ML20141M902

Transcript of 860227 Prehearing Conference in Washington,Dc. Pp 10,414-10,433

ML20141M902
Person / Time
Site:	Harris
Issue date:	02/27/1986
From:	Atomic Safety and Licensing Board Panel
To:
References
CON-#186-328 OL, NUDOCS 8603030034
Download: ML20141M902 (22)

Text

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OR GINAL l

O UNITED STATES 1 NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-400 OL 50-401 OL CAROLINA POWER & LIGHT COMPANY NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY (Shearon Harris Nuclear Power Plant)

PREHEARING CONFERENCE O -

LOCATION: WASHINGTON, D. C. PAGES: 10414 - 10433 DATE: THURSDAY, FEBRUARY 27, 1986 Th' Cl /S&krudhc~Asf4 o f O/( /4c)c.rvcu /) a mts<fr

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~0110100 01 10414' I l

WRBwrb 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 -------------------------------x 4 In the matter of:  :

g 5 CAROLINA POWER & LIGHT COMPANY : Docket No. 50-400 OL 6 NORTH CAROLINA EASTERN  : 50-401 OL 7 MUNICIPAL POWER AGENCY  :  ;

8 (Shearon Harris Nuclear Power  : TELEPHONE CONFERENCE 9 Plant.)-  :

10 -----------~~------------------x 11 Ace Federal Reporters, Inc. -

12 Suite 402

() 13 444 North Capitol Street, N.W.,

14 Washington, D. C.

15 Thursday, February 27, 1986 16 Telephone conference in the above-entitled matter 17 was resumed, pursuant to recess, beginning at 10:00 a.m.

18 PARTICIPANTS:

19 JAMES L. KELLEY, Esq., Chairman, 20 Atomic Safety and Licensing Boar 21 U. S.- Nuclear ' Regulatory Commission 22 Washington, D. C. 20555 23 24 --

() 25 ACE-FEDERAL REPORTERS, INC.

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t 1

i 0110 00'02 10415 j l

. ** WRBwrb _1 JAMES H. CARPENTER, Member,

j 2 - Atomic Safety and Licensing Board, -

l 3 U.-S. Nuclear Regulatory Commission 4 Washington, D. C. 20555

'a 4 5 GLENN O. BRIGHT, Member, 6 Atomic Safety and Licensing Board, 7 U. . S. Nuclear Regulatory Commission j 8 Washington, D. C. 20555-9 On behalf of the Applicants:

, .10 THOMAS A. .BAXTER, Esq. and 11- LISA RIDGEWAY, Esq.,

^

12 Shaw, Pittman, Potts and Trowbridge

() 13 1800 M Street, N. W.,

14 Washington, D. C.

15 DALE HOLLAR, ESQ.,

16 Associate General Counsel,

! 17 Carolina Power and Light Company, 1

$ 18 P. O. Box 1551 2

19 Raleigh, North Cat 71ina 27602 _

i 20 On behalf of the Federal Emergency Management Agency:

21 STEPHEN ROCHLIS, Esq.,

22 Regional Counsel, Region IV, 23 Atlanta,"Gebrg'ia 24

() 25

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0110 00 03 10416 j WRBwrb 1 Appearing Pro Se:

2 ~ WELLS EDDLEMAN, 4

3 812 Yancey Street, 4 Durham,. North Carolina 27701 5 On behalf of the Attorney General of the-6 State of North Carolina:

2 7' JO ANNE SANFORD, Esq. and FRED. GAMIN, Esq.,-

8 Raleigh, North Carolina

=

9 On behalf of the NRC Staff:-

J 10 JANICE E. MOORE, Esq.,

11 Office of the Executive Legal Director 12 U. S. Nuclear Regulatory Commission 13 Washington, D. C. 20555 i 14 15 16 i

17 I

18 1

1 19 1

i 20

21 22' 4

23

24 -._

O 25

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0110 01.01 10417 WRBwrb 1 PROCEEDINGS 2 JUDGE KELLEY: This is Judge Kelley. I'm here f 3 again with Judges Bright and Carpenter, and we are on-the 4 record as a continuation of yesterday's discussion.

