ML20137J307

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Advises That NRC Has Insufficient Facts to Take Position on Applicant 850712 Motion for Summary Disposition of Intervenor Contention WB-3 Re Drug Abuse During Const.No Response Will Be Filed,Pending Receipt of Addl Info
ML20137J307
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 08/27/1985
From: Treby S
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Bright G, Carpenter J, Kelley J
Atomic Safety and Licensing Board Panel
References
CON-#385-363 OL, NUDOCS 8508300222
Download: ML20137J307 (2)


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ggycEn August 27, 1985

'85 AUG 29 All :56 CFFICE OF SEtntiAs 00CKETING & SERviU BRANCH James L. Kelley, Chairman Mr. Glen 0. Bright Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 1

Dr. James H. Carpenter Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington,' DC 20555 In the Matter of.

Carolina Power and Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant, Units 1 and 2)

Docket Nos. 50-400 OL and 50-401 OL

Dear Administrative Judges:

Currently pending before the Board is " Applicants' Motion For Sumary Disposition of CCNC Contention WB-3 (Drug Abuse During Construction)"

filed on July.12, 1985. On July 31, 1985, the Attorney General of North Carolina filed a petition to intervene pursuant to 10 C.F.R. 6 2.715(c),

accompanied by a response to Applicants' Motion and the Affidavit of S.L. Burch.

The Burch affidavit was proffered to assist the Board in developing a complete record and to enable the Board to make a more

.inionned decision. Applicants were granted. leave to submit a reply to the filing by the Attorney General of North Carolina and submitted their reply on August 16, 1985.

The NRC Staff response to the Applicants' Motion was scheduled to be

. filed on August 22, 1985. However, because of the seriousness with which the Staff regards this issue and the need for the Staff's senior management to consider the Staff's position, the Staff sought an extension of time. The extension of time was granted until August 27, 1985.

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'. Having carefully considered the information available to it, the Staff concludes that at this time it does not have sufficient facts to take a position on the Applicants' Motion for Summary Disposition.

The Staff has concluded that it needs to obtain additional information concerning the specific work performed by persons known or suspected to be involved in drug uso. The Staff will be in communication with the Applicants regarding the need for additional information.

Accordingly, the Staff wishes to advise the Board and parties that it will not be filing any response to the Applicants Motion for Summary Disposition.

Sincerely.

i'lt0, Stuart A. Treby Assistant Chief H aring Counsel cc: Serv' ice List t

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