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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999 NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc ML20217H9661999-10-20020 October 1999 NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence ML20217E0881999-10-18018 October 1999 Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20217F7681999-10-17017 October 1999 Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence ML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E2611999-10-13013 October 1999 Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217D5561999-10-13013 October 1999 Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence ML20217D5761999-10-13013 October 1999 Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence ML20217D6201999-10-12012 October 1999 NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence ML20217D5661999-10-12012 October 1999 NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20212L1441999-10-0505 October 1999 NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence ML20212J0801999-09-29029 September 1999 Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence ML20212G0001999-09-24024 September 1999 Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence ML20212G0081999-09-24024 September 1999 Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence ML20212D7151999-09-20020 September 1999 Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence ML20212D8521999-09-20020 September 1999 Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence ML20212C1231999-09-17017 September 1999 Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence ML20211N7481999-09-10010 September 1999 NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence ML20211N5021999-09-0808 September 1999 Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence ML20211M4201999-09-0707 September 1999 Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence ML20211M5001999-09-0303 September 1999 Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence ML20211H4931999-08-30030 August 1999 Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence ML20211B7951999-08-23023 August 1999 NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence ML20211B8361999-08-23023 August 1999 Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence ML20210T3531999-08-16016 August 1999 Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence ML20210L9571999-08-0606 August 1999 Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20207D6991999-05-27027 May 1999 Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20206R2411999-05-13013 May 1999 Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20206G4051999-05-0505 May 1999 Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc ML20206F9491999-05-0505 May 1999 NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc ML20206A0851999-04-22022 April 1999 Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20196K8861999-04-0505 April 1999 Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20196K9041999-03-31031 March 1999 Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc 1999-09-08
[Table view] Category:PLEADINGS
MONTHYEARML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20205A9201999-03-26026 March 1999 Motion for Approval of Protective Order.* Orange County,With Support of CP&L & Nrc,Requests Board Approval of Encl Protective Order.With Certificate of Svc ML20204E5341999-03-17017 March 1999 Orange County Second Motion for Extension of Time to File Proposed Protective Order.* Licensing Board Granted Motion to Extend Deadline for Filing Proposed Protective Order Until 990304.With Certificate of Svc ML20207L4041999-03-16016 March 1999 NRC Staff Answer to Orange County Motion to Relocate Prehearing Conference.* NRC Has No Objections to Relocating Prehearing Conference,Time or Place.With Certificate of Svc ML20204C9721999-03-15015 March 1999 Applicant Response to Bcoc Motion to Relocate Prehearing Conference.* Applicant Requests That Prehearing Conference Be Held in Hillsborough,Nc.Location Available to Hold Prehearing Conference on 990513.With Certificate of Svc ML20207K1391999-03-0909 March 1999 Orange County Motion to Relocate Prehearing Conference.* Requests Licensing Board Relocate Prehearing Conference Scheduled for 990511 to Site in Area of Shearon Harris Npp. with Certificate of Svc ML20127M4091992-10-0202 October 1992 CP&L Response to Appeal to NRC Commissioners of NRC Staff Denial of Nirs Petitions for Immediate Enforcement Action of 920721 & 0812.* Commission Should Affirm NRR Denial of Nirs Petitions.Certificate of Svc Encl ML20213A0091987-01-28028 January 1987 NRC Staff Response to Intervenor Application for Stay of ALAB-856.