ML20053E563
| ML20053E563 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 06/04/1982 |
| From: | Bright G, Carpenter J, Kelley J Atomic Safety and Licensing Board Panel |
| To: | CAROLINA POWER & LIGHT CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8206090023 | |
| Download: ML20053E563 (7) | |
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t UNITED STATES OF AMERICA e NUCLEARREGULATORYCOMMISSION) 7p ATOMIC SAFETY AND LICENSING BOARD N
BEFORE ADMINISTRATIVE JUDGES Glenn 0. Bright Dr. James H. Carpenter James L. Kelley, Chairman BBlVE:. JUti 071 sat
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)
In the Matter of CAROLINA POWER & LIGHT COMPANY
)
Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL POWER
)
50-401 OL AGENCY NO. 3
)
)
(Shearon Harris Nuclear Power Plant,
)
Units 1 and 2)
June 4, 1982 ORDER (Setting New Date for_Prehearing Conference and for Related Filings)
Introduction.
The Board, counsel for the Applicants and the NRC Staff, and representatives of most* of the Petitioners for Intervention in this proceeding participated in a lengthy telephone conference call on June 3, 1982. The principal subject for discussion was whether the prehearing conference presently scheduled for June 14-15, 1982 should be postponed, as requested in a motion filed by the Conservation Council of The Board was unable to reach Messrs. Read or Jackson, representatives of Chapel Hill Anti-Nuclear Group Effort (CHANGE) and Environmental Law Project (ELP), or Mr. Payne, counsel for the. Kudzu l
Alliance. Representatives of the remaining Petitioners for Intervention participated in the call.
No3 l
r206090023 820604 PDR ADOCK 05000400 0
, North Carolina (CCNC). Notwithstanding the Board's initial disinclination to postpone the prehearlng conference, virtually all of the other participants expressed support for a postponement of some duration. The Staff favored a conference date in early July, two-to-three weeks following the time to be set for filing of its responses to the contentions.
The Applicants favored a somewhat earlier date, about two weeks af ter the Staff's filing. For their part, most of the Petitio'ters f avored a somewhat later date, about four weeks af ter the Staff's filing.
New Hearing Date. The Board has decided to postpone the beginning of the prehearing conference from June 14, 1982 until Tuesday, July 13, 1982.
We believe that this date represents a reasonable accommodation of the parties' differing preferences, and allows enough time for the Petitioners to review the positions of the Applicants and the Staff and for prior informal discussion of contentions. The place previously designated for l
the prehearing conference is not available for July 13.
The exact time and place for the conference will be announced later by Order and by press release.
Applicant and Staff Response Dates. On the basis of the new July 13 prehearing date, the Applicants' responses previously due on June 7,1982, are now due on June 15, 1982. The Staff's responses are due by June 22, 1982.
Service of these responses shall be by express mail or an equivalent l
l form of next-day service.
Petitioner Replies _.
Petitioners for Intervention may wish to file a l
written reply to parts of the Applicants' or Staff's responses.
Such replies are permitted, but not required.
They may be served at the prehearing conference. However, Petitioners will have an opportunity to L
state their positions on the record at the prehearing conference. The Board suggests that Petitioners who are considering filing some reply to the Applicants and/or the Staff wait until af ter the conference and review the conference transcript to determine if a reply is necessary. The Board will then grant requests for a reasonable time to reply.
Time for Presentations.
We tentatively plan at least two full aays 1
for the conference. Most of the tin:e -- 10 to 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> -- will be devoted to discussion of contentions, with comments by the Petitioners, Staff and Applicants, interspersed with questions by the Board.
We will tentatively divide that time, at the outset, about equally among the petitioning individuals and groups, and set an order of presentation. This means that about 1 1/2 hours will be initially set aside to discuss each set of contentions. The Board probably can cover sets of 20 or fewer contentions in that time. However, it will not be possible to have meaningful oral discussion of each contention filed by Petitioners Eddleman and CHANCE /ELP, who have filed 135 and 79 contentions, respectively. Accordingly, Mr.
Eddleman and CHANGE /ELP are directed to serve on the Board, Applicants, Staff and other petitioners by June 21, 1982 a list of the 20 contentions among their previously filed contentions which they believe most warrant oral discussion at the prehearing conference and/or are their most important contentions, based upon the information presently available to them. Contentions we do not reach for oral discussion will be considered on the basis of written submissions, with the Board calling for more information, if necessary.
Proposed Agendas.
Proposed agendas are requested but not required.
