|
|
| Line 16: |
Line 16: |
|
| |
|
| =Text= | | =Text= |
| {{#Wiki_filter:}} | | {{#Wiki_filter:- - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ |
| | DOCKETED |
| | 'JSNRC September 7, 1982 12 SP -8 N1:18 0FFICI C' 3ELEi!M.. |
| | 00CKEIDS & SEH" ' |
| | ; w-Io UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS!sG BOARD In the Matter of ) |
| | ) |
| | CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY ) |
| | ) |
| | (Shearon Harris Nuclear Power ) |
| | Plant, Units 1 and 2) ) |
| | APPLICANTS' RESPONSE TO PETITIONER RICHARD D. WILSON'S MOTION TO COMPEL SERVICE OF DOCUMENTS TO INTERVENORS on August 10, 1982, Applicants filed their " Position on Service of Documents to Intervenors". There Applicants committed to provide copies of all documents filed with the Director of Nuclear Reactor Regulation ("NRR" also used synonymously herein with "NRC Staff") in support of the2r application for operating licenses directly to the public documents rooms. Furthermore, to i |
| | ( |
| | ensure all intervenors have notice of amendments to the FSAR and ER, or responses to formal NRC Staff questions, Applicants committed to serve all intervenors with the cover letters which forward such documents to NRR. |
| | 8209130037 820907 PDR ADOCK 05000400 -- vs G PDR '3 |
| | ~s |
| | ) N~4 (," , __/ |
| | QV Q |
| | |
| | Petitioner Richard D. Wilson apparently was not satisfied and filed a " Motion to Compel Service of Documents i |
| | .to Intervenors" on August 20, 1982. Dr. Wilson argues that the Commission's regulations at 10 C.F.R. S 2.701(b) require service of all documents " offered for filing" on "all parties". |
| | Thus in Dr. Wilson's view service of only the cover letter i which forwards amendments to the ER, amendments to the PSAR and l |
| | responses to NRC Staff auestions is deficient. Dr. Wilson suggests |
| | , pre]udice in not having the opportunity to receive " free of charge" all documents filed with the NRC Staff, who, like the Intervenors, is a party to the instant proceeding. |
| | Chapel Hill Anti-Nuclear Group Effort (" CHANGE") / |
| | Environmental Law Project ("ELP") filed an " Answer in Support of Motion" on August 30, 1982. CHANGE /ELP argues that Section 2.701(b) requires documents " offered for filing" to be served on all parties, and that the application, which includes the FSAR, is " filed"; thus 1 |
| | _ amendments to the FSAR are part of the application -- as such must |
| | , be " filed" -- and therefore, it is argued, must be served. |
| | . Both Dr. Wilson and CHANGE /ELP demonstrate a fundamental misunderstanding of the licensing process. An application for an operating license is filed with the Director of NRR pursuant to 10 C.F.R. 9 2.101 and 10 C.F.R. S 50.30. An adjudicatory hearing i |
| | need not be held. If no request for a hearing or petition for i |
| | leave to intervene is filed, pursuant to 10 C.F.R. S 2.105 (e) (1) the Director of NRR may issue the license after satisfactory completion of the NRC Staff technical and environmental review. |
| | / |
| | l |
| | , . _ - , _ , _ _ . . . _ _ - - - - . _ . , . , . , , , , . , , . - .m , .,, - - _ - - - - - . . _ - - _ . , __ |
| | |
| | If requests for a hearing and petitions to intervene are properly filed and the designated Atomic Safety and Licensing Board determines that there are matters in controversy, an adjudicatory proceeding is held only on such matters in controversy. See 10 C.F.R. Part 2, App. A, VIII. |
| | Section 2.701, relied on by Dr. Wilson and CHANGE /ELP, deals only with documents to be " filed with the Commission in adjudications." 10 C.F.R. 5 2. 701(a) . The Director of NRR and his staff continue with their comprehensive review of the Applicants' application for an operating license on a somewhat independent path. |
| | 1 i |
| | l Thus, the only documents required by S 2.701(b) to be l filed upon all parties are those documents filed in support of 1 |
| | adjudication of the issues in controversy. All documents filed with the Director of NRR or his staff need not be served on the Board much less on all parties. |