* Motion Should Be Denied Since Coalition for Alternatives to Shearon Harris Lacks Standing to File Motion & 10CFR2.788 Criteria Not Met.Certificate of Svc Encl ML20212R6431987-01-27027 January 1987 NRC Staff Motion for Extension of Time.* Motion for Extension Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856.Certificate of Svc Encl ML20212R6861987-01-27027 January 1987 Licensees Answer to Conservation Council of North Carolina/ Eddleman Motion for Stay.* Motion Should Be Summarily Denied.Certificate of Svc Encl ML20209A7191987-01-27027 January 1987 NRC Staff Motion for Extension of Time.* One Day Extension of Time Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856 Requested.Granted for ASLB on 870128.W/ Certificate of Svc ML20207N6051987-01-10010 January 1987 Conservation Council of North Carolina,Wells Eddleman,Pro Se & Coalition for Alternatives to Shearon Harris Motion to Stay Effectiveness of Licensing of Shearon Harris Nuclear Power Plant.* W/Certificate of Svc ML20207M0191987-01-0808 January 1987 Motion to Continue Commission decision-making Re Licensing of Shearon Harris Nuclear Power Plant.* Requests NRC Refrain from Issuing Full Power OL Until Criteria Assuring Safe Operation Met.Certificate of Svc Encl ML20214A5171986-11-17017 November 1986 Response Opposing State of Nc Atty General 861028 Motion Re Applicant Request for Exemption from Portion of 10CFR50, App E & Part IV.F.1.Certificate of Svc Encl ML20197C8511986-11-0303 November 1986 Response to Atty General of State of Nc 861028 Motion to Dismiss,As Moot,Util 860304 Request for Exemption from 10CFR50,App E Requirement for Full Participation Exercise 1 Yr Prior to Full Power License.W/Certificate of Svc ML20215M2281986-10-28028 October 1986 Motion for Inquiry Into Feasibility of Applicant 860304 Request for Exemption from Requirement That full-scale Emergency Preparedness Exercise Be Conducted within 1 Yr Prior to Issuance of Ol.Certificate of Svc Encl ML20215G7061986-10-17017 October 1986 Response Opposing W Eddleman & Coalition for Alternatives to Shearon Harris 861006 Brief Requesting Hearing on Util Request for Exemption from Performing full-scale Emergency Exercise,Per Commission 860912 Order.W/Certificate of Svc ML20215J6121986-10-17017 October 1986 W Eddlemen & Coalition for Alternatives to Shearon Harris Petition,Per 10CFR2.206 to Revoke,Suspend or Modify Cp. Certificate of Svc Encl ML20203N9191986-10-14014 October 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Request for Hearing on Util Request for Exemption from Requirement to Conduct Full Participation Exercise.Certificate of Svc Encl ML20210V1571986-10-0606 October 1986 Answer in Opposition to Coalition for Alternatives to Shearon Harris,W Eddleman & Conservation Council of North Carolina 860915 Motion to Reopen Record.Related Info & Certificate of Svc Encl ML20210S9871986-10-0606 October 1986 Brief Opposing Applicant 860304 & 0710 Requests for Exemption from 10CFR50,App E Requirement to Conduct Full Participation Exercise of Emergency Mgt Plan within 1 Yr Prior to Operation.W/Certification of Svc ML20214S0831986-09-25025 September 1986 Applicant Answer Opposing 860915 Coalition for Alternatives to Shearon Harris (Cash) Motion to Reopen Record.Motion Opposed Since Cash Not Party in OL Proceeding.Certificate of Svc Encl ML20214R0531986-09-24024 September 1986 Response Opposing Eddleman/Coalition for Alternatives to Shearon Harris 860919 Request for Extension of Time to Respond to Commission 860912 Order.W/Certificate of Svc ML20214R3681986-09-23023 September 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman Request for 2-wk Extension to Respond to Commission 860912 Order Re Exemption from Requirements of 10CFR50,App E.W/Certificate of Svc ML20214Q9531986-09-19019 September 1986 Requests Extension of Time Until 2 Wks from 860929 Deadline to Respond to 860912 Order Requiring Analysis of 10CFR50.12 Specific Exemptions ML20210D9001986-09-15015 September 1986 Motion to Reopen Record,Per 10CFR2.734,asserting That Commission Unable to Determine Reasonableness of Assurance That Plant Can Operate W/O Endangering Public Health & Safety.Certificate of Svc & Insp Rept 50-400/85-48 Encl ML20203M0021986-08-28028 August 1986 Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Joint Petition for Hearing on Exemption Request Re Full Participation Emergency Preparedness Exercise.W/Certificate of Svc ML18004A4681986-08-15015 August 1986 Response to Coalition for Alternatives to Shearon Harris 860702 Show Cause Petition Re Emergency Planning Requirements,Filed Per 10CFR2.206.Petition Should Be Denied Due to Lack of Basis for Action.Certificate of Svc Encl ML20205F3591986-08-15015 August 1986 Response to Coalition for Alternatives to Shearon Harris 860702 2.206 Petition to Show Cause Re Emergency Planning Requirements,P Miriello Allegations & Welding Insps.Show Cause Order Unwarranted.W/Certificate