ML20133P438

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Motion on Behalf of FEMA for Extension of Time to 850913 for All Parties to File Testimony on Eddleman Contention 57-C-3 & for Postponement of Hearing Until 851001.Certificate of Svc Encl.Related Correspondence
ML20133P438
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 08/07/1985
From: Johari Moore
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
CON-#385-223 OL, NUDOCS 8508140321
Download: ML20133P438 (5)


Text

{{#Wiki_filter:N) daATED watttMONDr.NQg August 7, 1985 t UNITED STATES OF AMERICA iQ NUCLEAR REGULATORY COMMISSION 00j5{nc BEFORE THE ATOMIC SAFETY AND LICENSING BOARD %5 AUG 13 A10:24 In the Matter of ) ) (FFl{?g5;tC/pg voC CAROLINA POWER AND LIGHT COMPANY AND ) ERdiC.O NORTH CAROLINA EASTERN MUNICIPAL ) Docket Nos. 50-400 OL POWER AGENCY ) 50-401 OL ) (Shearon Harris Nuclear Power Plant, ) Units 1 and 2) ) NRC STAFF / FEMA'S MOTION FOR EXTENSION OF TIME TO FILE TESTIMONY AND POSTP0NEMENT OF HEARING ON EDDLEMAN CONTENTION 57-C-3 I. INTRODUCTION Pursuant to 10 C.F.R. Q 2.711 of the Commission's regulations the Staff of the Nuclear Regulatory Commission (Staff), on behalf of the Federal Emergency Management Agency (FEMA), moves the Licensing Board for an order which would (1) extend the time for the filing of testimony on Eddleman Contention 57-C-3 until September 13, 1985, and (2) postpone the hearing on Contention 57-C-3 until October 1, 1985. II. DISCUSSION In order to respond to Eddleman Contention 57-C-3, FEMA is engaged in an analysis of the ability of the sirens installed at the Harris site to awaken people from sleep. FEMA determined that demographic data, information concerning the measured attenuation of siren sound 8508140321 850907 PDR ADOCK 05000400 C PDR D50

, w afforded by a typical house around the Harris site, and information concerning approximately six siren locations was required in order for FEMA to complete its analysis. Applicants have agreed to provide the data, some of which was not yet developed at the time the data was requested. Applicants have recently finalized the siren system design, and have stated that the measured attenuation values would be provided by August 16, 1985. It is the Staff's understanding that those values are the last pieces of information needed by FEMA. FEMA informed the Staff that it would be unable to distribute the data to the appropriate consultants, complete its analysis and prepare testimony by the filing date of September 3,1985. For this reason the Staff, on behalf of FEMA, is requesting that all parties be permitted to file their testimony by September 13, 1985. The Commission's regulations require that testimony be filed by the parties at least fifteen days prior to the commencement of the evidentiary hearing. 10 C.F.R. @ 2.743(b). In order to comply with this section of the regulations, it would be necessary to postpone the hearing. Therefore, the Staff is requesting that the hearing on Eddleman Contention 57-C-3 commence on October 1, 1985 rather than on September 24, 1985. Staff Counsel has contacted Mr. Eddleman and Counsel for Applicants with respect to this request. Applicants have indicated that they have no objection to this motion. Mr. Eddleman has indicated that he wishes to respond to the motion separately.

r . 9 III. CONCLUSION For good cause shown, the Staff moves the Licensing board for an order extending the date for all parties to file their testimony on Eddleman Contention 57-C-3 until September 13, 1985, and to postpone the hearing on this contention until October 1, 1985. Respectfully Respectfully submitted, G pl R hiiT)P M t OlblL Janice E. Moore Counsel for NRC Staff a Dated at Bethesda, Maryland this 7th day of August,1985

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 000kETE? USNRC BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of ) ) UII'CEU#EECat h CAROLINA POWER AND LIGHT COMPANY AND Docket Nos. 50 fEb M hc NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY ) 50-401 OL ) (Shearon Harris Nuclear Power Plant, ) Units 1 and 2) ) I hereby certify that copies of "NRC STAFF / FEMA'S MOTION FOR EXTENSION OF TIME TO FILE TESTIMONY AND POSTPONEMENT OF HEARING ON EDDLEMAN CONTENTION 57-C-3" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or deposit in the Nuclear Regulatory Commission's internal mail system (*), by overnight delivery (**), or hand delivery (***) this 7th day of August,1985: James L. Kelley, Chairman *** Richard D. Wilson, M.D. Administrative Judge 729 Hunter Street Atomic Safety and Licensing Board Apex, NC 27502 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Glenn 0. Bright *** Travis Payne, Esq. Administrative Judge 723 W. Johnson Street Atomic Safety and Licensing Board P.O. Box 12643 U.S. Nuclear Regulatory Commission Raleigh, NC 27605 Washington, DC 20555 Dr. James H. Carpenter *** Dr. Linda Little Administrative Judge Governor's Waste Management Building Atomic Safety and Licensing Board 513 Albermarle Building U.S. Nuclear Regulatory Commission 325 North Salisbury Street Washington, DC 20555 Raleigh, NC 27611 Daniel F. Read John Runkle, Esq. Executive Coordinator CHANGE Conservation Counsel of North Carolina P.O. Box 2151 307 Granville Rd. Raleigh, NC 27602 Chapel Hill, NC 27514 Steven Rochlis Spence W. Perry, Esq. Regional Counsel Associate General Counsel FEMA Office of General Counsel 1371 Peachtree Street, N.E. FEMA Atlanta, GA 30309 500 C Street, SW Rm 840 Washington, DC 20472

. l Atomic Safety and Licensing Appeal Bradley W. Jones, Esq. Board Panel

  • Regional Counsel, USNRC, Region II U.S. Nuclear Regulatory Commission 101 Marietta St., N.W. Suite 2900 Washington, DC 20555 Atlanta, GA 30323 Robert P. Gruber George Trowbridge, Esq.

Executive Director Thomas A. Baxter, Esq. Public Staff - NCUC John H. O'Neill, Jr., Esq. P.O. Box 991 Shaw, Pittman, Potts & Trowbridge Raleigh, NC 27602 1800 M Street, N.W. Washington, DC 20036 Wells Eddleman** Atomic Safety and Licensing Board 718-A Iredell Street Panel

  • Durham, NC 27701 U.S. Nuclear Regulatory Commission Washington, DC 20555

~ Richard E. Jones, Esq. Dr. Harry Foreman, Alternate Associate General Counsel Administrative Judge Carolina Power & Light Company P.O. Box 395 Mayo P.O. Box 1551 University of Minnesota Raleigh, NC 27602 Minneapolis, MN 55455 Robert Guild, Esq. Counsel for Contention 41-G 21351 Devine Street Columbia, SC 29201 k/d d b b y Janice E. Moore Counsel for NRC Staff =.}}