ML20023C663
| ML20023C663 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 05/14/1983 |
| From: | Eddleman W EDDLEMAN, W. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8305170528 | |
| Download: ML20023C663 (3) | |
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UNITED STATES OF AMERICA
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1 May 1p8 NUCLEAR REGULA'TRY COMMISSION
,\\*_k,/g 4 77 BEFORE THE A'!OMIC SAFETY AND LICENSING BOAND Glenn O. Bright Dr. James H. Carpenter Janes L. Kelley, Chairman In the Matter of
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Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al.
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50 401 OL (Shearon Harris Nuclear Power Plant,
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Units 1 armi 2)
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ASLBP No. 82-b68-01
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OL Sunnlenent re contentions 150-160, and 161 re 5 factors for late-filing of contentions by Wells Eddlenan A.
I consider that contentions 150 thronFh 161 are based on previously unavailable information and therefore a.balancinF of the 5 ractors of 10 CFR 2.71h(a)(1) is not veo.uired for then.
But in case the issue is raised, I address below for contentions 150-160 (Site Emergency Dlan) and 161 (DS-h16 vital shutdown circuit breakers) the 5 factors thereof.
If any party desires, I have no objection to extending the deadline fer renly to those filings (May 2 and May 7,1983 resnectively, for 150-160, and 161) to 19 days from the da te of service of this supplement, nrovided this sunplement would affect that narty's resnonse.
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For f actor (1), the good cause fcr failure to file 08 m
"on time" (5-lh-82) is that the docunentary basis of both contentions mg 150-160 inclusive, and of contentions 161, was not then available, oo CQ Both sets of contentions were' filed within 30 days af te= the c
relevant documents cane into ny hands.
(ii) Since only a contention can lead to.c hearinF en these issues, for both sets of contentions (150-160, and 161),
there are no other neans whereby ny interest in the natters at issue in those contentions can be protected.
No other party has yet raised these issues.
App _licants and N9C Staff have not stipulated these issues to be litigable herein, as of yet.
The contentions are thus the only means to protect ny interests in these matters in this proceeding.
(iii)
If the contentions are not admitted, there will be no record concerning site energency planning, and we the DS-h16 circuit breakers which are necessary to plant saf e shutdown under automatic control.
No record is not a sound record.
By nartici-pation on the se issues, then, I can assist in develoning a sound record by assuring that these imnortant issues are heard.
In addition, I have the ability to examine, cross-exanine, and nake inquiry into these is sues, which will assist in developing a sound reco-d.
I may be able to secure or subpoena exnert witnesses on these issues (both sets, 150-160, and 161).
All this will heln develop a sound record on energency planning and the ability of the plant to automatically shut down reliably (avoid ATWS), which NRC has recognized (both) as inoortant issues in nuclear licensing and nuclear safety.
(iv)
As noted under (ii) above, no existinF narties are renresenting my interest in any of these natters, at all.
(v)
Fnergency n1anning issues have been raised by ne and others from the beginning of this nroceeding.
Including the ATNS issue of contention 161 will broaden the issues, but the issue of niant safety against severe accidents, such as failure of the DS-h16 circuit breakers sinultaneously could cause or centribute to, is vital to nrotection of the nublic health and safety.
Admission of any or all of these contentions cannot delay the nroceeding, since discovery on safety and emergenc canability does not begin until 19dh. y n lanning and manaFenent
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Cr UNITED STATSS OF AMERICA i
NUCLEAR REGULATOPY COMMISSION In the matter of CAROLHA POWE". k LIGHT CO. Et al. )
Dockets 50-h00 l
Shearon Harris Nuclear Power Plant. Units 1 and 2
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and 50kh01 0.I.
CERTIFICATEOF SE*RVICE i
Supplement _re content'er s 150-160 I hereby certify that copies of and 161 re 5 factors f or late-filing of contention s, hv W.E.
k day of h 6t4A
- 198, by deposit in HAVE been served this i
the US h il, first-class postage prepaid, upon all parties whose names are listed below, except those whose names are arked with an asterisk, for whom service was acconplished by Judges James Kelley, Glenn Bright and James Carpenter (1 copy each)
Atomic Safety and Licensing Board US Nuclear Regulatory Commission Washington DC 20555 George F. Trowbridge (attorney for Aeplicants)
Shaw, Pittman, Potts & Trowbridge R.uthanne G. Miller 1800 M St. NW ASLB Panel Washington, DC 20036 USNRC Washington DC 2C55 5 Office of the Executive Legal Director Ph7111s Lotchin, Ph.D.
Attn Docke ts 50-400/401 0.L.
106 Bridle Run Washington DC 20555 NC 1751h USNRC Chanel Hill Dan Read Docketing end Service Section (3x)
CHANGE /FLP Attn Docke ts 50-k00/h01 0.L.
Box 52h Office of the Secretary Chapel Hill NC 2751h USNBC Washington DC 20555 John Runkle Karen E. Lons CCNC Public Staff Atty 307 Granville Rd Box 991 Chapel Hill Ne 2751h saleigh, Nc 27602 Bradley W. Jones USNRC Region II
~Travi.a Payne 101 Marietta St.
Edelstein & Payne Atlanta GA 30303 Box 126h3 Raleigh NC 27605 Richard Wilson, M.D.
Certified by 729 Hunter St.
Apex NC 27502
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