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Category:INTERVENTION PETITIONS
MONTHYEARML20206G4051999-05-0505 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 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20206J9151986-06-24024 June 1986 Response to Petition of Coalition for Alternatives to Shearon Harris (Cash) for Leave to Intervene.Petition Filed on 860609,4 Yrs After Deadline.Cash Should Be Foreclosed from Participation.W/Certificate of Svc ML20205T4071986-06-0909 June 1986 Petition of Coalition for Alternatives to Shearon Harris for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20204A4891986-05-0808 May 1986 Response to Conservation Council of North Carolina & W Eddleman Request for Admission of New Contention WB-4 Re Falsification of Exposure Records.Request Should Be Denied. Certificate of Svc & SA Browne Affidavits Encl ML20210K6981986-04-22022 April 1986 Motion for Admission of New Contention WB-4, Falsification of Exposure Records. Records Systematically Falsified to Reflect Lower Doses to Workers.Requests Opportunity to Respond If Contention Opposed ML20136J4171986-01-0303 January 1986 Answer to W Eddleman 851223 Response to Contention 57-C-57 Re Contaminated Injured Persons.Contentions Should Be Limited to Issues Heard in Guard Vs Nrc.Contention Opposed. Certificate of Svc Encl ML20137H7251985-11-22022 November 1985 Petition of Atty General of State of Nc for Leave to Intervene ML20133J2301985-10-15015 October 1985 Response in Opposition to W Eddleman Proposed Contention Re Emergency Planning Exercise.Svc List,Exercise Evaluation Rept,Operations Journal & Insp Rept 50-400/85-20 Encl ML20133K6601985-10-15015 October 1985 Response to W Eddleman 850930 Proposed Contentions Based on Emergency Planning Exercise.Certificate of Svc Encl ML20133F3661985-09-30030 September 1985 Requests That Listed Contentions Based on May 1985 Emergency Planning Exercise Be Admitted as There Are No Other Means or Parties to Protect or Represent Author Interests in Matters.Certificate of Svc Encl ML20134H2051985-08-26026 August 1985 Response in Opposition to W Eddleman Contentions Re Spill of Reactor Water.Contention Should Be Rejected for Failure to Comply w/10CFR2.714(b).Certificate of Svc Encl ML20134H2201985-08-23023 August 1985 Response to W Eddleman Proposed Contentions EM-1,EM-2 & EM-3 Re Notification of State & Local Emergency Mgt Agencies. Contentions Should Not Be Admitted Due to Lack of Requisite Basis & Specificity.Certificate of Svc Encl ML20133A0341985-07-31031 July 1985 Petition of Lh Thornburg for Leave to Intervene ML20128H4071985-05-22022 May 1985 Response Opposing W Eddleman 850429 Proffered Contentions 227-CC & 227-DD Re Allegations That Public Info Brochure Must Provide Directions to Evacuation Shelters & Title on Evacuation Routes Chart Misleading.Certificate of Svc Encl ML20117H6751985-05-0909 May 1985 Response Opposing Eddleman Proposed Contentions 227-CC & 227-DD Re Brochure Evacuation Route Chart.Contentions Constitute Editing of Brochure & Therefore Not Litigable. Certificate of Svc Encl ML20116L7211985-04-29029 April 1985 Petition Requesting Admittance of Contentions 227-CC & DD Re Brochure Additions Served on 850416 Concerning Emergency Plan Evacuation & Shelter for Settlement or Litigation. Certificate of Svc Encl ML20102A7691985-02-0606 February 1985 Response Opposing Intervenor 850118 Request for New Contention WB-3 Re Drug Use During Const.Contention Lacks Basis & Specificity & Unsubtantiated Broad Issues Delay Proceeding.Certificate of Svc Encl ML20102A4201985-02-0404 February 1985 Submits Diesel Generator Info & Contentions 178-AA & 179-AA for Litigation,In Response to Past ASLB Order ML20113D9501985-01-18018 January 1985 Request for Admission of New Contention WB-3 Re Drug & Alcohol Abuse at Const Site.News Article Supporting Contention & Certificate of Svc Encl ML20108A2281984-11-13013 November 1984 Response to Late Filed Contentions of W Eddleman & Conservation Council of North Carolina Based on Cv Vo Affidavit.Contentions WB-1-2 & 41C-414H Should Be Rejected. Certificate of Svc Encl ML20096B8661984-08-31031 August 1984 Responses to Discovery on Emergency Planning Contentions (First Set).Certificate of Svc Encl.Related Correspondence ML20096B5131984-08-28028 August 1984 Response to Eddleman 840810 Contentions on Emergency Plan Brochure.Certificate of Svc Encl ML20094N1511984-08-10010 August 1984 Eddleman Contentions on Emergency Plan Brochure, Safety Info for Shearon Harris Nuclear Power Plant. Certificate of Svc Encl ML20093G1341984-07-20020 July 1984 Response in Support of Preamble to Revised Contention 9 Re Environ Qualification of Electrical Equipment.Certificate of Svc Encl ML20092N7151984-06-29029 June 1984 Response to Eddleman Proposed Contentions 65-A & 65-B Re Questionable Structural Integrity Due to Voids from out-of-spec Sump & Improper Vibration Technique. Certificate of Svc Encl ML20092D9521984-06-19019 June 1984 Response Opposing W Eddleman 840605 Motion to Reinstate Contention 58(2d) Re Financial Qualifications.Certificate of Svc Encl ML20197H3921984-06-14014 June 1984 New Eddleman Contention 65-A Re Questionable Structural Integrity Due to Voids from out-of-spec Slump,Improper Vibration Technique & Inadequate Strength of Harris Containment Concrete ML20091M5611984-06-0505 June 1984 Withdrawal of Eddleman Contentions 85/86 & Second Motion to Reinstate Contention 58(2d) Re Financial Qualifications ML20084E1331984-04-28028 April 1984 Answer Opposing Eddleman Proposed Contentions on Emergency Response Plans.Certificate of Svc Encl ML20084D0341984-04-27027 April 1984 Response Opposing R Wilson 840413 Contentions Re State of Nc Emergency Response Plan.All Contentions Should Be Rejected. Certificate of Svc Encl ML20083P7471984-04-16016 April 1984 Motion to Require Svc of All Amends & Changes to Emergency Plan on Intervenor & Motion to Amend Emergency Planning Contentions.Certificate of Svc Encl.Related Correspondence ML20083L2951984-04-13013 April 1984 Contentions on State of Nc Emergency Response Plan. Certificate of Svc Encl ML20083M0871984-04-12012 April 1984 Contentions on Emergency Plan (Second Set).Plan Fails to Indicate Number of Volunteer Personnel Necessary or Assuredly Available to Perform Assigned Responsibilities. Certificate of Svc Encl ML20088A0771984-04-0505 April 1984 Suppl to Feb 1984 Petition for Leave to Intervene in Intervenor Charge Re State of Nc Emergency Response Plan. Certificate of Svc Encl ML20087P5211984-04-0303 April 1984 Partial Response & Contentions 157 & 151 Re Offsite Emergency Plan ML20087P8701984-04-0303 April 1984 Contentions Arising from Review of Emergency Response Plan, Per ASLB 840308 Order.Certificate of Svc Encl ML20086R9141984-02-28028 February 1984 Response Opposing W Eddleman Motion to Admit Contention 58(2d) on Financial Qualifications of co-applicants.ASLB Has No Basis or Authority to Reconsider Original Ruling on Contention & Motion Must Be Denied.Certificate of Svc Encl ML20086M8231984-02-15015 February 1984 Certification to Applicant 840118 Motion for Summary Disposition of Eddleman Contention 65.Motion Identifies One Instance of Honeycombing or Voids in Containment Base Mat, Exterior Walls & Dome.Certificate of Svc Encl ML20086N5051984-02-15015 February 1984 Motion to Withdraw Contention III Re Mgt Capability. Certificate of Svc Encl ML20080L0401984-02-13013 February 1984 Motion to Reconsider & Admit Contention 58 Re Financial Qualifications of co-applicants.Certificate of Svc Encl ML20080D2701984-02-0606 February 1984 Answer to W Eddleman Motion for Further Deferral of Parts of Contention 107 & Eddleman New Contentions & Amended Deferred Contentions in Response to NRC Ser.Aslb Should Deny Motion & Reject New SER Contentions.Certificate of Svc Encl ML20080G2391984-02-0606 February 1984 Request for Clarification & Objections to ASLB 840127 Order Re Eddleman Contentions 37A,37B & 