5 The first item will.be a continuation of 6 yesterday's discussion, and then we're going to pass on to 7 the order of witness and other matters that need to be 8 discussed regarding next week's hearing.

s 9 Just as a matter of background, yesterday we 10 heard argument from the parties on whether or-not several 11 different subpoenas should issue, including a subpoena to

, 12 Dr. Bassiouni. And we decided in his case that, based on

.c

() 13 what we had heard from a parties, that a subpoena should 14 issue, and I did mail a subpoena to Dr. Bassiouni after 15 yesterday's call.

16 Subsequent to that, Mr. Eddleman, I believe, 17 tried to reach Dr. Bassiouni and had not been successful but 18 left a message to call either me or him. Dr. Bassiouni did 19 call me in the course of the afternoon. --rather, I called _

20 him and he called me back; but, in any event, we had a 21 telephone conversation, and I told him we had, based on what 22 we heard yesterday, issued a subpoena. And I asked him 23 whether he personally had objection to his being subpoenaed, 24 and he told me that he did.

() 25 I did not, except very generally, hear those ACE-FEDERAL REPORTERS, INC.

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1 0110 01 02 10418 WRBwrb 1 objections. That, of course, is a matter for the Board.

2 The objection of a person being subpoenaed is to be heard on 3 notice to the applicant for the subpoena: that's 4 Mr. Eddleman. And it just seemed to me, particularly since 5 we had a call lined up this morning, in view of the time 6 restrictions we're operating under, the most feasible way to 7 proceed would be to invite Dr. Bassiouni to join this 8 conference call this morning and to state his objections to 9 the subpoena from his standpoint.

10 I might just note that although we heard from all 11 the parties yesterday, although Dr. Bassiouni has been and 12 may still be a client of CP&L, I didn't understand that

(~)

v 13 Ms. Ridgeway or any other lawyer were representing 14 l Dr. Bassiouni in a personal capacity, and, therefore, it 15 seemed fair that he be able to present his own views on the 16 matter.

17 I might just add that in a couple of respects 18 l insofar as he has proolems from a convenience standpoint, 19 prior commitments, we, of course, didn't know about that and 20 didn't get to it. He's in the best position to speak to 21 that.

22 Dr. Bassiouni, just recapping yesterday briefly, 23 as I understood what you said, you had objections based on 24 essentially two grounds: one, the extent of your knowledge

]

() 25 of the matters that are in issue here and, secondly, your ACE-FEDERAL REPORTERS, INC.

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0110 01 03 10419

/' 1 own schedule and convenience. There may be others you may C} WRBwrb 2 wish to voice. But at this point would you state your 3 objections to being subpoenaed?

4 DR. BASSIOUNI: Sure.

5 I guess it's the time constraint, it's really 6 giving me no time whatsoever. There's a lot of things have 7 been going on that I'm not aware of as far as the case 8 progress in the last few weeks and few months. It looks to 9 me that to be a witness in the case I should really be able 10 to read all this record. And it looks to me now that 11 there's really no time whatsoever to really sit down and 12 read the record and also meet my commitments that I have. I (A) 13 have a very, very heavy schedule, and it looks to me that 14 it's very, very impossible for me to testify in the case. ,

i 15 JUDGE KELLEY: On the question of schedule, could I

16 you be a little more specific in terms of your time l l

17 i commitments, bearing in mind that we're talking about a  !

18 hearing that is going to take place next Tuesday and quite 19 likely into Wednesday, so let's say a two-day hearing? ji l

20 What is your current situation, and what are your l 21 commitments? Do you have anything that would directly 22 conflict with that?

23 DR. BASSIOUNI: Yes; basically for these two j 1

24 specific days I have a meeting that I should be attending,

(')

(_j 25 and it's really impossible to reschedule this meeting.

