ML20062E022

Applicant'S Response to Request for Intervention by Wells Eddleman & Kudzu Alliance. Applicant Opposes Intervention of the Parties Due to Late Filing.If Bd Allows Lateness Justification,Applicant Requests Time to Respond

ML20062E022
Person / Time
Site:	Harris
Issue date:	11/21/1978
From:	Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7812010316
Download: ML20062E022 (5)

Text

. + ,- November 21, 1978

.y a Edqtra.PDR i

UNITED STATES OF AMERICA

/

t / / l [) f /

NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 2

4 In the Matter of )

I *

)

l CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400

) 50-401 i (Shearon Harris Nuclear Power ) 50-402 Plant, Units 1, 2, 3 and 4) ) 50-403 i

O - -

Are-L1c^nt's ass >onsz To aroursr roa 2nTzavzu21o" BY MR. WELLS EDDLEMAN AND KUDZU ALLIANCE 1

1. On October 16, 1978, Mr. Wells Eddleman sent a communication addressed to the NRC requesting that the Kudzu

} Alliance be made an intervenor in this proceeding and inquir-1 j ing as to the procedure for gaining intervenor status. The i _

l communication did not indicate any intention by Mr. Eddleman~

to request intervention as an individual, did not state t$5e ~'

(~; interest of the Kudzu Alliance or its members in the pr6citedi ,,.

i .

ing, and did not specify either Mr. Eddleman's connection ,

i with the Kudzu Alliance or his authority to represent the Kudzu Alliance. Accordingly, Applicant viewed (and still views) i this commur.ication as a procedural inquiry to be followed pre-4 sumably by a petition to intervene.

2. On November 7, 1978, Mr. Eddleman sent a letter

! to the Board stating that "[b]y postcard received 6 November 78, i .

1 178120103/646-

6

.s f* -,

i l

Kudzu Alliance and I are advised that our requests to become intervenors" had been referred to the Board. The postcard, was presumbly sent to Mr. Eddleman by the NRC Docketing and Service Section, but no notice of referral to the Board was received by Applicant or its counsel. Mr. Eddleman's' November 7 letter was docketed by the Docketing and Service Section on i

November 16, 1978, and a copy of the letter was first received by Applicant's counsel on November 20, 1978, i i

(]) 3'. Assuming Mr. Eddleman's letter of November 7,  !

1978, is to be treated as a formal petition to intervene in this proceeding by the Kudzu Alliance and by Mr. Eddleman

! r individually, Applicant opposes the petition and requests that the petition be denied. The petition is obviously late and petitioners have not made any showing of good cause or l addressed any of the other factors required to be considered j by Section 2.714 of the Cammission's Rules of Practice in the l

i

(]) case of untimely petitions to intervene. In this connection I Applicant reminds the Board that in addition to the original Notice of Hearing on September 20, 1972 (37 F.R. 20344),

notifying members of the public of the opportunity to intervene i i in the proceeding, the Board on its own initiative published i

a second Nctice of Intervention Procedures on June 23, 1977 l i

(42 F.R. 31844), following the rescheduling of the Harris plant. l

4. In the alternative, if the Board decides to afford petitioners a further opportunity to justify the lateness of M

• I

[

s

. 4 their petition, Applicant requests the Board to direct peti-tioners to serve copies of any such justification on all parties to the proceeding. Applicant further requests that the Board allow fi# teen days after date of service (including five days for mailing time) for responses by such other parties to any such justification.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE mad/

Jeu -

G eorgp'F.' Trow 5fidge Dated: November 21, 1978

(~~Y.

e i

_. . . , - . _ . . . . . - . . . , . _ . . , . _ _ . ~ , . . .

~,[

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400

) 50-401 (Shearon Harris Nuclear Power ) 50-402 Plant, Units 1, 2, 3 and 4) ) 50-403

{j CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to Request for Intervention by Mr. Wells Eddleman and Kudzu Alliance," dated November 21,~1978, were served upon those l persons on the attached Service List by deposit in the United States mail, postage prepaid, this 21st day of November, 1978.

b

• s Q 'V /GeorgefY~Trowbridg Dated: November 21, 1978 i

(

= . .. .

s-

~. ~

UNI'5ED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400

) 50-401 (Shearon Harris Nuclear Power ) 50-402 Plant, Units 1, 2, 3 and 4) ) 50-403 SERVICE LIST Ivan W. Smith, Esquire Charles A. Barth, Esquire Chairman Office of the Executive Legal Atomic Safety and Licensing Board Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Glenn O. Bright Thomas S. Erwin, Esquire '

Atomic Safety and Licensing Board P. O. Box 928 U.S. Nuclear Regulatory Commission 115 West Morgan Street Washington, D.C. 20555 Raleigh, North Carolina 27602 Dr. J. V. Leeds, Jr. Mr. Wells Eddleman 10807 Atwell Route 1 Box 183 Houston, Texas 77096 Durham, North Carolina 27705 i

% Dennis P. Myers, Esquire Kudzu Alliance j Associate Attorney General Box 3036 State of North Carolina . Chapel Hill, North Carolina 27514 ,

P. O. Box 629

Raleigh, North Carolina 27602 Docketing and Service Section l Office of the Secretary U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 i  !

i i

l i

I l

\

l l _ _ _ . , . , . -,. - -. , -