| | Because there is no requirement to file such documents 4 |
| | j on all parties, the Board had asked Applicants' and the NRC Staff's i position on whether, as a matter of discretion, the Board should order the Applicants to do so. As set forth in Applicants' response l |
| | l l |
| | 1 |
| | |
| | I |
| | ; 'I of August 10, 1982, there has been no demonstration that such a l |
| | } requirement of Applicants is necessary or warranted to ensure a l fair adjudication of any issues found to be in controversy. |
| | l Respectfully submitted, George F. Trowbrid@e, P.C. |
| | Thomas A. Baxter, P.C. ' |
| | i John H. O'Neill, Jr. |
| | SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W. |
| | ; Washington, D.C. 20036 j (202) 822-1000 , |
| | Richard E. Jones |
| | , Samantha Francis Flynn j CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 |
| | ; Raleigh, North Carolina (919) 836-7707 Counsel for Applicants 4 |
| | Dated: September 7, 1982 1 |
| | 1 i |
| | l I |
| | l 4 |
| | l l |
| | |
| | d September 7, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter ) |
| | ) |
| | CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY ) |
| | ) |
| | (Shearon Harris Nuclear Power ) |
| | Plant, Units 1 and 2) ) |
| | CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response To Petitioner Richard D. Wilson's Motion To Compel Service Of Documents To Intervenors" were served this 7th day of Septmeber, 1982, by U.S. mail, first class to those parties on the attached Service List: |
| | James L. Kelley, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 |
| | ! Mr. Glenn O. Bright l |
| | Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Dr. James H. Carpenter l Atomic Safety and Licensing Board I U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l |
| | Charles A. Barth, Esquire l Stuart A. Treby, Esquire Marjorie Rothschild, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t |
| | |
| | 9 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, North Carolina 27514 Mr. Daniel F. Read, President Chapel Hill Anti-Nuclear Group Effort P.O. Box 524 Chapel Hill, North Carolina 27514 Mr. John Runkle Conservation Council of North Carolina 307 Granville Road Chapel Hill, North Carolina 27514 M. Travis Payne, Esquire Edelstein and Payne P.O. Box 12643 Raleigh, North Carolina 27605 Dr. Richard D. Wilson 729 Hunter Street Apex, North Carolina 27502 Mr. Wells Eddleman 718-A Iredell Street Durham, North Carolina 27705 Ms. Patricia T. Newman Mr. Slater E. Newman Citizens Against Nuclear Power 2309 Weymouth Court Raleigh, North Carolina 27612 I |
| | ( Richard E. Jones, Esquire l |
| | Vice President and Senior Counsel Carolina Power & Light Company P.O. Box 1551 Raleigh, North Carolina 27602 J |
| | Tnomas A. Baxter, P.C. |
| | l f |
| | I}} |
|
|---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999
NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc
ML20217H9661999-10-20020 October 1999
NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence
ML20217E0881999-10-18018 October 1999
Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018
ML20217F7711999-10-17017 October 1999
Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence
ML20217F7681999-10-17017 October 1999
Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence
ML20217D6181999-10-14014 October 1999
Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence
ML20217E2611999-10-13013 October 1999
Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence
ML20217E2581999-10-13013 October 1999
Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc
ML20217E1461999-10-13013 October 1999
Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence
ML20217D5561999-10-13013 October 1999
Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence
ML20217D5761999-10-13013 October 1999
Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence
ML20217D6201999-10-12012 October 1999
NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence
ML20217D5661999-10-12012 October 1999
NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence
ML20212M0271999-10-0707 October 1999
Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007
ML20212L1441999-10-0505 October 1999
NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence
ML20212J0801999-09-29029 September 1999
Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence
ML20212G0001999-09-24024 September 1999
Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence
ML20212G0081999-09-24024 September 1999
Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence
ML20212D7151999-09-20020 September 1999
Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence
ML20212D8521999-09-20020 September 1999
Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence
ML20212C1231999-09-17017 September 1999
Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence
ML20211N7481999-09-10010 September 1999
NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence
ML20211N5021999-09-0808 September 1999
Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence
ML20211M4201999-09-0707 September 1999
Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence
ML20211M5001999-09-0303 September 1999
Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence
ML20211H4931999-08-30030 August 1999
Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence
ML20211B7951999-08-23023 August 1999
NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence
ML20211B8361999-08-23023 August 1999
Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence
ML20210T3531999-08-16016 August 1999
Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence
ML20210L9571999-08-0606 August 1999
Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence
ML20216E2041999-07-29029 July 1999
Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730
ML20210B2271999-07-21021 July 1999
Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc
ML20209G7371999-07-16016 July 1999
Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716
ML20209D1791999-07-12012 July 1999
Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712
ML20212J5831999-07-0101 July 1999
Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc
ML20196A8751999-06-22022 June 1999
Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622
ML20207D6991999-05-27027 May 1999
Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc
ML20207D6651999-05-27027 May 1999
Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc
ML20207D6891999-05-27027 May 1999
Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc
ML20206R8731999-05-20020 May 1999
Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520
ML20206R2411999-05-13013 May 1999
Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl
ML20206H9331999-05-11011 May 1999
Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511
ML20206G4051999-05-0505 May 1999
Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc
ML20206F9491999-05-0505 May 1999
NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc
ML20206A0851999-04-22022 April 1999
Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc
ML20205Q8121999-04-21021 April 1999
Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421
ML20196K8771999-04-0505 April 1999
Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding
ML20196K8861999-04-0505 April 1999
Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend
ML20205E3101999-04-0101 April 1999
Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203
ML20196K9041999-03-31031 March 1999
Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc
1999-09-08
[Table view]
Category:PLEADINGS
MONTHYEARML20217D6181999-10-14014 October 1999
Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence
ML20217E1461999-10-13013 October 1999
Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence
ML20217E2581999-10-13013 October 1999
Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc
ML20210B2271999-07-21021 July 1999
Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc
ML20207D6651999-05-27027 May 1999
Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc
ML20207D6891999-05-27027 May 1999
Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc
ML20205A9201999-03-26026 March 1999
Motion for Approval of Protective Order.* Orange County,With Support of CP&L & Nrc,Requests Board Approval of Encl Protective Order.With Certificate of Svc
ML20204E5341999-03-17017 March 1999
Orange County Second Motion for Extension of Time to File Proposed Protective Order.* Licensing Board Granted Motion to Extend Deadline for Filing Proposed Protective Order Until 990304.With Certificate of Svc
ML20207L4041999-03-16016 March 1999
NRC Staff Answer to Orange County Motion to Relocate Prehearing Conference.* NRC Has No Objections to Relocating Prehearing Conference,Time or Place.With Certificate of Svc
ML20204C9721999-03-15015 March 1999
Applicant Response to Bcoc Motion to Relocate Prehearing Conference.* Applicant Requests That Prehearing Conference Be Held in Hillsborough,Nc.Location Available to Hold Prehearing Conference on 990513.With Certificate of Svc
ML20207K1391999-03-0909 March 1999
Orange County Motion to Relocate Prehearing Conference.* Requests Licensing Board Relocate Prehearing Conference Scheduled for 990511 to Site in Area of Shearon Harris Npp. with Certificate of Svc
ML20127M4091992-10-0202 October 1992
CP&L Response to Appeal to NRC Commissioners of NRC Staff Denial of Nirs Petitions for Immediate Enforcement Action of 920721 & 0812.* Commission Should Affirm NRR Denial of Nirs Petitions.Certificate of Svc Encl
ML20213A0091987-01-28028 January 1987
NRC Staff Response to Intervenor Application for Stay of ALAB-856.* Motion Should Be Denied Since Coalition for Alternatives to Shearon Harris Lacks Standing to File Motion & 10CFR2.788 Criteria Not Met.Certificate of Svc Encl
ML20212R6431987-01-27027 January 1987
NRC Staff Motion for Extension of Time.* Motion for Extension Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856.Certificate of Svc Encl
ML20212R6861987-01-27027 January 1987
Licensees Answer to Conservation Council of North Carolina/ Eddleman Motion for Stay.* Motion Should Be Summarily Denied.Certificate of Svc Encl
ML20209A7191987-01-27027 January 1987
NRC Staff Motion for Extension of Time.* One Day Extension of Time Until 870128 to File Response to Intervenors Motion for Stay of ALAB-856 Requested.Granted for ASLB on 870128.W/ Certificate of Svc
ML20207N6051987-01-10010 January 1987
Conservation Council of North Carolina,Wells Eddleman,Pro Se & Coalition for Alternatives to Shearon Harris Motion to Stay Effectiveness of Licensing of Shearon Harris Nuclear Power Plant.* W/Certificate of Svc
ML20207M0191987-01-0808 January 1987
Motion to Continue Commission decision-making Re Licensing of Shearon Harris Nuclear Power Plant.* Requests NRC Refrain from Issuing Full Power OL Until Criteria Assuring Safe Operation Met.Certificate of Svc Encl
ML20214A5171986-11-17017 November 1986
Response Opposing State of Nc Atty General 861028 Motion Re Applicant Request for Exemption from Portion of 10CFR50, App E & Part IV.F.1.Certificate of Svc Encl
ML20197C8511986-11-0303 November 1986
Response to Atty General of State of Nc 861028 Motion to Dismiss,As Moot,Util 860304 Request for Exemption from 10CFR50,App E Requirement for Full Participation Exercise 1 Yr Prior to Full Power License.W/Certificate of Svc
ML20215M2281986-10-28028 October 1986
Motion for Inquiry Into Feasibility of Applicant 860304 Request for Exemption from Requirement That full-scale Emergency Preparedness Exercise Be Conducted within 1 Yr Prior to Issuance of Ol.Certificate of Svc Encl
ML20215G7061986-10-17017 October 1986
Response Opposing W Eddleman & Coalition for Alternatives to Shearon Harris 861006 Brief Requesting Hearing on Util Request for Exemption from Performing full-scale Emergency Exercise,Per Commission 860912 Order.W/Certificate of Svc
ML20215J6121986-10-17017 October 1986
W Eddlemen & Coalition for Alternatives to Shearon Harris Petition,Per 10CFR2.206 to Revoke,Suspend or Modify Cp. Certificate of Svc Encl
ML20203N9191986-10-14014 October 1986
Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Request for Hearing on Util Request for Exemption from Requirement to Conduct Full Participation Exercise.Certificate of Svc Encl
ML20210V1571986-10-0606 October 1986
Answer in Opposition to Coalition for Alternatives to Shearon Harris,W Eddleman & Conservation Council of North Carolina 860915 Motion to Reopen Record.Related Info & Certificate of Svc Encl
ML20210S9871986-10-0606 October 1986
Brief Opposing Applicant 860304 & 0710 Requests for Exemption from 10CFR50,App E Requirement to Conduct Full Participation Exercise of Emergency Mgt Plan within 1 Yr Prior to Operation.W/Certification of Svc
ML20214S0831986-09-25025 September 1986
Applicant Answer Opposing 860915 Coalition for Alternatives to Shearon Harris (Cash) Motion to Reopen Record.Motion Opposed Since Cash Not Party in OL Proceeding.Certificate of Svc Encl
ML20214R0531986-09-24024 September 1986
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
ML20214R3681986-09-23023 September 1986
Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman Request for 2-wk Extension to Respond to Commission 860912 Order Re Exemption from Requirements of 10CFR50,App E.W/Certificate of Svc
ML20214Q9531986-09-19019 September 1986
Requests Extension of Time Until 2 Wks from 860929 Deadline to Respond to 860912 Order Requiring Analysis of 10CFR50.12 Specific Exemptions
ML20210D9001986-09-15015 September 1986
Motion to Reopen Record,Per 10CFR2.734,asserting That Commission Unable to Determine Reasonableness of Assurance That Plant Can Operate W/O Endangering Public Health & Safety.Certificate of Svc & Insp Rept 50-400/85-48 Encl
ML20203M0021986-08-28028 August 1986
Response Opposing Coalition for Alternatives to Shearon Harris/Eddleman 860731 Joint Petition for Hearing on Exemption Request Re Full Participation Emergency Preparedness Exercise.W/Certificate of Svc
ML18004A4681986-08-15015 August 1986
Response to Coalition for Alternatives to Shearon Harris 860702 Show Cause Petition Re Emergency Planning Requirements,Filed Per 10CFR2.206.Petition Should Be Denied Due to Lack of Basis for Action.Certificate of Svc Encl
ML20205F3591986-08-15015 August 1986
Response to Coalition for Alternatives to Shearon Harris 860702 2.206 Petition to Show Cause Re Emergency Planning Requirements,P Miriello Allegations & Welding Insps.Show Cause Order Unwarranted.W/Certificate of Svc
ML20205F4131986-08-14014 August 1986
Answer Opposing Intervenor 860730 Petition for Review of Aslab 860711 Memorandum & Order Denying Two Requests for Relief.Petition Lacks Important Procedural Issue.Certificate of Svc Encl
ML20205F2251986-08-14014 August 1986
Answer Opposing Coalition for Alternatives to Shearon Harris & W Eddleman 860730 Petition for Commission Review Per 10CFR2.786.W/Certificate of Svc
ML20203K1511986-07-30030 July 1986
Petition for Commission Review of Aslab 860711 Memorandum & Order Denying Coalition for Alternative to Shearon Harris 860609 Petition to Intervene.Certificate of Svc & Svc List Encl
ML20212A6071986-07-25025 July 1986
Response to ASLAP 860708 Order Requiring Licensee to Update Re Emergency Plan.Chatham County Resolution Does Not Resolve Issues Re Adequacy of Plan.Resolution False. Certificate of Svc Encl
ML20207J8281986-07-24024 July 1986
Response Opposing W Eddleman 860403 Request for Hearing on Util Request for Exemption from Emergency Preparedness Exercise Requirement.W/Certificate of Svc
ML20211Q5221986-07-23023 July 1986
Answer Opposing Coalition for Alternatives to Shearon Harris 860721 Motion for 10-day Extension to File Brief Supporting 860721 Notice of Appeal & Request for Review of Aslab 860711 Memorandum & Order.W/Certificate of Svc
ML20207E4231986-07-18018 July 1986
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
ML20199L1671986-07-0808 July 1986
Suppl to 860624 Response to Conservation Council of North Carolina & Eddleman Request to Continue Stay Indefinitely.On 860707,Chatham County Adopted Resolution Which Endorses Emergency Plan.W/Certificate of Svc
ML18019B0891986-07-0202 July 1986