of Svc ML20205F4131986-08-14014 August 1986 Answer Opposing Intervenor 860730 Petition for Review of Aslab 860711 Memorandum & Order Denying Two Requests for Relief.Petition Lacks Important Procedural Issue.Certificate of Svc Encl ML20205F2251986-08-14014 August 1986 Answer Opposing Coalition for Alternatives to Shearon Harris & W Eddleman 860730 Petition for Commission Review Per 10CFR2.786.W/Certificate of Svc ML20203K1511986-07-30030 July 1986 Petition for Commission Review of Aslab 860711 Memorandum & Order Denying Coalition for Alternative to Shearon Harris 860609 Petition to Intervene.Certificate of Svc & Svc List Encl ML20212A6071986-07-25025 July 1986 Response to ASLAP 860708 Order Requiring Licensee to Update Re Emergency Plan.Chatham County Resolution Does Not Resolve Issues Re Adequacy of Plan.Resolution False. Certificate of Svc Encl ML20207J8281986-07-24024 July 1986 Response Opposing W Eddleman 860403 Request for Hearing on Util Request for Exemption from Emergency Preparedness Exercise Requirement.W/Certificate of Svc ML20211Q5221986-07-23023 July 1986 Answer Opposing Coalition for Alternatives to Shearon Harris 860721 Motion for 10-day Extension to File Brief Supporting 860721 Notice of Appeal & Request for Review of Aslab 860711 Memorandum & Order.W/Certificate of Svc ML20207E4231986-07-18018 July 1986 Response to Aslab 860708 Order to File Update to Re Chatham County,Nc Rescission of Prior Approval of Emergency Response Plan.Chatham County Endorsed Plan on 860707.W/Certificate of Svc ML20199L1671986-07-0808 July 1986 Suppl to 860624 Response to Conservation Council of North Carolina & Eddleman Request to Continue Stay Indefinitely.On 860707,Chatham County Adopted Resolution Which Endorses Emergency Plan.W/Certificate of Svc ML18019B0891986-07-0202 July 1986 Petition Requesting Institution of Proceedings Per 10CFR2.206,requiring Util to Respond to Show Cause Order Due to Failure to Meet Required Stds in Areas of Emergency Planning,Plant Safety,Security & Personnel Stress ML20206R8691986-06-30030 June 1986 Response Opposing Coalition for Alternatives to Shearon Harris (Cash) 860609 Petition for Leave to Intervene.Any Cash Participation Would Cause Delay in Proceedings.Petition Should Be Rejected as Untimely Filed ML20206P6641986-06-25025 June 1986 Response to Coalition for Alternatives to Shearon Harris & W Eddleman 860428 Motion for Stay of Immediate Effectiveness of Final ASLB Decision.Motion Should Be Denied.Certificate of Svc Encl ML20206J3641986-06-24024 June 1986 Response Opposing Conservation Council of North Carolina & W Eddleman 860609 Motion to Stay All Power Operations Per ASLB 860428 Final Decision.Motion Fails to Show Single Significant Safety Issue.W/Certificate of Svc ML20206J2051986-06-24024 June 1986 Response to Intervenors Conservative Council of North Carolina & W Eddleman Request to Continue Stay Indefinitely. Certificate of Svc & Svc List Encl ML20211D8641986-06-0909 June 1986 Requests to Continue Temporary Automatic Stay of ASLB Authorization of Full Power Operations Indefinitely.Low Power Operations Should Be Stayed Until NRC Completes Immediate Effectiveness Review & Encl Comments Resolved ML20199E4441986-06-0909 June 1986 Request to Indefinitely Continue Temporary Automatic Stay as to ASLB Authorization of Full Power Operations Until Commission Resolves Issue Raised in Encl Comments on Immediate Effectiveness Review ML20205T4001986-06-0909 June 1986 Appeal from Final Licensing Board Decision to Grant Ol.Board Erred in Determining That Widespread Drug Abuse Had No Effect on Const,In Accepting Applicant Nighttime Alert & Notification Plans & in Rendering Final Decision 1999-07-21
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_ ' P .e b THE CONSERVATION COUNCIL OF NORTH CAROLINA, #D 1
- ,. y 307 Grenville Road, Chapel Hill, N.C. 27514 * '4 /[f' /'
(919) 942 7935 or 9421080 (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) fI' July 22, 1953 In the Matter of CAROLINA POWER i LIGHT COMPANY Docket Nos. 50-400 OL AND NC EASTERN MUNICIPAL 50-401 OL POWER AGENCY (Shearon Harris Nuclear Power Plant, Units 1 and 2)
JOINT INTERVENOR'S OBJECTIONS TO APPLICANTS' PROTECTIVE ORDER AND AFFIDAVIT OF NON-DISCLOSURE The Board's Memorandum and Order of June 17, 1983, establishe the leSal framework for the review of the Shearon Harris Security Plan. Applicants submitted a draf t Affidavit of Non-disclosure
~
and Protective Order Governing Access to Security Plan Informatie which we received on July 11, 1983 The Applicants discussed th'-
l '
Affidavit and Protective Order with us on July 13 and we receive' l
the final proposed material 'on July 19 This restricted time schedule has made it difficult for us to review the documents and contact our experts (one who is out of town for several weeks?
