ML20207E423

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Response to Aslab 860708 Order to File Update to Re Chatham County,Nc Rescission of Prior Approval of Emergency Response Plan.Chatham County Endorsed Plan on 860707.W/Certificate of Svc
ML20207E423
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 07/18/1986
From: Baxter T
CAROLINA POWER & LIGHT CO., NORTH CAROLINA MUNICIPAL POWER AGENCIES, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#386-059, CON-#386-59 OL, NUDOCS 8607220339
Download: ML20207E423 (6)


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DOCKETED DWFy 18, 1986 16 JS. 21 PI:12 UNITED STATES OF AMERICA NUCLEAR REGULATO%KF@OtWIISMORy 00CKETING ?. SEPV!Cf.

BRANCH BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of

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CAROLINA POWER & LIGHT COMPANY

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and NORTH CAROLINA EASTERN

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Docket No. 50-400 OL MUNICIPAL POWER AGENCY

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(Shearon Harris Nuclear Power

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Plant)

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APPLICANTS' RESPONSE TO APPEAL BOARD ORDER OF JULY 8, 1986 By letter of May 29, 1986, Applicants provided the Atomic Safety and Licensing Appeal Board with a copy of a resolution adopted on May 27, 1986, by the Board of Commissioners of Chatham County, North Carolina.

In that resolution, Chatham County, part of which is located in the plume exposure pathway emergency plan-ning zone, rescinded its prior approval of the emergency response plan for the Shearon Harris Nuclear Power Plant pending further examination of the plan.

Applicants indicated that they would report back to the Appeal Board after consulting with involved off-site emergency response organizations.

Having received no further information from Applicants, on July 8, 1986, the Appeal Board issued an order directing Appli-I cants to file by July 18, 1986, an update to their earlier let-ter.

Other parties wishing to respond to Applicants' filing were directed to do so by July 25, 1986.

8607220339 860718

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k Coincidentally, on the same day the Appeal Board issued its order, Applicants filed a follow-up letter with the Appeal Board, reporting on "A Resolution Concerning the Shearon Harris Nuclear Power Plant," adopted by the Chatham County Board of Commission-ers on July 7, 1986.

The resolution states, in part, that "Chatham County endorses the emergency plan jointly developed with Wake, Lee and Harnett Counties and the State of North Carolina," and "Chatham County agrees to carry out the responsi-bilities identified in the plan both during training exercises and in the event of an actual emergency."1!

The July 7 resolution clearly eliminates any doubts which the May 27 resolution may have created about Chatham County's participation in and support of off-site emergency response plan-ning for the Harris plant.

Since the July 7 resolution restores the pre-May 27 status quo, the appeals from the Partial Initial Decision on Emergency Planning and Safety Contentions, LBP-85-49, 22 N.R.C.

899 (1985), and the Final Licensing Board Decision, LBP-86-ll, 23 N.R.C.

294 (1986), are unaffected.

There is no need to revise the emergency response plan, on which FEMA and the l

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Copies of the resolution and letters of July 7, 1986, from chairman Thompson of the Chatham County Board of Commicsioners to Chairman Zech and Governor Martin were attached to " Supplement to t

Applicants' Response to CCNC and Eddleman Request to Continue Stay Indefinitely," filed with the Commission on July 8, 1986.

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NRC Staff based their findings,2/ to change the roles and respon-sibilities of the major response organizations.

Respectfully submitted, Thomas A. Baxter, P.C.

SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C.

20036 (202) 822-1090 Richard E. Jones Dale E.

Hollar CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Counsel for Applicants Dated:

July 18, 1986 2/

See NUREG-1038 (Safety Evaluation Report related to the operation of the Shearon Harris Nuclear Power Plant, Unit No. 1),

Supplement No. 3 (May 1986), at 13-2, 13-3.

July 18, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of

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CAROLINA POWER & LIGHT COMPANY

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and NORTH CAROLINA EASTERN

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Docket No. 50-400 OL MUNICIPAL POWER AGENCY

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(Shearon Harris Nuclear Power

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Plant)

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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Ap-peal Board Order of July 8, 1986" were served this 18th day of July, 1986, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

l L A. k Thomas A.

Baxter, P.C.

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4

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of

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CAROLINA POWER & LIGHT COMPANY

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and NORTH CAROLINA EASTERN

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Docket No. 50-400 OL MUNICIPAL POWER AGENCY

)

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(Shearon Harris Nuclear Power

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Plant)

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SERVICE LIST t

Thomas S. Moore, Esquire Dr. James H. Carpenter Chairman Atomic Safety and Licensing Board Atomic Safety and Liccnsing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Charles A. Barth, Esquire Janice E. Moore, Esquire Dr. Reginald L. Gotchy Office of the General Counsel Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear ~ Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Docketing and Service Section Office of the Secretary Mr. Howard A. Wilber U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C.

20555 l

U.S. Nuclear Regulatory Commission Mr. Daniel F. Read, President l

Washington, D.C.

20555 CHANGE P.O. Box 2151 James L. Kelley, Esquire Raleigh, North Carolina 27602 Chairman Atomic Safety and Licensing Board John D. Runkle, Esquire U.S. Nuclear Regulatory Conservation Council of North Carolina Commission Washington, D.C.

20555 307 Granville Road 1

Chapel Hill, North Carolina 27514 l

Mr'. Uca G. & QM Atomic Safety and Licensing Board Dr. Richard D. Wilson U.S. Nuclear Regulatory 729 Hunter Street Commission Apex, North Carolina 27502 Washington, D.C.

20555 i

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M. Travis Payne, Esquire

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Edelstein and Payne P.O. Box 12607 Raleigh, North Carolina 27605 Richard E. Jones, Esquire Vice President and Senior Counsel Carolina Power & Light Company P.O. Box 1551 Raleigh, North Carolina 27602 s

Bradley W.

Jones, Esquire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 H. A. Cole, Jr., Esquire Special Deputy Attorney General 200 New Bern Avenue Raleigh, North Carolina 27601 Joseph Flynn,-Esquire Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C.

20740 Steven Rochlis, Esquire l

Regional Counsel Federal Emergency Management Agency l

1371 Peachtree Street, N.E.

Atlanta, Georgia 30309 Dr. Linda W.

Little Governor's Waste Management Board 513 Albemarle Building 325 North Salisbury Street-l Raleigh, North Carolina 27611 Mr. Wells Eddleman 812 Yancey Street j

Durham, North Carolina 27701 i

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