ML20080L070

Response Opposing W Eddleman 840128 Motion for ASLB Order Requiring Svc of Applicant Rept to NRC Re Safety Circuit Breakers.Certificate of Svc Encl

ML20080L070
Person / Time
Site:	Harris
Issue date:	02/14/1984
From:	Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8402160233
Download: ML20080L070 (6)

Text

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February 14, 1984 "h[Lj0 i

UNITED STATES OF AMERICA

'84 fE 15 All;07 NUCLEAR REGULATORY COMMISSION UIK - a q ; e,, ,

COCHUlt.G r SEn,r_:

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

)

CAROLINA POWER & LIGHT ) j COMPANY and NORTH CAROLINA Docket Nos. 50-400 OL  !

) 50-401 OL EASTERN MUNICIPAL POWER )

AGENCY

)

)

(Shearon Harris Nuclear )

Power Plant, Units 1 and 2) )

APPLICANTS' RESPONSE TO WELLS EDDLEMAN'S MOTION FOR ORDER REQUIRING SERVICE OF CP&L REPORT TO NRC CONCERNING HARRIS SAFETY CIRCUIT BREAKERS By Motion dated January 28, 1984 -1/ 4 intervenor Wells Eddleman petitions the Board to order Applicant Carolina Power & Light Company to serve on him a copy of the report required to be filed with the NRC Staff by IE Bulletin No. 83-08. 2/ Applicants Carolina~

Power & Light Company and North Carolina Eastern Municipal Power Agency oppose Mr. Eddleman's motion was superfluous.

[ Pursuant to the Board's September 22, 1982 Memorandum and i

) Order (Reflecting Decisions Made Following Prehearing Conference) 1/ The Motion was filed on January 30, 1984 with a number of other pleadings.

2/ " Electrical Circuit Breakers with an Undervoltage Trip Feature In Use in Safety-Related Applications other than the Reactor Trip System" dated December 28, 1983.

8402160233 840214 PDR ADOCK 05000400 9 POR

a s (16 N.R.C. 2069, 2112-13) as modified by its January 11, 1983 Memorandum and Order (Addressing Motions for Reconsideration and Clarification of the Board's Prehearing Conference Order)

(slip opinion at 17), Applicants have been regularly serving on intervenors, including Mr. Eddleman, "all relevant documents

[ generated) for review by the NRC Staff in connection with this proceeding", including relevant responses to NRC generic letters and IE Bulletins. Thus, Applicants will file a copy of their response to IE Bulletin No. 83-08 with Mr. Eddleman at the trae it is filed with the NRC Staff, without the need for another Board order.

Applicants are at a loss, in any event, to understand the reasoning which led to this Motion. If Mr. Eddleman was uncertain whether Applicants' Response to IE Bulletin No. 83-08 would have been served on him in the normal course, he could have telephoned l

Applicants to request a copy. Since it is a document that will become a public record, Applicants would certainly have agreed to provide a copy.

I Applicants note that IE Bulletin No. 83-08, which requests t

t

! information on the use of certain breakers in other than the reactor trip system, has no bearing on proposed Eddleman Contention 161. Proposed Contention 161 alleges defects in certain Westinghouse breakers used in the reactor trip system. Applicants have addressed the technical fix that will be incorporated in the Harris circuit breakers for reactor trips and there has been no suggestion that

the technical fix does not resolve the defect identified 3/

first by Westinghouse.- That issue is before the Board and ripe for decision.

R spe'tfull submitted, W .

Tho s A. Baxter, P.C.' /

John H. O'Neill, Jr., P . Cg.

SHAW 'PITTMAN, POTTS & TRcWSRIDGE M Street, N.W.

Washington, D.C. 20036 (202) 822-1148 Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P. O. Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 Dated: February 14, 1984 3/ See " Applicants' Response to Intervenor Eddleman's Proposed Revised Contention 161 (Safety Shutdown System Failure)" dated October 25, 1983; see also "NRC Staff Opposition to Wells Eddleman's Proffered Revised Contention 161" dated October 31, 1983.

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UNITED STAfES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

.In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY 50-401 OL

)

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Wells Eddleman's Motion for Order Requiring Service of CP&L Report to NRC Concerning Harris Safety Circuit Breakers" were served this 14th day of February, 1984, by deposit in the U.S.

mail, first class, postage prepaid, to the parties on the attached Service List.

\

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O'Neill,Jr.,P/C.

i John I

Dated: February 14, 1984

.J

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

)

CAROLINA POWER & LIGHT COMPANY ) Dccket Nos. 50-400 OL and NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

SERVICE LIST Janos L. Felley, Esquire John D. Runkle, Esquire At m ic Safety and Licensing Board Ctmeervation Council of North Carolina U.S. Nuclear Regulatory Cannission 307 Granville Road .

Washington, D.C. 20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atanic Safety and Licensing Board B$elstein and Payne U.S. Nuclear Regulatory Cannission P.O. Box 12607 Washington, D.C. 20555 Raleigh, North Carolina 27605 Dr. Janes H. Carpenter Dr. Richard D. Wilson Atanic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Cunnission Apex, North Carolina 27502 Washington, D.C. 20555 Mr. Wells B$dleman Charles A. Barth, Esquire 718-A Iredell Street Janice E. Moore, Esquire Durhan, North Carolina 27705 Office of Enocutive Iagal Director U.S. Nuclear Regulatory 0:mmission Richard E. Jones, Esquire Washington, D.C. 20555 Vice President and Senior Counsel Carolina Power & Light Catpany Dodcating and Service secticn P.O. Box 1551 Office of the Sqpretary Raleigh, North Carolina 27602 U.S. Nuclear Pv1=+=y Ctamission Washington, D.C. 20555 Dr. Phyllis Ictchin 108 Bridle Run Mr. Daniel F. Road, President Chapel Hill, North Carolina 27514 0 9N W ELP 5707 Waycross Street Dr. Linda W. Little Raleigh, North Carolina 27606 Governor's Waste Management Board 513 Albemarle M11Mng 325 North Salisbury Street Raleigh, North Carolina 27611

I -3 Bradley W. Jones, Esquire U.S. Nuclear Regulatory Cmunission Region II 101 Marrietta St.reet Atlanta, Georgia 30303 Ruthanne G. Miller, Esquize Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ctanission Washington, D.C. 20555 Mr. Robert P. Gruber Ehacutive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 m

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