ML20024E061
| ML20024E061 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/05/1983 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8308090108 | |
| Download: ML20024E061 (6) | |
Text
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0 08/05/83 6
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CAROLINA POWER AND LIGHT COMPANY AND Docket Nos. 50-400 OL NORTH CAROLINS EASTERN MUNICIPAL 50-401 OL POWER AGENCY (Shearon Harris Nuclear Power Plant,
)
Units 1 and 2)
)
NRC STAFF RESPONSE TO INTERVENOR EDDLEMAN'S CONTENTION 15-AA AND TO HIS FILING CONCERNING THE BALANCING OF THE FIVE FACTORS FOR CONTENTION 15-AA I.
INTRODUCTION Pursuant to the Licensing Board's Order of May 27, 1983, Mr.
Eddleman filed Contention 15-AA on June 30, 1983. By Order dated July 15, 1983, memoralizing a conference call which took place on July 14, 1983, the Board directed Mr. Eddleman to address the five factors with regard to Contention 15-AA by July 29, 1983. Mr. Eddleman has done so.
The Staff is responding to both of Mr. Eddleman's filings regarding Contention 15-AA.
For the reasons set forth below, the Staff raises no 1
objection to admission of Contention 15-AA, and believes that Mr.
Eddleman has appropriately balanced the five factors with regard to this contention.
II. DISCUSSION By Order dated September 22, 1983, the Board admitted that portion of Mr. Eddleman's original Contention 15 which stated that the capacity
'. factor used by the Applicants in their Environmental Report was too high.
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DESIGNATED ORIGINAL Certified By l;
=
Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference) at 42 (September 22,1982).
In that Order the-Board stated f.
that if amendments to the Applicants' Environmental Report showed a change in this capacity factor, new contentions could be filed on that subject.
Id. The Staff in its Draft Environmental Impact Statement (DES) used a capacity factor for purposes of the cost / benefit analysis of 55%. By Order dated May 27,-1583 the Board directed Mr. Eddleman to file any contentions he might have concerning the capacity factor used by the Staff by July.1, 1983. Memorandum and Order (Ruling on Cost Savings Contentions, Discovery Disputes, and Scheduling Matters) at 8 note 8, (May27,1983).1/
On June 30, 1983, Mr. Eddleman filed Contention 15-AA which states:
The Staff has overestimated the operating capacity factor of the Harris nuclear plants in its draft environmental impact statement, thus exaggerating the benefits of this power being produced by nuclear energy, and distorting the NEPA cost-benefit balance at the operating license stage. The Staff also calculated the output at 55% too high even for the design rating.
Contention 15-AA:
Staff Overestimation of Harris Capacity Factor, by WellsEddlemanat1(June 30,1983). The Staff views this contention as an amendment to Mr. Eddleman's original Contention 15. Mr. Eddleman seems to share this view. Wells Eddleman's Filing re Factors and Answer to Staff
-1/
The Board stated that the Staff's 55% capacity factor should be taken as the benchmark, since it is the Staff's Environmental Impact Statement which will be used as the basis for the cost / benefit balance for the Shearon Harris facility. The Board asked the Applicants to file a memorandum stating whether they accepted the Staff's capacity factor for purposes of the cost / benefit analysis, or to file appropriate contentions if they did not. Memorandum and l
Order (Ruling on Cost Savings Contentions, Discovery Disputes, and l
-Scheduling Matters) at 8 note 8, (May 27, 1983). On July 1, 1983, l
Applicants' filed a memorandum accepting the 55% capacity factor for purposes of the cost / benefit analysis.
l
and Applicants re DEIS Contentions and 15AA at 3, (July 29,1983). We believe it supercedes that original contention. The Staff has no objec-t tion to the amendment of the admitted portion of original Contention 15 to accommodate Mr. Eddleman's filing of June 30, 1983.
In addition the Staff believes that the five. factors weigh in favor of the acceptance of Contention 15-AA as an amendment to Contention 15.
- This amendment is based on the Staff's DES, and the information consti-tuting the factual predicate for the contention was not available from other publicly available documents. The amendment was tendered in a timely fashion. The other factors would also weigh in favor of the admis-sion of this contention. For example, this amendment does not broaden the issues in the-proceeding, since Mr. Eddleman has already raised the issue in original Contention 15. The contention does not present-the potential for significant delay in the proceeding.
