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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
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. . DecemtESE,1984 -
'84. EEC 14 Aji:58
-UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION.~ CFfiCE CF SECAEIARY 00CAETING & $[PV!C[-
BEFORE THE ATOMIC SAFETY AND LICENSINO BOARD MD In the Matter of )
)
CAROLINA POWER & LIGHT COMPANY -) ,
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AND NORTH CAROLINA EASTERN ) Docket No. 50-400 OL
- MUNICIPAL POWER AOENCY )
)
(Shearon Harris Nuclear Power Plant) )
-).
APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF EDDLEMAN CONTENTION 57-C-13
,~ -1. INTRODUCTION Pursuant to -10 C.F.R. S 2.749 of the Nuclear Regulatory Commission's Rules of Practice, Applicants Carolina Power & Light Company and North Carolina Eastern ,
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Municipal Power Agency hereby move the Atomic Safety and Licensing ~ Board for summary disposition in Applicants' favor of Eddleman Contention 57-C-13. For the reasons explained herein, Applicants respectfully submit that there is no genuine issue as to any fact material to this contention and that Applicants are entitled to a decision on .
this contention as a matter of law.
In support of this motion, Applicants rely upon the attached Affidavit of Jesse T.-
Pugh, III in Support of Applicants' Motion for Summary Disposition of Eddleman Contention 57-C-13, Applicants' Statement Of Material Facts As To Which There Is No Oenuine Issue To Be Heard On Eddleman Contention 57-C-13, Applicants' Memorandum of Law In Support Of Motion for Summary Disposition On Emergency Planning l
8412170363 841212 PDR ADOCK 05000400 Q PDR 1
- . y I'
Contentions,'and the pleadings and discovery filed in this proceeding regarding Eddleman -
' Contention 57-C-13.
II. BACKGROUND -
On February 28,'1984, Applicants served a copy of the North Carolina Emergency Response Plan.In Support Of The Shearon Harris Nuclear Power Plant (February 1984)
~
'(the "ERP" or "Off-Site Emergency Plan") on the parties to this proceeding.1 'In response '
r ,
to -the ERP,' Intervenor Wells Eddleman proffered a number of proposed contentions ' '-
including Eddleman Contention 57-C-13.' As originally proposed, Eddleman Contention 57-C-13 challenged the ERP on the basis that it set up no criteria for identifying "the highest PF in any structure (e.g. schools, hospitals, prisons, day care centers, offices)"'
and asserted that areas with the highest protection factor "need to be determined in advance to comply with 10 C.F.R. 50.47(a)(1)'s requirement for assurance of appropriate protective action." In ruling upon the proposed contention, the Licensing Board narrowed the scope of the contention to hospitals and nursing homes, and rejected the remainder.
Stated the Board:
We also admit contention 57-C-13, insofar as it calls for the best PFs in each hospital and nursing home to be determined 'in advance,' which we construe to mean 'before the emergency preparedness exercises.' We reject the rest of 57-C-13.
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"Further Rulings On Admissibility Of 'Off-Site Emergency Planning Contentions Submitted By Intervenor Eddleman" (June 14,1984), at 18.
- Although the Board did not state precisely the wording of admitted Eddleman Contention 57-C-13, the parties have agreed that the admitted contention should be worded as follows:
