ML20062D877

Enumerates Provisions of Prehearing Activities in Remanded Proc Re Subj Facils,Agreed Upon in 781114 Telephone Conference.Provisions Incl Setting Location for Hearings & Timetables for Refiling of Memos by Intervenors

ML20062D877
Person / Time
Site:	Harris
Issue date:	11/15/1978
From:	Smith I Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7812010028
Download: ML20062D877 (3)

Text

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NRC PUBLIC DOCUMENI Ek)0M d. Y

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UNITED STATES OF, AMERICA 3o6 Y*aM wa M3.

NUCLEARr

• REGULATORY ' COMMISSION

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J.C. SEiqQgg , ,

In the Matter of ) Docket Nos. 5 -400 l CAROLINA POWER AND LIGHT COMPANY 02

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) 50403 (Shearon Harris Nuclear Power ) /(Remanded Issues)

Plant, Units 1, 2, 3 and 4)

MEMORANDUM AND ORDER O The Board conducted a tetePh one conference among the parties on November 14, 1978. Participating were: Dennis P.

Myers, Esq., for the State of North Carolina ; Edwin'J.

Reis, Esq., for the Nuclear Regulatory Commission Staff ;

George F. Trowbridge, Esq., for the Applicant ; Thomas S.

P Erwin, Esq., for the Intervenors, and Board members Ivan 3. Smith and Dr. J. V. Leeds .

As a result of the conference the following provisions b) for preherring activities in the remanded proceeding are directed by the Board or agreed upon by the participants:

~1. The Board requests each party to file in advance of the hearing, written testimony, copies of proposed exhibits, and a memorandum of law setting forth that party's position, if any, on the legal standards to be applied to the remanded issues.

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2. The NRC Staff intends to file its proposed evidence about December 1. The Board re-quests that the Staff file its memorandum j of law with its proposed evidence, and to '

confer with the Board and parties if there I will be a significant delay beyond December 1st. )

3. The Board may request information in addition to the proposed evidence submitted by the parties. We will make any such request to the Staff soon after it files its proposed evidence.

Staff counsel assured the Board that any Staff witness requested by the Board (presumably Inspection and Enforcement officials) will be -

available.

l' 4. Within thirty (30) days af ter the Staff serves its proposed evidence, Applicant, Intervenors and the State will file their respective pro-posed evidence and memoranda of law, if any.

5. The Board will then make any requests for ad-ditional information from the Applicant, l

Intervenors and the State. The evidentiary hearing will be scheduled for a time at least two weeks af ter all proposed evidence, in-cluding the supplemental information produced at the Board's request, has been in the hands ,

of the parties and the Board.

6. When the results of the inquiry by the Office of Inspector and Auditor are filed with the C'S Board pursuant to the Commission Order of September 5, 1978 the Board will provide for a schedule and method by which all parties may assess the effect of the results of the inquiry upon the remanded issue.

7. Sessions of the evidentiary hearing will be held in Raleigh, North Carolina. If it appears that l

a large number of witnesses from NRC Region II in Atlanta will testify, the Board will consider holding some evidentiary sessions in Atlanta.

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8. During the telephe.ne conference the Board inquired whether the Intervenors and the State of North Carolina have any needs which are not being met by the procedures adopted by the Board . Except for a request that all evidentiary hearings be held in Raleigh, no procedural problems were reported.

9. The parties are requested to file any motions for correction or modification of this order within ten (10) days of its service.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND C, c1CENS1No BoiRD l

h Ivan W. Smith, Chairman Dated at Bethesda, Maryland I this 15th day of November, 1978.

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