ML20041E279

Motion for Extension of Time for 30 Days After Receipt of FSAR & Environ Rept to File Contentions.Memorandum Supporting Motion & Certificate of Svc Encl

ML20041E279
Person / Time
Site:	Harris
Issue date:	03/05/1982
From:	Read D AFFILIATION NOT ASSIGNED
To:	NRC COMMISSION (OCM)
References
NUDOCS 8203100319
Download: ML20041E279 (4)

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• C.C ED STATES OP AMERICA U.S. :CTEAR REGULATORY COMMISSIOU

'52 l' 5 -? r? :'S IN THE EATTER CF CAE0 LINA FCUER & ) s-LIGHT COMPAUY n E1 Docket 50,40' [ );x (ShearonHar-f \1v ris nuclear Power Plants)  ! 6' _.

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E0 TION RY THEFOR (CHANGE, CHAPEL EXTENSION HILL AUTI OF TIME NUCLEAR GHCUP EFFORTJu gm rfrf,;ir Q-3 1s xs How comes the CHA?IL HILL AUTI UUCLEAR GROUP EFFORT, herein- 'if yu v af ter referred to as CHANGE, a non-profit citizens' organw jJS.'

ization which has previously filed a petition for leave to .

intervene in the Ebove-captioned docket, which petition, as amended, sufficiently stated an interest in the proceeding to meet the initial requirements for intervention under 10 C.F.R. 2.714 (see Aralicants' Restonse to Petition to Intervene hv CHANGE, p. 2), and MOVES as follows:

1. That copies of the Final Safety Analysis Report and the Environmental Report be furnished CHANGE at its address of P.O. Fox 524, chapel Hill, NC 27514, as previously re-j quested by Amendment to original petition for leave to inter-vene dated and tailed February 25, 1982; 3

2 That such copies as forwarded under paragraph 1 be true, complete, and up-to date copies of the working copies available to Applicants and the Nuclear Regulatory Commission staff; i

3 That CHAFGE be allowed a minimum of thirty (30) days l following receipt of such copies to prepare and submit its contentions in this docket as required by 10 C.F.R. 2.714 E sp cte 1 'c t.ed,

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., President, CHANGE 9

F.O. Box 524 Chapel Hill, NC 27514 //

5 March 1982 8203100319 820305 PDR ADOCK 05000400 _.

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MEMORAH3UM j In Suntort of

:ction by CHANGE fcr Extennion of Tine etc.

CHl.MOS has already demonstrated that it has an ir.:erest at stake in the grant or denial of a license in this docket.

As a. matter of due process of law, CHAUGE therefore has a '

right under the Fifth and Fourteenth Amendments to the United

States Constitution to a full and fair opportunity to con-test the evidence adduced in support of the application for operating license, as well as a full and fair opportunity to a q present its evidence before an impartial fact finder. CEAUGE is based in the Chapel Hill, North Carolina area, approximate- .

ly twenty-five tiles from the Public Docsment Room maintain-I ed in the Vake Ccunty Public Library in Raleigh, North Caro-lina. In addition, the hours of the Wake County Public Lib-rary are such as to hinder members of CHANGE, particularly those members who cust work or attend classes during the week, from obtaining full access to the documents therein. There-1 fore it is only fair and just that CHA"GE be furnished copies of the reports described in the motion. Such access would be meaningless if the copies furnished were out-of-date, and i

therefore CHANGE requests that only true and complete copies j of such reports as currently in use by Applicants and the i

1 URC staff be furnished.

In that it is unlikely that CHANGE, whose resources are limited in comparison to those of Applicants, will be able to devote the kind of record it has taken Applicants years

!, to develop, CHAUSE requests at a minimum thirty extra days i

af ter the receipe cf the reports to prepare its contentiens.

According to the applicable regulations, the purpose of the contentions is tc sharpen the legal issues. CHANGE is confident it has at least one contention which will enable it to be admitted as a party intervenor, but in the spirit of the app-i 3

licable regulaticns would like 'to present all issues it de-sires to have litigated at the outset. Chis is only possible

[ iuht at least thirty days extra time. To deny this motion would be to indicate that the contention process, rather than serving to sharpen the 1eral issues to be litigated, is

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• in fact merel:. a nechanien to keer parties who have an other-wise valid interect in the prceeeding from taking part E.nd receiving a full and fair hearing. This the ::uclear Regul-atory Co ,niscion r.nd the 1.tomic Safe t;. and Licensing Ecard cannot alloa, both as a matter of law under the Atonic Energy Act, h2 U.S.C.A. 2230, and as a catter of policy under the United States Constitution.

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n .r,In, v e. . n O r c s - . . . --n.1vs I hereby certify that a copy of J.CT10 : EY TEE CHAFEL HILL A? I: NUCLEAR GROUF EF. CRT (C: !:GE) FOR E:TE::SIGI: OF TIME ar.d :E::CRANDUM suppcrting same, both dated :: arch 5, 1982, was this day served on the following parties by placing said copy in the United States mail, postage pre-paid, in a U.S. I: ail Depocitory Box, addressed as followr:

Secretary of the Conaission U.S. Nuclear Regulatory Connission ATTN: Dec'/.eting and Service Eranch -

Ueshincten, DC 20555 George F. Truobridge Shaw, Fit:T.an, Fotts, and Trow 5 ridge 1800 I: Street N.U.

ashinctcn, DC 20036 Office Of the Executive Leral Director U.S. Nuclear Regulatory Commission k'achinctcn, D 20555 This day of 1: arch,1982 A

Daniel F. Read 3 I"? G . 3 ;: 7 0~

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