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0110 01 04 10420 1 As far as my workload, I have really very, very (V') WRBwrb 2 heavy-commitments for next week,.the week after, for the 3 next four weeks. Really, if I move any of.these it's going 4 -to cause me and my company substantial damage.

5 That's one aspect.

6 The other aspect: for me to really-- I guess 7 CP&L, as far as I understand, is still my client, and in 8 order to give any testimony, I think to be fair to them and 9 to myself, I'd have to go through everything that'has been 10 happening; I'd have to sit down and study all these 11 details. And I think that would take time.

12 The time needed to study all these records, the

() 13 time needed for me to perform my functions and for my 14 commitments, it looks like really there's no way I can 15 really be available. L 1

16 JUDGE KELLEY: On that latter point, I understood

-t 17 you had been under contract to'CP&L -- I don't know the

• 18 details specifically, but you've been_under contract.-lBut 19 it was my understanding that if you were to appear you 20 wouldn't be appearing on behalf of CP&L but, rather,-you 21 would be appearing independently.

22 DR. BASSIOUNI: I wou]d still be appearing on 1

23 behalf of CP&L.

24 JUDGE KELLEY: You might prefer that, -

() 25 Dr. Bassiouni, but it may not be that way: that's the point ACE-FEDERAL REPORTERS, INC.

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0110 01 05 10421 1 I'm making. It's Mr. Eddleman who subpoenaed you.

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%s.WRBwrb 3

2 DR. BASSIOUNI: Exactly.

! 3' JUDGE KELLEY: Okay.

I -4 Do you have the Board order that ordered the-i 2

5 reopening of this case, our order of January 16th?

t 6 DR. BASSIOUNI: I am not sure. -I have been i

7 getting stuff in the mail,-but I'm not sure if I have that f

j 8 specific order or not. But, if I do have it, it will be in ,

9 the files here, and I'm not sure if I do have it or not.

4 i 10 But I do know that the case will be reopened.

11 JUDGE KELLEY: Well, why don't I turned to

]_ 12 Mr. Eddleman at this point.

() 13 Mr. Eddleman, do you want to ask question, cn:

14 comment? As you wish.

15 MR. EDDLEMAN

. Well,. Judge, if Dr. Bassiouni-4

} 16 really doesn't feel like he-can do it I'm willing to

17 withdraw the subpoena request.

i i

! 18 I still think, I should say on the record, that

, 19 the evidence he could give is important and significant.

1 20 But I don't want to cause him any damage.

21 JUDGE KELLEY: Well, then, under the 22 circumstances, are you withdrawing your request?

23 MR. EDDLEMAN: Yes.

24 JUDGE KELLEY: Okay.

() 25 I think that, then, settles that point.

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I 0110 l~ 06 10422 WRBwrb 1 Dr. Bassiouni, we appreciate your joining us this 2 morning.

3 DR. BASSIOUNI: Thank you very much, sir.

4 JUDGE KELLEY: You can sign off on the call, if j 5 you wish; I don't_think that-will disconnect everybody else.

l 6 DR. BASSIOUNI: Okay. Thank you.

7 JUDGE KELLEY: Thank you very much.

I i 8 DR. EASSIOUNI: Bye-bye.

4-9 JUDGE KELLEY: Thank you..

! 10 I guess, then, we can move right to the' question

. 11 of order of the witnesses.

12 MR. BAXTER: Could I make~just one comment about l

() 13 what we've just discussed?

14 JUDGE KELLEY: Yes.

~

. 15 MR. BAXTER: I just want to state for the record 1

3 16 that we stated last November in response to a previous 17 request for a subpoena for Dr. Bassiouni that CP&L did not j 18 consider there to be any contractual bar to him honoring the 19 subpoena, and that we have absolutely no influence on 20 Dr. Bassiouni, and have not so represented.-

21 JUDGE KELLEY: Yes; we recall that part of your-22 pleading, and understood him to be the subject of a request i 23 from Mr. Eddleman as a professional expert and not as

! 24 someone under contract to you. a

() 25 MR. BAXTER: Thank you, t

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0110 01 07 10423

/~N 1 JUDGE KELLEY: Any other comment by anyone else k.] WRBwrb 2 before we go on to the order of witnesses?

