ML20137Q024

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Advises That ASLB Proceeded to Evidentiary Hearing W/O Waiting for NRC Investigation Results Re Drug Use at Facility.Requests Info Re Scope,Completion Time & Availability of Results Re Possible Ongoing Investigations
ML20137Q024
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 09/18/1985
From: Kelley J
Atomic Safety and Licensing Board Panel
To: Hayes B
NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20137P998 List:
References
OL, NUDOCS 8509190845
Download: ML20137Q024 (2)


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[(pua je, UNITED STATES

^~i NUCLEAR REGULATORY COMMISSION

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/., j WASHINGTON. D. C. 20555 s

e g..v...f September 18, 1985 Ben B. Hayes, Director Office of Investigations Rocm E-433 East West Towers / South Re:

Shearon Harris Operating License Proceeding Docket No. 50-400-0L Cear Mr. Hayes:

As you know, a contention concerning drug use at the Harris site is pending before this Licensing Board.

The Boar i recently denied a motion for summary disposition and the matter is set for an evidentiary hearing to commence on September 30, 1985.

In the course of establishing hearing dates, the Intervenor Conservation Council of North Carolina (CCNC) stated its understanding that your office "is independently investigating this matter with assistance from the N. C. State Bureau of Investigation and the local law enforcement agencies." CCNC Motion to Postpone Hearing, p. 1.

CCNC moved that the evidentiary hearing be pestponed so that the Staff and ultimately the hearing record would have the benefit of your investigatier.s.

In discussing the postponement motion, the Board and parties were also aware of your participation in the September 5, 1985 meeting with representatives of Carolina Power &

Light cencerning drug use at Shearon Harris.

You indicated then that your office would play an investigative role, but the scope of that role was somewhat unclear.

Tr. 41, 70-71.

4 Based on the information available to us and having weighed the i

relevant factors, the Board decided to proceed to evidentiary hearing without waiting for the results of any investigation you may undertake about drug use at Shearon Harris. The contention has been available for investigation by the parties for many months, discovery is complete, and the Applicants' anticipated fuel load date is approaching.

In these circumstances, the Board considers it prudent to proceed, subject to the possibility that your activities may later uncover relevant information that could require reopening of the record.

In the meantime, however, and in the interest of coordination between our on-the-record proceeding and your activities, please provide us with the following information (andkeepusapprisedofsubsequentdevelopments):

(1) Does your office have any ongoing investigations or other activities in progress concerning drug use at Shearon Harris?

(2)

If so, what is the scope of those investigations or activities?

0509190845 850918

$DR ADOCM 05000400 PDR

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2-(3) Approximately when do you expect those investigations or activities to be completed?

(4)

Subject to any need to protect confidential sources, will the results of those investigations or activities be made available to the Board and parties in this case?

Thank you for your cooperation.

Sincerely, k-4 M L. Kelley, Ch&irman Shearon Harris OL Board l

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