ML20069B773

Response to DF Read 820217 Petition to Intervene.Sufficient Interest Stated Re Safe Plant Operation & Adequacy of Offsite Monitoring Plans.Other Interests & Effects to Be Addressed W/Contentions.Certificate of Svc Encl

ML20069B773
Person / Time
Site:	Harris
Issue date:	03/03/1982
From:	Trowbridge G CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8203080020
Download: ML20069B773 (4)

Text

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UNITED STATES OF AMERICA T2 MAR -4 f12:05 NUCLEAR REGULATORY COMMISSION e,' .

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

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

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(Shearon Harris Nuclear Power ) ,gg' '77~s Plant, Units 1 and 2) )

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APPLICANTS' RESPONSE TO PETITION TO h U i,q or bO2.%.

72 INTERVENE BY DANIEL F. READ L 'T g$- [.{#c

'J b: AO On January 27, 1982, notice was published in th%d'553MY u eral Register concerning the application of Carolina Power &

Light Company and North Carolina Municipal Power Agency No. 3 (Applicants) for licenses to operate the Shearon Harris Nuclear Power Plant, Units l_and 2. The notice afforded interested

.v persons an' opportunity to request a hearing and to petition for leave to intervene.

On February 17, 1982, a petition to intervene was filed by Daniel F. Read (Petitioner). Petitioner bases his interest on his residence and family property in Chapel Hill, N.C., a D5033

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distance of approximately 20 miles from the Harris Plant. He asserts among other things that his interest would be affected by the possibility of nuclear accidents and by radioactive re-leases from the Plant. The specific aspects of the proceeding as to which Petitioner wishes to intervene include safe opera-tion of the Plant and the adequacy of off-site monitoring plans.

To this extent Petitioner has in Applicants' view sufficiently stated an interest in the proceeding to meet the initial re-quirements for intervention under Section 2.714 of the Commis-sion's Rules of Practice.

Petitioner has alleged other interests and effects upon those interests, some of which in Applicants' view are not cognizable in an NRC operating license proceeding. Applicants propose, however, to await the formulation of Petitioners' con-tentions pursuant to Section 2.714 (b) and to address at that time the allowability of the contentions, including their rela-tionship to an interest cognizable in the proceeding.

Applicants note that Mr. Read has signed a second petition to intervene on behalf of, and as President of, Chapel Hill Anti-Nuclear Group Effort (CHANGE), also dated February 17, 1982. In addition, the petitions by Mr. Read and CHANGE were delivered to Applicants' counsel in the same envelope as a petition to intervene by the Environmental Law Project, School o -

of Law, University of North Carolina, although the petitions do not on their face show any other connection between Mr. Read or CHANGE and the Environmental Law Project. Applicants may l at a later date request the consolidation of two or more of these petitioners or the designation of a single individual to represent their interests in the proceeding.

Respectfully submitted,

! SHAW, P TTMAN, POTTS & TROWBRIDGE i

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. gen ge [. Trowbridge, P.

l Thomas A. Baxter, P.C. 1 l John H. O'Neill, Jr. l Counsel for Applicants l 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: March 3, 1982 l

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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

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(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Peti-tion to Intervene by Daniel F. Read," dated March 3, 1982, were served upon the following persons by deposit in the United States mail, post-age prepaid, this 3d day of March, 1982.

James L. Kelley, Esq., Chairman Mr. Daniel F. Read Atomic Safety and Licensing Board 100-B Stinson Street U.S. Nuclear Regulatory Commission Chapel Hill, N.C. 27514 Washington, D.C. 20555 Docketing and Service Section (3)

Mr. Glenn O. Bright Offica of the Secretary Atomic Safety and Licensing Board U.S. Nuclear. Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Board Dr . Jalae s H . Carpenter Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Appeal Charles A. Barth, Esq. Board Panel Stuart A. Treby, Esq. U.S. Nuclear Regulatory Commission Marjorie Rothschild, Esq. Washington, D.C. 20555 Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Nl

• IGeo[ge F. Trowbridge,d.C.

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