1 Revision 1 of the ERP was issued in September 1984. A copy was served on the Board and the parties on October 3,1984.
. y y
The_ plan,71n discussing protective actions, repeatedly refers to the "best. ,
Protection Factor" (PF) for sheltering. .Yet it nowhere sets up criteria for identifying such protection factors or the highest PF in hospitals and nursing-homes. The highest PF areas need to be determined in advance (before the emergency preparedness- exercise) to comply _with 10 C.F.R. 50.47(a)(1)'s
- - requirement for assurance of appropriate protective. action. If seeking the -
- highest PF is appropriate action (as the plan states, Pt 2 pp 29-30, pt 3 pp 26, pt 4 pt 28-29, pt 5 p31) then that action must be assured. - ,
" Joint Stipulation Codifying Certain Admitted Contentions," (October 12,1984), at 3. -
! : The Board has approved the stipulated wording of this contention. See " Order Approving _
Joint Stipulation Codifying Certain Admitted Contentions"(December 6,1984). Pursuant to. the schedule ' agreed upon at the prehearing conference, discovery requests on
- Eddleman Contention 57-C-13 were due on August 9,1984, and responses were due on August 30,1984. _ Applicants filed one set of interrogatories regarding this contention on Mr. Eddleman on August 9,1984, and Mr. Eddleman responded on September 7,1984
. pursuant to an extension of time from the Board. Mr. Eddleman filed two sets of.
~
-interrogatories regarding this Contention on Applicants, the first on June' 29,1984 and
. ~
the cecond on August 9,1984. Applicants responded to the first set on July 25,1984 and to the second set on September 7,1984. On June 29 and August 9, Mr. Eddleman also filed two sets of interrogatories on the NRC Staff and the Federal Emergency Management Agency (FEMA), to which answers were provided on August 7,1984 and September 18, 1984, respectively. Thus, discovery on Eddleman Contention 57-C-13 is
^
complete.
III. APPLICABLE LAW The well defined standards applicable to motions for summary disposition under 10 C.F.R. 5 2.749 are discussed in detailin Applicants' Memorandum Of Law In Support Of
' Motions For Summary Disposition On Emergency Planning Contentions, filed in this proceeding on October 8,1984. Applicants rely upon the discussion therein, which is incorporated by reference, and upon the discussion herein regarding the application of those standards to Eddleman Contention 57-C-13.
7 t
7, - -
r v
The portion of the ERP for each of the four affected counties recor zes that-
"[t]he immobility of hospital and nursing home patients may preclude evacuation of these
- 3. facilities" and that several protective actions may be advised. Among those actions are
, "[altay[ingl indoors and [ relocating] to the best protection factor (PF) in the building, if
necessary." ERP Part 2JV.E.5.c., ERP Part 3.IV.E.5.c.,' ERP Part 4.IV.E.5.c., and ERP ,
PArt 5.IV.E.5.c. ' Contention 57-C-13, as admitted, maintal'ns that the failure to identify
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before the . emergency. planning-exercise those areas of each hospital or nursing home
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which have the best protection factor violates Section 50.47(aXI) of the . Commission's L ' emergency planning rule. That section states:
Except as provided in paragraph (d) of this section [ pertaining to issuance of
- a low power license], no operating license for a nuclear power reactor will be issued unicus a finding is n.ade by NRC that there is reasonable assurance '
that adequate protective measures can and will be taken in the event of a radiological emergency.
-. ; 10 C.F.R. S 56.47(aXI).' ;
. IV. ARGUMENT
-Ah The Areas With the Best Protection Factor For Each Hospital, Nursing Home hnd Family Care Facility Within the EPZ Are Now Known.
.The Licensing Board admitted Eddlem'an Contention 57-C-13 into this proceeding only insofar as it calls for the best protection factors in each hospital and nursing home within the plume exposure pathway EPZ of the Harris Plant to be determined in' advance of the emergency preparedness exercise for the Harris Plant. In order to a'ddress the
~ ~
concerns raised by this Contention, Applicants arranged for a survey to be conducted of each hospital, nursing home and family care facility within the EPZ.2 Family care
- 2Applicants undertook this survey even ,though the FEMA staff stated in' response Tto
- Mr. - Eddleman's interrogatories on Eddleman Contention 57-C-13 that " FEMA guidelines do not require that the PF's of hospitals and nursing homes be determined."
" FEMA Staff Response to Interrogatories Propounded by Intervenor Wells Eddleman"
- (August 7,'1984), at 2.
