ML18003A754

Opposition to Intervenor Conservation Council Fo Nc & Wake Environ,Inc 791105 Petition to Reopen Record.Aslb Lacks Jurisdiction to Grant Petition.Certificate of Svc Encl

ML18003A754
Person / Time
Site:	Harris
Issue date:	12/14/1979
From:	Trowbridge G CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912310149
Download: ML18003A754 (4)

Text

December 14, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

CAROLINA POWER 6 LIGHT COMPANY ) Docket -Nos. 50 00

) 401 (Shearon Harris Nuclear Power ) 402 Plant, Units 1, 2, 3 and 4) ) 0'3 APPLICANT ' RESPONSE TO CONSERVATION COUNCIL OF NORTH CAROLINA AND WAKE ENVIRONMENT, INC.'S PETITION TO REOPEN THE RECORD On December 12, 1979, Applicant was served with a copy of "NRC Staff Response to Intervenors Petition to Reopen the Proceeding to Reconsider Energy Plans", dated December ll, 1979.

Thereby, Applicant first became aware of Conservation Council of North Carolina and Wake Environment, In'c.'s ("Intervenors")

"Petition" to reopen the record in the above captioned proceeding, dated November 5, 1979, filed with the Atomic Safety and Licensing Board. On 'December 13, 1979, Applicant received'a copy of the Petition from NRC Staff; Staff counsel informed Applicant's counsel that neither a certificate of service nor service list was attached to the Petition.

Applicant joins with NRC Staff and respectfully submits that the Board should .deny the Petition. As noted by the NRC Staff, the Licensing Board lacks jurisdiction to grant Intervenors'etition. The Commission, in denying an earlier motion by, Intervenors to remand and reopen this proceeding, 1/

clearly defined the status of the Harris proceeding,:

The Commission has decided the Shearon Harris proceeding is now concluded except for the radon question pending before the Appeal Board and the management qualification issue which we remanded to the Licensing Board. In the future, the appropriate remedy for those seeking to modify, amend, suspend or revoke the construction permits is by means of a request, for enforcement action under our regulations. See 10 CFR 2.206 The Licensing Board has since issued its Supplemental Initial Decision (Construction Permit) on the management. qualification issue. Thus the Licensing Board has no further jursidiction in this proceeding.-

Intervenors 'etition must be denied.

Respectfully submitted, SHAW P TTMAN PO 6 TROWBRIDGE org F. Tr wbrxdge ohn H. O'eill, Jr.

Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 Telephone: (202) 331-4100 Dated: December 14, 1979 1/ CLI-79-5, 9 NRC 607, 610 '(May 2, 1979)

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

)

) Docket Nos. 50-400 CAROLINA POWER 6 LIGHT COMPANY ) 401 (Shearon Harris Nuclear Power ) 402 Plant, Units 1, 2, 3, and 4 ) and 403 CERTIF ICATE OF SERV1CE I hereby certify that copies of the foregoing "APPLICANT'S RESPONSE TO CONSERVATION COUNCIL OF NORTH CAROLINA AND WAKE ENVIRONMENT, INC.'S PETITION TO REOPEN THE RECORD" have been served upon each of the persons listed on the attached service list by mail, postage prepaid, or by hand-delivery, this 14th day of December, 1979.

Joh H. O'eill, Jr.,'

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Zn the Matter of ) Docket Nos. 50-400

) 401 CAROLINA POWER & LIGHT COMPANY ) 402 (Shearon Harris Nuclear Power ) and 403 Plant Units 1, 2, 3, and 4) )

SERVICE LIST Alan S. Rosenthal, Esq. Dr . J. U. Leeds, Jr.

Chairman 10807 Atwell Atomic Safety and Licensing Houston, Texas 77096 Appeal Board U.S. Nuclear Regulatory Commission M. David Gordon, Esquire Washington, D.C. 20555 Associate Attorney General State of North Carolina Dr. John H. Buck Post Office Box 629 Atomic Safety and Licensing Raleigh, North Carolina 27602 Appeal Board U.S. Nuclear Regulatory Commission Charles A. Barth, Esquire Washington, D.C. 20555 Office of the .Executive Legal Director Michael C. Farrar, Esq. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S., Nuclear Regulatory Commission Thomas S. Erwin, Esquire Washington, D.C. 20555 Post Office Box 928 Ivan W. Smith, Esquire 115 West Morgan Street Chairman Raleigh, North Carolina 27602 Atomic Safety and Licensing Board U-S. Nuclear Regulatory Commission Docketing and Service Section Washington, D.C. 20555 Office of the Secretary U. S. Nuclear Regulatory Commission Mr. Glenn O. Bright Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555