ML20076J643

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Statement of Matl Facts as to Which There Is No Genuine Issue on Eddleman Contention 83/84 Re Chemical Discharge. Related Correspondence
ML20076J643
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 09/01/1983
From: Carrow H
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20076J582 List:
References
ISSUANCES-OL, NUDOCS 8309070277
Download: ML20076J643 (3)


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l 23 SEP -6 P1 :26 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO&FICE OF SEDWl.

00CKEimG & SERVID-BEFORE THE ATOMIC SAFETY AND LICENSING BOAEbNCH In the Matter of )

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA _ EAST.EFK- T Docket Nos. 50-400 OL MUN_ICIP AL POWER 3CENCY

) 50-401 OL

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(Shearon Harris Nuclear Power )

Plant, Units 1 & 2) )

STATEMENT OF FACTS MATERIAL TO EDDLEMAN 83/84 AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD Applicants hereby state that the following facts material to Eddleman Contention .

83/84 are not in dispute:

1.- The Licensing Board has characterized Eddleman 83/84 as alleging "that the environmental impact of chemical releases from Shearon Harris Plant has not been adequately assessed." Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference), dated September 22,1982 at 62. t

2. Applicants have been issued a Certification Pursuant to Section 401 of l

the Federal Water Pollution Control Act (FWPCA) Amendments of 1972 which certifies tha_t discharges resulting from construction and operation of SH'NPP will not violate SS 301, 302, 306 and 307 of the FWPCA if conducted in accordance with the application, supporting documentation, and terms and conditions of the NPDES permit.

Attachment 2. -

8309070277 830901 PDR ADOCK 05000400 0 PDR l

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3. SHNPP ~ has been issued a National Pollution Discharge Elimination System (NPDES) permit effective through June 30, 1987. DES Appendix G at G-2.
4. SHNPP discharges will be within the ' limitations set in the NPDES permit. ER Table 3.6.2-2; Hogarth affidavit at 2; DES at 5-4 to 5-9. ____ _ . _ _ ___
5. SHNPP NPDES permit limitations are established to protect aquatic resources. and all lifeforms associated therewith. N.C. Gen. Stat.

S143-211; North Carolina Water Quality Standards, N.C. Admin. Code, T.15, Ch. 2, Subch. 2B.

6. NRC jurisdiction is limited to an assessment of the environmental impacts of SHNPP discharges and factoring those into the NEPA cost-benefit analysis. Memorandum and Order (Ruling on Wells Eddleman's . .

Contentions on the Staff Draft Environmental Statement), dated

. August 18,1983 at 13.

7. Applicants' ability to comply with NPDES limitations for SHNPP discharges demonstrates no significant environmentalimpact adversely affecting the Staff cost-benefit analysis.
8. Applicants have assessed Othe environmental impacts of SHNPP j discharges according to applicable regulations and guidelines. Hogarth Affidavit at 3. -
9. The NRC Staff has, assessed the environmen.tal, impacts of SHNPP discharges in its NEPA cost-benefit analysis including evaluation of Applicant's capabilities of meeting NPDES discharge standards and evaluation of possible chlororganic compound formation by SHNPP l

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discharges, and has concluded the discharge standards will be. met and chl.ororganic compounds formed will be well within safety limits to

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_ protect fish, animal, and human health. DES at 5-I to 5-9.

10. Therefore,- Applicants and NRC Staff have adequately assessed the environmental impacts of. discharges from SHNPP and have met their NEPA responsibilities.

This the l day of September,1983.

M Hill Carrow Attorney Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6839 Attorneys for Applicants:

Thomas A. Baxter John H. O'Neill, Jr.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

  • Washington, D.C. 20036 (202) 822-1000 Richard E. Jones Samantha Francis Flynn Carolina Power & Light Company . . _

Post Office Box 1551 Raleigh, North Carolina 27602 l

(919) 836-6517 s

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