ML20093M177
| ML20093M177 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 10/18/1984 |
| From: | Ridgway D CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-591 OL, NUDOCS 8410190447 | |
| Download: ML20093M177 (9) | |
Text
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,y, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CKETED USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'84 CGT19 gt:;3 In the Matter of
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' 50'E ~ 3!.C AGr.j CAROLINA POWER & LIGHT COMPANY
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and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant)
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APPLICANTS' MOTION TO AMEND THE SCHEDULE FOR EMERGENCY PLANNING ISSUES
.The present echedule for litigation of the emergency plan-ning contentions was set at the prehearing conference of May 2, 1984, confirmed in a telephone conference held during the sum-mer, and modified by one of the written orders admitting addi-tional contentions.
See Tr. 1058-76 (May 2, 1984 Prehearing Conference); Tr. 2198-99 (July 12, 1984 conference call); and Final Set of Rulings on Admissibility of Offsite Emergency Planning Content ons, Ruling on Petition for Waiver of Need for Power Rule, and Notice of Upcoming Telephone Conference Call (August 3, 1984), at 57-58.
In sum, there are separate sened-I' ules for two groups of contentions (referred to as " Track A" l
and " Track B")1/ leading to a single hearing which is to begin 1/ is a listing of these two groups of admitted contentions.
In addition, the Board recently admitted Eddleman 227-S on the public information brochure.
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8410190447 841018 PDR ADOCK 05000400 O
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in early February, 1985.2/ Attachment 2 to this motion sets forth the current schedule for the Track A and Track B conten-tions.
For the reasons set forth below, Applicants move that the Board ~ issue an order ~ establishing the following amended sched-ule December' 21, 1984:
Last day for filing motions for summary disposition.
January 15, 1985:
Last day for Staff to answer summary disposition motions filed on December 21, 1984.
January 25, 1985:
Last day.for Intervenors to answer summary dispcaition motions filed on December 21, 1984.
February 22, 1985:
ASLB ruling on summary disposition motions filed on December 21, 1984.
March 18, 1985:
Filing of written direct testimony and exhibits to be offered as evidence.
-April 2, 1985:
Commencement of evidentiary
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hearing.
I Where a summary disposition motion is filed in advance of the "last day" set in the schedule, the response times from service of the motion are 20 days for the Staff and 30 days for inter-venors.
In addition, it is Applicants' hope that the Board would be able to rule on summary disposition motions as they i
become ripe for decision if they are filed in advance of the l
deadline.
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2/
A hearing date of February 11, 1985 was set at the May 2, 1984 prehearing_ conference.
During the recent evidentiary hearings on Joint Contention 1, however, a starting'date of February 4 was discussed.
See Tr. 3986-87 (September 14, 1984 Hearing).
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i The proposed schedule amends the previous one in three j
1 basic ways:
(1) the deadline for summary disposition motions for Track A contentions is collapsed into the previous deadline for Track B contentions, resulting in a single deadline; (2) l the response times to summary disposition motions are restored to those previously set for safety contentions; and (3) the hearing is delayed by roughly two months.
As grounds for their motion, Applicants state as follows:
1.
The present schedule for Track a contentions essen-tially is not workable because it does not allow sufficient time prior to hearing for the Board to deliberate upon and de-cide summary disposition motions on those contentions.
The amended schedule retains the current deadline for filing those motions but, by. extending the start of the hearing, adds appro-priate time for Board decision-making and the preparation of testimony.
2.
Hurricane Diana and its aftermath continue to occupy l
the time and energies of North Carolina emergency response per-sonnel, many of whom are necessary to the preparation of summa-ry disposition motions.
Consequently, additional time is needed to file such motions on Track A contentions.
- Further, the extension of this deadline will avoid some conflicts for Mr. Eddleman, who otherwise would need to prepare more re-sponses while the current safety hearings are in progress.3/-
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Some motions have already been filed, however, and several others may be filed early in compliance with the Board's di-rective that Applicants should not file all motions on the last available day.
See Tr. 1071-75 (May 2 Prehearing Conference).
3.
The new hearing schedule will permit the restoration of the normal time interval provided for Staff responses to summary disposition motions.
A shorter schedule had previously been set (with the agreement of FEMA's counsel) in order to ac-commodate a hearing in early February.
See Tr.'1058-76, par-ticularly Tr. 1075-76.
