ML20028C277
| ML20028C277 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 01/06/1983 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8301070289 | |
| Download: ML20028C277 (5) | |
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I/6/83 UNITED STATES OF AMERICA NUCLEAR REGULATORY COPNISSION BEFORE THE AT0t11C SAFETY AND LICENSING BOARD in the Matter of
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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)
NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR CODIFICATION OF ADMITTED CONTENTIONS
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On December 17, 1982, the A'pplicants; submitted a motion seeking Board
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approval of their codification of contentions admitted to this proceeding.
Attached as Appendix A to the motion is the Applicants' proposed wording of the contentions as they interpret the Board's Memorandum and Order of September 22, 1982. That Board Memorandum set forth its rulings on all proffered contentions. The NRC Staff has examined the Applicants' pro-posed wording of the admitted contentions and concurs that it fairly represents the contentions as admitted in the Board's Memorandum of September 22,198?. with the following exceptions:
CCNC 4 The Applicants', proposed language would delete the entire last sentence of this contention. The Staff agrees that the latter portion of sentence relating to " assurances for safe storage at the expiration of the proposed licensing period" was rejected by the Board (Order at 20).
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However, the first portion of the sentence relates to unanalyzed impacts of fuel storage at Harris, and this aspect of the proposed contention was accepted by the Board. M. Accordingly, the Staff would add to Applicants' proposed language for CCNC 4 at p.5 of the Motion:
Further there has been no analysis of safe storage of irradiated assemblies and other radioactive materials at SHNPP.
Wils0N 1(e), (f1)-(f3)
Applicants assert they have re-typed Dr. Wilson's orginal contention, including the discussion of the Cape Fear River water pumped into the i
Reservoir. However, they have not included I(f4). Applicants have stated that thay do not read the. statement denominated I(f4) as raising an issue different than the two issues cov'ered by Contention 1(e) and ContentionI(f1-3). See Applicants' Obiections and Requests for Clarifi-cation at 3, n.2.
The Staff efould retain all portions of Contention If at this stage of the proceeding. See NRC Staff Response To Memorandum And Order (Reflecting Decision Made Following Prehearing Conference) at 3-4.
Accordingly, the Staff would add to Applicants' proposed language for Wilson 1(e)-(f1 A) at pp. 9-10 of the Motion:
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(f4) Even if their calculations were taken at face value, the 79 cfs flow of Buckhorn Creek is too close to the 53 cfs projected average consumptive water use to not consider the Ca se Fear River to be a frequent source of_ water for tie Main Reservoir.
The Applicant may indeed have had this in mind since the lack of dependence on Cape Fear that was professed in the Environmental Review meeting is not explicitly stated in the written amendments, and section 2.4.2-5 still reads "Buckhorn Creek is not critical to plant operation."
l The practice of a Licensing Board issuing an order setting forth tne wording of the admitted contentions has been followed in the past. See, e.g., Cincinnati Gas and Electric Co. (Wm. H. Zimmer Nuclear Power Station, Unit 1) 15 NRC 1549 at 1618 ff. (1982); United States Department of Energy, et al. (Clinch River Breeder Reactor Plant) 15 NRC 855 at 866 ff.(1982). The Staff's experience is that it is very useful and helpful to all the parties and the Board to have established the precise wording of 5ach contention.
For these reasons, the Staff supports, with the exceptions noted above, Applicants' Motion.
Respectfully submitted, Charles' A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 6th day of January,1983 l
..-_-.__m UNITED STATES OF AMERICA NUCLEAR REGULATORY COPNISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Hatter of CAROLINA POWER AND LIGHT COMPANY AND 1
Docket Nos. 50-400 OL NORTH CAROLINA EASTERN MUNICIPAL
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50-401 OL
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POWER AGENCY (Shearon Harris Nuclear Power Plant, Un'its 1 and 2)
CERTIFICATE OF SERVICE l
I hereby certify that copies of "NRC STAFF 3ESPONSE TO APPLICANTS' MOTION FOR C0DIFICATION OF ADMITTED CONTENTIONS" in tiih 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 Commission's internal mail system, this 6th day of January, 1983:
Mr. Travis Payne, Esq.
l James L. Kelley, Chairman
- Administrative Judge 723 W. Johnson St.
Atomic Safety and Licensing Board P.O. Box 12643 U.S. Nuclear Regulatory Commission.
Raleigh, NC 27605 Washington, DC 20555 Daniel F. Read, President Mr. Glenn 0. Bright
- CHANGE Administrative Judge
.P.O. Box 524 Atomic Safety and Licensing Board
. Chapel Hill, NC 27514 U.S. Nuclear Regulatory Comission Washington, DC 20555 Daniel F. Read 100-B Stinson St.
Dr. James H. Carpenter *
' Chapel Hill, NC 27514 Administrative Judge Atomic Safety and Licensing Board Patricia T. Newman, Co-Coordinator U.S. Nuclear Regulatory Comission Slater E. Newman, Co-Coordinator Washington, DC 20555 Citizens Against Nuclear Power
- 2309 Weynouth Ct.
George Jackson, Secretary Raleigh, NC 27612 Environmental Law Project School of Law, 064-A Richard D. Wilson, M.D.
University of North Carolina 729 Hunter St.
Chapel Hill, NC 27514 Apex, NC 27502
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2-Wells Eddleman Deborah Greenblatt, Esq.
718-A Iredell Street 1634 Crest Road Durham, NC 27701 Raleigh, NC 27606 John Runkle, Executive Coordinator Richard E. ilones, 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 F. Trowbridge, Esq.
Thomas A. Baxter, Esq.
Atomic Safety and Licensing Board John H. O'Neill, Jr., Esq.
Panel
- Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
Washington, DC 20555 Wash'ington, DC 20036 Docketing and Service Section*
Dr. Phyllis Lotchin Office of the Secretary 108 Bridle Run U.S. Nuclear Regulatory Commission Chapel Hill, NC 27514 Washington, DC 20555 Atomic Sefety and Licensing Appeal.
Board' Panel
- U.S. Nuclear Regulatory Commission Washington, DC 20555
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~ C% OY Charles A. Barth Counsel for NRC Staff b
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