ML20198E103
| ML20198E103 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 05/21/1986 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#286-234 OL, NUDOCS 8605270287 | |
| Download: ML20198E103 (5) | |
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BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL BO M
In the Matter of
)
)
CAROLINA POWER AND LIGIIT
)
COMPANY AND NORTH CAROLINA
)
Docket No.
50-400 OL EASTERN MUNICIPAL POWEP
)
AGENCY
)
)
(Shearon Ilarris Nuclear Power Plant, )
Unit 1)
)
NRC STAFF / FEMA MOTION FOR LEAVE TO WITHDRAW NOTICE OF APPEAL I.
INTRODUCTION On May 8,
1986, the Staff of the Nuclear Regulatory Commission (Staff) on its own behalf and on behalf of the Federal Emergency Management Agency (FEMA) filed a notice setting forth its intent to appeal the Licensing Board's final decision in the above-captioned proceeding.
The Staff hereby moves the Atomic Safety and Licensing Appeal Doard for leave to withdraw that Notice of Appeal.
II.
DISCUSSION Since the filing of the Notice of Appeal, both the Staff and FEMA have continued their detailed review of the portion of the Licensing Board's decision concerning nighttime alerting.
This review has demonstrated that the Staff's concern with that portion of the decision centers on the decision's generic implications.
That is, has the decision established a standard for nighttime notification different from that which 8605270287 860521 PDR ADOCK 05000400 G
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y 1 is contained in 10 C.F.R. Part 50, Appendix E, Section IV.D.3, and does the decision contain language which while, not directly affecting Shearon liarris, could affect future operating license proceedings.
By letter dated November 19, 1985, the Licensing Board stated to the Commission its concern that nighttime notification could be a generic problem.
Both the Applicants and the Staff responded to the Board's letter. II The Commission asked the Staff for further clarification of its position, to which the Staff has also responded.
Finally, the Licensing Board recently sent a second letter to the Commission reiterating and further specifying its generic concerns. 3,/
Thus, the Commission has under consideration a generic issue to which the Staff's concerns with the Licensing Board's decision would be applicable.
The Staff would not, if it were to prosecute an appeal of the decision, contest the Licensing Board's ruling on the particular contention litigated in Ilarris.
The Staff agrees with the Licensing Board that Applicants' alert and notification system is adequate to awaken sleeping people.
Ilowever, the Staff would raise issues pertaining to the implications of the Licensing Board's generic interpretation of the
-1/
Letter to the Commissioners from Thomas A.
B axter, Counsel for Applicants (December 2, 1985); Memorandum to the Commissioners from William J. Dircks, Executive Director for Operations, regarding Nighttime Emergency Notification (December 11, 1985).
-2/
Memorandum to Victor Stello, Acting Executive Director for Opera-tions, from Samuel S.
Chilk, Secretary, Office of the Commission (February 2, 1986); Memorandum to the Commissioners from Victor
- Stello, Acting Executive Director for Operations (February 24, 1986).
-3/
Letter to the Commission from James R. Kelley, James H. Carpenter and Glen O. Bright (May 16, 1986).
1 L Commission's regulations.
In view of the pendency of the generic issue before the Commission, the Staff concludes that the appropriate forum for discussion of any generic issues is before the Commission.
Accordingly, the Staff is moving to withdraw its Notice of Appeal.
III.
CONCLUSION In light of the above, the Staff seeks leave of the Appeal Board to withdraw its notice of Appeal.
Respectfully submitted, Wk b b '\\T N \\
Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of Play,1986 I
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UNITED STATES OF AMERICA asSNbI NUCLEAR REGULATORY COMMISSION N CNC 7
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h BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL BO N
In the Matter of
)
)
CAROLINA POWER AND LIGIIT
)
COMPANY AND NORTII CAROLINA
)
Docket No.
50-400 OL EASTERN MUNICIPAL POWER
)
AGENCY
)
)
(Shearon Harris Nuclear Power Plant, )
Unit 1)
)
CERTIFICATE OF SERVICE I herchy certify that copies of "NRC STAFF / FEMA MOTION FOR LEAVE TO WITIIDP.AW NOTICE OF APPEAL" in the above-captioned proceeding have been served on the following by deposit in the United States mail first class, or (*) through deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of May,1986:
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 Commission Washington, DC 20555 Mr. Glenn O. Bright
- Travis Payne, Esq.
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 II. 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
f
' Steven Rochlis, Esq.
- 11. Joseph Flynn, Esq.
Regional Counsel Associate General Counsel FEhlA Office of General Counsel 1371 Peachtree Street, N.E.
FEMA Atlanta, GA 30300 500 C Street, S.W. Rm 840 Washington, DC 20472 Atomic Safety and Licensing Appeal Bradley W. Jones, Esq.
Board Panel
- Regional Counsel, USNRC, Region II U.S. Nuclear Regulatory Commission 101 Marietta St., N.W. Suite 2900 Washington, DC 20555 Atlanta, GA 30323 Robert P. Gruber Executive Director Thomac A. Baxter, Esq.
Public Staff - NCUC John H. O'Neill, Jr., Esq.
P.O. Box 991 Shaw, Pittman, Potts & Trowbridge Raleigh, NC 27003 1800 M Street, N.W.
Washington, DC 2003G Wells Eddleman Atomic Safety and Licensing Board 812 Yancy Street Panel
- Durham, NC 27701 U.S. Nuclear Regulatory Commission Washington, DC 20555 Richard E. Jones, Esq.
H. A. Cole, Jr., Esq.
Vice President and Senior Counsel Special Deputy Attorney General Carolina Power e Light Company P.O. Box 620 411 Fayetteville Street Mall Raleigh, NC 27601 Raleigh, FC 27602 0 YL )YS Janice E. Moore Counsel for NRC Staff