ML20128G725

Motion to Stay Proceedings on Contention WB-3 Re Drug Abuse During Const,Until Workers Arrested on 850110 Afforded Criminal Trial Have Had Charges Dropped or Cases Resolved. Certificate of Svc Encl

ML20128G725
Person / Time
Site:	Harris
Issue date:	05/24/1985
From:	Runkle J CONSERVATION COUNCIL OF NORTH CAROLINA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20128G717	List: ML20128G715 ML20128G725
References
OL, NUDOCS 8505300287
Download: ML20128G725 (4)

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DCCKET 0 USNR May 24, 1985

'85 mv28 Ali:10 UNITED STATES OF AMERICA CFFICE Or SECREThiw NUCLEAR REGULATORY COMMISSION CXET gtpC.,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

Carolina Power & Light Company and ) Docket No. 50-400 OL North Carolina Eastern Municipal )

Power Agency )

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(Shearon Harris Nuclear Power Plant) )

MOTION TO STAY PROCEEDINGS ON CONTENTION WB-3 (DRUG ABUSE)

Now comes the Conservation Council with a motion to stay the pro-ceedings on Contention WB-3 (Drug Abuse During Construction) until the workers who were arrested at the Harris facility on or about January 10, 1985, have been afforded criminal trial, have had charges dropped, or have cases against them otherwise resolved. In support of this motion is the following:

1 During phone discussions, Major T. W. Lanier of the Wake County, North Carolina, Sheriff's Department, stated that he and his department would not comment on the investigation of drug abuse at the Harris plant until after the criminal legal proceedings against the arrested workers were resolved. The Sheriff's Dapartment's position is that discussions of this matter could jeopardize the proceedings and would be unfair to both the workers and the-Sheriff's Department. Although it is difficult to estimate the time period t'.ich cases like these may come to trial, Major Lanier stated that it might take another two to six months.

8505300287 850524 1 PDR ADOCK 05000400 0 PDR

2. As_the law enforcement official with primary responsibility for the investigation of drug abuse at the Harris plant and whose general comments in the newspaper article (which was attached to Contention WB-3), Major Lanier's testimony at hearing would be crucial for the Board to understand the degree in which illicit drugs are being used at the plant during construction. Without this information, the Board cannot make its determination of the effect of workers 3ho are abusing drugs on safety-related matters.

3. If we are afforded the opportunity to discuss this matter fully with Major Lanier, it might provide the basis for resolving this contention without the need for hearing. It would certainly narrow the areas to be-litigated to those where serious concerns still remained.

4. As an attorney, it would appear to be unresponsible to discuss matters with the arrested workers which very well may be detrimental to

'their interests in the pending criminal proceedings. Depositions, whether formally ordered, or informally with friendly witnesses, could easily be used against the workers in any criminal proceeding. Matters which.may, in

-the Fifth Amendment sense, tend to incriminate the workers should be left to other forums at this time. The testimony of these workers has the potential of being highly relevant to the resolution of this contention.

5 In at least two instances in the Operating License proceedings in the recent past, the Board has stayed matters until other information became available or until witnesses were available. In Contention 41G (Van Vo),

the going forward with litigation was delayed until the completion of

~ investigations and formal report by OI. In the emergency plann!pg contention on the warning system's capacity to wake up residents near the 2

e plant, the hearing on the contention was delayed several months solely on the availability of witnesses and FEMA's ability to contract with them.

6 A stay at this time would not harm the discovery process due to the continuing nature of discovery requests. Both Applicants and Intervenor can be expected to keep abreast of the criminal proceedings so that the continuation of this matter would be made in a timely manner after Major Lanier and the workers were better able to provide testimony. Again, Major i: Lanier's testimony is the most crucial (as our answers to Applicants' discovery requests will bear out).

Respectfully submitted, k

John Runkle Counsel for Conservation Council of North Carolina cc. Service List Major T. W. Lanier Wake Sheriff's Department 3

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e CERTIFICATE OF SERVICE I hereby certify that copies of Conservation Council's Answers to Appli-cants' Discovery Requests on Contention WB-3 (Drug Abuse) and Motion to stay proceedings on Contention WB-3 (Drug Abuse) were served on the following persons by deposit in the U. S. Mail, postage prepaid, or by hand-delivery.

Thomas S. Moore, Chairman (appeals only) M. Travis Payne DOCKETED Atomic Safety & Licensing Appeal Board PO Box 12643 USNRC US Nuclear Regulatory Commission: Raleigh, NC 27605 Washington, D. C. 20555 Dr. Richard D. Wilson 1Ei NAY 28 N1:12 Dr. Reginald Gotchy (appeals only) 729 Hunter Street Atomic Safety & Licensing Appeal Board Apex, NC 27502 0FFILE OF SECRtTAnt US Nuclear Regulatory Commission Washington, D. C. 20555 Wells Eddleman 00CKETjgggERVK1 718-A Iredell Street Howard A. Wilber (appeals only) Durham, NC 27705 Atomic Safety & Licensing Appeal Board US Nuclear Regulatory Commission Richard E. Jones Washington, D. C. 20555 Dale Hollar Legal Department James L. Kelley Carolina Power & Light Atomic Safety & Licensing Board PO Box 1551 US Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D. C. 20555 Thomas A. Baxter Glenn O. Bright Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Board 1800 M Street, NW US Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555 Robert Gruber Dr. James H. Carpencer Public Staff--Utilities Commission Atomic Safety & Licensing Board PO Box 991 US Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D. C. 20555 Dr. Linda Little Docketing and Service (3 copies) Governor's Waste Management Board Office of the Secretary 325 N. Salisbury St., Room 513 US Nuclear Regulatory Commission Raleigh, NC 27611 Washington, D. C. 20555 Spence W. Perry (emerg. planning)

Charles A. Barth Associate General Counsel Office of the Executive Legal Director FEMA US Nuclear Regulatory Commission 500 C Street, SW, Ste. 480 Washington, D. C. 20555 Washington, D. C. 20740 Bradley W. Jones NRC--Region II This is the 24th day of May, 101 Marrietta Street 1985.

Atlanta, GA 30303 Daniel F. Read b+M PO Box 2151 A'ohn Runkle Raleigh, NC 27602 Attorney at Law

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