3 (No response.)

4 JUDGE KELLEY: Okay.

5 The order of witness, then. Mr. Baxter, do you 6 want to begin on that? What would you propose?

7 MR. BAXTER: We would propose to begin with ,

8 Mr. Keast on his February 21 filing. And we would think 9 that the most logical order would be to have Dr. Krider go

, 10 next, since he covers some of the same items. And then 11 third would be our panel on the tone alert radio.

12 JUDGE KELLEY: What about the possibility of I') 13 simply putting Keast and Krider on at the same time? Is v

14 there any benefit in that, might there be?

i 15 That, of course, goes to the Staff and the other 16 parties, too. Can you give us your view?

17 MR. BAXTER: I have no objection to that if Judge 18 C+-:penter and the BQard would f md it easier to develop the 19 record by being able to talk to both of them at the same 20 time.

21 JUDGE CARPENTER: Mr. Baxter, some of the 22 questions that we think the answer to may help the record 23 could benefit by sequential response fr6m both Mr. Keast and 24 Dr. Krider. We could do it step-wise, but I think the

() 25 record would read more smoothly if any particular issue were ACE-FEDERAL REPORTERS, INC.

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1 0110 01 08 10424 I ,

-WRBwrb 1 talked about in one spot in the record.

f' 2 So I think presenting them as a panel and getting.

4 3 their responses to_the questions raised in our order'would

, 4 be the most efficient.

5 MR. BAXTER: That would be fine with us.

6 JUDGE KELLEY: Why don't we just pursue that i

7 question with the other parties before going on to anything j 8 else.

)!

9 Mr. Eddleman, how does'that strike you?.

10 MR. EDDLEMAN: Judge, I don't have any objection 11 to having them appear together. It's kind of unusual, I 12 guess, for witnesses for two different parties to be on one

() 13 panel, but I don't have any problem with it; except that I 14 would like to be able to direct my questions to one or the l 15 other of them specifically.

j 16 JUDGE KELLEY: Oh, yes, you could; sure. The 17 other one might have a followup comment, but you can choose i

18 who you' re directing the question to.

19 Okay?

i 20 MR. EDDLEMAN: Well, I guess okay.

21 JUDGE KELLEY

Well. is that okay?

22 MR. EDDLEMAN: I really have-a little problem 23 with letting another one follow up on a cc ment on.... I 24 guess, reading the record, it may be better. But I'd rather H

() 25 examine them individually from my point of view. But if the l

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0110 01 09 10425 N WRBwrb 1 Board agrees and everybody else agrees, I guess I'll go

/'b 2 along with it.

3 JUDGE KELLEY: Okay. It seems to me this sort of 4 thing hasn't caused us a problem in the past. It seems to 5 me if you had a series of related questions that you wanted 6 to put to one, then you can do, and then the other one can 7 chime in when you got to the end of a line; something like 8 that. But I don't think it will pose a practical problem.

9 Staff?

10 MR. ROCHLIS: We would have no objection, your 11 Honor.

12 JUDGE KELLEY: Ms. Sanford?

() 13 MS. SANFORD: No problem.

14 JUDGE KELLEY: Okay. So we would begin, then, 15 with Keast and Krider as a panel.

16 Do you want to pick up again, Mr. Baxter? Where 17 do we go from there?

18 MR. BAXTER: Yes. Our next piece of evidence 19 would be the panel testimony filed on February 18 of our 20 witnesses: Mr. Keast, Mr. Overman, Mr. Goodwin and I

21 Mr. Joyner. Mr. Joyner, who is from the State Division of I 22 Emergency Management, currently has a conflict for the 5th.

23 We'd like to be able to get him off the stand on the first l 24 day. He only has one page in that panel testimony. We

() 25 would hope we could accommodate him.

