ML20069B801

Response to Environ Law Project 820217 Petition to Intervene.Petitioner Has Sufficiently Stated Interest Re Plant Design & Emergency Preparedness.Other Interests & Effects to Be Addressed W/Contentions.W/Certificate of Svc

ML20069B801
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 8203080035
Download: ML20069B801 (4)

Text

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. '82 m ,; Pl?:05 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION c r;

['. ' ' ,; y BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 9 h N IOcc , . C\1 9] ~'D

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In the Matter of ) Ut f ,r,.n

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CAROLINA POWER &. LIGHT COMPANY AND NORTH CAROLINA MUNICIPAL

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Docket Nos. 5y-400 50-401 OL L' ' -

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(j (Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' RESPONSE TO PETITION TO INTERVENE BY ENVIRONMENTAL LAW PROJECT On January 27, 1982, notice was published in the Fed-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 1 and 2. The notice afforded interested 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 the Environmental Law Project, School of Law, University of North Carolina (Project or the Project). The Project bases its

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interest on the interests of individual members, some of whom reside in the area of Chapel Hill, N.C., a distance of approx-imately 20 miles from the Harris Plant. The Project asserts among other things that the physical well-being of its members may be affected by plant operation and by radioactive releases from the Plant. The specific aspects of the proceeding as to which the Project wishes to intervene include plant design and emergency preparedness. To this extent the Project has in Applicants' view sufficiently stated an interest in the pro-ceeding to meet the initial requirements for intervention under Section 2.714 of the Commission's Rules of Practice.

The Project has alleged other interests and effects upon those interests which in Applicants' view are not cog-nizable in an NRC operating license proceeding. Applicants propose, however, to await the formulation of the Project's contentions pursuant to Section 2.714 (b) and to address at that time the allowability of the contentions, including their relationship to an interest cognizable in the proceeding.

Applicants note that the Project's petition was de-livered to Applicants' counsel in the same envelope as petitions to intervene by Daniel F. Read and Chapel Hill Anti-Nuclear Group Effort, alt!.ough the petitions do not on their face show any other connection between Mr. Read or CHANGE with the Envi-ronmental Law Project. Applicants may at a later date request

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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, PITTMAN, POTTS & TROWBRIDGE

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sw&C Ge[rgeh.Trowbridge, P.C[

Thomas A. Baxter, P.C.

John H. O'Neill, Jr.

Counsel for Applicants 1800 M Street, N.W.

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

UNITED STATES OF AMERICA i 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 Environmental Law Project," dated March 3, 1982, were served upon the following by deposit in the United States mail, postage prepaid, this 3d day of March, 1982.

James L. Kelley, Esq., Chairman Mr. George Jackson, Secretary Atomic Safety and Licensing Board Environmental Law Project U.S. Nuclear Regulatory Commission School of Law, 064-A Washington, D.C. 20555 University of North Carolina Chapel Hill, N.C. 27514 Mr. Glenn O. Bright Atomic Safety and Licensing Board Docketing and Service Section (3)

U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Stuart A. Treby, Esq. Atomic Safety and Licensing Appeal Marjorie Rothschild, Esq. Board Panel Office of Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 NJ '

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