They should La mailed to the Board by July 6,1982.
. Contentions by Citizens Against Nuclear Power (CANP).
CANP did not receive a timely copy of the Board's Order of April 2,1982.
Pursuant to the discussion of this matter in the telephone conference, CANP may file contentions on or before June 30, 1982.
CANP may simply endorse contentions of other petitioners by cross-reference (e.g., "CANP endorses Eddleman Contention No. 50") or they may advance new contentions.
Specificity in Conte,itions and Available Information.
We discussed on the telephone the question whether a petitioner for intervention is required to put forward all of his contentions at this prehearing conference stage, including the " bases for each contention set forth with reasonable specificity" referred to in section 2.714(b) of the NRC Rules of Practice.
The issue becomes significant where certain Staff and Applicant documents -- such as emergency plans -- are not yet available. This issue is currently being litigated in the Catawba proceeding, where the Boaro held that specific contentions do not have to be advanced before the relevant documents are available.
The Catawba Board further held that when such documents do become available, contentions put forward by an intervenor promptly thereafter would not be subject to the admissibility criteria otherwise applicable to late contentions.
Both the Applicants and the Staff in Catabwa disagrae with these Licensing Board rulings; they have sought reconsideration by the Board and, failing that, certification to the Appeal Board. The issue will probably be~ certified to the Appeal Board in the near future.
We mention the matter here because the same issue will probably arise in the Shearon Harris prehearing conference.
In order to give the Petitioners a grasp of this
. problem -- whatever the ultimate resolution of it may be -- we are placing in the Public Document Rooms in Raleigh and Chapel Hill copies of the Catawba Board's decision and the Applicants' and Staff's pending requests for reconsideration.
Service of Documents. A question was raised about the extent of a Petitioner to Irtervene's obligation to serve their documents for filing on others.
This service obligation is imposed by section 2.701(b), a copy of rhich is attached.
The present effect of this provision is to require Petitioners to serve five copies of each document, as follows: one copy on each member of the Board and on counsel for the Applicants and the Staff.
In addition, section 2.708, copy attached, requires you to serve three copies on the Secretary of the Commission. After a Petitioner is admitted as a party to the proceeding, he or she must also serve copies of their documents on other Intervenor parties.
FOR THE ATOMIC SAFETY AND LICENSING BOARD ab O. &$/7
(
g Glenn 0. Bright
/
ADMINISTRATIVE JUDGE A thW James H. Carpenter V LN,.
ADMINISTRATIVE JUDGE W,.n.
/JAes L. Kelley, Chairma!
WDMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this 4th day of June, 1982
s 2.704 ChcP cr I-Nuclear l'eguictory Con mission Title 10-Energy l
Board. Commission shall be deemed to be a
- uomic Safety and Licensing.pon its own initiative or upon motion No limited work authorization part.
may be issued pursuant to i 50.10(e) of (c) Filing by mail or telegram wih be Part 50 of this chapter and no con.
O a party to the proceeding finds deemed to be complete as of the time struction permit may be issued with-ht there exists significant new infor-of deposit in the mail or with a tele-
[a.ation that substantially affects the completion of the tull review re.
- rlier conclusions and reopens the graph company.
out t
quired by section 102(2) of the Nation-waring record on site suitability 127 FH 377. Jan.13.1962. as anu nded at 29 al I'nuronmental Policy Act of 1969 as amended. and Part 51 of this chap-
. rues. Upon good cause shown. the FH 12830. sept.11.1964. 33 F;t 6708. May 2.
ter. The authority of the Commission ammission may extend the five year 19c,8. 39 FR 35332. Oct.1.19741 a
[s riod during which a partial decisionhall remain in effect for a reas a
and/or Appeal Board to review such a
- 2.702 Docket.
partial initial decision sua sponte. or to raise sua sponte an issue that has piricd of time not to exceed one year-The Secretary will maintain a ducket a
for each proceeding subject to this y
not been raised by the parties, will be part. commencing with the iss iance of t
eurcised within the same time period Subpart G-f!ufes of General the initial notice of hcaring, notice of as in the case of a full decision relat-Applicability consideration of issuance of facility y
ing to the issuance of a construction operating license or other proposed y
a 7no bpe nf >ubpart*
action specified in i 2.105 or order to U"
y (b) (1) A partial decision on one or The general rules in this subpart show cause. The Secretary will main-more site suitability issues pursuant to govern procedure in all adjudications tain all files and records. including the the applicable provisions of Parts 50.
