding that the dispute was subject to the arbitration claus'e in the 1981 PCA and denying Power Agency's subsequent motion for clarification and conditional request for rehearing, North Caro 'na Eastern Munici al Power A enc v. FERC, D.C. Cir. No. 89-1205. A copy of Power Agency's Petition for Review is attached as Exhibit F. The parties have agreed to an expedited briefing schedule for the appeal. The motion setting forth that schedule is attached as Exhibit G.
Power Agency Raises The Same Issues In Its Appeal Of FERC's Order And In The Arbitration Proceedin On May 4, 1989 Power Agency commenced this arbitration proceeding by filing a Notice of Intention to Arbitrate ("the Notice" ). In the Notice, Power Agency has unconditionally sub-mitted to arbitration three issues which it concedes arise from or relate to the 1981 PCA. Power Agency has also conditionally submitted to arbitration seven additional issues which it claims do not arise from or relate to the 1981 PCA, but instead are issues regarding the terms and conditions of an agreement for the Santee Cooper resource which Power Agency claims it is entitled to have resolved by FERC in the first instance pursuant to Sections
6.1(C)(3) and 6.1(E) of the 1981 PCA. Power Agency states in the Notice that if the Court of Appeals agrees with its position, it will withdraw these issues from arbitration.
CP&L believes that the issues conditionally submitted by Power Agency to, arbitration are disputes as to the correct interpretation of the 1981 PCA and are therefore appropriately submitted to arbitration. For example, Power Agency had condi-tionally submitted to arbitration the issue of whether it is entitled to "After-the-Fact Classification of Energy" provided by the Santee Cooper resource, which in effect, would enable Power Agency to elect between taking backstand service from Santee Cooper or CP&L, depending on which service was lower priced on an incremental basis. It is CP&L's position that the 1981 PCA requires Power Agency to purchase its backstand services from CP&L and that Power Agency is not entitled to make such an election.
CP&L believes this dispute arises out of or relates to the 1981 PCA, and should therefore be resolved by arbitration in the first instance, and not by FERC. Power Agency is unwilling to accept the legitimacy of this Arbitration as the forum for resolving this dispute and seeks a ruling in its favor on this issue from the Court of Appeals.
The Same Issues Should Not Be Considered In Different Forums At The Same Time CP&L is prepared and willing to go forward with this arbitration if it is agreed by both parties to be the proper device for resolution of the dispute between CP&L and Power Agency.
Alternatively, it is prepared and willing to litigate in the Court of Appeals as to the correctness of the Commission's order on that issue. However, CP&L is not willing to acquiesce in Power Agency's effort to pursue the same issue simultaneously both in arbitration and before the Court of Appeals.
CP&L submits that it is inefficient and wasteful to arbitrate issues relating to Power Agency's use of Santee Cooper resources in a piecemeal fashion before two different tribunals when, as here, the issues are obviously inter-related and inter-dependent with each other. Accordingly, this arbitration should not proceed until Power Agency has either accepted this forum as the legitimate tribunal for this entire dispute or the Court of Appeals has rendered judgment on the validity of FERC's order referring the matter to arbitration. If Power Agency pursues its In fact, Power Agency is pursuing its claims in five proceedings in four forums. In addition to its D.C. Circuit appeal of FERC's order dismissing Power Agency's complaint against CP&L and this arbitration proceeding, Power Agency has raised the same issues in another proceeding before FERC and in a complaint before the Nuclear Regulatory Commission. In a separate FERC docket established to review a bulk power purchase arrangement between CP&L and Duke Power Company, Power Agency has once again complained to FERC of CP&L's failure to agree to Power Agency's proposed use of Santee Cooper resources. See Power Agency's December 28, 1988 Protest, Motion to Intervene and Request for Suspension and Hearings, In re Duke Power Co. (FERC Docket No. ER89-106-000).
Power Agency has sought yet another forum in which to raise this dispute, having filed with the Nuclear Regulatory Commission on May 5, 1989 an informal antitrust complaint (attaching a copy of its Notice for this pending arbitration) requesting enforcement action against CP&L based on this same proposed use of Santee Cooper resources. Thus, Power Agency has raised this same dispute in five separate proceedings: in two separate dockets before FERC, one in the U.S. Court of Appeals, one before the NRC, and now in this arbitration proceeding.
appeal and the Court of Appeals agrees with Power Agency that Power Agency is entitled to submit the issues conditionally submitted here directly to FERC for resolution in the first instance, this proceeding may be completely unnecessary, or, at the very least, the proceeding will be much more limited in scope. Xf the Court of I
Appeals were to agree with the Commission that all issues, includ-ing both those submitted conditionally and unconditionally to this proceeding, are subject to arbitration, it would be appropriate at that time to proceed with arbitration of all issues.
