ML20137J248

Transcript of 860117 Telcon in Washington,Dc Re Eddleman Contention 57(c)(3).Pp 10,244-10,265

ML20137J248
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Site:	Harris
Issue date:	01/17/1986
From:	Atomic Safety and Licensing Board Panel
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CON-#186-822 OL, NUDOCS 8601220340
Download: ML20137J248 (24)

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ORGBAL .

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.O UN11EU STATES NUCLEAR REGULATORY COMMISSION

4.

• 4 IN THE MATTER OF: DOCKET NO: 50-400 OL CAROLINA POWER & LIGHT COMPANY and

, NORTH CAROLINA EASTERN MUNICIPAL gDOWER AGENCY 4,{Shearon Harris Nuclear Power Plant) -

TELEPHONE CONFERENCE is

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O LOCATION: NASHINGTON, D. C. PAGES: 10244 - 10265 t -:

i DATE: ' FRIDAY, JANUAR$ 17, 1986 W- 0 /

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e r CE-FEDERAL REPORTERS, INC.

OfficialReporters 444 North CapitolStreet Washington, D.C. 20001 (202)347-3700 8 122 00400 -

P O PDR NATIONWIDE COVERAGE

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CR25647.0 OMT/03g 10244 I UNITED STATES OF AMERICA

(i

(_)

j 2 NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

- - - - - - - - - - - - - - - - - - -x In the Matter of:  : ,

5 . i CAROLINA POWER & LIGHT COMPANY  : Docket No. 50-400 OL 6 and NORTH CAROLINA EASTERN  :

MUNICIPAL POWER AGENCY  :

7  :

(Shearon Harris Nuclear Power  :

Plant) -

8

- - - - - - - - - - - - - - - - - - -x 9

10 Ace-Federal Reporters, Inc.

Suite 402 11 444 North Capitol Street, l Washington, D. C.

Friday, January 17, 1986

() 13 The telephone conference in the above-entitled matter 14 convened at 10:30 a.m.

15 BEFORE:

16 JAMES L. KELLEY, ESQ., Chairman 17 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 18 Ueshington, D. C. 20555 19 JAMES H. CARPENTER, Member 20 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 22 GLENN O. BRIGHT, Member Atomic Safety and Licensing Board 23 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 24 Repo,te,s, Inc.

25

-- continued -

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r.

10245 I APMEARANCES: "

2 On behalf of the Applicant:

3 THOMAS A. BAXTER, ESQ.

4 RICHARD. JONES, ESQ.

Shaw, Pittman, Potts.'& Trowbridge 1800 M Street, N.W.

5 Washington, D. C.

6 DALE HOLLAR, ESQ. .

Associate' General' Counsel 7 Carolina Power & Light Company P. O. Box 1551 8 "*9 '

1. ^# ""

f9 On beha f of the Federal Emergency b

. Management Agency:

10

, JOSEPH FLYNN, ESQ.

11 Assistant General Counsel 12 STEPHEN ROCHLIS, ESQ.

=

Regional Counsel for Region IV Ps

(_)  ; 13 On behalf of, North' Carolina Attorney

.' General's Office:i i

/' t 14 ,' t 1,, ']

JO ANNE SANFORD, ESQ.

15 1 Appearing Pro Se:

16 WELLS EDDLEMAN 806 Parker Street 17 Durham,' North Carolina 27701-3131 18 On behalf of the NRC Staff:

i t

h 19 JANICE E. MOORE, ESQ.

Office of the Executive Director 20 U. S. Nuclear Regulatory Qommission s

Washington, D. C. 20555 21 22 1 23 , .

t G 24 so.Federes Reporters. Inc.

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6470 01 01 10246

(~)LIVEbw 1 PROCEEDINGS U

2 JUDGE KELLEY: This phone call this morning has a 3 couple of rather limited purposes. I don't think it will j 4 take us too long, and I'm not sure we'll accomplish very 5 much.

6 Having said that, we want to first of all say 7 that we issued a memorandum and order yesterday, which is 8 captioned " Limited Reopening of the Record on Eddleman 9 Contention 57(c)(3). This was ready yesterday afternoon, 10 and the people here in town, the Applicants and Staf f got 11 copies. I did reach Mr. Eddleman this morning, just so he 12 could have an idea what was in here, and read sections of rs it, described others.

