ML20072H642

Response to ASLB 830310 Memorandum & Order Reflecting Decisions Made After 830224 Prehearing Conference.Applicant Revised Proposed Schedule Intended to Memorialize Changes Reached at Conference.Certificate of Svc Encl

ML20072H642
Person / Time
Site:	Harris
Issue date:	03/25/1983
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
ISSUANCES-OL, NUDOCS 8303290506
Download: ML20072H642 (7)

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.. March 25, 1983 UNITED STATES OF AMERICA 00pK.ETED NUCLEAR REGULATORY COMMISSION "3MC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 8 Pl2:09 N W ;~r,.c g;F a p

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In the Matter of

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401'OL

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(Shearon Harris Nuclear Power Plant, Units 1 and 2)

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APPLICANT 5' i!ESPONSS TO MFMORANDUM AND ORDER (Reflecting Occisions Madt Fo?. lowing Second Prehedring Cenference) ,

On March 10, 1983, following a prehearing conference on February 24, 1983, the Board issued a Memorandum and Order setting a schedule for the remainder of the adjudicatory preceedings on the Shearon Harris Nuclear Pow?r Plant operating licenze app 5ication.

Memorandum and Order (Reflecting Decision 3 Made Following Second Prehearing Conference) (hereinaf ter cited as " March 10 Order") .

In its order the Board stated that it had received Applicants' Revised Proposed Schedule subsequent to rea'ching a decision on the scheduling issues but would treat any differences between that pro-posed schedule and the Board schedule as objections to the Board order. March 10 Order at 5. Applicants wish to clarify that the Revised Proposed Schedule was merely intended to memorialize the changes made in Applicants' previous proposal after the interested parties reached oral agreements on some issues at the prehearing conference. After reviewing the March 10 Order, Applicants do not B303290506 830325 O

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intend to object to the dates set forth in the Board's schedule.

Therefore, any discrepancies between the Board order and the Revised Proposed Schedule should not be preserved as objections.'

Applicants do observe, however, that any significant slippage in-the Board's schedule would jeopardize the projected fuel loading date.

Applicants request clarification of footnote 3 of the March 10 Order. That footnote states that Eddleman Contention 41 will be treated as a management capability issue. Applicants do not agree that Eddleman 41 as admitted, which deals solely with the narrow issue of hanger weld safety, should be classified as a nanagement capability issue. Eddleman 41 deals with a single sspect cf the construction QA/QC program. It bears no more relationship to the ability of Carolina Power and Light management to operate the ,

harris plant safely than do the many other safety and environnental contentions that involve monitoring or inspections by company personnel.

Applicants further object to this classification inscfar as t the Board order implies that discovery on Eddleman 41 may be l

deferred until after the completion of the environmental hearing.

In the apparent belief that the March 10 Order did not toll discovery on Eddleman 41, on March 22, 1983, Mr. Eddleman propounded numerous interrogatories to Applicants on that contention.

Mr. Eddleman also has responded (on March 21, 1983) to Applicants' interrogatories on Eddleman 41 served prior to the March 10 Order.

Applicants believe that discovery should proceed at this time l

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because the facts surrounding the contention are discernible now, and the contention is ripe for summary disposition. 'Immediate discovery would be in accord with the Board's intent that only those safety contentions not subject to summary disposition be deferred until the completion of the environmental hearings.

March 10 Order at 4.

Finally, Applicants wish to respond to Mr. Eddleman's " Notes

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re Applicants' Revised Proposed Schedule," dated March 10, 1983.

In the handwritten notation at the margin of $he paper filed with the Board, Mr. Eddlesnan states that the overlap in security plan hearings and environmental hearings may cause problems for the intervenora. As Applicants stated in the February 24 conference, Mr. Eddleman's fear is totally-unfounded. (Tr. 526).

It is Applicants' understanding that the physical security plan schedule is completely ir. dependent of the timetable for hearings on environmental, safety and emergency preparedness issues.

The security plan hearing will be limited to those parties with -

access to the plan. The participants in the physical security plan hearings (for intervenors, counsel and their expert (s)) will not be needed at the environmental issues proceedings. Intervenors have retained Ms. Greenblatt as counsel for the physical security plan hearings. Thus, intervenors' representatives on environmental issues will not be subject to conflicting demands. Under these circumstances neither the discovery procedures nor the hearings

I on security plan contentions should toll or be tolled.by hearings on other contentions.

Respectfully submitted, Thomas A. Baxter, P.C.

John H. O'Neill, Jr.

Pamela H. Anderson SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 s (202 822-1000 Richard S. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY '

P.O. Box 1551 F.aleigh, North Carolina 27502 Counsel for Applicants .

Dated:. March 25, 1983 p

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

- In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTPRN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL

)

.(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )' .

Ci3RTI?ICLTN OF SERVICE, I hereby certlfy that copies of " Applicants' Response To

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Nelaorandum And Order (Reflecting Decisions Made Following Second Prehearing Conference)" were served this 25th day of March,1983,  ;

by deposit in the U.S mail, tirst class, postage prepaid, to the parties on the attached Service List.

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l Pamela H. Anderson l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t

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

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CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL i AND NORTH CAROLINA EASTERN ) 50-401 OL' MUNICIPAL POWER AGENCY ) .,

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! (Shearon Harris Nuclear Power ) ~

Plant, Units 1 and 2) <

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. SERVICE LIST .

Jees L. Kelley, Esquire John D. Runkle, Esquire Atcrnic Safety arri Licensing Board ccmservation Council of North Carolina .

U.S. Nuclear Regulatory &=4 == ion 307 Granville Road s t

3 Washington, D.C. 20555 Chapel Hill, North Carolina 27514 l 1

M. Travis Payne, L==4m Mr. Glenn O. Bright -

Atcznic Safety and Licensing Board Edelstai.n and Payne.

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U.S. Nuclear. Regulaton Cr=4 asion P.O. Box 12643 Washington, D.C. 20555 Raleigh, North Carolina 27605 Dr. J ens H. C= p d.er .

Dr. Richard D. Wilson Atcznic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Cemnission ' APax, North Carolina 27502 '

Washington, D.C. 20555

• Mr. Wells Eddlernan 718-A Iredell Street Charles A. Barth, Esquire - -

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- Myron Kannan, Esquire Durhan, North Carolina 27705 Office of Executive Legal Director U.S. Nuclear Regulatory Crnm4_=sion Ms. Patricia T. Newnan 's -

Washington, D.C. 20555 Mr. Slater E. Newman Citizens Against Nuclear PcWer Docketing and dervice Section 2309 Weymouth Court Office of the Secretary Raleigh, North Carolina 27612 U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555 Richard E. Jones, Esquire Vice President & Senior Counsel Mr. Daniel F. Read, President Carolina Power & Light Company Chapel Hill Anti-Nuclear Group Effort P.O. Box 1551 P.O. Bcx 524 Faleigh, North Carolina 27602 Chapel Hill, North Carolina 27514 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, North Carolina 27514

s Deborah Greenblatt, Esquire 1634 Crest Road -

Raleigh, North Carolina 27606 Bradley W. Jones, Esquire U.S. hbclear Regulatory Canission Region II ,

101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G.. Miller, Esquire -

Atmic Safety and Licensing Board Panel .

U.S. Nuclear Regulatory remniasicn -

Washington, D.C. 20555 Karen E. Long, Esq.

• Staff Attorney Public Staff - NCUC .

P.O. Box 991 .

Raleigh, North Ca'rolina 27602.

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