ML18017B120
| ML18017B120 | |
| Person / Time | |
|---|---|
| Site: | Brunswick, Harris  |
| Issue date: | 05/16/1980 |
| From: | Andrews I HOUSE OF REP. |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML18017B118 | List: |
| References | |
| NUDOCS 8007020217 | |
| Download: ML18017B120 (7) | |
Text
Kongres'tt of tfje %&ifeb &tafe5
@oude of Reyeedentntibed Nasgington, KI.C.
.May 16-l980 Sir:
The attached.
communication is sent for your consideration.
Please investigate the statements contained. therein and. forward me the necessary information for re-ply, returning the enclosed. corre-spondence.with your nswer.
ur ly, 6 AT1QKBws z M
2446 Rayburn HOB Washington, DC 20515
'Kudzu Alliance Box 531 Durham,N.C.
27702 May 12, 1980
@pled<
~~
To Public Officials concerned with the Shearon Harris nuclear plant:
During the past three weeks there have been entirely too many unexplained acci-dents and incidents related to CP&L's nuclear power operations in North Carolina.
.Tuesday May 6, 1980 an 18 year old youth was impaled on a steel reinforcing rod when he fell from a ladder at the construction site of the Shearon Harris nuclear power plant.
Three days later 2 steel cables
- snapped, injuring eight more workers.
Mean-while radioactive equ'ipment from the CP&L Brunswick plant has been discovered at var-ious landfills across eastern North Carolina during the past three weeks.
In 1979 the two reactors at CP&L's Brunswick nuclear plant vere listed as the 6th and 8th worst in the nation by number of reported accidents.
The Brunsvick plant continues'o leak radiation; contamination was found on nearby beaches just this March.
How many more accidents willit take for the proper authorities to seriously question the ability of Carolina Power and Light Co. to safely utilize nuclear power?
Citizens of the Triangle area do not want to be subjected to the hazards and traumas suffered by the residents of Three Mile Island.
Nor can we ignore the injuries and dangers which workers at'the Shearon Harris plant axe experiencing. If CP&L is this negligent in the construction process why should we expect them to be any more careful or safety conscious when operating the plant; CP&L's primary concern seems to be securing rate increases.
Because of these many disturbing problems we are very distressed by CP&L's frequent and exorbitant rate in-
- creases, totaling 21% so far this year which vill be used mainly to finance the con-struction of the Shearon Harris plant.
It is for the above reasons that we urge a complete halt of construction of the Shearon Harris nuclear power plant until these concexns can be thoroughly investigatec and the problems corrected.
The Kudzu Alliance (a coalition of 10 groups and hundreds of individuals)
Box 531 Durham, N.C. 27702 CC:Nuclear Regulatory Commission; N.C. Utilities Commission; NRC Construction Branch; N.C. Radiation Protection Division; Governor James Hunt; Senator Jesse Helms:
Sen.
Robert Morgan; Rep. Ike Andrews; Ralph Nader; Media in N.C.'iQ Citizens Against Shearon Harris Nuclear Power Plant
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CLASSIFIED DATA SPECIAL INSTRUCTIONS OR REMARKS DOCUMENT/COPY NO.
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ASSIGNED TO; DATE CLASSIFICATION CATEGORY Q
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DATE NO LEGAL OBJECTIONS NOTIFY' EDO ADMIN5CORRES BR EXT.
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NO NRC FORM 232 (11-75)
'XEC TIVEDIRECTOR FOR OPERATIONS DO NOT RE/IfOI/E THIS COPY PRINCIPAL CORRESPONDENCE CONTROL
UNITFD STATES OF AMFRICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFFTY AND LICENSING BOARD 12/ Y/79
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 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 Auqust 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 operatinq license stage,"
7 NRC at 109 and 110.
No exception was taken to this findinq by any party at any time.
No exception havinq been taken to this findinq 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 oetitioned the.Licensinq Board to reopen the record to consider the adequacy of evacuation plans.
In these circumstances the Licensinq 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 reconsider 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.,
As indicated in the above cases, the Intervenors may file a petition with the Commission pursuant to 10 CFR 552.202 or 2.206 requesting the initiation of action by the Comoission and the Commission may initiate such action as it
'I 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.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda,
- Maryland, this 11th day of December, 1979.
0
~
UNlTED STATES OF AMERlCA NUCLEAR REGULATORY COtQlSSlON
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ln the Matter of CAROLINA POWER AND LIGHT COMPANY
)
)
(Shearon Harris Nuclear Power Plant.
)
Units 1, 2, 3 and 4)
)
Docket'os.
50-400 50-401 50-402 50-403
CERTIFICATE:OF 'ERVICE I hereby ce'rtify 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 States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 11th day of
'ecember, 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 Atwell 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 Comission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel*
U.S. Nuclear Regulatory Comission Washington, D.C.
20555.
Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Wake County Public Library 104 Fayetteville Street Raleigh, North Carolina 27601
George F. Trowbridge, Esq.
Shaw, Pittman, Potts 8 Trowbridge 1800 H Street, N.W.
Mashington, D.C.
20036 M. David Gordon Associate Attorney General State of North Carolina P.O.
Box 629'aleigh,North Carolina 27602 Charles A. Barth CoUnsel for NRC Staff