() 13 So I think Mr. Eddleman, at least has 14 a overview of what this is about.

15 I did not reach the State people, and Ms. Sanford 16 and Ms. Long, if you wish, in the next ord'r, e I'll give a 17 very brief thumbnail description of what this is about, and 18 if you wish, we could telephone this to you, the text, just 19 read it to you after this phone call, separately.

20 It will be served in the normal course, I think, 21 today, and, hopefully, would arrive in Monday's mail.

22 Sort of an overview of the order, it's a sort of 23 a long one, about 10 pages, is given in the first couple of 24 paragraphs, and at least for the State and maybe anyone 25 else, I'm sort of assuming that Ms. Moore was able to ACE-FEDERAL REPORTERS, INC.

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()LIVEbw 1 communicate with Mr. Flynn and Mr. Rochils about it, but for 2 the record, anyway, I'll read this first couple paragraphs 3 for overview purposes.

4 "In our deliberations on Eddleman Contention 5 57(c)(3), the Board has discovered gaps and 6 ambiguities in the record such that we are 7 unable to definitively resolve certain of 8 the issues presented.

9 "Accordingly, the Board has decided to 10 reopen the record for a further evidentiary 11 hearing in the limited areas described in 12 this order.

() 13 " Generally, our concerns focus on the number 14 of people who would be alerted by the sirens 15 from different parts of the EPZ, depending

~

16 upon set of arousal data, i.e., the Horn Jeff 17 data or the German study is used.

18 "The record is not being reopened on actual 19 sound levels in the EPZ. Furthermore, the 20 record is not being reopened on ' informal 21 notification' or on mobile alerting."

22 "Our specific concerns and some of the reasons 23 underlying them are outlined next.

24 " Scheduling will be discussed in a phone O

(_- 25 conference today. Due to time pressures, we ACE FEDERAL REPORTERS, INC.

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s 6470 01 03 10248 1 do not expect to set dates for prefiling

(])LIVEbw 2 testimony; however, the parties are asked to 3 make their best efforts to prefile their comments 4 and information in advance of the hearing, if 5 possible.

6 " Finally," -- and this is important -- "we 7 stress the tentative nature of the views and 8 concerns that follows. The Board has made 9 no final decision on any issues, legal or 10 factual. The parties are free to take 11 issue with any part of what follows."

12 And what follows comes really in three sections.

() .

13 There's a section stating our view that we ought to take a 14 separate look and make separate findings at the first five 15 miles of the EPZ and the second five-to-ten-mile stretch, as 16 basically a legal discussion. And following that,, we 17 include a tentative computation of the arousal on whether 18 Feldman -- that is to say the German study or the Horn Jeff 19 data used in these computations includes certain assumptions 20l that are spelled out in the order.

21 And that finally we list half a dozen areas of 22 specific concern which also relate to arousal capabilities.

23 So that's just a thumbnail sketch of this order.

24 I might just note one other thing. Certain of n

s- 25 our areas of concern ask certain witnesses or parties to ACE-FEDERAL REPORTERS, INC.

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1 speak to that area. We do say in the order that any party 2 is free to speak in any of these areas. We're just simply 3 saying, for example, if a particular witness who has focused 4 on some point, we may want that witness to speak to it, 5 specifically. But anyone else is invited to do the same.

6 So that is the outline of the order. Our primary 7 interest today was to get people on the phone and talk about 8 a possible. time for hearing, bearing in mind some logistical 9 difficulties with witnesses and the fact that we ar asking 10 certain parties and witnesses to look at certan things. And 11 that will take some time. Bearing in mind, the fact also 12 that I think it's well to do this reopened hearing sooner C 13 rather than later.

14 Let me pause a moment at that point.

15 I had a call this morning from Mr. Baxter 16 wondering whether we might not postpone this- call till next 17 week. I gather their witness, Mr. Keast, is not available 18 to talk, and he hasn't seen the order. And he also 19 indicated that there were some plans for settlement 20 discussion.

21 Mr. Baxter, maybe you could just expand on that 22 briefly.

23 MR. BAXTER: Yes, Judge Kelley. Thank you.

24 We appreciate getting the Board's explanation of

( 25 what its current thinking is and the reasons behind the ACE-FEDERAL REPORTERS, INC.

