ML18017A516

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NRC Motion to Accept Exhibits Into Evidence Re Mgt Capability of Applicant to Const & Operate Proposed Facility.Certificate of Svc Encl
ML18017A516
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 03/30/1979
From: Barth C
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7905230829
Download: ML18017A516 (9)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING 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 NRC STAFF MOTION TO ACCEPT EXHIBITS INTO EVIDENCE In reviewing the transcript of the recent hearing held in Raleigh, North Carolina on the management capability of Applicant to construct and operate the proposed facility, it has come to our attention that certain Staff exhibits intended as evidence were marked for identification only and not formally received in evidence.

In order that the record (5 U.S.C. 5556(e))

be complete,= the Staff hereby moves the Licensing Board to accept into evidence the Staff exhibits identified below.

Staff Exhibit 12 Computer Printout Summary of Inspections at Robinson, Brunswick and Shearon Harris Facilities, July 1975 through August 1978, marked for identification only Tr. 2179.

Staff Exhibit 13 Computer Printout Summary of Licensee Event Reports at Robinson and Brunswick Facilities, 1969 to October 1, 1978, marked for identification only Tr. 2179.

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Staff Exhibit 14 NRC - CP&L correspondence regarding the civil penalty assessed in

1975, marked for identification only Tr. 2179.

Staff Exhibit 16 Chronology of operations inspections Brunswick Units 1

and 2 1976-1978, marked for identification only Tr. 2497 (cited as "Staff Exhibit 16").

Staff Exhibit 19 Letter from H.

R. Banks, CP&L Manager - Nuclear Generation, to J.

P. O'Reilly, Director NRC I&E Region II, cated September 20,

1978, regarding CP&L's response to an infraction identified in I&E Inspection Report 50-324/78-17, 50-325/78-17, marked for identification only Tr. 3243 (cited as "Staff Exhibit 19").

Staff Exhibit 20 Letter from B. J. Furr, CP&L Manager - Generation Department, to J.

P. O'Rei lly, Director NRC I&E Region II, dated August 18, 1978, regarding CP&L's response to an infraction identified in I&E Inspection Report 50-324/78-15, 50-325/78-15, marked for identification only Tr. 3243.

Respectfully submitted, Dated at Bethesda, Maryland this 30th day of March, 1979 Charles A. Barth Counsel for NRC Staff

UNITED QTATEQ QF AMERICA NUCLEAR REGULATQRY COYiHZSSION

'BEFORE THE ATOMIC SAFETY'AND LICENSING BOARD In the Matter oj CAROLINA POWER AND LI'GHT 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 tha't copies of "NRC STAFF MOTION TO ACCEPT EXHIBITS INTO EVIDENCE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 30th day of March, 1979:

Ivan W. Smith, Esq.,

Chairman*

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 Atwel 1 Drive

Houston, Texas 77096 Richard E. Jones, Esq.

Associate General Counsel Carolina Power 8 Light Company 336 Fayetteville Street Raleigh, North Carolina 27602 Thomas Erwin, Esq.

115 West Morgan Street

Raleigh, North Carolina 27602 Atomic Safety and Licensing Appeal Board*

U.S. Nuclear Regulatory Coranission Washington, D.C.

20555 Atomic Safety and Licensing Board Panel*

U.S. Nuclear Regulatory Cormission Washington, D.C.

20555 Docketing and Service Section*

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. '0555 Wa ke County Pub 1 ic Library 104 Fayettevil le Street Ra 1 ei gh, North Carol ina 27601

George F. Trowbridge, Esq.

Shaw, Pittman, Potts 5 Trowbridge 1800 H Street, N.H.

Hashington, D.C.

20036 Dennis P.

t1yers Attorney General's Office State of North Carolina P. 0.

Box 629 Raleigh, North Carolina 27602 Charles A. Barth Counsel for NRC Staff

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'NITEDSTATES NUCLEAR REGULATORYCOMMIS~

WASHINGTON, D. C. 20555 MN 2g 878 Docket Nos. 50-400 50-401 50-402 50-40.3 The Honorable Ike Andrews United States House of Representatives Washington, D.C.

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Dear Congressman Andrews:

This responds to your request of March 5, 1979 that we provide you with necessary information to respond to a communication from

'Mr. Wells Eddleman regarding the NRC public hearing held in Raleigh, North Carolina,.from I'ebruary 27 to March 8, 1979 dealing with the technical capability of the Carolina Power and Light Company to design, construct and operate the company's proposed Shearon Harris Nuclear Power Plant, The public hearing was held in Raleigh, North Carolina, which is some 15 to 20 miles from the site of the proposed plant, because of its con-venience to interested members of the public and because suitable accommodations for the hearing were available.

This is in accordance with established Commission policy that hearings be scheduled in the vicinity of proposed plant sites.

/'ontrary to Mr. Eddleman's statement, there is no Commission policy or regulation that requires that an NRC hearing be held "at night or on weekends 'whenever possible.'"

In fact, most NRC hearings are scheduled during normal working hours.

There are occasions,

however, when for the convenience of the public a session of a hearing will be held in an evening or on a weekend.

This determination is left to the dis-cretion of the presiding Atomic Safety and Licensing Board.

At the hearing in Raleigh, the presiding Board considered Mr. Eddleman's request for night sessions but determined not to schedule such sessions.

Ike Andrews 2"

As to Mr. Fddleman's assertion that the presiding Board refused to allow public statements at the hearing, that is incorrect.

The Board permitted members of the public to submit written statements for the record.

Furthermore, Mr. Hddleman was permitted to make an oral statement at the hearing and was invited by the Board to join counsel for the State of North Carolina.and the intervenors and to advise them regarding the issues to be. heard.

Both counsel accepted his assistance and he assisted them during the eou&se of the hearing.

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If you desire additjenal information, please contact me.

Si neer el y, yigned) T, A Behind

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(~',3..iee V. Gossick Executive Director for Operations

~ C UNITED STATES OF A~IiRICA NUCLEAR REGULATORY CO:KISSION In the Hatter of CB.ROLIRA jghearon Q nl

)

POWER AND LIGHT CO~iPANY

)

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-;arris N c'ear Power

)

Un ts 1, 2, 3, and4)

Docket Xo.(s) 50-400 50-401 50-'02 50-403 CERTIFICATE OF SER".ICE I hereby, certify that I have this day servec the roregoing document(s)~

upon each person designated on the official service'list compiled by the Office of the Secretary of the Corr~ission in this proceeding in accordance with the requirenents of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Co.-;=.ission's Rules and Regulations.

Dated at Pashington, D.C. this

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day of

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197 P Offic f the Secretary of the go-.. ~iss ion Sc'MG rn, c<-g< gag M/M.5/7g (g (6</~ice d'Cg g/gq/qy

UNITED STATES OF -AMERICA

'NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

~ CAROLINA POWER AD LIGHT COMPAK )

)

(Shearon-Harris Nuclear Paver

)

Plants, Units 1-4)

)

)

Docket No. (s) 50-400 50-501

~ 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 ÃRC 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. 'iuclear Regulatory Commission Washington,'.C.

20555 Dr. John H.

Buck'tomic 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 2P602 Dennis P. Myers, Esq.

Attorney General's Office P.O.

Box 629

Raleigh, North Carolina 27602 Mr. 0.

Gene Abston, Acting Director Office of Inspector and Auditor U.S. Nuclear Regulatory Commission Washington, D.C; 20555 Mr. Wells Eddleman Route 1, Box 183 Durham, North Carolina 27705 Kudzu Alliance Box 3036 Cnapel Hill, North Carolina 27514