ML20136J459

Order Advising That Supplemental Briefs,Addressing Listed Questions Re Consolidated Appeal of Board 850220 Partial Initial Decision,Must Be Filed by 860127.Served on 860110

ML20136J459
Person / Time
Site:	Perry, Harris
Issue date:	01/09/1986
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	CONSERVATION COUNCIL OF NORTH CAROLINA, EDDLEMAN, W., JOINT INTERVENORS - SHEARON HARRIS
References
CON-#186-700 LBP-82-119A, OL, NUDOCS 8601130387
Download: ML20136J459 (2)

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D0'V icp UNITED STATES OF AMERICA N NUCLEAR REGULATORY COMMISSION

, ATOMIC SAFETY AND LICENSING APPE B A10:01

' Administrative Judges: gg kg'jkEg&

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. Thomas S. Moore, Chairman January [',NCI986 Dr..Reginald L. Gotchy Howard A. Hilber SERVED JAN101986

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In the Matter of )

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CAROLINA POWER AND LIGHT COMPANY ) Docket No. 50-400 OL AND NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

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i (Shearon' Harris Nuclear Power )

Plant) )

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4 ORDER In connection with our consideration of the

-consolidated appeal of the Conservation Council of North

- Carolina, Wells Eddleman and the joint interveners from the

. Licensing Board's February 20, 1985 partial initial decision, the. parties shall file supplemental briefs addressed to the following questions:

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1) Did the Licensing Board in LBP-82-119A, 16 NRC 2069, 2092 (1982) err in rejecting Eddleman Contention 12 (concerning ocean dumping) in light of our decision in Mississippi Power and Light Co. (Grand Gulf Nuclear Station,

. Units 1 and 2) , ALAB-130, 6 AEC 423, 425-26 (1973) -- a

decision igncred by all parties in their briefs?

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2) Did the Marine Protection, Research and Sanctuaries Act of 1972, as amended, 33 U.S.C. 1401 et seq.,

any other statute, or any regulation (e . g. , 40 C.F.R. Part 220), prohibit ocean dumping of low level radioactive commercial reactor waste at the time of the Licensing Board's rejection of Eddleman Contention 12 or does any statute or regulation currently prohibit such dumping?

3) Assuming the first question is answered in the affirmative and both parts of the second question are answered in the negative, would our imposition of a condition (prohibiting the ocean dumping of Shearon Harris low level radioactive waste) on any future Licensing Board authorization for an operating license alleviate the need to reverse and remand this issue for further proceedings?

All parties' supplemental briefs shall be filed by January 27, 1986.

It is so ORDERED.

FOR THE APPEAL BOARD O b Ukuru-A C. Jegn Shdemaker Secreeary to the Appeal Board

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