ML20087F522

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Forwards Applicant & NRC Joint Motion to Withdraw Contentions 2,3 & 6 Re Security Plan.Agreement Exchanged Resolving Issues
ML20087F522
Person / Time
Site: Harris  
Issue date: 03/14/1984
From: Sean Flynn
CAROLINA POWER & LIGHT CO.
To: Bright G, Carpenter J, Kelley J
Atomic Safety and Licensing Board Panel
Shared Package
ML20087F525 List:
References
OL, NUDOCS 8403190137
Download: ML20087F522 (2)


Text

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4 00t FETEI' Carolina Power & Light Compalif POST orTICE box 1531 Raleigh, North Carolina 27602 '84 hAR 16 N0 :36 LtcAL DEPARTMENT Writer's Direct Dial Ember f ' M E SL'.M,

EP (919) 8% - 47n7 h00dEig March 14,1984 Telecopier (919) 8M-7678 i

i James L. Kelley, Esquire Mr. Glenn O. Bright Chairman Atomic Fafety ud Licensing Board l

Atomic Safety and Licensing Board U.S. Reguiswy Commission U.S. Nuclear Regulatory Commission Washington, D C. 20555 Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety end Licensing Board U.S. Nuclear Regulatory Comission Washington, D.C. 20555 In the Matter of Carolina Power & Light Company and North Caroline Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant, Units 1 and 2)

Docket Nos. 50-400 and 50-401 OL

'l RE: Agreement for Resolution of Security Plan Contentions 2,3 and 6 Administrative Judges Kelley, Bright and Carpenter:

By a pleading entitled " Contentions Arising From Review of Applicants' Security Plan" dated September 6,1983, Intervenors Conservation Council of North Carolina, Wells Eddleman and Kudzu Alliance (Intervenors) proffered six Contentions relating to the adequacy of Applicants' Security Plan for the Harris plant. Applicants opposed admission of the proffered Contentions.

The NRO Staff proposed Contentions with the exception of Contention 3.glso opposed admission of th On November 4,1983, the Intervenors filed "Intervenors' Response to Applicant and NRC 5.taff-Response to Intervenor Security Contentions" in whica they withdrew proposed Contentions 1 and 5 and mnde additional argument with respect to proposed Contentions 2,3,4 and 6.

1 lApplicants' Response to Intervenors' Contentions Arising From Review of Applicants' Security Plan, September 29, 1983.

2NRC Staff Response to Intervenors Proffered Contentions of Applicants' Security Plan, September 29,1903.

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By Memorandum and Order (Ruling on Security Contentions), January 19,1984, this Board admitted Contentions 2,3,4 and 6. Since the issuance of that Order, Applicants, Intervenors and the NRC Staff have exchanged information and engaged in discussions with a view towards resolving the admitted Contentions by means of an agreement among them. At this time, the parties have, in fact, reached agreement for resolution of Coritentions 2, 3 and 6.

This Agreement has been reduced to writing and is being transmitted in accordance with the procedures appropriate for Safeguards Information set forth in the Board's Protective Order Governing Access to Security Plan Information, August 3,1983.

The Agreement reflects the agreement of the parties based upon information provided to Intervenors' Counsel by Applicants and the NRC Staff, as well as upon certain commitments which Applicants have made with respect to the Shearon Harris Nuclear Power Plant Security Plan. Applicants hcVe made such commitments in the spirit of cooperation and negotiation without conceding the merit of any of the Contentions. Pursuant to the Agreement and in consideration of the information and commitments provided, the Intervenors are joining with Applicants and Staff in filing concurrently herewith a motion to withdraw Contentions 2,3 and 6.

Sincer ly, wwY tma Samantha Francis Flynn Associate General Counsel SFF/dit i

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