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i 0110 01 10 10426 WRBwrb 1 We would also be presenting, along.with this 2 panel of four, Mr. Black who the Board decided yesterday 3 should appear, and we voluntarily agreed to produce him for 4 whatever questions by Mr. Eddleman.

5 JUDGE KELLEY: All right.

6 This is what you might call the Tone Alert Panel?

7 MR. BAXTER: Yes, sir.

8 JUDGE KELLEY: Were you planning on bringing a 9 tone alert radio with you?

10 MR. BAXTER: We can do that.

i 11 JUDGE KELLEY:- That just plugs into the wall, 12 doesn't it?

J

() 13 MR. BAXTER: Yes, sir.

14 JUDGE KELLEY: Okay; thank you.

15 And then after that panel do you have other 16 witnesses, or is that your case?

17 MR. BAXTER: Unless we have need for rebuttal, 18 that's our case.

I 19 JUDGE KELLEY: Okay.

i 20 Then in the normal course the staff.would come 21 next. But Dr. Krider will already have been on along with

22 ~ Keast; isn't that right, Mr. Rochlis?

23 MR. ROCHLIS: Yes, your Honor.

j 24 JUDGE KELLE'l: That's your only witness?  ;

() 25 MR. ROCHLIS: That's correct.

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0110 01 11 10427 s

WRBwrb 1 JUDGE KELLEY: Okay.

2 So would that then take us to Mr. Eddleman and 3 his witness, Mr. Riley?

! 4 MS. MOORE: Yes, it would, your Honor.

5 JUDGE KELLEY: Mr. Eddleman, did you hear I

6 Mr. Baxter's order of his witnesses?

7 MR. EDDLEMAN: Yes.

8 JUDCE KELLEY: Okay. And then the staff would 9 normally come next, but their witness, Krider, will already 4

10 have been on. So that it seems to us that you would then 11 come next with Mr. Riley.

12 MR. EDDLEMAN: I don' t have any problem putting  :

() 13 on Mr. Riley after their case is closed.

14 I'd like to get Mr. Black separate from the

15 panel, though.

16 JUDGE KELLEY: Separate.from the panel?

17 MR. EDDLEMAN: Yes; since I subpoenaed him.

18 MR. BAXTER: Judge Kelley, I really don' t see j 19 what difference it makes to Mr. Eddleman. He's free to ask t

20 Mr. Black individual questions while he's sitting there. We

21 have voluntarily produced him, and we think it would be most j

22 efficient for him to appear with the other members. We' re 23 presuming he's going to be testify on some of the same

! 24 subjects.

() 25 JUDGE KELLEY: What do you lost by that i

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4 0110 01 12- 10428 WRBwrb '1 ' procedure. Mr. Eddleman?

2 MR. EDDLEMAN: Well,-I think that I then have to

3 do everything on my feet.- In other.words, if they say 4 something I've'got to think immediately exactly what I want

^

i j 5 to ask Mr. Black about. Whereas if I get him.on separately

$ 6 I'll have a little time to-think about it. - -And I think it 7~ would actually reduce the amount of cross time that I'll 4

8 take.

4 i 9 JUDGE KELLEY: Is this an issue the Board can '

1 10 think about and tell you Tuesday?

1 11 MR. EDDLEMAN: That's fine with me.

l 12 JUDGE KELLEY: Do you need to know the answer at 1

i

() 13 this point? Mr. Baxter, can we just tell you Tuesday on 14 this?

1 e

j 15 MR. BAXTER: Yes, sir.

1

16 JUDGE KELLEY

Okay.

17 Now, Mr. Riley, is he your only witness at this 18 point?

19 MR. EDDLEMAN: Yes, sir, Judge. I mean, he and 20 Mr. Black.

i' 21 JUDGE KELLEY: Yes; right.

4 22 MR.-EDDLEMAN: I talked to Mr. Riley. He should 23 have, by this time, mailed me prefiled testimony which I l 24 will get over to the applicant as quick as I can get it in -

, () 25 here. I'll get it~to them Friday or Saturday.

