ML20073R675
| ML20073R675 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 04/28/1983 |
| From: | Carrow H CAROLINA POWER & LIGHT CO. |
| To: | Bright G, Carpenter J, Kelley J Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20073R677 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8305040479 | |
| Download: ML20073R675 (2) | |
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IE. LATEN CORRCSPONDENCh '
p-Carolina Powei & Light Company POST OFnCE BOX 1551 Raid @, $oEthlarEhnb7602 0
4 LEGAL DEPARTMENT Writer's Direct Dial Nurnber (919)S36 6939 f e;.
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fi L-f April 28, 1983 Telecopier (919) 836-7678
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James L. Kelley, Esquire Mr. Glen O. Bright Atcraic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Coninission Washington, D.C.
20555 Washington, D.C.
20555 Dr. James H. Carpenter _
Atomic Safety and Licpnqing Board U.S. Nuclear Regulatory Coninission Washington, D.C.
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In the Matter d..,
Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Riclear Power PladE,_ Units 1 and 2)
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2 Ibcket Nos. 50-400 and 50 401 OL t-.-
Administrative Judges Kelley, Bright and Carpen'ter:
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At the time of th0 Soard's Second Prehearing CLnference in this proceeding, held in Raleigh, North Carolina, Intervenors had one proposed expert, John Maples, to review the security plan of the Applicants. In the Board'-s !bnorandum and Order (Reflecting Deci-sions Made Following Second Prehearing Conference), the Board required Intervercrs to file with the Applicants and CBC staff, a resune for each proposed expert and a brief statement of the area of expertise for which the expert was to be offered, by March 18, 1983. On March 21, 1983, Intervenors filed and served.brief resu:res and/or oopies of correspondence mncerning eight nore pr'oposed experts ; for-a total of nine (one additional resume was included of a p_roposed alternate).
After subsequent discussions among cobsel for the Applicants, NBC staff, and Interverors mncerning the nost efficient and convenient manner of taking the depositions of this large number of experts, it, was agtbed that the depositions of the personnel
___ ;of Safeguards International, Inc. of Fayetteville dould be taken in Fayetteville on
' bbnday, @r~1T 18,1983, and on days thereifter if'necessary, and that crepositions of
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the personnel of Special Security International vpuld be taken the following bbnday, April 25, in the office of Carolina Power-&-Light Company in Raleigh.. The April 18 starting date was in accord with the Board's Matorandum and Order. Accordingly, appropriate Notices to Take Deposition were filed-and served, which notorialized the above agrecrents, on April 6,1983. Counsel for'the Applicants, W staff, and Intervemrs, have now essentially mncludecT these depositions.
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b 8305040479 830428 PDR ADOCK 05000400 D
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.. april 28, 1983 Page 2 The Board's &norandum and Order requires that NBC staff and Applicants' briefs on qualifications of the InterveJors' proposed experts be filed and served by May 10, 1983, and that Intervenors file required briefs on the proposed experts' qualifications by May 23, 1983.
Discussions have been held,.anong cpunseLfor the Applicants, NFC staff and Intervenors, and it' has been determined that due to the large nu: Iter of, proposed experts having to be deposed, and the necessity of scheduling several of the depositions approximately one week subsequent to the Board's scheduled deposition date of April 18, each of the parties requires sone additional time within which to suinit the required briefs.
The parties request, therefore, that the Board allow the deadlines related to briefs on proposed security plan experts.to be slippecrone kwk.
This would require the staff and Applicants-to f.ile their briefs on the qualifi-cations of Intervenors' prop 3 sed experts by May 17, 1983, and would require Intervercrs to file required briefs by May-31,1983.-
It is hoped that the Board will be agreeable to this arrangement, as it causes very
- little delay in the schedule as previously establisled by the B6ard, but aYfords the
. parties, necessary tire to adequately prepare their briefs.
If this cbes not meet with the satisfaction of the Board, please let me know and I will inform the other parties accordingly.
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Sifderely,.
h0?Gwwa Hill Carrow
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Attorney bjl _
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cc:
Mr. Charles A. Barth Ms. Deborah Greenblatt Ibcketing and Service Section /*
U.S. Nuclear Pegulatory Conmission Further Note:
A problem which arose during the course of the deposition of John Mackie on April 25th may or may not cause further' complications of this schedule On that date, the y
de;nsition of Mr. Maples was taken from 9:30 a.m. until 12:00 noon. Thereafter, Mr.
Mackie was brough_t in and Attorney Greenblatt for the first time. informed all present that Mr. Mackie had to leave shortly after 2:00 im. Mr. Barth's questions lasted I
until approximately 2:00 p.m. and as counsel for Applicants was preparing to proceed, Counsel Greenblatt said Mackie_ was going to leave. There was a discussion between Counsels Greenblatt and Carrow to,see if Old problem could be resolved at that time.
It could not, and Mackie departed with counsel for ' Applicants objecting;to his depar-
'ture in trEmiddle of a noticed deposition,'and,. stating he had approximately two hours war.hof questions for Mr. Mackie. Applicants' po_sition is that Mackie should be con-sidered to have been voluntarily withdrawn,-unless and until he returns.to Paleigh within a short period of time to comp 1_ete sai_d depositiort. Applicants will atte:=t to resolve this problem informally as they believe the Board would,crefer;Mowever, if scrae resolution canrot be reached, it may be nece'ssary to request'an appropriate ruling at that time.
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