ML20076C788
| ML20076C788 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/18/1983 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8308230185 | |
| Download: ML20076C788 (6) | |
Text
August 18, 1983 e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USHRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD T3 AW 22 A10:44 In the Matter of
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400 OL CAROLINA POWER & LIGHT COMPANY
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0-401 OL and NORTH CAROLINA EASTERN
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MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant, Units 1 & 2)
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APPLICANTS' MOTION TO MODIFY THE SCHEDULE FOR FILING MOTIONS FOR
SUMMARY
DISPOSITION ON ENVIRONMENTAL CONTENTIONS In its Memorandum and Order (Reflecting Decisions Made Following Second Prehearing Conference), March 10, 1983, the Atomic Safety and Licensing Board set September 1, 1983, as the last day for filing motions for summary disposition on environmental contentions.1!
Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby move the Board to issue an order modifying the schedule to establish the following deadlines for motions for summary disposition on environmental contentions:
September 15, 1983:
Wilson I(b), I (d), I(e) and I(g)
September 19, 1983:
Joint Contention II Eddleman 29/30 and 37B The September 1, 1983 schedule would remain in effect for the en-vironmental contentions not in the above list.2/
Responses would be filed pursuant to the provisions of 10 C.F.R. S2.749 (a).
1/
The environmental contentions are identified in the Memorandum and Order.
2/
This excludes, of course, any of the pending proposed en-vironmental contentions by intervenor Eddleman which the Board may yet admit for adjudication.
8308230185 830818 PDR ADOCK 05000400 0
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-The grounds for this motion, as it applies to the above-listed contentions of Dr. Wilson, are that Applicants and Dr. Wilson are engaged in informal discussions on the concerns reflected in these contentions, that Dr. Wilson may withdraw these contentions if his concerns are satisfied as a result of these discussions, that the filing of summary disposition motions on September 1 would be dis-ruptive of the discussions and might well prove to be wasteful and unwarranted because of the withdrawal of all or some of the con-tentions.3/
Dr. Wilson supports this motion.
The grounds for this motion, with respect to the Joint and Eddleman contentions listed above, are that discovery has been de-layed beyond the dates established in Board's schedule, i.e.,
July 29, 1983 for the filing of final responses to discovery.
In the case of Mr. Eddleman's contentions, the extensions of the dis-covery schedule have been by mutual agreement of the parties.AI In the case of Joint Contention II, see Applicants' Motion to Compel Discovery of Joint Intervenors, August 11, 1983.
j While Applicants regret having to seek even a modest delay in the schedule for some of the environmental contentions, the information sought in the outstanding discovery requests is essential to the I
preparation of motions for summary dispositions and, having proceeded further in our hearing preparation efforts, Applicants now conclude 3/
Dr. Wilson already has agreed to withdraw his Contentions I(a),
I(c), I(f) and IVC as a result of discussions with Applicants.
1/
Final responses are due on August 19, 1983.
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that there will not be sufficient time between the filing of Mr.
Eddleman's responses on August 19 and the submission of motions for summary disposition by September 1.5/
Further, since not all en-vironmental contentions are the subject of this motion, the overall hearing schedule is not necessarily endangered by the extension sought.
The undersigned has discussed this motion with Mr. Eddleman and with Staff Counsel Barth, both of whom do not oppose the motion.
We assume from Mr. Payne's previous correspondence of August 5,
- 1983, that Joint Intervenors do not oppose the extension requested.
Thomas A.
- Baxter, P.C.
SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1090 Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P. O. Box 1551 Raleigh, North Carolina 27602 Counsel for Applicants Dated:
August 18, 1983 5/
It is unclear, at this point, if and when Joint Intervenors will respond to Applicants' outstanding discovery requests of June 30, 1983.
I August 18, 1983 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
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DOCKET NOS. 50-400 OL and NORTH CAROLINA EASTERN MUNICIPAL
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50-401 OL POWER AGENCY
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(Shearon Harris Nuclear Power Plant,
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Units 1 & 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion To Modify The Schedule For Filing Motions For Summary Disposition On Environmental Contentions" were served this 18th day of August, 1983 by deposit in the United States mail, first class, postate prepaid, to the parties on the attached Service List.
t Thomas A.
Baxter, P.C.
Dated: August 18, 1983
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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
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Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
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)
(Shearon Harris Nuclear Power
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Plant, Units 1 and 2)
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SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Commission 307 Granville Road Washington, D.C.
20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission Post Office Box 12607 Washington, D.C.
20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D.C.
20555 Mr. Wells Eddleman Charles A. Barth, Esquire (4) 1 -A Iredell Street Myron Karman, Esquire Durham, North Carolina 27705 Office of Executive Legal Director U.S. Nuclear Regulatory Commission Richard E. Jones, Esquire Washington, D.C.
20555 Vice President and Senior Counsel Docketing and Service Section (3)
Carolina Power & Light Company Office of the Secretary Post Office Box 1551 U.S. Nuclear Regulatory Commission Raleigh, North Carolina 27602 Washington, D.C.
20555 Dr. Phyllis Lotchin Mr. Daniel F. Read, President 108 Bridle Run i
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Chapel Hill, North Carolina 27514 5 7 0L7.Wayc.r ose 3S t r e e t Ra rerigh., No.r.th. Caro 1ina 276.06 Dr. Linda Iittle Governor's Waste Managenent Board 513 Albenarle Building 325 North Salisbury Street Raleigh, North Carolina 27611 t - - - -
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o Service List Page Two Bradlef W. Jones, Esquire U.S. Nuclear Regulatory Commission Region II
.101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Karen E. Long, Esquire Public Staff - NCUC Post Office Box 991 Raleigh, North Carolina 27602 r
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