III. CONCLUSION For the reasons set forth above, the Staff does not object to the amendment to Contention 15 designated by Mr. Eddleman as Contention 15-AA.
l Respectfully submitted, d b kNbb@
Janice E. Moore Counsel for NRC Staff i
Dated at Bethesda, Maryland this 5th day of August, 1983
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3 UNITED. STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
In the Matter of CAROLINA POWER AND LIGHT COMPANY AND Docket Nos. 50-400-OL NORTH CAROLINA EASTERN MUNICIPAL 50-401-OL POWER AGENCY
)
(Shearon Harris Nuclear Power Plant Units 1 and 2)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with 10 C.F.R. 52.713(a), the following information is provide.d:
Name:
Janice E. Moore Address:
U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, DC 20555 Telephone Number:
(301)492-7313 l
Admissions:
District of Columbia Court of Appeals Name of Party:
NRC Staff Respectfully submitted,
~ O MME Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of August, 1983
l
)
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CAROLINA POWER AND LIGHT COMPANY AND Docket Nos. 50-400-OL NORTH CAROLINA EASTERN MUNICIPAL 50-401-OL POWER AGENCY (Shearon Harris Nuclear Power Plant Units 1and2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENOR EDDLEMAN'S CONTENTION 15-AA AND TO HIS FILING CONCERNING THE BALANCING OF THE FIVE FACTORS FOR CONTENTION 15-AA, and a " NOTICE OF APPEARANCE" for Janice E. Moore 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 through deposit in the Nuclear Regulatory Commissions internal mail system, this 5th day of August, 1983.
James L. Kelley, Chairman
- Mr. Travis Payne, Esq.
Administrative Judge 723 W. Johnson St.
Atomic Safety and Licensing Board P.O. Box 12643' U.S. Nuclear Regulatory Comission Raleigh, NC 27605
. Washington, DC 20555 l
Mr. Glenn 0. Bright
- Daniel F. Read, President Administrative Judge CHANGE /ELP Atomic Safety and Licensing Board 5707 Waycross Street U.S. Nuclear Regulatory Commission Raleigh, NC 27606 Washington, DC 20555 i
Dr. James H. Carpenter
- Daniel F. Read Administrative Judge 100-B Stinson St.
Atomic Safety and Licensing Board Chapel Hill, NC 27514 U.S. Nuclear Regulatory Comission Washington, DC 20555 i
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Patricia T. Newman, Co-Coordinator George Jackson, Secretary Slater E. Newman, Co-Coordinator Environmental Law Project Citizens Against Nuclear Power l
School of Law, 064-A 2309 Weymouth Ct.
University of North Carolina Raleigh, NC 27612 Chapel Hil'1, NC 27514
'Ri hc ard D. Wilson, M.D.
729 Hunter St.
Apex, NC 27502
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f Wells Eddleman Dr. Linda Little 718-A Iredell Street Governor's Waste Management Building Durham, NC 27701 513 Albemarle Building 325 North Salisbury Street Raleigh, NC 27611 John Runkle, Executive Coordinator Richard E. Jones, Esq, Conservation Counsel of North Carolina Associate General Counsel 307 Granville Rd.
Carolina Power & Light Company Chapel Hill, NC 27514 P.O. Box 1551 Raleigh, NC 27602 George Trowbridge, Esq.
Atomic Safety and Licensing Board Thomas A.' Baxter, Esq.
Panel
- John H. 0"Neill, Jr., Esq.
U.S. Nuclear Regulatory Conunission Shaw, Pittman, Potts & Trowbridge Washington, DC 20555 1800 M Street, N.W.
Washington, DC 20036 Dr. Phyllis Lotchin Docketing and Service Section*
108 Bridle Run Office of the Secretary Chapel Hill, NC 27514 U.S. Nuclear Regulatory C0mmission Washington, DC 20555 Atomic Safety and Licensing Appeal Ruthanne G. Miller, Esq.
Board Panel *~
Atomic Safety and Licnesing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555*
- ~
Bradley W. Jones, Esq.
Karen E. Long, Esq.
Regional Counsel Staff Attorney USNRC, Region II Publich Staff - NCUC i
101 Marietta St., N.W.
P.O. Box 991 Suite 2900 Raleigh, NC 27602 Atlanta, GA 30303 i
$ b l{[Q. &,
Janice E. Moore i
Counsel for NRC Staff l
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