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6470 01 05 10250 1 request for additional information that we've received.

(]}LIVEbw 2 It's very helpful. But, unfortunately, our witness on the j

{

3 subjects covered here, Mr. Keast, was in a plane on the way 4 to Georgia yesterday afternoon at the time I was able to 5 pick up a copy of this order.

6 I've only been able to have about a 10-minute 1

discussion with him, as he changed planes late last night.

7 8 He called me at home. And we reallyneed for him to be able 9 to sit down in his office on Monday, which he plans to do 10 and to go over the order and discuss with us what's being 11 requested and give us his advice on how long it's going to 12 take him to do it.

(f 13 It was his reaction, this is more than a couple 14 of weeks, in terms of at least being able to write it up, l 15 given what his other workload and commitments are. '

r

[ 16 So I'm afraid I don' t have ,today a schedule 17 proposal to make till I can talk to him on Monday.

I 18 I also did mention to you that there are some i

19 discussions under way with Mr. Eddleman, and that this 20 afternoon, in Raleigh, there's going to be a meeting which 21 we consider to be fairly critical, in terms of assessing 22 whether that's going to be a fruitful process or not, and I 23 just mention that, in terms of being able to take into 24 account any positive outcome from that discussion, which may 25 impact on the timing and/or need for additional hearings.

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6470 Ol'06 10251 1 And we will be in a position after today -- by the end of

-(]}LIVEbw 2 today to propose how that process could impact the need for 3 an additional hearing, and the timing of it.

4 JUDGE KELLEY: Okay. We appreciate both points, 5 and we don' t really look to or any party this morning for-6 'anything definitive on scheduling, but perhaps we can 7 outline some of the parameters that may then be helpful, and 8 all parties tell us about their schedules, what the 9 schedules may be, add the like. Settlement discussion. If 10 the parties can se.ttle the case, that's fine. Parties 11 involved in settlement to simply give the Board prompt 12 notice, in time for us to assume that there'll be a hearing

() 13 and explore times, recognizing that a settlement might ,

14 impact that.

15 Let us give you -- I want to he,ar from each of

)

16 you, but let us. just give you a couple of thoughts we.'ve 17 had. And we have no specific hearing date in mind. But one 18 thought was, we have -- I have a preference for holding a 19 hearing in Washington, as opposed to Raleigh, on this 20 point. Not critical at all, but it might, in terms of 21 balance of convenience and expense, work out best that way.

22 We don't want to impose any undue inconvenience 23 or expense on parties, particularly a pro se Intervenor like 24 Mr. Eddleman to travel.

( 25 It did occur to us that there's a argument ACE FEDERAL REPORTERS, INC.

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6470 01 07 10252 1 scheduled, the partial initial decision, the 5th of

(}LIVEbw 2 February. It occurred to us if the gentlemen are up here 3 for argument, from this standpoint, makes that feasible.

4 That may be, from what Mr. Baxter just said about 5 Mr. Keast's estimate, that may be a pretty short time frame, 6 but -- do you want to react to that suggestion?

7 I'll try Mr. Baxter first. Do you have to wait 8 and talk to Keast?

9 MR. BAXTER: Well, as I said before, 10 unfortunately, I really need to go over the whole order with 11 Mr. Keast on Monday, but my assessment at this point, would 12 be that would be a very tight schedule and very difficult

() 13l for us to meet.

14 JUDGE KELLEY: Mr. Eddleman, how does that strike 15 you?

4 16 MR. EDDLEMAN: Well, Judge, I will be, indeed, in 17 D.C. for that argument. I'm going to appear and argue for 18 myself and possibly for the Joint Intervenors. And this is 19 notice to the parties that I'm going to do that. I've sent 20 off the card to the Appeal Board.

21 Just from my point of view, I have to talk a 22 substantial amount of documentation along for that argument, 23 and I have to also carry all the files that -- I'm up here, 24 you know, for the 57(c)(3), that would be a problem. I'm I']

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25 sympathetic to the idea of doing it in that time frame, but ACE-FEDERAL REPORTERS, INC.

