ML20140E446
| ML20140E446 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 01/09/1985 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-019, CON-#185-19 OL, NUDOCS 8501110033 | |
| Download: ML20140E446 (5) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGBOARDLgE,iED In the. Matter of 85 JM 10 P3:28 CAROLINA POWER AND LIGHT COMPANY AND )
NORTH CAROLINA EASTERN MUNICIPAL
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Docket Nossic50-400t0tf, t.?
POWER AGEf'CY 00CX50}-(4gyL '"'-
(Shearon Harris Nuclear Power Plant, Units 1 and 2)
NRC STAFF RESPONSE IM OPPOSITION TO WELLS EDDLEMAN'S MOTION TO RECONSIDER DENIAL OF PROFFERED CONTENTION 41-E T.
INTRODUCTION On~ December 21, 1984, Mr. Eddleman filed a motion requesting that the Licensing Board reconsider its December 5,1984 denial of admission of proffered Contention 41-E.
The Staff's response in opposition follows.
II. BACKGROUND The background of Contention 41-E is set forth in the Staff's opposition dated November 13, 1984 to the contentions proffered on Mr.
Chan' Van Vo Davis' affidavit.1/ The Licensing Board in an oral ruling
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NRC Staff Response In Opcosition To Contentions Proffered By Wells Eddleman and CCNC Based Upon An October 6,1984 Affidavit of Chan Van Vo Davis.
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made.durino a conference telephone call denied admission of proffered Contention 41-E. Tr. 7381. Wells Eddleman now seeks reconsideration. 2_/
III. DISCUSSION Proffered Contention 41-E is a broad general allegation that Appli-cants' OA/QC programs, including inspection and record keeping, relating to pipe hangers has " broken down." That proffered contention states:
41-E There has been a breakdown in Harris QA/QC programs for safety-related pipe hanger recordkeeping, installations, and inspections, violating all 17 requirements of 10 C.F.R. 50 Appendix B.
Basis is as described in Chan Van Vo affidavit (1st available to me 10/22/84) is 17, 18, 1, 3, 4, 14, 15, 16, 19, 20, 21-(past noncompliances not corrected *), 22, 23, 24 &
- 26) This also includos the wholesale discarding of documents including pipe hanger documentation or packages,* to Mr. Chan Vo Vo's belief.
- These amplifications of CVV affidavit conveyed to me by his counsel by phone - 8 pm 10/24/84.-
The Staff's response to proffered Contention 41-E remains unchanged.
There is no specification of any defect in Applicants' QA/QC programs s
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.re at ng to p pe hangers in the Chan Van Vo Davis affidavit which raises an issue to be litigated. Secondly, the affidavit provides no basis in fact which on its face would support proffered Contention 41-E. Mr.
Eddleman states on transcript pages 5739-5743 that his contentions were drafted to go beyond the Chan Van Vo Davis affidavit, and they do.
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Wells Eddleman's Motion For Reconsideration of Ruling Re Contention
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41-E, dated December 21, 1984.
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1 IV. CONCLUSION The Licensing Board should adhere to its ruling made on December 5, 1984 that proffered Contention 41-E should not be admitted as an issue in controversy in this proceeding as it lacks the specificity and basis required by 10 C.F.R. 5 2.714.
Respectfully submitted, Charles A.Barth' Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of January, 1985 1
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tNISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of.
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Docket Nos. 50-400-OL
. CAROLINA POWER AND LIGHT COMPANY AND )l 50-401-OL NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power Plant, Units 1 and 2)
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CERTIFICATE 0F SERVICE I hereby certify that copies of "NRC STAFF RESPONSE IN OPPOSITION TO WELLS EDDLEMAN'S MOTION TO RECONSIDER DENIAL 0F PROFFERED CONTENTION 41-E" in th above captioned proceeding have been served on the following by deposit in the United States mail, f.rst class, or, as indicated by an asterisk, through i
deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of January 1985:
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 Travis Payne, Esq.
723 W. Johnson Street Mr. Glenn 0. Bright
- P. 0. Box 12643 Administrative ~ Judge Raleigh, NC 27605 Atomic Safety and Licensin; Board U.S. Nuclear Regulatory Commission Dr. Linda Little Washington, DC 20555 Governor's Waste Management Building 513 Albermarle Building Dr. James H. Carpenter
- 325 North Salisbury Street Administrative Judge Raleigh, NC 27611 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Dr. Harry Foreman, Alternate
- Washington, DC 20555 Administrative Judge P.O. Box'395 Mayo Daniel F. Pead University of Minnesota CHANGE Minneapolis, MN 55455 P. O. Box 2151 Raleigh, NC 27602 4
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-2, Robert P. Gruber John Runkle, Executive Coordinator Executive Director Conservation Counsel of North Public Staff.- NCUC Carolina P.O. Box 991 307 Granville Rd.
Raleigh, NC 27602 Chapel Hill, NC 27514 George Trowbridge, Esq.
Bradley W. Jones, Esq.
Thomas A. Baxter, Esq.
Regional Counsel John H. O'Neill, Jr., Esq.
USNRC, Region II Shaw, Pittman, Potts & Trowbridge 101 Marietta St., N.W.
1800 M Street, N.W.
Suite 2900 Washington, DC 20036 Atlanta, GA 30323 Atomic Safety and Licensing Board Wells Eddleman Panel
- 718-A Iredell Street U.S. Nuclear Regulatory Commission Durham, NC 27701 Washington, DC 20555 Richard E. Jones, Esq.
Steven Rochlis Associate General Counsel Regional Counsel Carolina Power & Light Company FEMA 1371 Peachtree Street, N.E.
P. O. Box 1551 Atlanta, GA 30309 Raleigh, NC 27602 Spence W. Perry, Esq.
Atomic Safety and Licensing Appeal Associate General Counsel Board Panel
- Office of General Counsel U.S. Nuclear Regulatory Commission FEMA 500 C Street, S.W., Room 840 Washington, DC 20555 Washington, DC 20472 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Charles A. Barth Counsel for NRC Staff
.