ML20041F669
| ML20041F669 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 03/12/1982 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8203170284 | |
| Download: ML20041F669 (6) | |
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March 12, 1982 j
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.B? tm 35 p3;;g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD a
In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL
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50-401 OL POWER AGENCY NO. 3
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(Shearon Harris Nuclear Power Plant,
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Units 1 and 2)
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IO APPLICANTS' MOTION FOR THE 5
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ESTABLISHMENT OF A SCHEDULE LEADING
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' t ' c4 The Notice of Receipt of Application for Facility--
Operating Licenses and of the Opportunity for a Hearing on that application was issued on January 15, 1982, and published at 47 Fed. Reg. 3898 (January 27, 1982).
In response to the Notice, nine requests for hearing / petitions for leave to i
l intervene have been filed.
On February 23, 1982, this Atomic l
l Safety and Licensing Board was established to rule on petitions for leave to intervene and/or requests for hearing and to preside over the proceeding in the event that a hearing is ordered.
Pursuant to 10 C.F.R.
S 2.751a, a special prehearing conference will be scheduled in this proceeding in order to:
(1)
Permit identification of the key issues in the proceeding; 3
MO (2)
Take any steps necessary for further U
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identification of the issues;
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. (3)
Consider all intervention petitions I
to allow the presiding officer to make such preliminary or final determination as to the parties to the proceeding, as may be appropriate; and (4)
Establish a schedule for further actions in the proceeding.
Pursuant to 10 C.F.R.
S 2.714(b), "[nlot later than fifteen (15) days prior to the holding of the special prehearing conference pursuant to S 2.751a, the petitioner shall file a supplement to Iis petition to intervene which must include a list of the c ntentions which petitioner seeks to have litigated in the matter, and the bases for each conten-tion set forth with reasonable spec'ificity."
It is Applicants' view that the business of the special prehearing conference might be substantially simpli-fled and the list of contested matters to be brought before the Board for decision might be substantially shortened if a reasonable opportunity were provided for Applicants, the NRC Staff and the nine Petitioners to meet informally in advance of the conference in an effort to reach agreement l
l on disputed party status, consolidation of parties, the admission of proposed contentions for litigation, the con-duct of discovery, an'd the schedule for further actions in the proceeding.
It is not meaningful for the participants to attempt to negotiate these matters until the petitions are supplemented pursuant to section 2.714 (b).
The i
. proposed contentions drafted by the petitioners are essential for a productive discussion of the parties, the schedule, and for the entire job of organizing the proceeding.
Recognizing the number of petitioners in this case, Applicants are of the view that the fifteen-day period between the filing of supplemental petitions and the conference --
provided for in section 2.714 (b) -- would be inadequate for the completion of the time-consuming, yet potentially important and productive negotiations among the participants.
On the other hand, Applicants do not wish to shorten the period Petitioners would otherwise have from receipt of notice that a special prehearing conference is scheduled until the deadline for filing supplemental petitions.
Consequently, Applicants move the Board to issue an order scheduling a special prehearing conference and pro-viding that the supplemental petitions called for by section
- 2. 714 (b) be filed no later than thirty (30) days prior to the date of the conference.
If the Board schedules the conference sufficiently in advance -- Applicants would propose that the conference be held on or about May 18, 1982 -- Petitioners would have ample opportunity to prepare and submit supplemental petitions, yet the
. negotiation process would be given at least some opportunity to proceed thereafter.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
~
George F.
Trowbridge, P.C.
Thomas A.
- Baxter, P.C.
John H. O'Neill, Jr.
Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
March 12, 1982 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL
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50-401 OL POWER AGENCY NO. 3
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(Shearon Harris Nuclear Power Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Applicants' Motion for the Establishment of a Schedule Leading to a Special Prehearing Conference" were served this 12th day of March, 1982, by deposit in the U.S. mail, first class, postage prepaid, upon the following:
James L.
Kelley, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O.
Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. James H. Ca rpenter Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Charles A.
Barth, Esquire Stuart A. Treby, Esquire Marjorie Rothschild, Esquire Office of Executive Legal Director U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
Docketing and Service Section Office of the Secretary U.S.
Nuclear Regulatory Commission Washington,1D.C.
20555 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, North Carolina 27514 Mr. Daniel F. Read 100-B Stinson Street Chapel Hill, North Carolina 27514-Mr. George Jackson, Secretary Environmental Law Project School of Law, 064-A University of North Carolina Chapel Hill, North Carolina 27514 Mr. Daniel F.
Read, President Chapel Hill Anti-Nuclear Group Effort P.O.
Box 524 Chapel Hill, North Carolina 27514 Mr. John Runkle Conservation Council of North Carolina 307 Granville Road Chapel Hill, North Carolina 27514 M. Travis Payne, Esquire Edelstein and Payne P.O.
Box 12643 Raleigh, North Carolina 27605 Dr. Richard D. Wilson 729 Hunter Street Apex, North Carolina 27502 Wells Eddleman 325 E.
Trinity Avenue Durham, North Carolina 27701 Patricia T.
Newman Slater E. Newman Citizens Against Nuclear Power 2309 Weymouth Court Raleigh, North Carolina 27612 Thomas A.
- Baxter, P.C.
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