8F2.Certificate of Svc Encl ML20079L4371984-01-23023 January 1984 Response Opposing Eddleman Contentions 169-172 Re Safety Parameter Display Sys.Contentions Wholly W/O Basis, Operate on Faulty Understanding of Sys & Should Not Be Admitted.Certificate of Svc Encl ML20079H4571984-01-17017 January 1984 New Contentions & Amended Deferred Contentions,In Response to NRC SER ML20083H5711984-01-0303 January 1984 Filing of New Contentions 169,170,171 & 172 Re Inadequate Safety Parameter Display Sys Design ML20081K0091983-11-0404 November 1983 Response to Applicant & NRC 830929 Responses to Joint Intervenors 830906 Contentions Re Security Plan.Encl Withheld (Ref 10CFR73.21).Certificate of Svc Encl ML20081E0091983-10-28028 October 1983 Response to Util Motion for Summary Disposition of Contention Ii.Veracity of All General Facts Disputed.List of Matters in Dispute on Contention II & Certificate of Svc Encl 1999-05-05
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20206G4051999-05-0505 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 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20206J9151986-06-24024 June 1986 Response to Petition of Coalition for Alternatives to Shearon Harris (Cash) for Leave to Intervene.Petition Filed on 860609,4 Yrs After Deadline.Cash Should Be Foreclosed from Participation.W/Certificate of Svc ML20205T4071986-06-0909 June 1986 Petition of Coalition for Alternatives to Shearon Harris for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20204A4891986-05-0808 May 1986 Response to Conservation Council of North Carolina & W Eddleman Request for Admission of New Contention WB-4 Re Falsification of Exposure Records.Request Should Be Denied. Certificate of Svc & SA Browne Affidavits Encl ML20210K6981986-04-22022 April 1986 Motion for Admission of New Contention WB-4, Falsification of Exposure Records. Records Systematically Falsified to Reflect Lower Doses to Workers.Requests Opportunity to Respond If Contention Opposed ML20136J4171986-01-0303 January 1986 Answer to W Eddleman 851223 Response to Contention 57-C-57 Re Contaminated Injured Persons.Contentions Should Be Limited to Issues Heard in Guard Vs Nrc.Contention Opposed. Certificate of Svc Encl ML20137H7251985-11-22022 November 1985 Petition of Atty General of State of Nc for Leave to Intervene ML20133J2301985-10-15015 October 1985 Response in Opposition to W Eddleman Proposed Contention Re Emergency Planning Exercise.Svc List,Exercise Evaluation Rept,Operations Journal & Insp Rept 50-400/85-20 Encl ML20133K6601985-10-15015 October 1985 Response to W Eddleman 850930 Proposed Contentions Based on Emergency Planning Exercise.Certificate of Svc Encl ML20133F3661985-09-30030 September 1985 Requests That Listed Contentions Based on May 1985 Emergency Planning Exercise Be Admitted as There Are No Other Means or Parties to Protect or Represent Author Interests in Matters.Certificate of Svc Encl ML20134H2051985-08-26026 August 1985 Response in Opposition to W Eddleman Contentions Re Spill of Reactor Water.Contention Should Be Rejected for Failure to Comply w/10CFR2.714(b).Certificate of Svc Encl ML20134H2201985-08-23023 August 1985 Response to W Eddleman Proposed Contentions EM-1,EM-2 & EM-3 Re Notification of State & Local Emergency Mgt Agencies. Contentions Should Not Be Admitted Due to Lack of Requisite Basis & Specificity.Certificate of Svc Encl ML20133A0341985-07-31031 July 1985 Petition of Lh Thornburg for Leave to Intervene ML20128H4071985-05-22022 May 1985 Response Opposing W Eddleman 850429 Proffered Contentions 227-CC & 227-DD Re Allegations That Public Info Brochure Must Provide Directions to Evacuation Shelters & Title on Evacuation Routes Chart Misleading.Certificate of Svc Encl ML20117H6751985-05-0909 May 1985 Response Opposing Eddleman Proposed Contentions 227-CC & 227-DD Re Brochure Evacuation Route Chart.Contentions Constitute Editing of Brochure & Therefore Not Litigable. Certificate of Svc Encl ML20116L7211985-04-29029 