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, 1 l facilities were _ included because they are similar to nursing homes in that they provide care"for senior citizens. The results of this survey are c(ntained in the accompanying Affidavit cf Jesse T. Pugh,III, the Director of the Division of Emergency Management of l .the North Carolina Department of Crime Control and Public Safety. The Division of -
-Emergency Management has accepted the survey results and will utilize them in its
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planning for a potential accident at the Harris Plant. Pugh Affidavit,111. t The survey was conducted by two engineers who are certified by the Federal Emergency Management Agency as fallout shelter analysts. Pugh Affidavit,15. Based on information about the nature of radiation exposure, specific criteria for determining the. areas:with the best PF were established as a basis for the surveys. Pugh Affidavit, 11 3-4. The owners or administrators of each facility were personally interviewed.' In -
-addition, the engineers who conducted the survey inspected the interior and exterior I '~
structural features of each facility with particular emphasis on features which determine i
the faellities' effectiveness in reducing radiological doses. .Pugh Affidavit,16, !
As a result of ~ the survey, the areas of each facility which provide the best ,
protection from a radiation release are now known. Attachment 3 to the Pugh Affidavit identifies specific areas of the facilities that provide the best protection. All nursing homes and hospitals have areas with significantly better protection factors than the '
remainder of the facility. Pugh Affidavit,18. However, some of the family care .
facilities.do' not have. areas which offer substantially better shelter effectiveness than the remainder of the facility. M. For those facilities for which a best area is not readily identifiable, Attachment 3 contains guidance on steps that can be taken to minimize the radiation dose. Pugh Affidavit,19. ,
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In order to assure that the best protection factor areas are known to those persons who may be required to direct the sheltering of hospital, nursing home and family care facility patients, the ' owners or administrators of each facility were orally apprised at-the time of the survey ~of what the best'PF areas of their facility are. To confirm this advice, a followup letter will be sent to each owper or administrator identifying the best-This information will also be retained by the Division of. Em'ergency
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PF areas.
Management for future reference'at the time of any accident.3 Pugh Affidavit,112.-
B.. There Is No Issue of Material Fact. and Applicants Are Entitled to a Decision in Their Favor as a Matter of Law on Eddleman Contention 57-C-13 .
Tsken as a whole, these actions identify the best PF ar'eas of hospitals, nursing homes and family care facilities within the Harris EPZ for purposes of taking protective p 1 action in the event of a radiological accident. The actions comply with the criteria in 10 C.F.R. S50.47(aX1). The factual issues raised by Eddleman Contention 57-C-13 have
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been resolved by conducting a survey to identify the best PF area of each facility and by apprising the appropriate persons of what those areas are. Therefore, there is no genuine issue of material fact remaining with respect to Eddleman Contention 57-C-13, and Applicants are entitled to a favorable decision on this Motion as a matter of law.
l 3 Each hospital, nursing home and family care facility will' also receive a copy of the public information brochure which contains additional guidance on actions to be taken if sheltering is ordered (e.g., closing doors and windows, and turning off air
! conditioners). - See draft brochure, filed July 9,1984, at 1. Because information on the best PF areas of hospitals, nursing homes and family care facilities will be retained by-DEM for reference, there is no reason to include it in the ERP itself. Inclusion of such
- details would be inappropriate in: view of the stated policy against excessively lengthy I emergency plans. ~NUREG-0654 at 29 (average plan should consist of hundreds of pages,
- not thousands). Indeed, FEMA has stated that its guidelines do not even require that the PF's be determined, much less be included in the ERP. See footnote 1, supra.
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V. CONCLUSION + ,
Based on the foregoing, Applicants respectfully submit that their Motion for
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' Summary Disposition of Eddisman Contention 57-C-13 be granted.
This 12ih day of December 1984.
Respectfvuy submitted, ..
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Dale E. Hollar, Esquire Associate General Counsel Carolina Power & Light Company
- Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Attorneys for Applicants:
' Thomas A. Baxter, P.C.
Delissa A. Ridgway, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 3 Richard E. Jones, Esq.
Samantha Francia Flynn, Esq.
H. Hill Carrow, Esq.
Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 - e (919) 836-6517 .
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