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(")LIVEbw 1 to me the ability to -- there's a limit to how much I can

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2 physically carry myself. And I'm usually about at that 3 limit. And I recognize that I can get help from various 1

4 transportation modes, but it impacts things.

5 For example, I can't fly on the cheap airline, if 6 I have two tons of stuff (laughing), and so on. So I'd have 7 to look into it, too.

8 I will be up for that argument.

9 JUDGE KELLEY: How about Staff and/or FEMA? Any 10 thoughts about. Let me ask Ms. Moore and Mr. Rochils. Your 11 witness is Dr. Kryter, the person we referred to in our 12 order, as our being interested in certain information from

(~T 13 him.

w) 14 Have yta had an opportunity to talk to him.

15 MR. ROCHILS: Mr. Flynn's been trying to track 16 him down. I'll let Mr. Flynn speak for FEMA.

17 MR. FLYNN: Yes, when we got word of'the 18 conference call', we tried to reach Dr. Kryter. We have 19 talked with Tom Carter, but Carl Kryter is the witness whom 20 we would want to call. He's out of town. I understand 21 he'll be back next week. But until we talk to him, we have 22 no idea what his schedule is like. I would suggest that 23 February Sth is too soon, in any event. Even if he were 24 available today, I don't think that would give him enough

() 25 time to review the order, review the German study and ACE-FEDERAL REPORTERS, INC.

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(' LIVEbw 1 prepare testimony.

2 JUDGE KELLEY: No support so far for February 5.

3 What about the State? Ms. Sanford?

4 MS. SANFORD: We have no particular problems with 5 that date. Of course, not having seen the order, I'm not 6 sure what, if any sort of inquiry is directed at us. I 7 can't say that I have a particular problem with it.

8 JUDGE KELLEY: You're not having seen the order 9 though, I think it's at least fair that -- well, there seems 10 to be a consensus that the February 5th neighborhood, give 11 or take a day, doesn't look very good, either from the 12 standpoint of time for witnesses or logistical

() 13 complications.

14 Does it really make more sense to reconvene this 15 scheduling phone sometime the latter part of next week, to 16 give people a chance to study the order more and tdlk to 17 their witnesses and publish something firmer? ,

18 MS. SANFORD: I think so.

19 JUDGE KELLEY: Mr. Baxter?

20 MR. BAXTER: Yes, I would a" 9e, Judge Kelley.

21 JUDGE KELLEY: Okay. Everybody agree with that?

22 VOICES: Yes, your Honor.

23 JUDGE KELLEY: Well, why don't we set a specific 24 time, if necessary. It's a lot easier to set it now.

( 15 MR. EDDLEMAN: Judge -- this is Eddleman --

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6470 01 10 10255 7'TLIVEbw 1 there's on additional complication that I think I may have V

2 mentioned. I've been called four jury duty next week. And 3 if I get it, I'm not sure -- and I won' t know until Sunday 4 night, whether they're going to call me. And if I do get 5 called, I won't know till Monday whether I'm on a case or 6 not.

7 JUDGE KELLEY: Give you an interesting excuse for 8 the judge.

9 MR. EDDLEMAN: Well, I guess I could get the two 10 sets of judges to argue it out, but --

11 (Laughter.)

12 MR. EDDLEMAN: -- I just want to tell you that

() 13 that's going on.

14 JUDGE KELLEY: I understand. Do you know, will 15 that be all week?

16 MR. EDDLEMAN: Well, you never know how long one 17 of these things is going to go. So I j ust -- I can't 18 predict. I mean, they could keep me as long as the case 19 lasts.

20 JUDGE KELLEY: What's your first day?

21 MR. EDDLEMAN: Monday.

22 JUDGE KELLEY: Monday. Isn't it probable that 23 you'll be off by the --

24 MR. EDDLEMAN: Pardon, Judge. I missed a word

() 25 there.

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6470 01 11 10256 1 JUDGE KELLEY: I was reflecting, Montgomery

(}LIVEbw 2 County, Maryland, is a one-day system, unless you get in a 3 long case.

4 MR. EDDLEMAN: Right. We have the same system 5 here, Judge. I'm just saying, I can't tell you for sure I 6 won't be in a long case. I sort of doubt it, but I'm just 7 telling you that that's a contingency, so that if you set a 8 conference call for a certain time, better not set it on 9 Monday.