Since information-additional to that in the emergency response plans may~be included in these motions, the additional time for Staff and FEMA review is appropriate.
For all of the foregoing reasons, Applicants' motion should be granted.
Applicants are in the process of consulting with the other parties on this schedule, and will report to the
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Board on the results of that consultation.
Respectfully submitted, Adaa_
b Th'omds A. Baxt'er O
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Delissa A. Ridgway S. HAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1090 Richard E.
Jones Samantha Francis Flynn Dale Hollar Hill Carrow CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-7707 Counsel for Applicants Dated:
October 18, 1984
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Track A Contentions Track B Contentions i,
EPJ-l EPJ-3 EPJ-2 EPJ-4
- CCNC-2 EPJ-5 CCNC-8 Wilson-12(b)(2)
CHANGE-17 Wilson-12(b)(3)
' CHANGE-29 Eddleman-57-C-7 Wilson-ll Eddleman-213-a Eddleman 30 Eddleman-227-S Eddleman-57-C-3 Eddleman-240 Eddleman-57-C-10 Eddleman-250 Eddleman-57-C-13 Eddleman-251 Eddleman-144 Eddleman-154 Eddleman-213 Eddleman-215 Eddleman-224 i
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Attachmnnt 2 EMERGENCY PLANNING SCHEDULE Contentions Admitted by June 14, 1984 (" Track A")
August 9, 1984 Last day for filing discovery requests August 30, 1984 Last day for filing responses to discovery requests November 1, 1984 Last day for filing any motion for summary disposition November 16, 1984 Last day for Staff to answer any motion for summary disposition November 26, 1984 Last day for Intervenor to answer any motion for summary disposition December 28, 1984 ASLB ruling on any motion for summary disposition January 21, 1985 Filing of written direct testimony February 11, 1985 Commencement of evidentiary hearing a
Contentions Admitted By August 3, 1984 Order (" Track B")
October 8, 1984 Last day for filing discovery requests October'31, 1984 Last day for filing responses to discovery
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requests l
December 21, 1984 Last day for filing any motion for summary disposition (January 7, 1985]
Last day for Staff to answer any motion'for summary disposition (approximate -- based on.
interval for " Track A" issues)
[ January 17, 1985]
Last day for Intervenors to answer any motion for summary disposition (approximate -- based on interval for " Track A" issues) 1985 ASLB ruling on any motion for summary disposition 1985 Filing of written direct testimony
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{v 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
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and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant)
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CERTIFICATE OF.SER'1 ICE I hereby certify that copies of " Applicants' Motion To Ammend The Schedule For Emergency Planning Issues" were served this 18th day of October, 1984, by deposit in the U.S. mail, first class, postage prepaid, upon the parties listed on the attached Service List.
0Y!
L Delisha A.
Ridgway\\
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y Dated:
October 18, 1984 l
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
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and NORTH CAROLINA EASTERN
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Docket No'.
50-400 OL
. MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant)
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SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire
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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 2751 Mr. Glenn O. Bright Atomic Safety and Licensing Board M.
Travis Payne, Esquire U.S. Nuclear Regulatory Commission Edelstein and Payne Washington, D.L.
20555 Post Office Box 12607 Raleigh, North Carolina 27605 Dr. James H. Carpenter Atomic Safety and Licensing Board Dr. Richard D. Wilson U.S. Nuclear Regulatory Commission 729 Hunter Street Washington, D.C.
20555 Apex, North Carolina 27502 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 Richard E. Jones, Esquire Vice President and Senior Counsel Docketing and Service Section Carolina Power & Light Company Office of the Secr'etary Post Office Box 1551 U.S. Nuclear Regulatory Commission Raleigh, North Carolina 27602 Washington, D.C.
20555 Mr. Daniel F. Read, President CHANGE Post Office Box 2151 Raleigh, North Carolina 27602 1
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Dr. Linda W. Little Governor's Waste Management-Board
.513 Albemarle. Building-325 North Salisbury Street Raleigh, North Carolina: 27611 1
Bradley W. Jones,1 Esquire U.S.. Nuclear Regulatory Commiss'in-Region II 101 Marietta1 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 Post Office Box 991 Raleigh, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo University of Minnesota Minneapolis, Minnesota 55455 Spence W.
Perry, Esquire Associate General Counsel FEMA 500 C Street, S.W.,
Suite 480 Uashington, D.C.
20740 t
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