ML20052H445

Motion for Extension of Time to Respond to Supplemental Petitions to Intervene Until Date Established for NRC Response to Petitions.Petitions Include Approx 300 Proposed Contentions.Certificate of Svc Encl.U

ML20052H445
Person / Time
Site:	Harris
Issue date:	05/18/1982
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8205210063
Download: ML20052H445 (6)

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f " May 18, 1982

'87 P,Y _1 Q n11 *nO UNITED STATES"0F' AMERICA NUCLEAR REGULATORY. COMMISSION e _~

Before the Atomic Safety and Licensing Board In the Matter of )

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CAROLINA POWER & LIGHT COMPANY)

AND NORTH CAROLINA MUNICIPAL ) Docket Nos. 50-400 OL POWER AGENCY NO. 3 ) 50-401 OL

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(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' MOTION FOR EXTENSION OF TIME On April 2, 1982, the Atomic Safety and Licensing Board issued an Order (Scheduling Prehearing Conference and Estab-lishing Certain Filing Deadlines). The Order provided, inter alia, that supplements to petitions to intervene setting forth specific contentions were to be served by May 14, 1982.

Applicants were to respond to the supplements by May 28, 1982, and the Staff's response is to be served by June 5, 1982. A special prehearing conference is scheduled for June 14-15, 1982.

Applicants have now received supplements from the following seven petitioners: Chapel Hill Anti-Nuclear Group Effort, Con-servation Council of North Carolina, Kudzu Alliance, Citizens Against Nuclear Danger, Richard D. Wilson, Phyllis Lotchin and Wells Eddleman. The two other petitioners, Daniel Read and 8205210063 820518 014Y PDR ADOCK 05000400 G PDR V gg/

Environmental Law Project,'have filed motions to consolidate with CHANGE.

In total, the petitioners' supplements include approximately 300 proposed contentions for litigation in this proceeding. The supplemental petition by Mr. Eddleman alone, which is 250 pages in length, includes several motions and other requests for relief, in addition to 153 enumerated " contentions."

The next ten days simply are inadequate for Applicants' counsel and technical personnel to prepare responses to these voluminous supplements. Yet, we strongly feel that complete written responses are essential to the Licensing Board's consid-eration of the supplemental petitions and to an efficient special prehearing conference.

Consequently, Applicants move for an extension of the. time within which they may respond to the supplemental petitions, to the date established for the filing of the NRC Staff's response.

The undersigned has discussed this motion with Mr. Treby, counsel for the Staff, who has authorized me to represent that the Staff has no objection to the proposed simultaneous filing of the Applicants' and Staff's responses.

The date established for the service of the Staff's response--

June 5, 1982--is a Saturday. We assume that this is a typographical error in the Licensing Board's Order, and that the date should be either Friday, June 4, or Monday, June 7. The Staff and Appli-cants, of course, would prefer June 7. Applicants would arrange l

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for hand delivery of their responses to. the Licensing Board on that date, which would be equivalent to or better than mail service on June 4 or 5. We would also undertake to expedite service on the petitioners.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE l w -

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: May 18, 1982

May 18, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY)

AND NORTH CAROLINA MUNICIPAL ) Docket Nos. 50-400.0L POWER AGENCY NO. 3 ) 50-401 OL

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of.the foregoing " Applicants' Motion for Extension of Time" were served this 18th day of May, 1982, by hand delivery to those persons whose names appear below with an asterisk (*) preceding their' names, and by deposit'in the United States mail, postage prepaid, upon all other persons whose names appear below.

• 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

1. S . Nuclear Regulatory Commission bashington, D.C. 20555

• Dr. James H. Carpenter Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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• 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 & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, NC 2~,514 Mr. Daniel F. Read 100-B Stinson Street Caapel Hill, NC 27514 Mr. George Jackson, Secretary Environmental Law Project

, School of Law, 064-A University of North Carolina Chapel Hill, NC 27514 Mr. Daniel F. Read, President Chapel Hill Anti-Nuclear Group Effort Post Office Box 524 Chapel Hill, NC 27514 Mr. John Runkle Conservation Council of North Carolina l 307 Granville Road Chapel Hill, NC 27514 M. Travis Payne, Esquire Edelstein and Payne Post Office Box 12643 Raleigh, NC 27605 Dr. Richard D. Wilson 729 Hunter Street Apex, NC 27502 Mr. Wells Eddleman 718-A Iredell Street Durham, NC 27705 Ms. Patricia T. Newman Mr. Slater E. Newman Citizens Against Nuclear Power 2309 Weymouth Court Raleigh, NC 27612

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2 Richard E. Jones, Esquire Associate General Counsel

. Carolina Power & Light Company

{ Post Office Box 1551 Raleigh, NC 27602 i

l Thomas A. Baxter, P.C.

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