m8 However, we wish to facilitate this matter and also respect the No'8 oo vacation plans of other participants.
m2 . .
n" We do not feel that legal arguments are warranted or even gt The Diablo Canyon decision, which all h
m<
relevant at this juncture.
parties have agreed sets the legal fracework for this matter, lea-
- " ample discretion to the Board to decide these matters on the basis T)S o3
/
p b.4 PaSe 2--July 22 of common sense and what will work in a practical sense. The Applicants and Intervenors are very close to agreement in this matter, our first objective is to protect the public from physical intrusion into the operating power plant. Secondly we cannot allow the Harris Security Plan to f all into the hands of unsecure parties or those individuals we are trying to protect agains .
We have found the Applicants willing to cooperate in scheduling, providing secretarial support, and the like. We request that the Board review our objections and other considerations in regards to the Affidavit of Non-disclosure and the Protective Order and modify them slightly in order to meet our practical considerations.
- 1. In the Protective Order on page 2, section 4, please fill in the blank space with the following: Debbie Ussery-Baumrucker.
She resides at 107 W. Main Street Apt. E, Carrboro, NC 27510.
Her phone number is 919/967-8581.
4
- 2. In the Board's Memorandum and Order, Early Ray Bleacher is qualified to have access to the overall Shearon Harris Security Plan. We also realize that the' Board on page 6 of that order permitted only one expert to review that part of the Plan which he is qualified for. Applicants reiterated this position on page 2, section 3, of their Protective Order. We would like the Board to reconsider this preliminary decision as it hampers our full review of the Plan. We are using a team of experts, some of which are more expert in some fields than are others. If we use our s
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PaSe 3--July 22 expert on communications, Tuggle, then our expert, Bleacher, is not-permitted to review that part. A security plan should be an inter-connecting document which has a sum greater than any of- the
-parts. Our overall reviewer needs to be able to review all of the sections of the plan to determine how one part fits into the other and how the different systems work. Of course, he will not review the c'ommunications section, for example, in as much detail as.the sections where there is no other expert. It is his job review the overall plan and.as the Bqard said in its order "we do not mean that we expect Mr. Bleacher to understand all arpects of the plan without any assistance." We feel that our experts, in addition to those supplied by the Applicants, would better provide us with a review of the plan. Mr. Bleacher also needs to look at the entire plan to determine if the other experts are receiving all.the material they need to. assess their narrower field of review.
- 3. Counsel for.Intervenors should be permitted a brief review of.
t the entire plan before_the experts begin their in-depth review l
l' to determine the structure and physical lay-out of the plan.
I Th'e primary. reason for this initial review is to determine L
! legally if every regulation under 10 CFR 73, et al., is even mentioned in the Plan. Counsel does not have the technical
, competance, and not even the desire, to review the Plan in detail to determine its sufficiency under the regulations or whether the system will tork in the real world. However, Counsel does have the technical competance to compare the Plan to the regulatic In addition, Counsel needs to look at the entire plan to determins
i f .
Page 4--July 22 if the Experts are getting all the section(s) they are to review and whether a section is overly " sanitized." Leaving the Protective Order, in regards to Counsel, on a need to know basis will only keep this proceeding bogged down as the Board will necessarily.need to rule on whether Counsel needs to know.
Let us remind the Board that the Appeal Board in the Diablo Canvon decision permitted Counsel to review the entire plan in that instance (5 NRC 1398, at 1406, in ruling (4)(c)).
