ML20080J856
| ML20080J856 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 02/10/1984 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., NORTH CAROLINA MUNICIPAL POWER AGENCIES, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8402150219 | |
| Download: ML20080J856 (6) | |
Text
4 February 10, 1984 UuCKt!LD UNITED STATES OF AMERICA U.i:RC NUCLEAR REGULATORY COMMISSION T4 FB 14 A10:48 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFil.i 5.
7tio 00CKEithu & SLPV In the Matter of
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BRANCH
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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
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
APPLICANTS' COMMENTS ON THE BOARD'S TENTATIVE SCHEDULE FOR THE EVIDENTIARY HEARING ON ENVIRONMENTAL ISSUES AND FOR A PREHEARING CONFERENCE In its Memorandum and Order (Ruling on Motions for Summary' Disposition of Health Effects Contentions:
Joint Contention II and Eddleman Contentions 37B, 8F (l) and 8F (2)) at 51 (Jan. 27, 1984), the Board announced that it:
is setting a tentative evidentiary hearing beginning date on the environmental issues for June 5, 1984.
We are also scheduling a prehearing conference for May 1, 1984.
Any party should advise the Board by February 10, 1984 if these dates are not acceptable, and alternative dates should be proposed.
Applicants are available for a prehearing conference on May 1, 1984.
The tentative hearing schedule of June 5, 1984, however, presents difficulties as it relates to a hearing on Joint Contention II(a).
As Applicants advised the Board's law clerk, Applicants' radiological health effects consultant, Dr. Fabrikant, will be out of the country from May 10 through June 3.
Consequently, while it may be physically possible for DR O
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PDR 4 03
Dr. Fabrikant to be at the hearing on June 5, he would not be available to assist Applicants in their preparation for hearing, including the cross-examination of other witnesses.-1/ June 19 would be the alternative date Applicants propose for a hearing on Joint Contention II(a).-2/
Finally, Applicants wish to advise the Board that they are examining the possibility of filing a motion for clarification and reconsideration of the Memorandum and Order which, if filed, will be submitted no later than February 24, 1984.
While Applicants are anxious to achieve finality on the issues to be tried, we have serious concerns with several aspects of the Memorandum and Order and, owing to the complexity of the issues, may not be able to seek relief on an earlier schedule.
At that time, Applicants will also be in a position to comment further on the schedule.-3/
Respectfully submitted, Wr : =
4 Thomas A.
Baxter, P.'C.
Deborah B.
Bauser SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1090 1/
The Board's Order did not suggest a schedule for filing testi-mony, but we assume that would be set for early to mid-May.
2/
There are other-environmental issues which could be ready Tor hearing on June 5 if they are not decided earlier by summary disposition -- e.g., Eddleman 8F (l), 15AA, 83/84B; Joint II(c) and (e).
3/
Today Applicants received " Wells Eddleman's Requests for Clari-fication of, and Objections to, Board Order of l~27-84" and " Joint i
Intervenors' Response to Board Order Served Jan. 30 (Rut ng on Summary Disposition on Joint Contention II etc.)," both cated February 6, 1984.
With the Icard's indulgence, Applicants (Footnote continued)
.m
Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 26602 (919) 836-7707 Dated:
February 10, 1984 I
(Footnote cont'd.)
4' 3/
prcpose to file any response they have to these pleadings at the same time Applicants file any motion for clarification and reconsideration.
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h 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
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Comments on the Board's Tentative Schedule for the Evidentiary Hearing on Environmental Issues and for a Prehearing Conference" were served this 10th day of February, 1984, by deposit in the U.S._ mail, first class, postage. prepaid, upon the parties on the attached Service List.
AA Thomas A.
- Baxter, P.C.
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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
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)
)
SERVICE LIST Jzunes L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Ccmnission 307 Granville Road Washington, D.C.
20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atcmic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Ccanission P.O. Box 12607 Washington, D.C.
20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atcmic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Cottnission Apex, Ibrth Carolina 27502 Washington, D.C.
20555 Mr. Wells Eddlanan Charles A. Barth, Esquire 718-A Iredell Street Janice E. Moore, Esquire Durham, North Carolina 27705 office of Executive Legal Director U.S. Nuclear Regulatory Ccmnission Richard E. Jones, Esquire Washington, D.C.
20555 Vice President and Senior Counsel Carolina Power & Light Canpany i
Docketing and Service Section P.O. Box 1551 l
Office of the Secretary Raleigh, North Carolina 27602 U.S. Nuclear Regulatory Ccmnission I
Washington, D.C.
20555 Dr. Phyllis Ictchin i
108 Bridle Run Mr. Daniel F. Read, President Chapel Hill, tbrth Carolina 275;4 CHANGE /ELP 5707 Waycross Street Dr. Linda W. Little Raleigh, North Carolina 27606 Governor's Waste Management Board 513 Albanarle Building 325 North Salisbury Street Raleigh, North Carolina 27611 l
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Bradley W. Jones, Esquire U.S. Nuclear Regulatory Cannission Region II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ccunission Washington, D.C.
20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina -27602 f
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