- d
- 51. and 100 of this chapter issued in mitiated by the issuance of an order to transcripts of testimony and exhibits n
and all papers correspondence, deci-
>1 accordance with this subpart shall (h
,how cause. an order pursuant to
- 2.205(e), a notice of hearing, a notice sions and orders filed or issued.
clearly identify the site to which the of proposed action issued pursuant to 129 FR 12830. Sept.11,1964. as amended at Tt partial decision applies and.(li) indi-It cate to what extent addtional inform 3-12.105. or a notice issued pursuant to 37 FR 28711. Dec. 29.19721 ard tion may be needed and additional 12.102(d f(3).
s 2.703 Notsce of hearing.
review may be required to enable the 139 m 17972. May 22.19741 re Commission to determine in accord-(a) In a proceeding in which the In terms of a notice of hearing are not it-ance with the provisions of the Act
" "* E"P*." ' -
it-and the applicable provisions of the Consistent with due process require-otnerwise prescribed by this part. the regulations in this chapter whether a ments the Commission may provide al.
order or notice of hearing will state:
a-(1) The nature of the hearing, and construction permit for a facility to be tornative procedures in adjudications its time and place, or a statement that as located on the site identified in the i
to the extent that there is insolved the time and place will be fixed by er partial decision should be issued or the conduct of military or foreign af-
.a-subsequent order denied.
fairs functions, (2) Following completion of Commis-an sien or Atomic Safety and Licensing isec.161p. Pub. L 83-703, 68 Stat. 948 (42 tion under which the hearing is to be cr Appeal Board review, as appropriate.
L'.S C. 2291pt 5 U.S.C. 554. Pub. L 89-554, held; be(i) of the partial initial decision of the sept. 6,1966. 80 Stat. 384 )
(3) The matters of fact and law as-IY Atomic Safety and Licensing Board.
to m 0254. July 3.19801 serted or to be considered; and af ter hearing, on the site suitability 4 2.701 Filing of documents' shall be filed.
ssues. tne partial decision shall i he (b) The time and place of hearing remain in effect either for a period of (a) Documents shall be filed with will be fixed with due regard for the or five years or, where the applicant for the Commission in adjudications sub.
convenience of the parties or their m-es.
the construction permit has made ject to this part either- (1) By delivery he timely submittal of the information to the Public Document Room at 1717 representatives, the nature of the pro.
Of required to support the application as H Street NW., Washington, D.C.. or ceeding, and the public interest.
provided in i 2.101(a-1), until the pro.
(2) by mail or telegram addressed to A 2.704 Designat,on of pre *iding officer, i
ceeding for a permit to construct a fa.
the Secretary. U.S. Nuclear Regula.
du.gualification. uoavailability.
cility on the site identified in the par-tory Commission. Washington. D.C.
tial decision has been concluded. '
20555. Attention: Chief, Docketing and (a) The Commission may provide in the notice of hearing that one or more unkss the Commission. Atomic Safety
- Service Section.
l (b) All documents offered for filing members of the Commission. or an 55-snd Licensing Appeal Board, or atomic safety and licensing board, or a l yhall be accompanied by proof of serv-named officer who has been delegated (a) aci"
'The partial decision on site suitability i tce upon all parties to the proceeding final authority in the matter, shall his issues shall be incorporsted in the decision
[ or their attorneys of record as re.
Preside. If the Commission does not so not regarding issuance of a construction permit t.uired by law or by rule or order of 5,rovide, the Chairman of the Atomic ton to the extent that it serves as a basis for the the Commission. The staff of the u b-decision on a specific site issue (s).
65 64
l
- s.,
{ 2.708 Chop er 1-Nuclear Regulatory Commission Title 10-Energy t
dng board member to participate eth or affirmation of reasons why ed or otherwise reproduced in perma-
- he decision; he proposed order or action should nent form on good tmglazed paper of
) The Commission may direct that hot be issued or should differ from standard letterhead size. Each page record be certified to it for deej.