4._We_are satisfied with the stricture on reviewing all protected materials at the offices of the Applicants in Raleigh, but require a security-related walk-through of the Shearon Harris site for our experts at this initial stage of the review (with others in the future as needed). This would entail a 6 to 8 hour9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> tour at the site lead by the Applicants' security experts. This walk-through would allow our experts to get a feel for the layout
'M"g.
~ of the site and have a reality check to determine if Applicants can do what they say they can do. Each of our primary experts,
' y :,
2
- Mr. Maples and.Mr. Bleacher,. expressed disbelief that any review
.x of the plan would not include a real world comparison with the actual site. We realize that many of the security systens
- will not be finalized until close to the fuel loading dates, but even at this point our experts would find a ton; beneficial to
- 3 '
-their review. Otherwise, the entire review of the security plan is only on paper and the question becomes have the Applicants presented good paper rather than will the security plan actually ,
protect the public. One example, and one can no doubt think up
4 W ,
Page 5--July 22 countless others, is if a security guard would need to get from Point A to Point 3 in X minutes. This could be possible on paper but in the real world, the guard would have to go up-hill and ther around the containment buildings and physically cannot do so within 2X minutes. A detailed review without a reality check might not turn up some potentially 51 aring flaws in the Plan.
5 Donald Henke, President of Safequards International (P.O. Box 96, Fayetteville, NC 28302, 919/483-1807), Juss requested a reviet of any work product, including reports to Counsel, produced by members of his firm. This would include our experts, Bleacher, Tug 5 1 e, and Stevens. Mr. Henke's request is a reasonable one and; is done solely to protect the reputation and integrity of his corporation, which after all, provides professional services and
. experts in the field of security systems. Although not qualified by the Board as having the technical competance to review the pl:
- t,7h)[ for the reason that we did not proffer him as an expert, Mr. Henk is competant to keep the material safe and secure. We have attached copies of Mr. Henke's last two sets of Orders to Active
- g. cs.,s Duty for Training (dated 2/24/82 and 6/2/83). We would draw.the'
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Board's attention to the circled part S ving i Mr. Henke's security clearance as secret (final). An individual with that classifica
'should be permitted to review work product of others even dealing
~ "N with protected information, especially since scurity plans are 21 not classified. If Applicants are willing to have the secretari@
we or our experts provide access to some of.the protected informa then' surely Mr. Henke 's review of his firm's work product would n jeapordize the integrity of the plan.
( .
'e Page 6--July 22
- 6. It was almost half-way into the negotiation session between Applicants and Counsel for Intervenors when Applicants revealed that only a " sanitized" version of the plan would be offered for review. Their rationale is that the " sanitized" version is inherent in the Diablo Canyon decision. We disagree in that sanitizing the plan would only delay this proceeding by getting
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the Board involved in determinin5 just how sanitized a section can be. Our experts should have access to the entire Flan in order to determine its adequacy. To give an example to illustrate possible differences between our positions, Dr. Quarles and Dr.
Johnson discussed the combinations to locks in their comments to the Diablo Canyon decision. Surely our experts have no desire to review actual combinations but we might need to know what types of locks they are (for strength and tamper-proof attributes),
how they open- (tine may be of the essence and a five-di S it lock, two key lock, or combination needing two operators would surely
- slow time down), and the exact locations. It is taken for Eranted that any terrorist grcup, for example, will have almost all of 6
- the inside inf ormation due to inside help and it seems only fair that our experts have similar information in order to review the plan. ' Sanitizing the plan will cause delay. We do not have confidence that the Applicants will be able to make the p' roper decisions on the relevancy of certain " gory details" to the overall adequacy of the plan.
- 7. We are still concerned about leaving our work product at the.
Applicants'. offices although we see the need for keeping the
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Page 7--July 22 information in the Security Plan secret. As an attorney, I am extremely leery of leaving trial preparation material in the
' hands of the opposin5 party. The Applicants suggested that the file cabinet in which the material is stored have two locks, one for their use and the other for our protection. This goes part of the way in solvin5 the problem. We suggest the following language in the Protective Order, " Applicants or Staff shall not review any work-product or other materials prepared by Intervenor Experts or Counsel without prior approval by the Board or Interve Counsel." We hope this'will never become a problem but we would like our notes, reports, and the like adequately protected.
