ML18230A569

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Applicant'S Response to ALAB-480 Concerning Use of the Perkins Record on the Radon Issue
ML18230A569
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 07/26/1978
From: Trowbridge G
Shaw, Pittman, Potts & Trowbridge
To:
Atomic Safety and Licensing Board Panel
References
Download: ML18230A569 (11)


Text

July 26, 1978 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CAROLINA POWER AND LIGHT Docket Nos. 50-400 COMPANY 401 402 (Shearon Harris Nuclear 403 Power Plant, Units 1, 2, 3 G 4)

APPLICANT'S RESPONSE TO'LAB-480 CONCERNING USE OF THE PERKINS RECORD ON THE RADON ISSUE

1. In ALAB-480* the Appeal Board determined to use the ongoing Perkins** construction permit proceeding as a "lead case" to resolve the radon issue in the above-captioned proceeding.
      • To this end, the Appeal Board charged the NRC Staff with responsibility for serving upon each party to this proceeding copies of the'e'rkins record on the radon issue when that record was closed. Further, it ordered that the record shall be deemed automatically reopened in this pro-ceeding for the receipt of the Perkins record evidence.

PHILADELPHIA ELECTRIC COMPANY (Peach Bottom Atomic Power Station, Units 2 and 3), et 'al., ALAB-480, 7 NRC (May 30, 1978).

    • DUKE POWER CO. (Perkins'uclear Station, Units 1, 2 and 3),

Docket Nos. STN 50-488, 50.-489, 50-490.

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      • ALAB-480 directs the same approach be taken to consider the radon issue in sixteen other proceedings as well.

0 Finally, it directed that within 14 days after receipt of the Perkins evidentiary record, any party to this proceeding might request in writing that the Appeal Board (a) receive additional written evidence on the radon question; (b) call for a further hearing on the Perkins record; or (c) consider objections to any aspect of the P'e'rki'ns radon proceeding.

2. Applicant received a copy of the Perkins record (later corrected in one respect in a subsequent service by the NRC Staff) on July 12, 1978.

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3. Applicant does not request that the Appeal Board receive written evidence on the radon issue nor does it re-quest that further hearings on the radon issue be conducted in this proceeding, nor does it object to any aspect of the Perkins radon proceeding. Xn the event other parties to this proceeding express similar content with use of the Perkins record, Applicant is prepared to submit for the Appeal Board's consideration proposed findings appropriate for disposition of the radon issue- in this case. On the other hand, if one or more of the other parties in this proceeding seeks either to supplement or to strike portions of theerk'ins record for its use- in deciding the radon issue in this proceeding, and if its request is granted, Applicant would expect to be afforded an opportunity to reassess its position and, if

necessary, to present through affidavit, or testimony at a hearing, additional evidence.

4. ALAB-480 also directs that within 14 days following service on the parties by the NRC Staff of the Perkins Licensing Board s initial decision on the radon question, the parties may file a memorandum addressing the appropriateness and utility of that decision's findings and conclusions to decide the radon issue in this proceeding. The'erkins initial decision on radon was served by the NRC on July 24, 1978. As we observed above, assuming none of the parties in this pro-ceeding seeks to modify the'erkins record for use here, Applicant is prepared to provide the Appeal Board with the memorandum on the schedule set out in ALAB-480. ALAB-480 contemplates, however, that the timing of the submittal of this memorandum may depend upon the outcome of any request to supplement, or delete from the Pe'rki'ns record.. ALAB-480 specifically noted that one who makes a request. to supplement may choose to defer submission of the memorandum. Even though Applicant is content. with the'e'rki'ns record, Applicant requests, in the event any party to this proceeding is granted a request. to supplement, or to strike portions of the Perkins record (thereby leaving unsettled the nature of the record on the radon issue), that the time for Applicant and all other parties to this proceeding to provide the memorandum

referred to in ALAB-480 be extended to some later date to be set by the Appeal Board following disposition of requests that the Perkins record be modified for use in this proceeding.

Respectfully submitted, SHAN ~ P ITTMAN~ POTTS 6 TROWBRIDGE By orge . Trowb idge ounsel for Applicant 1800 N Street, N. W.

Washington, D. C. 20036 (202) 3P1-4100 Dated: July 26, 1978

0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CAROLINA POWER AND LIGHT Docket Nos. 50-400 COMPANY 401 402 (Shearon Harris Nuclear 403 Power Plant, Units 1, 2, 3 & 4)

CERTIFICATE 'OF 'SERVICE I hereby certify that copies of the foregoing "Applicant's Response to ALAB-480 Concerning-Use of the Perkins Record on the Radon Issue," dated July 26, 1978, were served by deposit in the United States mail, first class, postage prepaid, this 26th day of July, 1978, to all those on the attached Service List.

Ge ge F. r wbridge Dated: July 26, 1978

e 0 UNITED STATES OF AMERICA NUCLEAR REGULATORY'OMMISSION Before the Atomic Safet and Licensin A eal Board Zn the Matter of CAROLINA POWER AND LIGHT Docket Nos. 50-400 COMPANY 401 402 (Shearon Harris Nuclear 403 Power Plant, Units 1, 2, 3 & 4)

SERVICE LIST Alan S. Rosenthal, Esq., Chairman Charles A. Barth, Esq.

Atomic Safety and Licensing Office of the Executive Legal Appeal Board 'irector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory,Commissi Washington, D.C. 20555 .Washington, D.C. 20555 Dr. John H. Buck Thomas S. Erwin, Esq.

Atomic Safety .and Licensing P.O. Box 928 Appeal Board 115 West Morgan Street U.S. Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D.C., 20555 Michael C. Farrar, Esq. Jesse C. Brake, Esq.

Atomic Safety and Licensing Associate Attorney General Appeal Board State of North Carolina U.S. Nuclear Regulatory Commission P.O. Box 629 Washington, D.C. 20555 Raleigh, NC 27602 Ivan W. Smith, Esq. Docketing and Service Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory U.S., Nuclear Regulatory Commission Commission Washington, D- C. 20555 Washington, D.C. 20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. J. V. Leeds, Jr.

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