ML20140D876

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Response to 841211 Motion to Receive Addl Evidence Re Eddleman Contention 41.Motion Should Be Denied.Certificate of Svc Encl
ML20140D876
Person / Time
Site: Harris  
Issue date: 12/18/1984
From: Barth C
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
CON-#484-687 OL, NUDOCS 8412190236
Download: ML20140D876 (4)


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December 18, 1984

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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CAROLINA POWER AND LIGHT COMPANY AND NORTH CAROLINA EASTERN MUNICIPAL Docket Nos. 50-400 OL POWER AGENCY 50-401 OL

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(Shearon Harris Nuclear Power Plant, Units 1 and 2)

NRC STAFF RESPONSE TO APPLICANTS' MOTION TO RECEIVE ADDITIONAL EVIDENCE REGARDING EDDLEMAN CONTENTION 41 I.

INTRODUCTION On December 11, 1984, the Applicants filed a motion to have the evidentiary record on Eddleman Contention 41 reopened to receive into evidence proffered Exhibits 27 and 28. The Staff's response in 4

opposition follows.

II. BACKGROUND Hearings were held on Eddleman Contention 41 (pipe hanger weld inspection program) and closed on November 15, 1984, transcript page 7366.

III.

DISCUSSION During the course of the hearing Eddleman Exhibits 47 and 22 were accepted into evidence (Tr. pp. 7001 and 6749 respectively) These exhibits consisted of interim reports on pipe hanger weld problems. The Applicants' Motion seeks to reopen the record to receive the final versions of these interim reports.

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The Applicants' Motion, on page 3, states that proffered Exhibits 27 and 28 would make no substantive change in the record.

In view of the Staff's argument at transcript page 3941 opposing Intervenors' proposed submission of additional documents after the record is closed ar.d the Applicants' representation that no substantial change would be made by the proffered exhibits, we see no reason to grant the Applicants' Motion.

IV. CONCLUSION The Applicants' Motion should be denied.

Charles A. Barth Counsel for NRC Staff dated at Bethesda, Maryland this 18th day of December, 1984

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD LF d: si ca,,_.

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CAROLINA POWER AND LIGHT COMPANY AND NORTH CAROL!t:A EASTERN MUNICIPAL Docket tios. 50-400 OL POWER AGENCY 50-401 OL (Shearon Harris Nuclear Power Plant,

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Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANTS' MOTION TO RECEIVE ADDITIONAL EVIDENCE REGARDING EDDLEMAN CONTENTION 41" in the above-captioned proceeding have been served by the Staff on the following by deposit in the United States mail, first class, or deposit in the Nuclear Regulatory Comission's internal mail system (*), this 18th day of December, 1984.

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 Comission Washington, DC 20555 Mr. Glenn 0. Bright

  • Travis Payne, Esq.

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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

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Steven Rochlis Spence W. Perry, Esq.

Regional Counsel Associate General Counsel FEMA Office of General Counsel 1373 Peachtree Street, N.E.

FEMA Atlanta, GA 30309 500 C Street, SW Rm 840 Washington, DC 20472 Atomic Safety and Licensing Appeal Bradley W. Jones, Esq.

Board Panel Regional Counsel, USNRC, Region II U.S. Nuclesr 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 Nells 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 Charles A. Barth Counsel for NRC Staff 4

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