10 JUDGE KELLEY: It has to be late in the week, 11 based on what's been said, and -- why don't we set it late l 1? in the week. And I'm going to talk to other people.

l ('f 13 Then if you've got a problem, we'll just have to reset it 14 or make some alternative arrangement.

15 What about next Thursday morning?

16 Is that enough time, Mr. Baxter?

17 MR. BAXTER: Yes, it is for --

18 JUDGE KELLEY: FEMA nd the Staff?

19 FEMA: Yes.

20 STAFF: That's fine 21 JUDGE KELLEY: Okay.

22 MR. EDDLEMAN: It's fine with me too, Judge.

23 JUDGE KELLEY: Recognizing your problem, 24 Mr. Eddleman, why don' t we set Thursday morning and -- is

() 25 that okay with the State?

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(~} LIVEb'r 1 STATE: That's fine.

%.)

2 JUDGE KELLEY: Say 10:30 next Thursday morning?

3 Anybody disagree?

4 (No response.)

5 Okay, the Board is going set 10:30, next Thursday 6 morning, in the expectation that people will talked to 7 prospective witnesses, studied the order and be able to make 8 a" specific proposal to us.

9 I can just -- one thing, the range of the 20th to 10 the 25th of February. I'm going through one of the more 11 unpleasant experiences of life. I'm going to take the 12 Maryland Bar.

() 13 (Laughter.) -

14 At this point, it would be very embarrassing to 15 flunk it. I'm just saying that it doesn't look very' good 16 for me between 20 and 25.

17 Does anybody else on the Board have an obvious 18 gap? February, mid-February on?

19 VOICE: Not that I know of. l 20 MR. BAXTER: This is Tom Baxter. Mr. Keath is 21 not available the week of February 10.

22 JUDGE KELLEY: I can't hear you, Mr. Baxter.

23 MR. BAXTER: Mr. Keath is not available the week I 24 of February 10.

() 25 JUDGE KELLEY: You might look at, and we're ACE-FEDERAL REPORTERS, INC.

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6470 01 13 10258 1 just trying to talk about it here, based on what we know we

("']LIVEbw

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2 can't do. Tha week of the 17th, the early part of the week 3 looks like a possibility. You might look at that. You 4 might look at the week of the 24th. I'm not holding out my 5 problem. Moving a little out or going ahead somehow. A 6 preference, at least.

7 Why don't we go ahead then, and we will call 8 you. -

9 There's one other order of business here, we want 10 to get to.

11 I don't think the Board at this time has anything 12 more on the reopening order.

() 13 Is there anything else on the reopening question, 14 scheduling and --

15 MR. BAXTER: No, sir.

16 JUDGE KELLEY: Mr. Hollar?

17 MR. HOLLAR: No.

18 JUDGE KELLEY: Okay. Ms. Moore?

19 MS. MOORE: No, sir.

20 JUDGE KELLEY: Mr. Flynn?

21 MR. FLYNN: No.

22 JUDGE KELLEY: Okay. Ms. Sanford?

23 MS. SANFORD: No.

24 JUDGE KELLEY: Mr. Eddleman?

() 25 MR. EDDLEMAN: Judge, just one clarification.

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6470 01 14 10259 1 Does that order also specify that any further

(}LIVEbw 2 cross of Mr. Keath about the matters that came up in the 3 previous conference call with this correction to the record 4 proposed, and so on, is all that included in the hearing?

5 JUDGE KELLEY: The two points that you mentioned 6 are referenced as points in the order. I don't mean to 7 indicate that necessarily -- I'm saying this in a very 8 general way. I'm not trying to limit the scope in a precise 9 way, but there is a paragraph on activity. There certainly 10 is a paragraph on the change in Mr. Keath's testimony.

11 That's it on that.

12 There's a (inaudible) settlement in the 13 Applicants (inaudible).

(]) I would like to, if we can, discuss 14 on the phone and resolve. I note that just this morning, a 15 set of objections to interrogatories from the Ap'plicant (gap 16 in sound) map --

17 MS. MOORE: Judge Kelley, this is Janice Moore.

18 You're cutting in and out, and I can't -- I missed what you 19 just said.

20 MR. EDDLE!!AN: Me too , Judge.

21 JUDGE KELLEY: I'll take it again. I want to 22 talk this morning and hopefully resolve discovery objections 23 of Mr. Eddleman and Mr. Hollar for CP&L. Is that on EPX 2?

