ML20137L663
| ML20137L663 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 09/06/1985 |
| From: | Runkle J CONSERVATION COUNCIL OF NORTH CAROLINA |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20137L650 | List: |
| References | |
| OL, NUDOCS 8509120447 | |
| Download: ML20137L663 (2) | |
Text
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September 6, 1985 CSCKETED U5.\\RC UNITED STATES OF AMERICA
- 22 NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Carolina Power & Light Company and
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Docket No. 50-400 OL North Carolina Eastern Municipal
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Power Agency
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(Shearon Harris Nuclear Power Plant)
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MOTION TO POSTPONE HEARING ON CONTENTION WB-3 Pursuant to 10 CFR 2.730, now comes the Conservation Council with a motion to postpone the hearing on our Contention WB-3 (Drug Abuse During Construction) until the week of December 2 (with a concomitant postponement of the date for filing testimony until November 18).
In support of this motion are the following:
1.
This postponement would allow the Staff to gather information from the Applicants and formulate a position regarding drug abuse during construction as the Staff stated it would do in its August 27, 1985, letter to the Board. Full Staff participation at the hearing would greatly assist the Board in reaching a decision on'this matter.
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2.
It is our understanding that the Office of Inspection and Enforcement (OI) is independently investigating this matter with assistance j
from the NC State Bureau of Investigation and other local law enforcement agencies. The results of this investigation will of course be highly relevant to the fair resolution of this matter and could bear greatly on the fonsulation of any Staf f position.
8509120447 850906 PDR ADOCK 05000400 Q
3.
Postponement until December will not adversely delay start-up of the plant as the proposed fuel loading date is set for next March with considerable testing needed before commerical operation. There will be a reasonable time for the parties to submit findings of fact and the Board to develop a decision in this matter. Of course, if the Board were to find that reinspection of various safety-related systems was required before an Operating License could be granted, the commercial start-up and full power operation of the plant could very well be delayed. This would occur only if the drug abuse was found to impact on the safe operation of the plant.
4.
The Board should be afforded the opportunity of a reasoned deliberation on the motion for summary disposition. The parties also will need more than ten days (if the present schedule is followed) to prepare testimony and more than a week to review the other parties' testimony and prepare for the hearing. This matter is made extremely complicated by considerations of ongoing criminal investigations and concerns for the personal safety of our witnesses.
5.
As a point of personal consideration, Counsel for the Conservation Council will be extremely busy in the next month in part by the necessity of filing a brief in the appeal of the safety and management contentions.
Counsel will also be attempting to clear up other legal matters before his trip out of the country.
Respectfully submitted, John Runkle Counsel for Conservation Council
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