ML19261C523

Applicant'S Response to Intervenors' Motion to Remand And/Or Reopen Record.Urges Denial of Motion Because ASLB Did Not Rely on Rasmussen Rept in Making Its Decision.Certificate of Svc Encl

ML19261C523
Person / Time
Site:	Harris
Issue date:	03/09/1979
From:	Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7903230143
Download: ML19261C523 (5)

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Q D/ / g g -;. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) DOCKET NOS. 50-400, CAROLINA POWER & LIGHT COMPANY ) 50-401, (Shearon Harris Nuclear Power ) 50-402, Plant Units 1, 2, 3, and 4) ) and 50-403 APPLICANT'S RESPONSE TO INTERVENORS' MOTION TO REMAND TO LICENSING BOARD FOR FURTHER HEARINGS AND/OR PETITION TO REOPEN RECORD On February 26, 1979, the Conservation Council of North Carolina and Wake Environment, Inc. (Intervenors) filed a motion with the Nuclear Regulatory Co= mission (Commission) to remand this proceeding to the Licensing Board, or in the alternative, to reopen the case before the Licensing Board for the reception of new contentions relative to the effect of NURIG (CR-0400) (the Lewis Report) upon the Shearon Harris proceeding. The sole basis for the motion is that prior to Initial Decision of the Licensing Board authorizing construction of the Harris units and the Appeal Board affirmance of that decision, the Commission had endorsed WASH-1400 (the Rasmussen Report) and that as a result of the Lewis Report the Commission has since repudiated in part the Rasmussen Report.

As a prelininary matter, Applicant questions Intervenors' assumption, implicit in Intervenors' remand motion, that the Commission has retained jurisdiction of this proceeding on all matters except the remanded issue of CP&L's management capabilities. In response to an earlier motion by Intervenors to remand the proceeding to the Licensing Board for further 23o323oi+3

hearings on the need for power, Applicant strongly suggested that the Commission has allowed the Appeal Board's af firmance of the Licensing Board's decision to become the final action of the agency on-all issues except the issue of CP&L's management capabilities, remanded to the Licensing Board, and the generic issue still under review by the Appeal Board of radon releases associated with uranium ore mill tailings.

(Applicant's Response to Conservation Council of North Carolina and Wake Environment, Inc. 's Motion to Rcmand to Licensing Board for Further Hearings, dated January 31, 1979, at pp. 3-5). Applicant's question as to the scope of the Commission's current jurisdiction is equally applicable to Intervenors' present motion.

In any event, however, Intervenors' requests to remand and reopen the proceeding should be denied on the ground that Intervenors have not established, nor ever :lleged, any connection between the Rasmussen Report and the Licensing Board's decision to authorize construction of the Harris units. None of the evidence and testimony presented by the Applicant or NRC Staff to the Licensing Board concerning the safety of the Harris facility 1

relied on the Rasmussen Report and no reference is made to that report in the Initial Decision. Further, Intervenors fail to draw any connection 1

The NRC Staff did supplement its environmental testimony with the prepared testimony of Dr. R. L. Gotchy comparing on a generic basis the health effects of nuclear and coal fuel cycles and referencing WASH-1400 as the source of di' a for potential accident effects associated with the operation of light-water nuclear power plants. Testimony of Dr. R. L.

Gotchy Tr. 1611. Jr. Gotchy's testimony was not specifically addressed to the Harris units or to the likelihood of accidents in such units.

Further, Dr. Gotchy's testimony expressly noted the controversy and un-certainties associated with the probabilities r ; occurrence of serious accidents as discussed in WASH-1400. Id. p. 6.

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between the limited criticisms by the Lewis Review Group of the methodology employed in ene Rasmussen Report and the basis on which the Licensing Board concluded that there was reasonable assurance that the Harris facility could be built and operated without undue risk to the public health und safety.

Accordingly, Applicant respectfully requests that Intervenors' motion to remand and alternative petition to reopen the proceeding be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TRO'n' BRIDGE

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/ Ge'orge F. Trowbr'idge /

John H. O'Neill, Jr. /

Dated: March 9, 1979 e

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) DOCKET NOS. 50-400, CAROLINA POWER & LIGHT COMPANY ) 50-401, (Shearon Harris Nuclear Power ) 50-402,

' and 50-403 Plant Units ] , 3, and 4) )

SERVICE LIST The Honorable Joseph M. Hendrie Dr. J. V. Leeds Jr.

Chairman 10807 Atwell U.S. Nuclear Regulatory Co= mission Houston, Texas 77096 Washington, D. C. 20555 Dennis P. Myers, Esquire The Honorable Victor Gilinsky Associate Attorney General Commissioner State of North Carolina U.S. Nuclear Regulatory Commission Post Office Box 629 Washington, D. C. 20555 Raleigh, North Carolina 27602 The Honorable Richard T. Kennedy Charles A. Barth, Esquire Commissioner Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D. C. 20555 U.S. Nuclear Regulatasy Commission Washington, D. C. 20555 The Honorable Peter A. Bradford Commissioner Thomas S. Erwin, Esquire U.S. Nuclear Regulatory Commission Post Office box 928 Washington, D. C. 20555 115 West Morgan Street Raleigh, North Carolina 27602 The Honorable John F. Ahearne Commiraioner Docketing and Service Section U.S. Nuc1 car Regulatory Commission Office of the Secretary Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Ivan W. Smith, Esquire Chairman Atomic Safety and Licensing Board U.S. Nuclear Reculatory Co==ission Washington, D. C. 20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Com=ission Washington, D. C. 20555

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) DOCKET NOS. 50-400, CAROLINA POWER & LIGHT COMPAN'l ) 50-401, (Shearon Harris Nuclear Pcwer ) 50-402, Plant Units 1, 2, 3, and 4) ) and 50-4 3 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " APPLICANT'S RESPONSE TO INTERVENORS' MOTION TO REE. FD TO LICENSIi!G BOARD FOR FURTHER HEARINGS AND/OR PETITICN TO REOPEN RECOLD" have been served upon each of the ncrsons listed on the attached service list by mail, postage prepaid, or by hand-delivery, this 9th day of March, 1979. ,

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'JohhhH.'O'Neill, Jr. '

T Dated: March 9, 1979