ML19259B418

Motion by Intervenors Conservation Council of Nc & Wake Environ,Inc for Commission to Remand to ASLB the Issue Re Need for Proposed Unit within Time Frame Per Const Permits. Certificate of Svc Encl

ML19259B418
Person / Time
Site:	Harris
Issue date:	01/08/1979
From:	Erwin T ERWIN, T. S.
To:
References
NUDOCS 7902090283
Download: ML19259B418 (5)

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. NRC PUBLIC DOCUMENT ROOM 4% , h UNITED STATES OF AMERICA 2 g Y~ I3 NUCLEAR _ REGULATORY COMMISSION $ pS .: j s *$*W f N .,

In the Matter of Docket Nos. 50-400

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CAROLINA POWER & LIGHT COMPANY ) _

50-403 (Shearon Harris Nuclear Power Plant, Units 1,2,3and4) )

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MOTION TO REMAND TO LICENSING BOARD FOR FURTHER HEARINGS Intervenors, Conservation Council of North Carolina and Wake Environment, Inc., respectfully show unto the Comission the following:

1. The Initial Decision in the above-captioned case was based on projec-tions of need for the power to be produced by the plant which were made over a year ago. See Carolina Power & Light Co. (Shearon Harris Nuclear Power Plant, Units 1, 2, 3, and 4) 7 NRC 92 (1978), affrm'd ALAB-490, 7 NRC (Aug. 23, 1978). Since that time the North Carolina Utilities Comission (NCUC) entered an order on December 28, 1978, formally adopting a 1978 load forecast and capa-city plan for North Carolina. T h t report, entitled Future Electricity Needs for North Carolina: Load Forecast and Capacity Plan 1978, calls for Applicant CP&L's entire construction schedule, including all of the Shearon Harris units, to be delayed at least one year. At a hearing to be held in mid-year 1979, Appli-cant will be " required . . . to show the reasons, if any, why [its] construction schedules should not be delayed to match the Comission's capacity plan." NCUC Report ai 15.

2. The Cornission made the following findings of fact, inter alia:

Conservation and load management activities by the Comission, 7 9 0 2 0 9 0 A f.3

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s the regulated utiliti_es zand the public can significantly impact future growtti rates in peak-load demand. The forecast adopted by the Comission in this report is based on the premise that conservation and load management efforts are not a temporary phenomenon but re-present permanent changes in the attitude of society toward the use of energy. NCUC Report at p.13.

Superior forecasting of the effects of conservation and load management is needed. The Comission is directing the utilities and the Public Staff to present detailed analyses concerning these matters in the 1979 hearings. To allow sufficient time those hearings are being moved to mid-year. NCUC Report, p. 16.

The Comission later states in the body of its forecast and capacity plan the following:

Since the time of the /T9787 hearings, the 1977-1978 winter and 1978 sumer peaks have been established at much lower values than had been predicted. . . . The Commission concludes that, for planning purposes, C. P. & L's load' Pan be expected to grow at an average annual rate of 5.2 %. NCUC Report, p. 21.

The Comission presents in Table A the adopted load growths used in developing its plan for the capacity additions shown in Table B.

Table C shows the percent reserves which will result if these load forecasts and capacity additions are met. The result of these capacity addition plans is to delay the complete construction schedule of CP&L at least one year. . . . CP&L provided no evidence, either economic or operational, to indicate that its present con-struction schedule should not be delayed to match the expected load growth. NCUC Report, p. 22.

. . . CP&L's complete [ construction] schedule is delayed. With regard to CP&L, the Commission feels that the Company has not provided satisfactory evidence concerning the economics of its construction schedule. The Comission will require that the utilities and the Public Staff present to the Comission in its 1979 hearing a full analysis of the present construction schedules and the reasons, if any, that the utilities should not reschedule their construction according to the capacity addition plans adopted herein. NCUC Report, at 26.

It is imperative that generating unit construction be so planned as to be economically deferable in the event that even more significant reductions in load growth can be effdcted."~ NCUC Report, p. 27.

A full copy of the NCUC order and report has been forwarded to the Comission by the Applicant. Apparently all matters relating to this case are pending before t!.e full Comission, except for the previously remanded portion of the proce.eding dealing with the management qualifications of CP&L. Accordingly, 4

Intervenors move the Commission to remand to the Licensing Board the issue as tn whether there is a need for the proposed facility within the time frame set forth in the construction permits and to direct the Licensing Board to take further evidence regarding this issue. Intervenors do so at this time, prior to the raid-1979 NCUC hearings, in order to allow ample time for consideration of the motion and for discovery should the motion be granted. Intervenors further move that the Commission direct the Licensing Board to nake an independent investigation of the issues to be covered in the NCUC mid-1979 hearings.

Respectfully submitted this 8th day of January,1979.

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/ THOMAS' S .ER%IN Attorney for Intervenors Post Office Box 928 Raleigh, North Carolina 27602 Telephone: (919) 834-0779

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UNITED STATES OF AMERICA "

a NUCLEAR REGULATORY COMMISSION  % cp4@+ f Y g #

In the Matter of

) Docket Nos. 50-400 CAROLINA POWER & LIGHT COMPANY ) 50-401

) 50-402 (Shearon Harris Nuclear Power Plant, ) 50-403 Units 1, 2, 3 and 4) )

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CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Motion to Remand To Licensing Board for Further Hearings by mailing the same postage prepaid and addressed to the following:

The Honorable Joseph M. Hendrie The Honorable Victor Gilinsky Chairman Comitsioner U. S. Nuclear Regulatory Ccmission U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Washington, D. C. 20555 The Honorable Richard T. Kennedy The Honorable Peter A. Bradford Con.nissioner Comissioner U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 The Honorable John F. Ahearne Office of the Commission Comissioner U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Washington, D. C. 20555 Mr. Alan S. Rosenthal, Chairman Dr. John H. Buck, Member Atomic Safety & Licensing Appeal Board Atomic Safety & Licensing Appeal Board U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Washington, D. C. 20555 Mr. Michael C. Farrar, Member Ivan W. Smith, Esquire Atomic Safety & Licensing Appeal Board Chairman U. S. Nuclear Regulatory Comission Atomic Safety & Licensing Board Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Glenn 0. Bright Dr. J. V. Leeds, Jr.

Atomic Safety & Licensing Board 10807 Atwell U. S. Nuclear Regulatory Comission Houston, Texas 77096 Washington, D. C. 20555

Dennis P. Myers, Esquire Charles A. Barth, Esquire Associate Attorney General Office of the Executive Legal Director State of North Carolina U. S. Nuclear Regulatory Comission Post Office Box 629 Washington, D. C. 20555 Raleigh, North Carolina 27602 Docketing and Service Section George F. Trowbridge, Esquire Office of the Secretary Shaw, Pittman, Potts & Trowbridge U. S. Nuclear Regulatory Commission 1800 M Street, N.W.

Washington, D. C. Washington, D. C. 20036 Richard E. Jones, Esquire Center Plaza Building Raleigh, North Caroltaa 27602 This i day of .:anuary,1979. ,

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/ THOMAS S. ERWIN

~ Attorney for Intervenors Post Office Box 928 Raleigh, North Carolina 27602 Telephone: (919) 834-0779

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