April 1985 Petition Requesting Admittance of Contentions 227-CC & DD Re Brochure Additions Served on 850416 Concerning Emergency Plan Evacuation & Shelter for Settlement or Litigation. Certificate of Svc Encl ML20102A7691985-02-0606 February 1985 Response Opposing Intervenor 850118 Request for New Contention WB-3 Re Drug Use During Const.Contention Lacks Basis & Specificity & Unsubtantiated Broad Issues Delay Proceeding.Certificate of Svc Encl ML20102A4201985-02-0404 February 1985 Submits Diesel Generator Info & Contentions 178-AA & 179-AA for Litigation,In Response to Past ASLB Order ML20113D9501985-01-18018 January 1985 Request for Admission of New Contention WB-3 Re Drug & Alcohol Abuse at Const Site.News Article Supporting Contention & Certificate of Svc Encl ML20108A2281984-11-13013 November 1984 Response to Late Filed Contentions of W Eddleman & Conservation Council of North Carolina Based on Cv Vo Affidavit.Contentions WB-1-2 & 41C-414H Should Be Rejected. Certificate of Svc Encl ML20096B8661984-08-31031 August 1984 Responses to Discovery on Emergency Planning Contentions (First Set).Certificate of Svc Encl.Related Correspondence ML20096B5131984-08-28028 August 1984 Response to Eddleman 840810 Contentions on Emergency Plan Brochure.Certificate of Svc Encl ML20094N1511984-08-10010 August 1984 Eddleman Contentions on Emergency Plan Brochure, Safety Info for Shearon Harris Nuclear Power Plant. Certificate of Svc Encl ML20093G1341984-07-20020 July 1984 Response in Support of Preamble to Revised Contention 9 Re Environ Qualification of Electrical Equipment.Certificate of Svc Encl ML20092N7151984-06-29029 June 1984 Response to Eddleman Proposed Contentions 65-A & 65-B Re Questionable Structural Integrity Due to Voids from out-of-spec Sump & Improper Vibration Technique. Certificate of Svc Encl ML20092D9521984-06-19019 June 1984 Response Opposing W Eddleman 840605 Motion to Reinstate Contention 58(2d) Re Financial Qualifications.Certificate of Svc Encl ML20197H3921984-06-14014 June 1984 New Eddleman Contention 65-A Re Questionable Structural Integrity Due to Voids from out-of-spec Slump,Improper Vibration Technique & Inadequate Strength of Harris Containment Concrete ML20091M5611984-06-0505 June 1984 Withdrawal of Eddleman Contentions 85/86 & Second Motion to Reinstate Contention 58(2d) Re Financial Qualifications ML20084E1331984-04-28028 April 1984 Answer Opposing Eddleman Proposed Contentions on Emergency Response Plans.Certificate of Svc Encl ML20084D0341984-04-27027 April 1984 Response Opposing R Wilson 840413 Contentions Re State of Nc Emergency Response Plan.All Contentions Should Be Rejected. Certificate of Svc Encl ML20083P7471984-04-16016 April 1984 Motion to Require Svc of All Amends & Changes to Emergency Plan on Intervenor & Motion to Amend Emergency Planning Contentions.Certificate of Svc Encl.Related Correspondence ML20083L2951984-04-13013 April 1984 Contentions on State of Nc Emergency Response Plan. Certificate of Svc Encl ML20083M0871984-04-12012 April 1984 Contentions on Emergency Plan (Second Set).Plan Fails to Indicate Number of Volunteer Personnel Necessary or Assuredly Available to Perform Assigned Responsibilities. Certificate of Svc Encl ML20088A0771984-04-0505 April 1984 Suppl to Feb 1984 Petition for Leave to Intervene in Intervenor Charge Re State of Nc Emergency Response Plan. Certificate of Svc Encl ML20087P5211984-04-0303 April 1984 Partial Response & Contentions 157 & 151 Re Offsite Emergency Plan ML20087P8701984-04-0303 April 1984 Contentions Arising from Review of Emergency Response Plan, Per ASLB 840308 Order.Certificate of Svc Encl ML20086R9141984-02-28028 February 1984 Response Opposing W Eddleman Motion to Admit Contention 58(2d) on Financial Qualifications of co-applicants.ASLB Has No Basis or Authority to Reconsider Original Ruling on Contention & Motion Must Be Denied.Certificate of Svc Encl ML20086M8231984-02-15015 February 1984 Certification to Applicant 