Petition Requesting Institution of Proceedings Per 10CFR2.206,requiring Util to Respond to Show Cause Order Due to Failure to Meet Required Stds in Areas of Emergency Planning,Plant Safety,Security & Personnel Stress
ML20206R8691986-06-30030 June 1986
Response Opposing Coalition for Alternatives to Shearon Harris (Cash) 860609 Petition for Leave to Intervene.Any Cash Participation Would Cause Delay in Proceedings.Petition Should Be Rejected as Untimely Filed
ML20206P6641986-06-25025 June 1986
Response to Coalition for Alternatives to Shearon Harris & W Eddleman 860428 Motion for Stay of Immediate Effectiveness of Final ASLB Decision.Motion Should Be Denied.Certificate of Svc Encl
ML20206J3641986-06-24024 June 1986
Response Opposing Conservation Council of North Carolina & W Eddleman 860609 Motion to Stay All Power Operations Per ASLB 860428 Final Decision.Motion Fails to Show Single Significant Safety Issue.W/Certificate of Svc
ML20206J2051986-06-24024 June 1986
Response to Intervenors Conservative Council of North Carolina & W Eddleman Request to Continue Stay Indefinitely. Certificate of Svc & Svc List Encl
ML20211D8641986-06-0909 June 1986
Requests to Continue Temporary Automatic Stay of ASLB Authorization of Full Power Operations Indefinitely.Low Power Operations Should Be Stayed Until NRC Completes Immediate Effectiveness Review & Encl Comments Resolved
ML20199E4441986-06-0909 June 1986
Request to Indefinitely Continue Temporary Automatic Stay as to ASLB Authorization of Full Power Operations Until Commission Resolves Issue Raised in Encl Comments on Immediate Effectiveness Review
ML20205T4001986-06-0909 June 1986
Appeal from Final Licensing Board Decision to Grant Ol.Board Erred in Determining That Widespread Drug Abuse Had No Effect on Const,In Accepting Applicant Nighttime Alert & Notification Plans & in Rendering Final Decision
1999-07-21
[Table view] |
Text
- - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _
DOCKETED
'JSNRC September 7, 1982 12 SP -8 N1:18 0FFICI C' 3ELEi!M..
00CKEIDS & SEH" '
- w-Io UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS!sG BOARD In the Matter of )
)
CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY )
)
(Shearon Harris Nuclear Power )
Plant, Units 1 and 2) )
APPLICANTS' RESPONSE TO PETITIONER RICHARD D. WILSON'S MOTION TO COMPEL SERVICE OF DOCUMENTS TO INTERVENORS on August 10, 1982, Applicants filed their " Position on Service of Documents to Intervenors". There Applicants committed to provide copies of all documents filed with the Director of Nuclear Reactor Regulation ("NRR" also used synonymously herein with "NRC Staff") in support of the2r application for operating licenses directly to the public documents rooms. Furthermore, to i
(
ensure all intervenors have notice of amendments to the FSAR and ER, or responses to formal NRC Staff questions, Applicants committed to serve all intervenors with the cover letters which forward such documents to NRR.
8209130037 820907 PDR ADOCK 05000400 -- vs G PDR '3
~s
) N~4 (," , __/
QV Q
Petitioner Richard D. Wilson apparently was not satisfied and filed a " Motion to Compel Service of Documents i
.to Intervenors" on August 20, 1982. Dr. Wilson argues that the Commission's regulations at 10 C.F.R. S 2.701(b) require service of all documents " offered for filing" on "all parties".
Thus in Dr. Wilson's view service of only the cover letter i which forwards amendments to the ER, amendments to the PSAR and l
responses to NRC Staff auestions is deficient. Dr. Wilson suggests
, pre]udice in not having the opportunity to receive " free of charge" all documents filed with the NRC Staff, who, like the Intervenors, is a party to the instant proceeding.
Chapel Hill Anti-Nuclear Group Effort (" CHANGE") /
Environmental Law Project ("ELP") filed an " Answer in Support of Motion" on August 30, 1982. CHANGE /ELP argues that Section 2.701(b) requires documents " offered for filing" to be served on all parties, and that the application, which includes the FSAR, is " filed"; thus 1
_ amendments to the FSAR are part of the application -- as such must
, be " filed" -- and therefore, it is argued, must be served.
