ML20079M615

Response Opposing Applicant 840103 Motion to Resume Discovery on Joint Contentions I & Vii.Response Timely Filed.Discovery Should Resume by 840301.W/Certificate of Svc.Related Correspondence

ML20079M615
Person / Time
Site:	Harris
Issue date:	01/23/1984
From:	Read D JOINT INTERVENORS - SHEARON HARRIS
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8401270375
Download: ML20079M615 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF

n & SEChi l' CCCdETihG & SEW BEFORE THE ATOMIC SAFETY AND LICENSING BOAED WD Glenn O. Bright Dr. James H. Carpenter -

James L. Kelley, Chairman

)

In the Matter of )

) Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al. ) 50 401 OL (Shearon Harris Nuclear Power Plant, 1 Units 1 and 2) January 23,.1984 JOINT INTERVENORS' RESPONSE TO " APPLICANTS' MOTION TO RESUME DIS 0VERY ON JOINT CONTENTIONS I AND VII" On 3 January 1984 Applicants served the above-titled motion, requesting that discovery resume immediately on the indicated contentions. They request that 15 March 1984 be set as the last date for filing discovery requests on the two contentions involved. For the reasons set out below, Joint Intervenors hereby respond and oppose said motion, asking for alternative relief as the Board shall see fit.

1. First, Joint Intervenors would like to address sev-eral misconceptions apparent in Applicants' motion. Applicants contend that three of the four Joint Intervenor~ organizations have counsel representation; although it is true that Daniel F. Road, on behalf of CHANGE /BLP, has now successfully com-plSted law school and passed the North Carolina Bar, he also has a full-time position with the North Carolina Court of Appeals. Therefore he has not entered an official appearance in this case as his time is and will remain limited. App-l licants, with their virtually unlimited resources to pay and

! support full-time legal staff, seriously mischaracterize the nature of Read's ability to take part in this proceeding.

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2. More' importantly, Applicants seem to imply that "because ther.e are four parties sponsoring the Joint Con-tentions," Aunlicants' Motion at 4, Joint Intervenors are somehow better able to respond quickly to Applicants' dis-covery requests and prepare their own discovery. On the contrary, Joint Intervenors contend, and the Board must as a matter of common sense and rudimentary justice recognize, that Joint Interrenors as a result of having to coordinate their positions and resolve individual concerns will prob-ably be much less likely to meet the deadlines set out in the Board's order. Joint Intervenors do not intend in any way to suggest that they do not treat the Board's ordeg seriously, but must again in light of the vast disparity in resources in this case ask the Board's forgiveness for their past " sins" and ask the Board to look kindly on their efforts in the future.

, 3. Joint Intervenors would respectfully point out to the

-Board that the reason that there are Joint Interrenors here is not necessarily that there be a " pooling of resources,"

as it were, but as much for the Board's convenience in decid-ing these important issues and for the Applicants' in re-sponding to them.

4. Finally, Joint Intervenors would respectfully point out to the Board that the reason that there are Joint Inter-venors as to these issues, and the reason that these issues were in fact raised by each of the four Joint Intervenors participating in these proceedings, is that these are precise-ly the issues of most serious concern. The tw) contentions addressed by Applicants' Motion, management and steam gener-ators, represent the single most important overall concern and the most likely safety problem at the Shearon Harris plant. Therefore Joint Intervenors would ask the Board that it avoid any appearance of " rushing" the schedule on these contentions.

THEREFORE, for the foregoing reasons, Joint Intervenors do hereby respectfully ask the Board for the following L

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(1) That this response be deemed timely filed; (2) That the hoard deny the Applicants' motion as titled above; and (3) That the Board allow and order discovery to resume with respect to these two contentions to begin on 1 March 1984 or at such earlier date as the Board may deem appropriate, but in no event earlier than 15 February 1984,and that all time -periods be tolled for at least 15 days during any hearing.

Respectfully submitted, J

DabelF. Read 5707 Waycross Street

. Raleigh, NC 27606 For Joint Intervenors CHANGE /ELP GCNC Kudzu Alliance Wells Eddleman This the M day of January, 1984 F

VERIFICATION I, Daniel F. Read, have read the foregoin]" Response" arit all statements of contained thereingare true a correct o t ,he best my knowledge.

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This the day of January,1984. /

Da'Tliel F. Hesd STATE OF NORTH CAROLINA COUNTY OF WAKE I,Ibbbiel. bene 3(Truelood , Notary Public for the State and County aforesaid, do hereby certify that DANIEL F. K?AD did appear before me and execute the foregoing, this SHhday of January, 1984.

My commission expires A-3 -86 OcW1 WPublic Notary (Lwkooc.)

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UNITED STATES OF AMERICA Jh:,

NUOLEAR REGULATORY COMMISSION In the Matter of CAROLINA POWER & LIGHT CO. ) Do <e@ 26 g(,

400, etal.,ShearonHarrisNuclearPlant, Units 1&2f50,y%i%;;, h CERTIFICATE OF SERVICE $$dC .

I'hereby certify that copies of -

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AMto I, I.*miw; O U usvy se .bM Gnf/(d@e fern $d this 24th day l

of dio.e , 198 4 , by deposit in the U.S. Mail, first-class postage prepaid, upon all parties whose names appear

below, except those whose names are marked with an asterisk, for whom service was accomplished by had hlwve s o rtd b W l b e t-e vag p/sh,9,g Ces \\, hy c(t pu) ct a n n kt n't:u jownwrct James Atomic L. Kelley,& Licensing BoardEsq./Mr. Glenn O. Bright(one Safety /Dr.each)

James Carpenter U.S. Nuclear segulatory Commission Washington, DC 205$5 Office of the Executive I.egal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and. Service Section Tf1001M bhKG( b7 '

Office of the Secretary U.S. Nuclear Regulatory Commission gppd Washington, DC 20555 IffD O M ST h M

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Mr. John D. Runkle Dr. Phyllis Lotchin Conservation Council of North Carolina 108 Bridle Run 307 Granville Road Chapel Hill, NC 27514

l. Chapel Hill, NC 27514 M. Travis Payne, Esq. Mr. Wells Eddleman T Edelstein and Payne 718-A Iredell Street P.O. Box 12463 Durham, NC 27705 Raleigh, NC 27605 Dr. Richard D. Wilson Patricia / Slater Newman

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CANP i

Apex, NC 27502 2309 Weymouth Ct.

Raleigh, NC 27612 I'Cmd(litik4f L 3,,i, w.sm up 6. .A Sa Mbe wie May 32 f N 5dukurg M  % A I7'(,4 g y( l H\t Daniel F. Read l; Fruihnt i

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