24 MR. EDDLEMAN: It's EPX 2 and A, Judge,

() 25 JUDGE KELLEY: And A. Okay.

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(~}LIVEbw 1 MR. EDDLEMAN: And I don't think there's really

%/ )

2 an objection. There's a -- well, I explain it, but -- 1 3 JUDGE KELLEY: What I'm trying to get at is this:

4 I understood the dispute between Eddleman and Hollar, and 5 we're prepared to listen to that and hopefully resolve it.

6 This very morning in comes some objections from 7 the Staff to some of Mr. Eddleman's interrogatories, and I'm 8 wondering whether these go to the very same point or an 9 entirely different point?

10 MR. EDDLEMAN: I don' t know, Judge. I haven't 11 received any response or objections. They were supposed to 12 be filed on the 13th, I think.

() 13 MS. MOORE: No, that's incorrect. They were 14 supposed to be filed on January 16th, and they were served 15 on the 16th by Express Mail to Mr. Eddleman.

16 THE REPORTER: Excuse me. This is the reporter.

17 Could you please identify yourselves? -

18, MS. MOORE: Janice Moore.

19 You will have those interrogatories, I assume, 20 this afternoon.

~

21 MR. EDDLEMAN: Well, if it's X mail, I probably 22 won't, because I won' t be here to sign for them (laughing) .

23 MS. MOORE: Well --

24 MR. EDDLEMAN: Why don't you send me another copy

() 25 regular mail just to back it up?

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6470 01 16 10261 1 MS. MOORE: I'll see what I can do.

(}LIVEbw

. 2 JUDGE KELLEY: Let me make this point.

3 Ms. Moore, the -- or Mr. Rochils, I guess filed 4 these objections.

5 Is that right, Mr. Rochils?

6 MR. ROCHILS: Yes, your Honor.

7 JUDGE KELLEY: Would you please hang on here long 8 enough to find out whether what's being argued out.between 9 Mr. Hollar and Mr. Eddleman is the same thing?

10 MR. ROCHILS: Essentially so. What we're saying 11 is, the interrogatories that Mr. Eddleman uses are those 12 interrogatories posed by the Applicants, and we do not feel

(]) 13 that they're interrogatories of Mr. Eddleman, and we, at 14 this time don't feel that we should be required to answer 15 those interrogatories, absent a showing by Mr. Eddleman that 16 there's some need to answer those interrogatories.

17 MR. HOLLAR: Judge Kelly, this is Mr. Hollar.

18 JUDGE KELLEY: Excuse me.

19 Ladies and gentlemen, we're through with the 20 other discussion. Anybody who wants to listen to what's 21 about to follow is certainly welcome to do so. We'll go 22 ahead and -- a separate piece of business.

23 I suggest we take about a three-minute break and 24 pick it back up.

() 25 Just don' t hang up. All right?

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%j 1 MR. EDDLEMAN: Judge, can I ask -- because I'm 2 running up into my time problem here.

3 This is Eddleman.

4 JUDGE KELLEY: You have to leave in --

5 MR. EDDLEMAN: What I'm wondering is, could we 6 take this up in the conference call next week, since I will 7 then have gotten the chance to receive FEMA's objections?

8 JUDGE KELLEY: Sounds like a good idea.

~

9 MR. ROCHILS: That sounds fine.

10 MR. EDDLEMAN: All right. So we'll take this up 11 on the 23rd also.

12 JUDGE KELLEY: Let me see if it's okay with

() 13 Mr. Hollar.

14 What do you think of that, Mr. Hollar?

15 MR. HOLLAR: My only problem with that is, that 16 if we are required to in some way supplement our answers to 17 interrogatories, that this may impact upon the schedule for 18 summary disposition, and I don't want that to happen.

19 JUDGE KELLEY: What's the current due date, 20 Mr. Eddleman, for your opposition?

21 MR. EDDLEMAN: I think February 13th.

22 MR. HOLLAR:

23 JUDGE KELLEY: We're going to propose to do this 24 January 20 -- whatever it is. 20 --

( 25 MR. EDDLEMAN: -- 23rd. 5 ACE FEDERAL REPORTERS, INC.

