ML20079L924

Proposed Schedule for Remainder of Licensing Proceeding Re Intervenor Contentions on Environ,Safety & Emergency Preparedness.Certificate of Svc Encl

ML20079L924
Person / Time
Site:	Harris
Issue date:	02/17/1983
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
ISSUANCES-OL, NUDOCS 8302230496
Download: ML20079L924 (7)

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f February 17, 1983 v

CC]jETED UNITED STATES OF AMERICA '

NUCLEAR-REGULATORY COMMISSION

'83 EB 22 P1 :06 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

• Mi & F;E6 &c In the.Jatter of )

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

)

, (Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

1 APPLICANTS' PROPOSED SCHEDULE In a recent telephone conference with the parties, the Atomic Safety and Licensing Board invited the parties to submit, by February 17, 1983, proposed schedules for.the remainder of the proceeding. .See Memorandum (Memorializing Conference Call.

of January 21, 198 3) , .Jariuary 25, 1983, at 2-3. Applicants Carolina Power & Light Company and North Carolina Eastern i

I Municipal Power Agency herein submit their proposed schedule.

Applicants' proposed schedule is based, in part, on the licensing schedule approved by the NRC Division of Licensing, and transmitted in the letter of February 9, 1983, from  :

Thomas M. Novak (NRC) to E. E. Utley (CP&L) . Unlike that particular schedule, however, which suggests a single hearing and Board decision, Applicants' proposed schedule follows the well accepted agency practice of grouping major classes of issues and deciding them as soon as they are ripe. We propose  ;

that there be three hearings to address the intervenors' l

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l 8302230496 830217 PDR ADOCK 05000400 0 PDR Wgo$  ;

contentions: (1) environmental matters; (2) safety matters; l/

and (3) emergency preparedness matters. J Environmental Contentions Applicants propose that the following currently admitted intervenor contentions fall within the Commission's NEPA jurisdiction and should be heard following completion of the NRC Staff's environmental review:

- Joint Contention II (CANP 5)

- CCNC 4, 12 and 14

- CHANGE 9 and 79 (c)

- Wilson Ia-d, I(e)-(f4), I(g) , and IVC

- Eddleman 15, 22A & B, 2] & 30 (CANP 6) , 37B (CANP 5),

75, 80, 83 and 84 Applicants propose that the foregoing contentions, and any other environmental contentions subsequently admitted, be

-adjudicated on the following schedule:

June 30, 1983 -- Last day for filing discovery requests on contentions currently admitted by ASLB.

July 29, 1983 -- Last day for filing responses to discovery on contentions currently admitted by ASLB.

90 days after relevant ASLB order admitting contentions -- Last day for filing discovery requests on new/deferrod contentions based on NRC Staff's draft environmental statement.

1/ ' Applicants recognize that several intervenors are attempting to adjudicate-physical security plan issues. If a contention on that subject is admitted eventually, this would be yet a fourth distinct (and in camera) hearing. It would be premature, however, to consider a schedule before it is determined whether

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or not such a hearing will be held.

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'120 days after relevant ASLB order admitting ,

contentions -- Last day for filing responses to discovery on new/ deferred contentions based on NRC Staff's draft environ-mental statement.2/

September 1, 1983 -- Last day for filing motions for summary disposition.

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September 26, 1983 -- Last day to answer any motions for summary disposition.

October 24, 1983 -- Board ruling on any motions for summary disposition.

November 14, 1983 -- Filing of direct written testimony.

December 5,_1983 -- Commencement of hearing.

Safety Contentions Applicants propose that the following currently admitted intervenor contentions go to hearing following the issuance of the supplement to the Staff's safety evaluation report:

- Joint Contentions I (CANP 3) , IV, V, VI, and VII (CANP 2 -- part-(2) only)

- CHANGE 44

- Wilson III

- Eddleman 9, 11, 41 (CANP 4), 45, 64 (f) , 65, 67 116 and 132 Applicants propose that the foregoing and any subsequently admitted safety contentions be adjudicated on the following schedule:

February 15, 1984 -- Last day for filing discovery requests.

March 16, 1984 -- Last day for filing responses to discovery requests.

April 16, 1984 -- Last day for filing motions for summary disposition.

2/ Applicants, Kudzu, CCNC and CHANGE /ELP have agreed to this schedule up to and including this entry.

7 May 11, 1984 -- Last day to answer any motions for summary disposition.

June 11, 1984 -- Board ruling on any. motions for summary disposition.

July 9, 1984 -- -Filing of direct. written testimony.

July 30, 1984 -- Commencement of hearing.

Emergency Preparedness Contentions.

There are no currently admitted emergency preparedness contentions. Given the interest, however,aof several inter-venors, and the likelihood that one or more proposed contentions will meet the requirements of 10 C.F.R. 5 2.714 and be admitted by the Board, Applicants believe that it is prudent to plan tentatively for the adjudication of' emergency preparedness

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issues. Assuming that draft off-site plans'become available in December, 1983 (and that the draft on-site plan is available as well), Applicants propose the following tentative schedule:

January 30, 1984 -- Filing of proposed emergency ~

-preparedness contentions.

( February 17, 1984 -- Filing of responses by Applicants l and Staff to intervenor proposed

! contentions.

i March 16, 1984 -- Board ruling on proposed contentions; I discovery begins.

7 June 15, 1984 -- Last day for filing discovery requests.

l July 16, 1984 -- Last day for filing responses to discovery.

August 31, 1984 -- Last day for filing any motions i

for summary disposition.

f September 25, 1984 -- Last day to answer any motion'for summary disposition.

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p October l9', 1984 -- Board ruling on any motions for-summary disposition.

November:12, 1984 -- Filing of direct written' test

• mony.

December 3, 1984 -- Commencement of' hearing.

Respectfully submitted, a 4 _

~ George F. Trowbridge, P.C.

Thomas A. Baxter, P.C.

John H. O'Neill, Jr.

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: February 17, 1983 l

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

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(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Proposed Schedule" were served this 17th day of February,.-1983, by

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

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Thomas A. Baxter, P.C.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY kND LICENSING BOARD In'the Matter of )

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

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atanic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Cannission 307 Granville Road Washington, D.C. 20555 Chapel Hill, North Carolina 27514 Mr. Glern O. Bright M. Travis Payne, Esquire Atonic Safety.and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Ccnmission P.O. Box 12643 Washington, D.C. 20555 Raleigh, North Carolira 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atcmic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Ccnnission Apex, North Carolina 27502 Washington, D.C. 20555 Mr. Wells Eddlenan '

Charles A. Barth, Esquire 718-A Iredell Street Myron Kar: nan, Esquire Durhan, North Carolina 27705 Office of Executive legal Director U.S. Nuclear Regulatory Ccmnission Ms. Patricia T. Newnan Washingtcn, D.C. 20555 Mr. Slater E. Newman Citizens Against Nuclear Power Docketing and Service 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 Po w r & Light Canpany Chapel Hill Anti-Nuclear Group Effort P.O. Box 1551 P.O. Box 524 Raleigh, North Carolina 27602 Chapel Hill, North Carolina 27514 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, Scrth Carolina 27514