ML20206R251

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Responds to Addressed to Chairman Jackson Requesting That NRC Grant Standing to Orange County Board of Commissioners in Shearon Harris Proceeding Currently Before Board.With Certificate of Svc.Served on 990519
ML20206R251
Person / Time
Site: Harris 
Issue date: 05/19/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Weatherly K
AFFILIATION NOT ASSIGNED
References
CON-#299-20400 LA, NUDOCS 9905200047
Download: ML20206R251 (7)


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e UNITED STATES y

NUCLEAR REGULATORY COMMISSION 4

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E WASHINGTON,0.C. 205$5-0001 t;3qFC k

May 19, 1999

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'99 MAY 19 P2 :45 SECRETARY OF".

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p The Honorable Keith H. Weatherly Mayor Apex, North Carolina 27502

Dear Mayor Weatherly:

N l am responding to your letter of May 5,1999, addressed to Chairman Shirley Ann Jackson. In your letter you requested that the Nuclear Regulatory Commission (NRC) grant standing to the Orange County Board of Commissioners in the Shearon Harris proceeding (Docket No. 50-400-LA), which is currently before an NRC Atomic Safety and Licensing Board (ASLB). As noted in your letter, Orange County has filed an intervention petition with the Commission challenging the license amendment request of Carolina Power and Light to increase the spent fuel storage capacity at the Shearon Harris plant.

Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

With respect to your request that a hearing in the proceeding be held in the iriangle area, I am enclosing a recent order of the ASLB for the Shearon Harris proceeding. The first prehearing conference held on May 13,1999, was held in Chapel Hill, North Carolina. As indicated in the enclosed Order, subsequent locations for hearings will be designated should the standing and related issues be resolved in favor of the Orange County Board of Commissioners.

A copy of your letter and this respon9e will be placed in the Shearon Harris hearing docket and served on the parties to the proceeding.

Sincerely, W

Annette L. Vietti-Cook

Enclosure:

As stated 9905200047 990519 PDR ADOCK 05000400 O

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UNITED STATES OF AMERICA l

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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G.

Paul Bollwerk, III, Chairman Frederick J.

Shon Dr. Peter S.

Lam gp In the Matter of Docket No. 50-400-LA CAROLINA POWER & LIGHT COMPANY ASLBP No. 99-762-02-LA (Shearon Harris Nuclear May 11, 1999 Power Plant)

NOTICE (Changing Location and Starting Time for Initial Prehearing Conference)

After consultation with the participants, the Licensing Board has decided to change the location of the it.itial prehearing conference, scheduled to begin on Thursday, May 13, 1999, to provide additional space for members of the public who wish to attend.

The new location for the conference is Southern Human Resources Center, Main Meetino Room, 2505 Homestead Road, Chacel Hill, North Carolina.

Further, to accommodate those who may need additional time to locate this new venue, the starting time for the May 13 session of the prehearing conference has been moved back j

l one-half hour to 10:00 a.m.

As was noted in the Board's April 21, 1999 order regarding the prehearing conference location, this j

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i prehearing conference is being convened so that the Board can hear arguments from counsel for petitioner Board of Commissioners of Orange County (BCOC), applicant Carolina Power and Light Co. (CP&L), and the NRC staff regarding the issues of BCOC's standing and the admissibility of its submitted contentions.

If-BCOC subsequently is found to have. standing and to l

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have submitted one or more litigable contentions, the Board will issue a notice of hearing.that, in accordance with 10 C.F.R.

S 2.715(a), will afford members of the public an opportunity to provide written or, as appropriate, oral limited appearance statements on the issues.

The Board will i

issue a further notice outlining the times, places, and conditions of participation in the event the Board provides an opportunity for oral limited appearance statements.

FOR THE ATOMIC SAFETY'

-AND LICENSING BOARD

  • jd. lJ Yul. Uf.

G.

Paul Bollwerk, III-ADMINISTRATIVE JUDGE Rockville, Maryland May 11, 1999

  • Copies of.this~ notice were sent this date by Internet e-mail. transmission to counsel for (1) applicant CP&L; (2) intervenor BCOC; and (3) the staff.

UNITED STATES OF AMERICA l

NUCLEAR REGULATORY COMMISSION In the Matter of CAROLINA POWER & LIGHT COMPANY Docket No.(s) 50-400-LA (Shearon Harris Nuclear Power Plant)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE (CHANGING LOCATION...)

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Frederick J. Shon Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel l

Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Marian L. Zobler, Esq.

Richard G. Bachmann, Esq.

Diane Curran, Esq.

Office of the General Counsel Harmon, curran, Spielberg Mail Stop 15 B18

& Eisenberg, L.L.P.

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555 Washington, DC 20036 William D. Johnson-John H. O'Neill, Jr., Esq.

Vice President and Senior Counsel William R. Ho11away, Esq.

Carolina Power & Light company Shaw, Pittman, Potts & Trowbridge P. O. Box 1551 2300 N Street,.NW Raleigh, NC 27602 Washington, DC 20037

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Docket No.(s)50-400-LA NOTICE (CHANGING LOCATION...)

Dated at Rockville, Nd. this 11 day of May 1999

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Office of the Secretarfof the Costhission

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CAROLINA POWER & LIGHT COMPANY Docket No.(s) 50-400-LA (Shearon Harris Nuclear Power Plant)

CERTIFICATE OF SERVICE i

I hereby certify that copies of the foregoing LTR SECY TO MAYOR WEATHERLY have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

j Administrative Judge Office of Commission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Frederick J. Shon Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety ana Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Connission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 i

l Marian L. Zobler, Esq.

Richard G. Bachmann, Esq.

Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg Mail Stop 15 B18

& Eisenberg, L.L.P.

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555 Washington, DC 20036 William D. Johnson John H. O'Neill, Jr., Esq.

Vice President and Senior Counsel William R. Ho11away, Esq.

Carolina Power & Light Company Shaw, Pittman, Potts & Trowbridge P. 0. Box 1551 2300 N Street, NW Raleigh, NC 27602 Washington, DC 20037

Docket No.(s)50-400-LA LTR SECY TO MAYOR WEATHERLY Dated at Rockville, Md. this 19 day of May 1999 Office of the Secretsty of the #ommission