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6470 02 01 10263 1 JUDGE KELLEY: 23rd. I don't see why it would.

{'J)LIVEbw s

2 MR. EDDLEMAN: Plus, I want to state for the 3 record that Mr. Hollar has known exactly what I want since 4 early January, because we've been negotiating about it and 5 failed to reach agreement.

6 So he knows that he'd have to answer, if he 7 losses.

8 JUDGE KELLEY: In any case, if Mr. Eddleman's 9 response to the motion for summary disposition isn't due 10 until almost three weeks after next week's phone call, '

11 I think we can accommodate that without any schedule 12 slippage.

() 13 MR. HOLLAR: Judge Kelley, what Mr. Eddleman has 14 asked us to do in this interrogatory is to answer all of the 15 interrogatories that we posed to him --

,16 MR. EDDLEMAN: Now that isn't correct, and you 17 know it's not. We negotiated about that, and I'm not going 18 to ask any more from the Board than we asked for in 19 negotiations, but I don't appreciate this kind of --

20 MR. HOLLAR: Mr. Eddleman --

21 MR. EDDLEMAN: -- characterization.

22 MR. HOLLAR: Mr. Eddleman, that is what your 23 interrogatory is. I know we've had some discussions about 24 trying to narrow that, but your interrogatory is still

() 25 considerably broader than what our discussions were.

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6470 02 02 10264 1 JUDGE KELLEY: Mr. Hollar and Mr. Eddleman, can

(')T q LIVEbw 2 you hear me?

3 MR. EDDLEMAN: Yes, sir.

4 JUDGE KELLEY: Will you please, both of you, stop 5 talking.

6 Either we're going to hear this this morning or 7 we're not.

8 I have a suggestion to hear it next week. I 9 don't see any reason not to hear it next week.

10 Now is there some good reason (inaudible) 11 hearing this matter next week, will not impact the schedule 12 for filings (inaudible) by anybody not to do it next week?

f'j) x ' 13 Yes or no.

14 Mr. Hollar, is that all right with you?

15 MR. HOLLAR: Judge Kelley, I think it's all -- I 16 think it will be all right, as long as it's un'derstood that 17 -- that the -- that what we may be required to do is limited 18 to the -- the matters that Mr. Eddleman and I have 19 discussed, as f ar as narrowing this interrogatory. If -- if 20 you take the interrogatory literally as it is worded in 21 Mr. Eddleman's set of interrogatories, it could requiire 22 much more work.

23 JUDGE KELLEY: Mr. Eddleman --

24 MR. EDDLEMAN: Judge, on the basis Mr. Hollar 25 stated, it's fine with me. I have no objection to going ACE-FEDERAL REPORTERS, INC.

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,CNLIVEbw 1 ahead the way you want to.

G 2 JUDGE KELLEY: So ordered. We'll discuss this 3 matter next week. At the same time, you will have received 4 the Staff's objection. We'll address that also, the whole 5 thing.

6 MR. EDDLEMAN: Thank you.

7 JUDGE KELLEY: On that basis, we'll talk to you 8 next Thursday at 10:30.

9 MR. EDDLEMAN: Judge, might : inquire about the 10 transcript? Can we get a copy of that?

11 JUDGE KELLEY: Yes.

12 MR. EDDLEMAN: Thank you.

13 This is Eddleman. ,

14 JUDGE KELLEY: Okay. Goodbye.

15 (Whereupon, at 11:07 a.m., the telephonic 16 conference was concluded.)

17 18 19 20 21 22 23 24 25 ACE FEDERAL REPORTERS, INC.

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CERTIFICATE OF OFFICIAL REPORTER g

b This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:

NAME OF PROCEEDING: CAROLINA POWER & LIGHT COMPANY and NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY (Shearon Harris Nuclear Power Plant)

DOCKET NO.: 50-400 OL PLACE: WASHINGTON, D. C.

DATE: FRIDAY, JANUARY 17, 1986 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.

(sigt) M ' k.

(TYPED) M JOSEPH R. MAGGIO Official Reporter ACE-FEDERAL REPORTERS, INC.

Reporter's Affiliation O

.