ML20215M228
| ML20215M228 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 10/28/1986 |
| From: | Long K, Sanford J NORTH CAROLINA, STATE OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#486-1303 OL, NUDOCS 8610300117 | |
| Download: ML20215M228 (8) | |
Text
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j]o3 000KETED UNITED STATES USNHC NUCLEAR PECULATORY COMMISSION REFORE THE COMMISSION 86 0CT 29 A10:27 In the Matter of
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CAROLINA POWEP & LIGHT COMPANY
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GFFICE d 5' 3 t "
and NORTH CAPOLINA EASTERN
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Docket No. 50-400 OI, 00CKElthG?- l'..
MUNICIPAL POWER AGENCY
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tlIM ih '
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(Sheiron Parris Nuclear Power Plant)
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ATTORP!EY CENERAL'S MOTION REGARDING APPLICANTS' REOUEST FOR EXEMPTION FROM PORTION OF 10 C.F.R. PART 50, APPENDIX E, S IV. F.
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NOW COMES North Carolina Attorney General Lacy H. Thornburg, pursuant to G.S. SS 62-20 and 114-2,- having previously intervened in these licensina proceedings and recuests of this Commission an i
inquiry into the current feasibility of Applicant-CPEL's request for an exespelon from a portion of the recuirements of 10 CFR f
Part 50.
In support thereof, the Attorney General shows the following :
1.
The recuest at issue was initiated by CPEL's letter of
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j March 4,
1986 to Harold Denton, Director of the Office of Nuclear If Reactor Regulation, recuesting an exemption from the recuirement l
i that a full-scale emergency preparedness exercise (hereaf ter i
- Full Participation ExerclSe* or "FPE*) be conducted *within one year before the issuance of the operating license for full power u
and prior to operation above 5% of rated power of the first L
reactor..." 10 CFR part 50, App.
E, 5 IV. F.1.
2.
Based on a review of CP&L's filings and announcements with respect to this issue; the Attorney General agrees with the 8610300117 861028 PDR ADOCK 05000400 G
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, ised by,the exemption the
- simple matter ra ise must be Applicants that a full-participation exerc such regularly request...(1sl.... whether is prior to the next
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3 and counties have set l
conducted for Shearon HarrCP&L, the State scheduled exercise, which 1987.*
[Acolic for February 28,
, 10-14-86, p. BJ ddleman of Anril 3,1986, wells E Brief ny letter to Mr. Denton CP&L's i
recuest a hearing on the exempt on 3
986.
petitioned for a filino of April 22, 1 the NRC was contained in 6, CP&L asked that In a letter of June 10,198of the exemption requests response then on 4.
staf f suspend consideration ption of active 1986, the Company sought resum July 10, in consideration thereof.
1986 the NRC Staff responded I
By filing of July 24,Eddleman petition for a hear ing.
5 ddlernan opposition to the April 3 this Ccmmission from E letter to
(" CASH *)
A July 31, 1986 rnatives to Shearon Harris 6.
l exemption and the Coalition for A te for a hearing on the was flied on Auqust 28, i
sqain pressed the petit onin opposition r
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CPEL's response requese:
l i sion ordered Mr. Rddleman f
On September 12, this Comm saddress certain issues.
1986.
Mr.
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CP&L and the NRC Staff to I
I and CASH,
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.. Eddleman and CASH were directed to address, inter alla, whether there are any material issues of fact regarding whether the standards of 10 CFR 50.12 (a)(1)&(2) for granting an exemption have been met.
CP&L was directed to respond thereto af ter which the NRC Staf f was to file its response which was additionally to 1
i advise the Commission of its views regarding whether the exemotion request should be granted.
9.
The referenced filings were made on October 6 by i
Eddleman/ CASH, October 14 by CP&L and October 17 by the NRC i
Staff.
9.
Upon review of the enumerated filings and of numerous other relevant materials, the Attorney General submits the i
followinq observations:
(a) CPSL's March, 1986 request (for an f
exemption from the portion of 10 CFR part 50, l
App.
E, 4 IV.F.1. which recuired that an FPE be conducted within a year prior to issuance of the full power license) was apparently premised upon the Company's perception that it I
would otherwise be ready for commercial or full power operation orior to the exercise scheduled for February 1987, from which it followed that oranting of the exemption would avoid a " delay
- in full power licensing.
t (b) Both CP5L and the NRC Staf f in their filings rely heavily on the fact that an FPE will be conducted in February 1987 to suoport their position that the exemption should be granted.
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-4.
(c) It is now October 28 and CP&L has just received a license to load fuel and test at up to 54 capacity.
(d) Upon information and belief, the Attorney General submits that a period of time of approximately six months is deemed to be reasonably required from the date of fuel load licensing to the date of readiness for full power operation.
(e) Only four months remain from today until February 27, 1987, date of the next scheduled FPE.
(f) The possibility of CP&L being otherwise ready for full power operation prior to the February scheduled FPR would thus seem to be highly unlikely at this points it follows that the premise upon which CP&L's March recuest for an exemption was made has been rendered moot by the passage of time and the concomitant delays in construction.
