ML20214R053

Response Opposing Eddleman/Coalition for Alternatives to Shearon Harris 860919 Request for Extension of Time to Respond to Commission 860912 Order.W/Certificate of Svc

ML20214R053
Person / Time
Site:	Harris
Issue date:	09/24/1986
From:	Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-861 OL, NUDOCS 8609290054
Download: ML20214R053 (8)

Text

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'86 SEP 25 N1 :36 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF PJ ') . : . n

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BEFORE THE COMMISSION BRANCH In the Matter of )

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CAROLINA POWER AND LIGHT )

COMPANY AND NORTH CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER )

AGENCY )

)

(Shearon Harris Nuclear Power Plant, )

Unit 1) )

NRC STAFF RESPONSE OPPOSING THE EDDLEMAN/

CASII REQUEST FOR EXTENSION OF TIME TO RESPOND TO TIIE COMMISSION'S ORDER OF SEPTEMBER 12, 1986

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Charles A. Barth Counsel for NRC Staff September 24, 1986 8609290054 860924 PDR ADOCK 05000400 Q PDR LSo? .--

DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF!CE Or SEL 2in .'

BEFORE THE COMMISSION O

gjh'j/[N In the Matter of )

- )

CAROLINA POWER AND LIGHT )

COMPANY AND NORTH CAROLINA ) Docket No. 50-400 OL

, EASTERN MUNICIPAL POWER )

AGENCY )

)

(Shearon Harris Nuclear Power Plant, )

Unit 1) )

NRC STAFF RESPONSE OPPOSING THE EDDLEMAN/

CASH REQUEST FOR EXTENSION OF TIME TO RESPOND TO THE COMMISSION'S ORDER OF SEPTEMBER 12, 1986 Charles A. Barth Counsel for NRC Staff September 24, 1986

9/24/86 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )

)

CAROLINA POWER AND LIGHT )

COMPANY AND NORTil CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER )

AGENCY )

)

(Shearon Harris Nuclear Power Plant, )

Unit 1) )

NRC STAFF RESPONSE OPPOSING THE EDDLEMAN/

CASH REQUEST FOR EXTENSION OF TIME TO RESPOND TO TIIE COMMISSION'S ORDER OF SEPTEMBER 12, 1986 I. INTRODUCTION By motion dated September 19, 1986, Coalition for Alternatives to Shearon Harris (CASH) and Wells Eddleman, seek an extension of time in which - to respond to the Order of the Commission dated September 12, 1986. The period of time for the extension requested is two weeks or until "the week of October 13th." Motion at 2. For the reasons stated below, the Staff opposes the Motion.

II. BACKGROUND On March 4, 1986, Applicants requested an exemption from the requirement that a full-scale emergency preparedness exercise be conducted "within 1 year before the issuance of the operating license for full power and prior to operation above 5% of rated power of the first reactor . . . . " 10 C.F.R. Part 50, App. E, 5 IV.F.1.

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On April 3, 1986, Wells Eddleman, an Intervenor, requested a hearing on this exemption request. On August 5,1986, Eddleman, joined this time by the Coalition for Alternatives to Shearon Harris (CASH),

again requested a hearing on the exemption request. Both Applicants and the NRC staff opposed the hearing requests.

In an Order issued September 12, 1986, the Commission did not rule on the merits of the relief requested. Rather the Commission requested Mr. Eddleman and CASH to file a written brief by September 29, 1986 identifying what material issues of fact they believe warrant a hearing; indicating the contentions they seek to litigate; identifying what material facts are in dispute; and setting forth what their position is and the factual basis for such position.

1 III. DISCUSSION f The Staff opposes the request for an extension of time. The Commission's Statement of Policy on Conduct of Licensing Proceedings 1 requires that the 10 C.F.R. I 2.711 " good cause" standard for adjusting times be met before granting an extension of time. In the Staff's view, the " good cause" standard has not been met in the instant Motion.

On April 3, 1986 Mr. Eddleman knew what material issues of fact he believed were in dispute, what his position was, and what factual basis supported him. The Commission's Order of September 12, 1986 simply tells Mr. Eddleman to set forth in writing by September 29, 1986

! -1/ Statement of Policy on Conduct of Licensing Proceedings, CLI-81-8, 13 NRC 452, 454 (1981).

i l

, the views he held on April 3,1986 when he filed his request for hearing on the exemption. The Commission's Order also requests that Mr. Eddleman identify material issues of fact in controversy as to whether the standards of 10 C.F.R. I 50.12(a)(1) and (2) have been met and,-

finally, that Mr. Eddleman should set forth his rationale for believing that an oral hearing is necessary to resolve factual disputes.

It takes no analysis of novel law or consultation with unknown Washington attorneys 2,/ for Mr. Eddleman to tell the Commission what he had in mind six months ago and what facts support him; whether the exemption would create an undue risk to public health, whether there are no special circumstances present which would warrant granting the exemption and

, why an oral hearing is necessary.

In summary, the Commissien's Order of September 12, 1986 asks only what Mr. Eddleman reasonably should be able to do by September 29, 1986, i.e. provide a factual exposition of his position which he has held since April,1986 when he filed his request for hearing on the exemption.

The Commission's Order does not request involved or complex technical or legal analysis. For'these reasons, there is no showing of good cause in the Motion for Mr. Eddleman himself not complying with the Order and the request for an extension of time should be denied.

2/ There has been no Notice of Appearance filed for CASH or Mr. Eddleman by any attorney located in Washington. A reference to unspecified time conflicts for unidentified attorneys cannot serve as good cause for a request for an extension of time.

I

IV. CONCLUSION For the reasons set forth above, the Motion seeking an extension of time to respond to the Commission's September 12, 1986 Order should be denied.

Respectfully submitted, e2-4 Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 24th day of September,1986

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DOCHETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '86 SEP 25 21:36 BEFORE THE COMMISSION OFFICE GF ut, , ;;py DOCKETInu >. svymr' BRANJy In the Matter of )

)

CAROLINA POWER AND LIGHT )

COMPANY AND NORTil CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER

)

AGENCY )

)

(Shearon liarris Nuclear Power Plant, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE OPPOSING THE EDDLEMAN/CASil REQUEST FOR EXTENSION OF TIME TO RESPOND TO TIIE COMMISSION'S ORDER OF SEPTEMBER 12,1986" 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 24th day of September, 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 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 CIIANGE Conservation Counsel of North Carolina P.O. Box 2151 307 Granville Rd.

Raleigh, NC 27602 Chapel 11111, NC 27514

H. Joseph Flynn, Esq.

Associate General Counsel Office of General Counsel FEMA 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 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 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 & Light Company P.O. Box 629 411 Fayetteville Street Mall Raleigh, NC 27601 Raleigh, NC 27602 Samuel J. Chilk*

Docketing and Service Section* Secretary of the Commission Office of the Scretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Charles A. Barth '

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Counsel for NRC Staff

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