ML20092D952

Response Opposing W Eddleman 840605 Motion to Reinstate Contention 58(2d) Re Financial Qualifications.Certificate of Svc Encl

ML20092D952
Person / Time
Site:	Harris
Issue date:	06/19/1984
From:	Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8406220218
Download: ML20092D952 (6)

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4 .D June 19, 1984 Sf[h;U UNITED STATES OF AMERICA '84 Jl#121 P224 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 )

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(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' RESPONSE TO WELLS EDDLEMAN'S MOTION TO REINSTATE CONTENTION 58(2d)(FINANCIAL QUALIFICATIONS)

Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby reply to Inter-venor Wells Eddleman's " Motion to Reinstate Contention 58(2d)(Financial Qualifications)," dated June 5, 1984.

The Board previot ly rejected Contention 58(2d)(regarding the financial qualification of small owners of the Harris Plant) as barred by 10 C.F.R. S 2.104, as amended, 47 Fed. Reg.

13,750 (1982). LBP-82-119A, 16 N.R.C. 2069, 2099 (1982). In March of this year, the Board rejected a motion by Mr. Eddleman for reconsideration of its earlier ruling. Tr. 776-77 (March 8, 1984 Conference Call). Mr. Eddleman now argues that "the D.C. Circuit Court of Appeals issued its mandate striking down the NRC's deletion of financial qualifications from NRC B406220218 840619 PDR ADOCK 05000400 -

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Ik proceedings." Thus, Mr. Eddleman asserts "the Court's mandate invalidates the rule of 1982 by which the NRC removed the fi-nancial qualifications issue from consideration, and therefore, a motion to reinstate contention 58(2d) is in order."l/

Subsequent to Mr. Eddleman's Motion, the Commission issued a Statement of Policy on Financial Qualifications. 49 Fed.

Reg. 24,111 (June 12, 1984). The Commission has determined that the mandate of the U.S. Court of Appeals for the District of Columbia does not vacate the Commission's rule. Thus, the Commission stated:

Accordingly, the March 31, 1982 rule will continue in effect until finalization of the Commission's response to the Court's remand. The Commission directs its Atomic Safety and Licensing Board Panel and Atomic Safety and Licensing Appeal Panel to pro-ceed accordingly.

49 Fed. Reg. at 24,111. See Commonwealth Edison Co. (Byron Nu-clear Power Station, Units 1 and 2), Memorandum and Order of the Atomic Safety and Licensing Appeal Board (June 13, 1984)

(rejecting intervenor's claim that financial qualifications should be considered in the Byron remand).

1/ We treat this Motion as a second motion for reconsid-eration of Contention 58(2d), since a contention was never ad-mitted and therefore never achieved a " status" to which it could be " reinstated".

6 Mr. Eddleman's Motion must thereby be denied. ,

R pe full' submi ted, s

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Thom s A. E'axter, P.C.

John . O'Neill, Jr., P.C 1 SHAW, lPITTMAN, POTTS & TR RIDGE 00 1 Street, N.W.

Was ington, 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) 836-6517 Dated: June 19, 1984 t

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.k June 19, 1984 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' Response to Wells Eddleman's Motion to Reinstate Contention 58(2d) (Finan-cial Qualifications)" were served this 19th day of June, 1984, by deposit in the U.S. mail, first class, postage prepaid, upon the parties on the attached Service List.

(rohn H. O ' Neill , Jr .',

P} C.

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.b 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) )

SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of U.S. Nuclear Regulatory Commission North Carolina Washington, D.C. 20555 307 Granville Road Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission P.O. Box 12607 Washington, D.C. 20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex,_ North Carolina' 27502 Washington, D.C. 20555 Charles A. Barth, Esquire Mr. Wells Eddleman Janice E. Moore, Esquire 718-A Iredell Street Office of Executive Legal Director Durham, North Carolina 27705 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing anu Service Section Richard E. Jones, Esquire Office of the Secretary Vice President and Senior Counsel U.S. Nuclear Regulatory Commission Carolina Power & Light Company Washington, D.C. 20555 P.O. Box 1551 Raleigh, North Carolina 27602 Mr. Daniel F. Read, President Dr. Linda W. Little CHANGE Governor's Waste Management Board 1 P.O. Box 2151 513 Albemarle Building <

Raleigh, North Carolina 27602 325 North Salisbury Street Raleigh, North Carolina 27611 i

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Bradley W. Jones, Esquire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Steven F. Crockett, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo University of Minnesota Minneapolis, Minnesota 55455 l  :

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