ML20134P892

Forwards Replacement Page for Applicant Response to Eddleman Proposed Contentions on State & Local Emergency Mgt Agencies, Provided to ASLB & Served on 850823.Page Corrects Factual Error in Footnote 1 Re Rev 3

ML20134P892
Person / Time
Site:	Harris
Issue date:	09/03/1985
From:	Hollar D CAROLINA POWER & LIGHT CO.
To:	Bright G, Carpenter J, Joseph Kelly Atomic Safety and Licensing Board Panel
References
CON-#385-429 OL, NUDOCS 8509090088
Download: ML20134P892 (3)

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Carolina Power &5. ligfft Company l POST OFFICE box 1551 Raleigh, gh goliga g0g LIGAL DEPARTMENT Writer's Direct Dial Number (919) 8M - 8161 GFFICE Or SEcr<tiA Telecopier 00CKEig#jG (919) 836-7678 e NCH& SEPVP September 3,1985 James L. Kelley, Esquire Mr. Glenn O. Bright Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commiss*on U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant)

Docket No. 50-400 OL Administrative Judges Kelley, Bright and Carpenter:

Enclosed is a replacement page for " Applicants' Response to Eddleman Proposed Contentions on Notification of State and Local Emergency Management Agencies," which was provided to the Board and served on the parties August 23,1985. This page corrects a factual error in footnote 1 where we stated that Revision 3 is the latest revision of the on-site emergency plan. Revision 4 was served on the parties July 8,1985, but the changes therein made to the classification and notification procedures referenced in Applicants' August 23 resporse are minor and do not otherwise affect the response.

Respectfully submitted, Dale E. Hollar DEH:ew Associate General Counsel Enclosure ec: Service List Attached (w/ enclosures) 8509090008 850903 [

PDR ADOCM 05000400 V G PDR

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SERVICE LIST James L. Kelley, Esquire M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Commission Post Office Box 12643 Washington, D. C. 20555 Raleigh, North Carolina 27605 Mr. Glenn O. Bright Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U. S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D. C. 20555 Mr. Wells Eddleman Dr. James H. Carpenter 718-A Iredell Street Atomic Safety and Licensing Board Durham, North Carolina 27705 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Thomas A. Baxter, Esquire Delissa A. Ridgway, Esquire Charles A. Barth, Esquire Shaw, Pittman, Potts & Trowbridge Myron Karman, Esquire 1800 M Street, NW Office of Executive Legal Director Washington, D.C. 20036 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Bradley W. Jones, Esquire U. S. Nuclear Regulatory Commission Docketing and Service Section Region II Office of the Secretary 101 Marietta Street U. S. Nuclear Regulatory Commission Atlanta, Georgia 30303 Washington, D. C. 20555 Robert P. Gruber

, Mr. Daniel F. Read, President Executive Director Chapel Hill Anti-Nuclear Public Staff Group Effort North Carolina Utilities Commission Post Office Box 2151 Post Office Box 991 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Dr. Linda Little Mr. Joe Flynn Governor's Waste Management Board Associate General Counsel 513 Albemarle Building Federal Emergency Management Agency 325 Salisbury Street _500 C Street, S.W.

Raleigh, North Carolina 27611 Room 450 Washington, D. C. 20740 John D. Runkle, Esquire Conservation Council of North Carolina 307 Granville Road Steven Rochlis Ch pel Hill, North Carolina 27515 Federal Emergency Management Agency 1371 Peachtree Street, N.E.

Mr. Steven F. Bryant Atlanta, Georgia 30309 Assistant Attorney General Post Office Box 629 Raleigh, North Carolina 27602 p x-, . a - -

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. i also }1ississippi Power and Light Co. (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-130, 6 A.E.C. 423, 426 (1973); Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-590,11 N.R.C. 542, 548-49 (1980). In short, the standard falls somewhere in between, and "[t]he degree of specificity with which the basis for a contention must be alleged initially involves the exercise of judgment on a case-by-case basis." Peach Bottom, supra, 8 A.E.C. at 20 (1974).

There also are certain practical considerations which should play a particularly important role here in the Board's application of the " bases with reasonable specificity" standard to a particular proposed contention -- beyond the question of whether the proposed contention provides clear and precise notice of the issues on which Applicants may bear the burden of proof. The contention should refer to and address pertinent documentation, available in the public domain, which is relevant to this facility. See Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units I and 2), LBP f 24,14 N.R.C.175,181-84 (1981). In the instant case, this documentation includes the on-site emergency plan and Plant Emergency Procedures (PEP's) for the Shearon Harris Nuclear Power Plant which have been served upon the parties to this proceeding.1 In addition, there should be either a reasonably logical and technically credible explanation, or a plausible and referenced authority for the factual assertions in the contentions. The intervenor's personal opinion alone is not adequate for this purpose.

B. Standards Governing Late-Filed Contentions In addition to the normal pleading requirements,10 C.F.R. S2.714 sets forth five factors that must be balanced in admitting a late-filed contention, and a contention is untimely if it is filed later than fifteen days prior to the 10 C.F.R. 52.751a special 1

Rev. O of the Shearon Harris Nuclear Power Plant Emergency Plan ("the on-site emergency plan") was served on the Board and parties on March 29,1983. Rev. 3 of the on-site emergency plan and the Harris Plant Emergency Procedures were both served on September 12, 1984. Rev. 4, which was served July 8,1985, made only minor changes to the classification and notification procedures referenced hereinafter.

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