ML20063K330
| ML20063K330 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/30/1982 |
| From: | Read D AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8209030348 | |
| Download: ML20063K330 (5) | |
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o DOCMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARV DOCKETING & SERVICL-BRANCH BEFORE THE A'IOMIC SAFETY AND LICENSING BOARD Glenn O. Bright Dr. James H. Carpenter James L. Kelley, Chairman In the Matter of
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Dockets 50 400 OL CAROLINA POWER AND LIGHT Co. et al.
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50 401 OL (Shearon Harris Nuclear. Power Plant,
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Units 1 ani 2)
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August 30, 1982 ANSWER IN SUPPORT OF M0' ION T
On August 20, 1982, Dr. Richard Wilson filed a ' Motion to Compel Service of Documents to Intervenors' with the Board.
Pursuant to 10 C.F.R. 2.730(c), Chapel Hill Anti-Nuclear Group Effort (CHANGE)/ Environmental Law Project (ELP) now answers that motion in support of it, and urges the Board to grant the relief requested therein.
First, it should be pointed out that 10 C.F.R. 50 30(a) requires that the application for an NRC license must be " filed."
Therefore, it must logically at some point be " offered for fil-ing" within the meaning of 10 C.F.R. 2.701(b). And such offer for filing must include certification of service on "all par-ties to the proceeding."
The application ' includes" the FSAR, 10 C.P.R. 50 34(b),
the physical security plan, 10 C.F.R. 50.34(d), the radioact-ive materials control design, 10 C.F.R. 50 34a,.and the tech-8209030348 820030 gDR ADOCK 05000
Pego 2 nical specifications,10 C.F.R. 50.36. Ac. cording to the 'New World Dictionary of the English Language" the word " include" means "to have as part of a whole." There is no language in 10 C.F.R. 2.701 which indicates that any part included in the whole document may be excluded from its requirements, for any documents which the Applicants may offer. It follows that in filing its FSAR with the Commission, Applicants have an obligation to serve a copy on other parties to this proceed-ing. Although at the time the PSAR was originally filed, there were strictly speaking no other parties to.the proceeding, the Board has accomodated this problem by placin6 a copy at the Chapel Hill Public Library (although this is little aid to Dr. Wilson or to Mr. Eddlemad.
Amendments to the FSAR are unquestionably part of the FSAR--this is clear from the manner in which they are inaerted into the original submittal, replacing pages originally in-cluded. It follows therefore that they are also part of the application and subject to the same requirements of service as outlined above. Yet there are now other parties to the pro-ceeding, and therefore they are required to be served as well.
To rule otherwise places Intervenors in the anomolous position of receiving requests for additional information by regular service from the NRC Staff, but not the answers to those re-quests, which may be included in amendments to the PSAR. Yet Intervenors are expected to formulate their contentions from s
the FSAR--they have the worst aepess to the most important I
documents. Applicants should be instructed to obey the clear l
l requirement of the regulations and serve copies of all future j
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emvc-Paga 3 amendments to the PSAR and other documents specified as in-cluded in the application on the Intervenors. In addition, CHANGE /ELP requests that Applicants be further instructed to resume their practice of underlining the amended sections.
Since the library staff typically discard the replaced pages Intervenors must scrutinize the replacements with utmost care to determine what changes were in fact made. This is wasteful, inconvenient, and obstructive to preparing a dec-ent case. CHANGE /ELP requests that this requirement be made effective immediately, i.e. with the August amendment if that is not yet released, and that if it has, that the Board direct that Aoplicants specify which sections were amended in a separate document.
With respect to other documents not included in the application, CHAGE/ELP believes that they should also be served I
on all parties as requested by Dr. Wilson. Section 2.701 only refers to " documents" which are offered for filing: resort to the dictionary defines documents as "anything printed, writ-ten, etc., relied upon to record or, prove something," (empha-sis added). The' only sort of document for which any question i
I exists is the ER which is by definition "a separate document,"
10 C.F.R. 51.20(a), 10 C.F.R. 51.21, see also 10 C.F.R. 2.101 i
l (a)(3) (Director's decision as to sufficiency based on applic-ation and /or ER). However, there is no indication anywhere that the filing requirements are any different from those of the PSAR; CHANGE /ELP believes that the ER should be subject to the same requirements noted above for the FSAR, and also asks that the Board make the same instruction to the Appli-cants regarding noting amendments.
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Pago 4
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10 C.F.R. 2.4(q) defines "NRC records and documents" i
very broadly: it is our belief that the same sort of broad reading should be given to the term documents in 10 C.F.R. 2.701, and that the relief requested by Dr. Wilson, along with the modifications suggested h in, be NTED.
AA Daniel F. Read President Chapel Hill Anti-Nuclear Group Effort P.O. Box 524 Chapel Hill, NC 27514 1
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UNITED STATES OF AMERICA USHRC NUCLEAR 'BEGULATORY COMMISSION In the Matter of CAROLINA POWER & LIGHT CO.
c ets et al., Shearon Barris Nuclosr Plant, Units 1 & 2 50 400 If0'CK R
CERTIFICATE OF SERVICE BRANCH I hereby certify that copies of
- Amwfr @ EMe# d MC%A were served this '5)ST day of.4upst,198 2, by deposit in the U.S. Mail, first-class postage prepaid, upon all parties whose names appear below, except those whose names are marked with an asterisk, for whom service was accomplished by hMd dihWW J
James L. Kelley, Licensing BoardEsq./Mr. Glenn O. Bright /Dr. James Carpente Atomic Safety &
(one each)
U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 hn b%C$.
Docketing and Service Section gppt T Office of the Secretary WM M 5h d U.S. Nuclear Regulatory Commission Washington, DC 20555 WM'$w bc 200%
( Mr. John D. Runkle Dr. Phyllis Lotchin Conservation Council of North Carolina 108 Bridle Run 307 Granville Road Chapel Hill, NC 27514 Chapel Hill, MC 27514 M. Travis Payne, Esq.
$Mr. Wells Eddleman Edelstein and Payne 718-A Iredell Street P.O. Box 12463 Durham, NC 27705 Raleigh, NC 27605 Dr. Richard D. Wilson Patricia / Slater Newman 729 Hunter Street CANP Apex, NC 27502 2309 Weymouth Ct.
Raleigh, NC 27612 DanielF.hiead President Chapel Hill Anti-Nuclear Group Effort P.O. Box 524 Chapel Hill, NC 27514
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