840118 Motion for Summary Disposition of Eddleman Contention 65.Motion Identifies One Instance of Honeycombing or Voids in Containment Base Mat, Exterior Walls & Dome.Certificate of Svc Encl ML20086N5051984-02-15015 February 1984 Motion to Withdraw Contention III Re Mgt Capability. Certificate of Svc Encl ML20080L0401984-02-13013 February 1984 Motion to Reconsider & Admit Contention 58 Re Financial Qualifications of co-applicants.Certificate of Svc Encl ML20080D2701984-02-0606 February 1984 Answer to W Eddleman Motion for Further Deferral of Parts of Contention 107 & Eddleman New Contentions & Amended Deferred Contentions in Response to NRC Ser.Aslb Should Deny Motion & Reject New SER Contentions.Certificate of Svc Encl ML20080G2391984-02-0606 February 1984 Request for Clarification & Objections to ASLB 840127 Order Re Eddleman Contentions 37A,37B & 8F2.Certificate of Svc Encl ML20079L4371984-01-23023 January 1984 Response Opposing Eddleman Contentions 169-172 Re Safety Parameter Display Sys.Contentions Wholly W/O Basis, Operate on Faulty Understanding of Sys & Should Not Be Admitted.Certificate of Svc Encl ML20079H4571984-01-17017 January 1984 New Contentions & Amended Deferred Contentions,In Response to NRC SER ML20083H5711984-01-0303 January 1984 Filing of New Contentions 169,170,171 & 172 Re Inadequate Safety Parameter Display Sys Design ML20081K0091983-11-0404 November 1983 Response to Applicant & NRC 830929 Responses to Joint Intervenors 830906 Contentions Re Security Plan.Encl Withheld (Ref 10CFR73.21).Certificate of Svc Encl ML20081E0091983-10-28028 October 1983 Response to Util Motion for Summary Disposition of Contention Ii.Veracity of All General Facts Disputed.List of Matters in Dispute on Contention II & Certificate of Svc Encl 1999-05-05
[Table view] 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
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Licensee 2/23/82
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, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '82 gg 4 NO:34 i-BEFORE THE COMMISSION j In the Matter of )
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CAROLINA POWER & LIGHT COMPANY ) Do'cket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL ) 50-401 OL POWER AGENCY NO. 3 ) 4 g
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(Shearon Harris Nuclear Power }
O D Plant,~ Units 1 and 2) )
2 EgggVED 'l fER,93 L APPLICANTS' RESPONSE TO PET TIO h[
INTERVENE BY DR. PHYLLIS L T' CHIN 4' o
On January 27, 1982, notice was published in the Fed-4 eral Register concerning the application of Carolina Power &
Light Company and North Carolina Municipal Power Agency Number 3 (Applicants) for licenses to operate the Shearon Harris Nuclear Power Plant, Units 1 and 2. The notice afforded interested persons an opportunity to request a hearing and to petition for leave to intervene. On February 8, 1982, Dr. Phyllis Lotchin (Petiti,oner) filed such a request and petition for hearing on
! a timely basis. According to the petition, Dr. Lotchin is a resident of Chapel Hill, N.C. (approximately 20 miles from the plant) and Chairman of the Mayor's Task Force to Assess the Effect of the Shearon Harris Nuclear Power Plant on Chapel Hill, a citizens committee appointed by the Mayor and Council of Chapel Hill. rg df p
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l The notice of opportunity for a hearing requires, as do the Commission's present regulations, that a petition to intervene " Set forth with particular;.ty the interest of the petitioner in the proceeding and how that interest may be af-fected by the proceeding." (Emphasis added) It also requires i
that the petition specifically explain the reasons why inter-vention should be permitted with particular reference, inter alia, to the "possible effect of any order which may be entered in the proceeding on the petitioner's interest." Applicants object to the petition for failure to meet these requirements.
