ML20084K772

Statement of Matl Facts as to Which There Is No Genuine Issue.Related Correspondence

ML20084K772
Person / Time
Site:	Harris
Issue date:	05/08/1984
From:	Patricia Anderson CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20084K435	List: ML20084K430 ML20084K457 ML20084K772 ML20084K784
References
OL, NUDOCS 8405140182
Download: ML20084K772 (4)

Text

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-5 Cu a cu;gn.3, v, _,,.;c l- g. May 8, 1984 i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

, BEFORE THE ATOMIC SAFETY AND LICENSING BOKRD(ETED

- ARC In the Matter of )

! D % II A11:17 CAROLINA POWER & LIGHT COMPANY )

and NORTH CAROLINA EASTERN ) .

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MUNICIPAL POWER AGENCY ) Docket Nos. h

) 50-4 01' A6Cf (Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' STATEMENT OF MATERIAL FACTS

• AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON EDDLEMAN 67 Pursuant to 10 C.F.R. S 2.749(a), Applicants state, in support of their Motion for Summary Disposition of Eddleman 67 in this proceeding, that there is no genuine issue to be heard with respect to the following material facts:

1. The Southeast Interstate Low-Level Radioactive Waste Management Compact (the " Southeast Compact" or the " Compact")

was proposed to Congress for Consent on August 3, 1983. Affidavit of George H. Warriner ("Warriner Affidavit") at 15.

2. The Compact has been ado-ted by the eight states, including North Carolina, that are eligible to become members.

Id. at 14.

3. The Southeast Interstate Low-Level Radioactive Waste Management Commission (the " Commission") was constituted on July 21, 1983. Id. at 16.

8405140182 840509 PDR ADOCK 05000400 0 pg e

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4. The Commission has appointed a Technical Advisory Committee to develop, by the end of May, 1984, a Request-For-Proposal ("RFP"), to perform a state-by-state survey of Compact members to' determine the amount and type of disposal facilities needed by each member state and to identify areas in each state that could be used for each type of facility. Id. at 16(d).

5. The Commission has appointed a Host State Selection Committee which is charged with developing criteria for selection

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of the next host state. Id. at 116.

6. Applicants intend to ship the low-level radioactive wastes generated at the Harris Plant to the disposal facilities designated by the Compact. Id. at 17.

7. The existing operating low-level waste disposal facility at Barnwell County, South Carolina, has been designated as the initial disposal facility for the Southeast Compact. Id.

8. As presently licensed, the Barnwell facility will have accessible storage capacity available through 1992. Id.

9. Applicants presently ship low-level wastes generated at their nuclear plants to the Barnwell facility and will continue to do so after Congressional consent to the compact, due to the fact that North Carolina is a compact member. Id.

10. The State of North Carolina has enacted its own en-abling legislation creating the Governor's Board of Waste Manage-ment that is empowered to develop a plan for North Carolina

low-level waste disposal facilities independent of the Compact. Id.

l at'18.

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11. As designed, the Harris Plant has dedicated storage l space in the Waste Processing Building for seven months ' output of solid low-level radioactive wastes. Id. at 111.  ;

12. An additional seven months ' space can be made available in the Waste Processing Building by moving empty drums to .

the outside of the building, thus making room for storage of 3 drums containing low-level wastes. Id. at 112.

13. Additional space in the Waste Processing Building is -

t available due to the fact that the building was designed for four  ;

. units, rather than for the one unit that is now planned for 5

construction. Id. at 113.

14. The Waste Processing Building contains storage space

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for 4.3 years accumulation of low-level wastes. Id. at 114.

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15. Because the Waste Processing Bui.lding is seismically  ;

i designed with a complete HVAC system, drains and access to process

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equipment, the facility satisfies all regulatory requirements [

for on-site storage of low-level radioactive wastes. Id.

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16. The foregoing facts, set forth at Paragraphs 1-15, provide reasonabic assurance that the low-level radioactive wastes generated at the Harris Plant will be disposed of in a manner consistent with public health and safety.

Respectfully submitted, Thomas A. Baxter, P.C.

John H. O'Neill, Jr., P.C.

Pamela H. Anderson SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 and Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-7707 Counsel for Applicants Dated: May 8, 1984

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