Notably, the Court of Appeals case is proceeding on an expeditious track. CP&L and Power Agency have agreed to an expedited briefing schedule proposed by FERC staff. Under the proposal, final briefs to the Court of Appeals are due in the first week of January, 1990 and the case will then be ready for oral argument.
Further, if this proceeding continues at this time, there is a risk that this arbitration and simultaneous proceedings before the Court of Appeals or FERC will result in inconsistent and contradictory decisions. For example, using the example stated above, CP&L seeks an Award in these proceedings which would hold that Power Agency cannot use the Santee Cooper resource to displace backstand services provided by CP&L, while, if Power Agency were successful before the Court of Appeals and obtained a remand, Power Agency would seek a ruling from FERC that Power Agency is entitled to "After-the-Fact Classification of Energy" provided by the Santee Cooper resource. While CP&L believes that both tribunals should
rule favorably on its position on the issue and all others, the possibility of inconsistent rulings in the two forums must be recognized. The Arbitrator should exercise his authority to avoid that result.
Cases in which courts have stayed a proceeding pending the outcome of another proceeding support granting a stay here. Zt is well established that "the power to stay proceedings is incidental to the power in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel and for litigants." Landis v. North American Co., 299 U.S. 248, 254 (1936); accord, Watters v. Parrish, 252 N.C.
787, 115 SE.2d 1, 4 (1960); see also Henr v. Stewa t, 203 Kan.
289, 454 P.2d -7, 11 (1969) (rule of comity between courts of concurrent jurisdiction is most beneficial and is bottomed upon the principle of wisdom and justice to prevent vexation, oppression, and harassment, and to eliminate unnecessary litigation in a multiplicity of suits). As noted above, a stay here would prevent unnecessarily duplicative determinations of the issues pending before both this tribunal and the United States Court of Appeals for the District of Columbia Circuit.
Until the Court of Appeals'ecision is rendered, or until Power Agency recognizes the legitimacy of this Arbitration by withdrawing that appeal, neither CP&L or Power Agency can properly plan discovery or otherwise prepare their cases in an efficient and economic manner. Moreover, the possibility exists that all of that expense and effort, including that of the Arbitrator, could be
rendered meaningless and unnecessary. Thus, in order to avoid unnecessary expense and waste of resources in preparation for arbi-tration of issues that may or may not be appropriately submitted in this proceeding, CP&L respectfully submits that all proceedings in this arbitration should be stayed until either the Court of Appeals has ruled on Power Agency's Petition for Review or that appeal is no longer pending for some other reason.
WHEREFORE, for the foregoing reasons, the arbitrator should order that this arbitration proceeding be held in abeyance pending resolution of Power Agency's appeal of FERC's orders dismissing Power Agency's complaint against CP&L or, alternatively, Power Agency's acceptance of this forum as the legitimate tribunal for the resolution of these disputes.
Respectfully submitted, Geor . Avery Lyn S. Mounts Greg ry M. Petrick CADWALADER, WICKERSHAM & AFT 1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036 (202) 862-2200 Of Counsel:
Counsel for Carolina Power &
Richard E. Jones Light Company Mark S. Calvert Adrian N. Wilson Carolina Power & Light Company 411 Fayetteville Street Raleigh, North Carolina 27602 Dated: June 14, 1989 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Motion to Stay the Arbitration Proceeding, this 14th day of June, 1989, by hand before 6:00 p.m. on:
James N. Horwood, Esq.
Gary'ewell, Esq.
Spiegel & McDiarmid Suite 1100 1350 New York Avenue,N.W.
Washington, D.C. 20005-4798 and by Federal Express on:
Michael S. Colo, Esq.
Poyner & Spruill 133 South Franklin Street (27804)
Post Office Drawer 353 Rocky Mount, North Carolina 27802-0353 Lynda S. Mounts CADWALADER, WICKERSHAM & TAFT 1333 New Hampshire Ave., N.W.
Suite 700 Washington, D.C. 20036