- bat proposed. Such a statement. If ac-shall begin not less than one and one-
- n. e> rept in adjudications in which a pted. will be accorded whatever quarter inches from the top. with side ceptions to the initial dect.<fon may night is deemed proper, and bottom margins of not less than one and une-quarter inches. Text shall taken to the Atomic Safety and Li.
e ;*.;o6 Iteply.
be double spaced except that quota-
.ving Appeal Board; or
- 3) The Commission may designate A party may file a reply to an tions may be single-spaced and indent-
-nswer within ten (10) days after it is ed. The requirements of this para-
.other presiding officer.
e) In the event of substitution of a
.% rved.
graph do not apply to original docu-ments or admi.4sible copies offered as
?we.161. Pub. L.83-703. 68 Stat. 948 (42 exhibits, or to specially prepared ex-
, niding officer or a designated g c. 2201); sec. 201. as amended. Pub. L.
mber of an atomic safety and 11 asing board for the one originall>
w 438, 88 Stat.1243. Pub. L. 94-79. 89 Stat.
hibits.
signated. any motion predicated 413 t 42 U.S.C. 5841 H (c) The original of each document
>on tre substitution shall be made g7 FR 377. Jan.13.1962, as amended at 43 shall be signed in ink by the party or
.t hin five (5) days thereafter.
yn 17801. Apr. 26,19781 his atuhorized representative, or by an attorney having authority with re-7 FR 377. Jan.13.1962. as amended at 31
= 2.797 Default.
spect to it. The capacity of the person l t 1G310. Dec. 21.1966. 35 FR 11459. Jub On failure of a party to file an signing, his address, and the date shall 1970: 35 FR 12649. Aug. 8.1970: 4G FR answer or pleading within the time be stated. The signature of a person
, g96. Nov. 7.1975; so FR 53379. Nov.18.
escribed in thb part or as specified signing in a representative capacity is in the notice of hearing or pleading; to a representation that the document appear at a hearing or prehearing con.
has been subscribed in the capacity
.M
't na er~
ference, to comply with any prehear.
ta) Within twenty (20) days after ing order entered pursuant to i 2.751a specified with full authority, that he has read it and knows the contents.
rvice of the notice of hearing. or or i 2.752, or to comply with any dis.
- ich cther time as may be specified in covery order entered by the presiding that to the best of his knowledge, in-
. le notice of hearing. a party may file officer pursuant to f 2.740 the Com-formation, and belief the statements
, i answer which shall concisely state:
mission or the presiding officer' may made in it are true and that it is not i The naiure of his defense or other make such orders in regard to the fa!!- interposed for delay. If a document is
- aition;(2) the items of the specifica.
ure as are just. Including, among not signed, or is signed with intent to
, on of issues he controverts and those others, the following:
defeat the purpose of this section. It e does not controvert; and (3) wheth-(a) Without further notice, find the may be stricken.
'* he proposes to appear and present facts as to the matters regarding (d) Except as otherwise provided by
- ridence, which the order was made in accord-this part or by order, a pleading (or
, ib) If facts are alleged in the specifi-ance with the claim of the party ob-other document) other than corre-l stion of issues, the answer shall taining the order, and enter such spondence shall be filed in an original l.imit or deny specifically each materi-order as may be appropriate; or and two conformed copies.
' I allegation of fact; or, where the (b) Proceed without further notice (e) The first document filed by any arty has no knowledge or informa-to take proof on the issues specified.
person in a proceeding shall designate 137 FR 15131. July 28,19721 the name and address of a person on
, wer a so state a the st me I rquirements for docu.
f) A d cument il d b telegraph a 1 egations of fac not e d s a1
'"t' need not comply with the formal re-
, e deemed to be admitted. Matters al.
(a) Each document filed in an adju-quirements of paragraphs (b). (c), and l 'ged as affirmative defenses or post-dication subject to this part to which a (d) of this section if an original and (ions shall be separately stated and docket number has been assigned shall copies otherwise complying with a!! of lJentified and, in the absence of a bear the docket number and title of the requirements of this section are
' eply shall be deemed to be contro-the proceeding.
mailed within two (2) days thereafter erted.
(b) Each document shall be bound to the Secretary U.S. Nuclear Regula-
<c) If n party does not oppose an n the left side and typewritten, print-tory Commission. Washington. D.C.
( rder or proposed action embodied in 20555. Atternion: Chief. Docketing and I ir accompanying the notice of hear.
lWhen a reference is made to the Com-Service Section.
l ng. or does not wish to appear and nussi n r the presiding officer in this sub-l wesent eridence at the hearing, the part and a presiding offleer has been desig.
[27 FR 377. Jan.13.1962, as amended at 28 linswer shall so state. In lieu of ap-nated. the specified action will be taken by FR 10153. Sept.17.1963: 33 FR 6708 May 5.
Jearmg at the hearing, a party may the presiding officer. unless otherwise pro-1968: 39 FR 35332. Oct.1.1974 45 PR 49537.
July 25,19801 l equest leave to file a statement under
'ided.
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