ML20087D614

Response Opposing W Eddleman 840307 Motion to Allow Filing of Affidavit of Jo Blackburn.Good Cause Undemonstrated. Certificate of Svc Encl

ML20087D614
Person / Time
Site:	Harris
Issue date:	03/09/1984
From:	Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20087D572	List: ML20087D570 ML20087D614
References
OL, NUDOCS 8403130459
Download: ML20087D614 (6)

Text

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'9111f DOCKETED USNPC March 9, 1984

'84 MAR 12 A1142 UNITED STATES OF A)MILIC# :m ,,.

NUCLEAR REGULATORY COMMISSIONM W BR AZH BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' RESPONSE TO WELLS EDDLEMAN'S MOTION TO ALLOW FILING OF AFFIDAVIT OF DR. GOHN O. BLACKBURN Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby file their response in opposition to Wells Eddleman's " Motion to Allow Filing of Affidavit of Dr. John O. Blackburn Concerning Wells Eddleman's 2.758 Petition

& Affidavits," dated March 7, 1984.

On June 30, 1983, Mr. Eddleman filed a " Petition Under 10 C.F.R. 2.758 Re Alternatives and Need for Power. Rule" with supporting affidavits. In August 1983, Applicants and the Staff responded.~1/

In a telephone Conference call on September 22, 1983, the Board en-tertained Mr. Eddleman's arguments in support of his request to file a reply to Applicants' and the Staff responses to his original petition.

Tr. 657-60.

1/ "NRC Staff Response To Intervenor Wells Eddleman's Petition for a Waiver Pursuant to 10 C.F.R. S 2.758," dated August 26, 1983; "Appli-cants' Response to Eddleman Petition Under 10 C.F.R. S 2.758 Re Alter-natives and Need for Power Rule," dated August 31, 1983.

8403130459 840309 PDRADOCK05000pgg Q

'!Illi The Board Chairman stated that Mr. Eddleman did not have a right to reply to the responses to the S 2.758 petition. Tr.

658. Mr. Eddleman asked permission, nevertheless, to file an affidavit of Dr. Reeves "to correct some of the mathematical errors in the original petition." He also asked to file limited argument to point out where in previously filed a:ffidavits argu-ments made by the Staff and Applicants were addreseed. Tr. 659.

The Board Chairman granted Mr. Eddleman permission to file a "short" reply, consisting of "perhaps an additional argument and some corrections." Mr. Eddleman was given until September 30, 1983 to file his short reply. Tr. 660. See " Wells Eddleman's Response re 2.758 Petition ..." dated September 30, 1983.

Now five months later, Mr. Eddleman wants to file an affidavit ,

which purports to endorse affidavits previously filed by Mr. Eddleman and offers additional analysis. While Mr. Eddleman promised to file Dr. Blackburn's affidavit "as soon as practicable" at footnote 1 of nis September 30 Response, the filing of such an affidavit was never authorized by the Board in the September 22, 1984 conference call.

In fact, Mr. Eddleman never mentioned Dr. Blackburn in the conference call.

Dr. Blackburn's affidavit does precisely what the Board would not permit Mr. Eddleman to do in September 1983 -- provide new infor-mation. Finally, Mr. Eddleman does not demonstrate good cause for this untimely filing. He only explains why he could not obtain the affidavit earlier. He makes no showing that it is essential to his petition.

For all of the above reasons, Mr. Eddleman's Motion to Allow Filing of Affidavit of Dr. John O. Blackburn must be denied.

esp ctfu ly sp mitt ,

e A c-Tho s A. Baxter, P.C.

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

SHA , PITTMAN, POTTS & T WBRIDGE 1 0 M Street, N.W.

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

l l

1 j Dated: Farch 9, 1984 I

s 00U ETEP UNITED STATES OF AMERICA '980 NUCLEAR REGULATORY COMMISSION 14 MR 12 41:42 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-403 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' Response To Wells Eddleman's Motion To Declare Applicants' Motion For Summary Disposition Of Contention 15AA Untimely" and " Applicants' Response To Wells Eddleman's Motion To Allow Filing Of Affidavit Of Dr. John O. Blackburn" were served this 9th day of March, 1984, by deposit in the U.S. mail, first class, postage prepaid upon the parties on the attached Service List and hand-delivered to the parties marked with an asterisk on the Service List.

I

'f , x, -

Joh H. O'Neill, Jr. /

Dated:- March 9, 1984 k

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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

• James L. Kelley, Escuire John D. Runkle, Esquire Atcmic Safety and Licensing Board Conservation Council of North Carolira

. U.S. Nuclear Regulatory Ccmnission 307 Granville Road Washington, D.C. 20555 Chapel Hill, North Carolina 27514

• Mr. Glenn O. Bright M. Travis Payne, Esqulre Atmic Safety and Licensing Board Edelstein aM Payne U.S. Nuclear Regulatory Ccmnission P.O. Box 12ti07 Washington, D.C. 20555 Raleigh, North Carolina 27605

• Dr. Janes H. Carpenter Dr. Richard D. Wilson Atanic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regult, tory n=iasion Apex, North Carolina 27502 C shington, D.C. 20555 Mr. Wells Eddlernan Charles A. Barth, Esquirt 718-A Iredell Street Janice E. Moore, Esquire Durhan, North Carolira 27705 Office of Executive Legal Director ,

U.S. Nuclear Regulatory Ccmnission Richard E. Jones, Esquire Washington, D.C. 20555 '

Vice President aM Senior Counsel Carolina Pcwer & Light Ccrepany Docketing and Service Section P.O. Box 1551 Office of the Secretary Raleigh, North Carolina 27602 U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555 Dr. Phyllis Ictchi.n 108 Bridle Run Mr. Daniel F. Read, President Chapel Hill, North Carolina 27514 CHANGE /EIP

5707 Waycross Street Dr. Linda W. Little Raleigh, North Carolina 27606 Governor's Waste Maragement Sc,ard 513 AL%rle Building 325 North Salisbury Street Raleigh, North Carolina 27611

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f Bradley W. Jones, Esquire U.S. Nuclear Regulatory Ccmission Region II 101 Marrietta Straet Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ccmission Washington, D.C. 20555 Mr. Robert P. Gruber Executive Director Public Staff - DCUC P.O. Box 991 Raleigh, North Carolina 27602

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