The difficulty with the petition is its failure to specify an interest which would be cognizable in the requested hearing and which could therefore be affected by an order re-sulting from the proceeding. There is, of course, NRC case law which affords a presumption of interest where the assertion of interest relates to perceived threats from plant operation to the personal safety of an individual living in the proximity of a nuclear plant. Virginia Electric and Power Company (North Anna Power Station, Units 1 and 2), ALAB-522, 9 NRC 54 (1979).
1 Where other interests are asserted, however, there must be a specific showing as to how those interests might be affected by the outcome of the proceeding. Portland General Electric Company (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-14 and fn.4 (1976). Nuclear Engineering Company, Inc. (Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site), ALAB-473, 7 NRC 737, 741-2 (1978).
Petitioner's only particularization of her interests is contained in an enumeration of the assignments given to the Task Force. The assignments are amplified by a set of nine Task Force recommendations, attached to her petition, which de-fine in somewhat more detail the ways in which the Task Force is to work with the Town of Chapel Hill. As shown below, these assignments and related recommendations cannot form an adequate basis for Petitioner's standing or for specific contentions cognizable in an NRC licensing proceeding.
Recommendation 1: " Prepare a plan for evacu-ation and other measures for use as needed in any sort of nuclear incident."
The Commission's regulations establishing the criteria for emergency plans call for evacuation plans only out to a radius of approximately 10 miles from the plant. In the absence of special circumstances, not alleged to exist by the petition to intervene, any request for an order by a Licensing Board governing evacuation plans for Chapel Hill would be outside the scope of, and an unpermissible challenge to, the Commission's regulations.
The petition's reference to "other measures for use as needed in any sort of nuclear incident" is too vague to constitute a particularization of Petitioner's interest in the proceeding or the possible effect of any order which might be entered in the proceeding. To the extent the petition seeks to assert Petitioner's interest in transportation accidents, i
the routing of radioactive material shipments, or background radiation measurements, these interests are discussed below in connection with other specific recommendations.
Recommendation 2: " Develop training and information programs for governmental units and citizens on the topic of nuclear power j generation and the effects of radiation."
To the extent the Town of Chapel Hill plans to sup-plement training and information plans initiated by Applicants and other entitites, these plans are not within the province I
of an NRC licensing proceeding.
Recommendation 3: " Develop an emergency team to respond to transportation accidents involv-ing radioactive materials."
Response to an off-site transportation accident in-volving radioactive materials involves the transportation carrier and State or local agencies having emergency responsi-
! bilities. It is not a responsibility placed by NRC regulation on the licensee of a plant from which the material may have been shipped and is thus not a matter within the scope of a plant operating license proceeding. No action by the NRC or-its Licensing Boards is necessary to enable the Town of Chapel Hill to work out with appropriate State and local agencies l
l such plans as the Town may consider necessary to supplement the actions of those agencies.
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Recommendation 4: " Work out a way for the appropriate town officials to be notified about shipment routes of radioactive mate-rials and try to assure that high-level radioactive wastes are routed as far as possible from heavily populated areas and hospitals."
While licensees'of nuclear power plants are required under 10 CFR 71.5 and Department of Transportation regulations to give advance notice to affected States of proposed shipments of certain radioactive materials prior to delivery of the mate-rials to a carrier for transportation, the permissible routing of such shipments falls under the regulation of the Department of Transportation and of the affected State, not the NRC. Peti-tioner's interest in proper routing of such shipments is not an appropriate subject for, and will not be affected by, the Shearon Harris operating license proceeding.
Recommendation 5: " Insist on receiving full information from officials at the Shearon Harris Pir.nt if there is any reason to sus-pect that public welfare is in jeopardy and ascertain whether there has been surveillance of opponents of nuclear power generation and i whether the civil liberties of citizens are in any way compromised by their living within a twenty-mile radius of a nuclear plant."
Petitioner's broad statement of interest in possible jeopardy of the "public welfare" does not define with particu-larity the interest which Petitioner has in the proceeding.