(,T, If it is correct that CPEL will not be at the point of readiness for full-power operation by Februarv, 1987, then the recuest for exemption from the "1 year prior" requirement is rendered moot since CP&L will l
have conducted the February FPE orior to the issuance of any operating license. This would seem to render the present inquiry into hearing rights, changes in circumstances, etc.
a futile exercise.
10.
Upon inquiry, information and belief, the Attorney I
General submits that of four previous instances (in 1985) in which waivers of the "one-year prior" provision of the rule were allowed by the NRC, the applicant companies were in positions to secure a full-power license within substantially shorter periods
4 i
4 of time from point of last emergency exercise [1.e., 12 1/2 I
months (Waterford), 15 months (Byron), 12 3/4 months (Fermi 2),
and 12 1/3 months (Limerick)]. By contrast, it has already been 17 months since CP&L's May 1985 exercise and the Company has i
just secured a fuel load license; further, reasonably accurate determination of any full power readiness date has apparently not been possible, but the likelihood of it beino prior to February
.i 27, 1987 appears, in all candor, to be remote.
11.
The Attorney General, having previously espoused his position that the NPC should comply with its regulations and i
require an FPE within one year prior to full power operation of i
the plant, states that nothing included in or omitted from this i
j pleading modifies that position.
WHEREFORE, witheat regard to the legal or factual issues l
i bearing on the requirements of a hearing on the exemption reouest, the Attorney General urges that this Commissions
- 1. Inouire of its staf f and of CPEL as to the
.nrobability of readiness for full power operation by or before February 27, 1987
- 2. Consider and determine that, unless CPEL demonstrates a reasonable possibility of being ready for a full operating license by February i
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t p.
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. 27, 1987, the reauest for an exemption is moot and should be dismissed.
This the 28th day of October, 1986.
Respectfully submitted, LACY H. THORNBURG Attorney General
_ } $ /I.....h' fed./
..i 'I Jo Anne Sanford Special Depu,ty Attorney General
!b.o., - 54'* ('
K.tren E.
Long
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Assistant Attorney General s
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D0LBEllP USHbt UNTTED STATES NUCLEAR RE7JLATOPY COMMISSION REFORE THE COMMISSION g T,T 29 N0 27 In the Matter of
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GFFh i e-
.'f CAROLINA POWER & LIGHT COMPANY
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00CKEling.,t'NH1 and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL NU' " "
MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power Plant)
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CERTIFICATE OF SERVICE I hereby certify that copies of ATTORNEY GENERAL'S MOTION REGARDING APPLICANTS' REQUEST FOR EXEM PTION in the above-caotioned proceeding have been seryc1 on the following by deposit in the United States mail first class, or by Zap Mail this 28th day of October, 1986:
Docketing and Service Section H. Joseph Flynn, Esq.
Office of the Secretary Regional Counsel, FEMA U.S. Nuclear Regulatory Comm.
500 C Street, SW Room 840 1717 H St. N.W.
Washinoton, D. C. 20472 Washington, D. C. 20555
. Atomic Safety & Licensing Rd.
Harold Denton, Director U.S. Nuclear Requlatory Comm.
Office of Nuclear Regulation Washington, D. C. 20555 U.S. Nuclear Regulatory Comm.
Washingten, D. C. 20555 Richard E. Jones, Esc.
Carolina Power & Light Co.
Charles R. Barth. Esq.
411 Fayetteville St. Mall Janice E.
Moore, Esc.
Raleigh, N. C. 27602 Office of General Counsel U.S. Nuclear Regulator Comm.
Robert P. Gruber Washington, D. C. 20555 Public Staff - NCUC Post Office Rox 991 Thomas A.
Baxter, Esq.
Raleigh, N. C. 27602 John H. O'Neill, Jr., Esq.
Shaw, P i t tm an, Potts & Trowbridge Wells Eddleman 2300 N Street, N.W.
812 Yancey Street Washington, D. C. 20037 Durhan, N. C. 27701 Rradley W.
Jones, Esq.
Robert EDting, ESQ.
Regional Counsel, USNRC Region II CASH 101 Marietta St.,
NW Suite 2900 P. O. Rox 1329 Atlanta, Georgia 30323 Chapel Hill, N. C. 27514
.g Steven P.
Katz, CASH 604 Chacel Hill St.
- Durham, N. C. 27701 steven Pochlis, Esq.
Regional Counsel, FEMA Daniel F.
Read 1371 Peachtree Street NE CHANGE Atlanta, Georgia 30303 P.O. Box 2151
- Raleigh, N. C.
27602 Pichard D. Wilson, M.D.
Travis Payne, Esq.
729 Hunter Street P. O. Box 12643
- Apex, N.
C. 27502
- Raleigh, N. C. 27605 Dr. Linda Little John Runkle, Esq Gov. W.sste Management aldg.
Conservation Counsel of N.C.
325 North Salisoury St.
307 Granville Road
- Raleigh, N. C.
27611 Chapel 9ill, N.
C. 27514 This the 28th day of October, 1986.
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Faren E.
Long Assistant Attorney General