It is our intent to beSin the review of the Security-Plan by two of. our experts on August 8,1983, at the Applicants' Rales office. That is the only time we can schedule Mr. Bleacher as he has commitments for the remainder of August and into Septembe)
I" t ,
Mr. Maples is having minor sur5ery near the end of August and .
needs to have his review finished as early as possible. The l
l f-only determinition the Board needs to make before that time is L
' section.3 above,-access of the entire plan by Counsel. We
'would appreciate an emSLyruling on our other objections, especia Mr. Beacher's access to the' entire plan, soon in. order to keep this matter moving.
We are trying ,to f acilitate this matter. We cannot afford
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to bring trivial disputes to the Board's attention although'we
'will do so if it means doing a full review of the Security Plar.,
l We would like it understood that time allowances will have to '
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Page 8--July 22 made in order to schedule Counsel and his secretary to spend tine'in the Applicants' offices in Raleigh. We are sending this to a modified: service list similar to the one applicants used in their July 15, 1983, letter to the Board which~ contained the ' final proposed Affidavit of Non-disclosure and Protective Order. We are sending copies of this filing, plus the proposed Order and Affidavit, to our experts. We will not do this in future filings in this matter without notification.
Respectfully submitted, Fohn D. Runkle Attorney-at-Law Counsel for Joint Intervenors Dated-this 22nd day of July, 1983 l
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Attachments ,
L Service List 9
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1 ATTACHMENT 1 DEP ARTM ENT OF T HE ARMY OF FICE OF THE ADJUT ANT GENERALADMINISTRATION C U.S. ARMY RESERVE COMPONENTS ST. LOUIS, MD 63132 PERSONNEL AND 24 FEB 83-AGUZ-OP-235-C ORDERS T-02-304606 522 56 7281 CPT 48 ESP IN DONALD ARTHUR HENKE USAR CCN GP RE 704 FAIRFIELD ROAD NC 28303 F AYETT EV IL LE 6-FORADT, TRAINING (ACT) FOR THE PERIOD SHOWNc
-- - YGU ARE ORDERED TO ACTIVE DUTY UNL ESS SOON ER R ELEASED OR EXTENI Af ENT ERED UPON COMPLETION BY PROPER AUTHORITY, OF THE PERIOD OFYOU WILL - RETURN TO THE PLACE AND BE RELEASED FROM SUCH DUTY.
PERIOD: 12 DAYS PLUS ALLOWABLE'. TRAVEL TIME REPORT T O: HQ SUPPORT ACTIVITY USAINSCOM FT MEADE MD 20755 06 J LN 83 -
REPORTING DATE: BETWEEN 0730 I AFM-S E 080FOD-I 0'FT HRMEADE S MD 20755 ATT ACHED TO: HQ'INSCOM ATTN (COUNTERP ART MOBILIZATION TRAINING)
PURPOSE: SPEC RSCH PROJ P AYMENT BY' FT KNOX F 6 AO. 0VTY IN C IVILI A ADDITIONAL INSTRUCTIONS:C ALL 1-800-325-4988 IF YOUOER AREREQ UNABLEPERTO ARCOMPLY 623-105,.
- ATTIRE DIRECTED.WITH THIS ORDER. V EHICLE RENT AL NOT' AUTH.AG FWD TO CDR RCPAC ATTN: '
-
- TO S15014. P IPL: MS1151A . HOR: SAME AS SNL $68)
FOR ARMY USE: AUTH: ADT-10 USC 672(D)683( A) (1)
ACCT CLAS: 2132070 ) (2199- 11-7300 $226) P3281.3 - s n000A n- ) V 5 i ' 2 2(oAXB S23185
) ( 1199 SEX: M
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(1210- 1 (2572- P EBD: 10 APR 67 WTY CL: SECRET ]
PPN: NA COMP: USAR TYTR: 100
- ; ' DOR: 01 NOV 72 SITE: 700247 t J ', ~
cFORMAT: 260 p.xx RONALD W. ZELTMA N
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" DISTRIBUTION: 1A
[ HQ INSCOM ATTN I AFM-SFOD-I FT MEADE MD 20755 6A i-PACKET
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' ATTACEMENT 2_ e DEPARTMENT GF THE ARMY OFFICE OF THE ADJUT ANT GENERAL U.S. ARMY RESERVE COMPGNENTS SI. LOUIS, MOPERSONNEL 63132 AND ADMINISTRATION CEN 02 JUN 83 AGUZ-OP-0235-C ORDERS T-0 6- 31753 6 522 56 7261 CPT IN 48 ESP 5G DONALD ART HUR HENKE USAR CON GP RE 704 F AIRFIELD ROAD NC 28303 F AY ET T EV ILLE
( A DT ) FCR THE PERIOD SHOWN.