. Both Dr. Wilson and CHANGE /ELP demonstrate a fundamental misunderstanding of the licensing process. An application for an operating license is filed with the Director of NRR pursuant to 10 C.F.R. 9 2.101 and 10 C.F.R. S 50.30. An adjudicatory hearing i
need not be held. If no request for a hearing or petition for i
leave to intervene is filed, pursuant to 10 C.F.R. S 2.105 (e) (1) the Director of NRR may issue the license after satisfactory completion of the NRC Staff technical and environmental review.
/
l
, . _ - , _ , _ _ . . . _ _ - - - - . _ . , . , . , , , , . , , . - .m , .,, - - _ - - - - - . . _ - - _ . , __
If requests for a hearing and petitions to intervene are properly filed and the designated Atomic Safety and Licensing Board determines that there are matters in controversy, an adjudicatory proceeding is held only on such matters in controversy. See 10 C.F.R. Part 2, App. A, VIII.
Section 2.701, relied on by Dr. Wilson and CHANGE /ELP, deals only with documents to be " filed with the Commission in adjudications." 10 C.F.R. 5 2. 701(a) . The Director of NRR and his staff continue with their comprehensive review of the Applicants' application for an operating license on a somewhat independent path.
1 i
l Thus, the only documents required by S 2.701(b) to be l filed upon all parties are those documents filed in support of 1
adjudication of the issues in controversy. All documents filed with the Director of NRR or his staff need not be served on the Board much less on all parties.
Because there is no requirement to file such documents 4
j on all parties, the Board had asked Applicants' and the NRC Staff's i position on whether, as a matter of discretion, the Board should order the Applicants to do so. As set forth in Applicants' response l
l l
1
I
- 'I of August 10, 1982, there has been no demonstration that such a l
} requirement of Applicants is necessary or warranted to ensure a l fair adjudication of any issues found to be in controversy.
l Respectfully submitted, George F. Trowbrid@e, P.C.
Thomas A. Baxter, P.C. '
i John H. O'Neill, Jr.
SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
- Washington, D.C. 20036 j (202) 822-1000 ,
Richard E. Jones
, Samantha Francis Flynn j CAROLINA POWER & LIGHT COMPANY P.O. Box 1551
- Raleigh, North Carolina (919) 836-7707 Counsel for Applicants 4
Dated: September 7, 1982 1
1 i
l I
l 4
l l
d September 7, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter )
)
CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY )
)
(Shearon Harris Nuclear Power )
Plant, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response To Petitioner Richard D. Wilson's Motion To Compel Service Of Documents To Intervenors" were served this 7th day of Septmeber, 1982, by U.S. mail, first class to those parties on the attached Service List:
James L. Kelley, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555
! Mr. Glenn O. Bright l
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Dr. James H. Carpenter l Atomic Safety and Licensing Board I U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
Charles A. Barth, Esquire l Stuart A. Treby, Esquire Marjorie Rothschild, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t
9 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, North Carolina 27514 Mr. Daniel F. Read, President Chapel Hill Anti-Nuclear Group Effort P.O. Box 524 Chapel Hill, North Carolina 27514 Mr. John Runkle Conservation Council of North Carolina 307 Granville Road Chapel Hill, North Carolina 27514 M. Travis Payne, Esquire Edelstein and Payne P.O. Box 12643 Raleigh, North Carolina 27605 Dr. Richard D. Wilson 729 Hunter Street Apex, North Carolina 27502 Mr. Wells Eddleman 718-A Iredell Street Durham, North Carolina 27705 Ms. Patricia T. Newman Mr. Slater E. Newman Citizens Against Nuclear Power 2309 Weymouth Court Raleigh, North Carolina 27612 I
( Richard E. Jones, Esquire l
Vice President and Senior Counsel Carolina Power & Light Company P.O. Box 1551 Raleigh, North Carolina 27602 J
Tnomas A. Baxter, P.C.
l f
I