Licensee questions whether Petitioner's interest in possible surveillance of opponents of nuclear power and compromise of civil liberties qualifies as an interest cognizable in an NRC
I licensing proceeding. In any event, however, the petition to intervene falls short of the threshhold requirement established ,
by the Appeal Board for similar claims of interest in other NRC licensing proceedings, namely that there must be adequate par-2 ticularization of the perceived threats to Petitioner's civil liberties. Allied-General Nuclear Services (Barnwell Fuel Re-ceiving and Storage Station), ALAB-328, 3 NRC 420, 422 (1976);
Houston Lighting and Power Company (Allens Creek Nuclear Gener-ating Station, Unit 1), ALAB-535, 9 NRC 377, 390 (1979).
Recommendation 6: " Determine the economic rights of individuals and the community vis a vis the challenges presented by proximity to a nuclear power plant."
Applicants are unable to discern in this recommenda-tion any connection with the issues in an operating license proceeding.
f Recommendation 7: " Establish direct commun-ication between the Shearon Harris Plant and the appropriate officials in town and county governments."
In the absence of any particularization of the nature and purpose of direct communications between the plant and town and county officials, this recommendation does not state an interest cognizable in the operating license proceeding.
Recommendation 8: " Designate a citizens committee to keep informed about nuclear power issues around the country and world i
and to receive pertinent mailings related to the Shearon Harris Plant."
The designation of such a citizens committce requires no action by the NRC or its Licensing Board.
Recommendation 9: " Establish an independ-ent monitoring system which would gather baseline data on present radiation levels in the air, soil, water, milk, vegetation, etc. in the Chapel Hill area and to moni-tor radiation levels in the area after the plant goes on line in 1985."
Applicants' Environmental Report submitted in support of its operating license application describes in detail the pre- and post-operational radiation surveys to be conducted by Applicants. No order of the NRC or its Licensing Board is re-quired to enable the Town of Chapel Hill, if it so elects, to establish its own independent program.
Applicants also comment on a different aspect of the petition. Petitioner apparently seeks to intervene both as an individual and as Chairman of the Task Force, in which latter I
category she would presumably represent the Task Force. Even if the petition were otherwise acceptable, Petitioner should be required to demonstrate, by affidavits or otherwise, that the Task Force has a continuing function and that Petitioner has been authorized to act on behalf of its members. In any event, Appli-cants would object to Petitioner's request that other members of the Task Force also be extended the privilege of intervention gi----,
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if Petitioner intends by this request to add an unspecified number of individual intervenors to the proceeding. Members of the Task Force would, of course, be free to assist Petitioner in the proceeding, to make special appearances in accordance with Section 2.715 of the Commission's regulations, and to appear as appropriate as witnesses. Applicants would oppose, however, multiple interventions by individuals having common interests. Should other members of the Tack Force seek inte;-
vention in their individual capacities, Applicants wcald request consolidation in order to reduce the substantial additional paperwork and inevitable schedu. ig problems associated with multiple interventions.
Accordingly, the petition to intervene should be de-nied for failure to particularize an interest which might be affected by the results of the proceeding.
Respectfully submitted, SHAW, 'ITTMAN, POTTS TROWBRIDGE Wl t , -/8, 4 y- ,1./
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. orge g. Trowbridge /
omas A. Baxter l
John H. O'Neill, Jr.
Counsel for Applicants
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1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 l Dated: February 23, 1982
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO3 BEFORE THE COMMISSION In the Matter of )
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CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL ) 50-401 OL POWER AGENCY NO. 3 )
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(Shearon Harris Nuclear Power )
Plant, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Peti-tion to Intervene by Dr. Phyllis Lotchin," dated February 23, 1982, were served upon the following by deposit in the United States mail, postage prepaid, this 23rd day of February, 1982.
Samuel J. Chilk, Secretary Dr. Phyllis Lotchin U.S. Nuclear Regulatory Commission 108 Bridle Run Washington, D.C. 20555 Chapel Hill, N.C. 27514 Docketing and Service Section (3) Atomic Safety and Licensing Board Office of the Secretary Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Charles A. Barth, Esquire Atomic Safety and Licensing Appeal Office of Executive Legal Director Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
/Af/ n /$4fd N M Geo!geF. Trowbridge /
Dated: February 23, 1982