YOU ARE ORDERED TO ACTIVE DUTY ADT, FOR TRAININGUNLESS SOONER R ELEASE ADT UPCN COMPLETION OF THE PERIOD OFBY PROPER AUTHORITY, YOU hlLL RE AND BE RELEASED FROM SUCH DUTY.
PE RI OD : 13 DAYS PLUS ALLOWABLE TRAVEL TIME (RAO) -
REPORT TO: BLDG 310 RESERVE AFFAIRS OFFICE FT PICKETT VA 23824 REPORTING DATE: 8 ETW EEN 0730 & 0800 HRS 14 AUG 83 ATTACHED TO: UNIT TNG DIR USALOGC FT PICKETT V A 23824 ADVANCE, IF AUTH PURPOSE: LOGEX PSYOP OFF (MOBIL IZAT ION TRAINING)
ADDIT ION AL INS TR UC TI ONS:CAL PAYMENT BY FT LEE L 1-800-325-49 IF YOU ARE UNABLE 88 FEAO.
WILL BE CHARGE 0 TO S44055.
TO LOMPL Y WITH THI$aDROER. SREAK IN TVL OER REO PER TIME TO/FM HOR AR 623-105, FWDNOT AUTH TO CDR TLXT383 WITHOUT RCPAC AT TN:PRIOR WRITTFt1 APVL.AGUI-P Ah-E. VEHICLE RENT AL ' NOT A
. ... SUPPORT... L s741
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FOR ARMY USE: AUTH: ADT-10 USC 672(D )683( A) (1)
ACCT CLAS: 2132070 11-7300 P3281.4000F(FXAG 1"' :. e$1398)(12sn-
)(1199- v- s44 top (1210- ) (25T2- 1 (2199- $146) (2119- 5 CTY DL: SECRbT tFIN AL) _sd PPN: NA APR 67 SEX:
COMP: USAR PE8D: 10 TYTR: ADI 'I An 500 00R: 01 NOV 72 SITE: 100358 HOR: SAME AS SNL FORMAT: 260 I RONALD k. ZELTMAN
- bN i 0NUkLOGCFT PICKETT VA 23824 CDR, USA LUGISTIC CNTR ATTN: ATCL-DRR FT LEE VA 23801 TRADOC ATTN: ATPL-PR FT MONROE VA 23651 CDR, PACK ET 6 A e
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0' .
CERTIFICATE OF SERVICE I hereby certify that copies of this filing were served to the following Modified Service List (Security Contentions) on this N day of ,19,$3 by deposit in the United States
)
mail, first class postage prepaid, or by hand-delivery, to the following:
2-James L. Kelley Richard E. Jones Atomic Safety and Licensing Board Vice President and Senior Counsc US Huclear Regulatory Commission Carolina Power & Light Company
' Washington, D.C. 20355 PO Box 1551 Raleigh,'NC 27602 Glenn O.. Bright Atomic Safety and Licensing Board US Huclear Regulatory Commission Washington, D.C. 20555 Dr. James H. Carpenter
. Atomic Safety and Licensing Board US Huclear Regulatory Commission Washington, D.C. 20355 Docketing and Service Section Office of the Secretary US Nuclear Regulatory Commission Washington, D.C. 20555 ,
f r-f:*
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Charles-A. Barth.
1 Myron Karman John D. Runkle
- Office of Executive Legal Director Attorney-at-Law US Nuclear Regulatory Commission Counsel for Joint Intervenors Washington, D.C. 20555 ,
(Security Contentions) l Ruthanne G. Miller Atomic Safety and Licensing Board US Nuclear Regulatory Co= mission Washington, D.C. 20555 Thomas A. Baxter John H. O'Neill, Jr.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C. 20036
. . - _ , . . ___