ML20069B784

Response to Chapel Hill Anti-Nuclear Group Effort 820217 Petition to Intervene.Sufficient Interest Stated Re Safe Plant Operation & Emergency Preparedness.Other Interests & Effects to Be Addressed W/Contentions.W/Certificate of Svc

ML20069B784
Person / Time
Site:	Harris
Issue date:	03/03/1982
From:	Trowbridge G CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8203080027
Download: ML20069B784 (4)

Text

/

3/3/82 r

EM M?II i -

'82 MM -4 Pl2 :05 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.-

ih' _ :

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

l }

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL ) 50-401 OL POWER AGENCY NO. 3 ) 67X

} s N .N (Shearon Harris Nuclear Power ) D' ~ )N Plant, Units 1 and 2) ) y'/' 'l \

9 n ~b \-

~". ' m.1 0. n Iou,2:.  ;}2 i'" M u L "j9df?fy q"

~

APPLICANTS' RESPONSE TO PETITION TO INTERVENE /

BY CHAPEL HILL ANTI-NUCLEAR GROUP EFFORT 9 7

Or P

'I["

On January 27, 1982, notice was published in the Fed-eral Register concerning the application of Carolina Power &

Light Company and North Carolina Municipal Power Agency No. 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 l

leave to intervene.

On February 17, 1982, a petition to intervene was filed by Chapel Hill Anti-Nuclear Group Effort (CHANGE). CHANGE bases its interest on the interests of individual members some of whom yb3

$j l /A 8203000027 820303 PDR ADOCK 05000400 Q PDR

/ .

reside within approximately 20 miles of the Harris Plant. CHANGE asserts.among other things that their interests would be affected by the possibility of nuclear accidents and-by radioactive re-leases from the Plant,. The specific aspects of the proceeding as to which CHANGE wishes to intervene include safe operation of the Plant and emergency preparedness. To this extent CHANGE has in Applicants' view sufficiently stated an interest in the pro-ceeding to meet the initial requirements for intervention under Section 2.714 of the Commission's Rules of Practice.

CHANGE has alleged other interests and effects upon those interests, some of which in Applicants' view are not cog-nizable in an NRC operating license proceeding. Applicants propose, however, to await the formulation of CHANGE's conten-tions pursuant to Section 2.714 (b) and to address at that time l

l the allowability of the contentions, including their relation-I ship to an interest cognizable in the proceeding.

Applicants note that Mr. Read, in addition to signing the CHANGE petition as President of CHANGE, has signed a second petition to intervene on his own behalf, also dated February 17,

~

1982. In addition, the petitions by Mr. Read and CHANGE were delivered to Applicants' counsel in the same envelope as a petition to intervene by the Environmental Law Project, School of Law, University of North Carolina, although the petitions do

/

l not on their face show any other connection between Mr. Read or CHANGE with the Environmental Law Project. Applicants may at a later date request the consolidation of two or more of these petitioners or the designation of a single individual to represent their interests in the proceeding.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE

/Af}J

• GeIg F. Trbridge,P.[.

4 Thomas A. Baxter, P.C.

John H. O'Neill, Jr.

Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 l-

+

Dated: March 3, 1982 __

d

• j UNITED STATES 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 MUNICIPAL ) 50-401 OL POWER AGENCY NO. 3 )

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERV 10E I hereby certify that copies of " Applicants' Response to Peti-l tion to Intervene by Chapel Hill Anti-Nuclear Group Effort," dated March 3, 1982, were served upon the following by deposit in the United States mail, postage prepaid, this 3d day of March, 1982.

James L. Kelley, Esq., Chairman _ Mr. Daniel F. Read, President Atomic Safety and Licensing Board Chapel Hill Anti-Nuclear Group U.S. Nuclear Regulatory Commission Effort Washington, D.C. 20555 P. O. Box 524 Chapel Hill, N.C. 27514 Mr. Glenn O. Bright Atomic Safety and Licensing Board Docketing and Service Section (3)

U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Stuart A. Treby, Esq. Atomic Safety and Licensing Appeal Marjorie Rothschild, Esq. Board Panel Office of Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington,'D.C. 20555 N/

• W IGeor[eF. Trowbridge, [.C.

.