1

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0110 01 13 10429 WRBwrb 1 Mr. Riley could appear on the 5th. He would have 2 some difficulty on the 4th.

3 JUDGE KELLEY: It does look like we'll go into 4 the 5th, but we can't be sure.

5 MR. BAXTER: The applicants would prefer that he 6 appear on the 5th so we have whatever time we can get to 7 prepare cross-examination.

8I JUDGE KELLEY: Is that okay with the staff?

9 MR. ROCHLIS: No problem, your Honor.

10 MS. SANFORD: No problem.

11 JUDGE KELLEY: Well, why don't we count on 12 Mr. Riley for the 5th?

13 MR. EDDLEMAN:

(( ) I'll tell him.

14 JUDGE KELLEY: I want to just remind you, i

15 Mr. Eddleman, that whenever you drop something in the mail 16 you' re sort of taking a chance. You do have an obligation 17 to have that. served by Saturday noon.

18 MR. EDDLEMAN: I understand that, Judge. In 19 fact, here in Durham when you pick up the telephone you're 20 taking a chance, although it looks like we panned out this 21 morning.

22 JUDGE KELLEY: Okay.

23 MR. HOLLAR: Judge Kelley, I have a logistical 24 point on the issue of getting the testimony. We would like

() 25 to have it delivered to my home address on Saturday, if it's ACE-FEDERAL REPORTERS, INC.

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0110 01 14 10430 WRBwrb -l going to be Saturday rather than Friday.

2 I understand that express mail does deliver on J

3 Saturday, and that Mr. Eddleman should put on the' envelope 4 that it-is to be delivered by noon, in order to provide more 5 assurance'that they'll get it there earlier in the day.

6 MR. EDDLEMAN: Judge, I may have given you a J

l 7 misimpression. Mr. Riley has mailed this stuff to me. I

! 8 intend to deliver it by hand; although if Mr. Hollar wants i

I 9 it delivered by hand to his home, I'll do that, all he's got 10 to do is tell me where he lives.

1 11 JUDGE KELLEY: Why don't you do that, Mr. Hollac?

1 1

12 MR. HOLLAR: Should we do that now?

-]

() 13 JUDGE KELLEY: All right, go ahead.

j 14 MR. HOLLAR: Mr. Eddleman, it's 2306 Fairview 1

15 Road.

16 MR. EDDLEMAN: 2306 Fairview.

17 MR. HOLLAR

Right. Rale ig h .

i j 18 MR. EDDLEMAN: I don' t know Raleigh well enough i

j 19 to know exactly where that is. If I come in on I-40...

j 20 JUDGE KELLEY: Maybe you could call him later on i

21 the directions; okay?

l 22 MR. EDDLEMAN: Okay.

1 i 23 MR. HOLLAR: Yes; I think that would be a good

24 idea. -

t

() 25 JUDGE KELLEY: Okay.

l

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0110 01 15 10431 l l

(^g WRBwrb 1 Does that then cover the question of order of j

(_/ '

2 witnesses, Mr. Baxter?

3 MR. BAXTER: Yes, sir.

4 JUDGE KELLEY: Okay. ,

1 5 Staff? l 6 MR. ROCHLIS: Yes, your Honor.

7 JUDGE KELLEY: Mr. Eddleman?

i 8 MR. EDDLEMAN: As far as I know.

9 JUDGE KELLEY: Okay.

10 Anything else that ought to be raised now and 11 resolved.

12 MR. BAXTER: At what time will the hearing begin

() 13 on the 5th? Mr. Eddleman may want to tell Mr. Riley.

14 JUDGE KELLEY: Eight-thirty.

15 MR. BAXTER: That's all we have.

16 JUDGE KELLEY: Okay.

17 Anything else from the staff or FEMA?

18 MR. ROCHLIS: No, your Honor.

19 MS. MOORE: No, your Honor.

20 JUDGE KELLEY: Anything else, Mr. Eddleman? ,

21 MR. EDDLEMAN: I'm trying to think. It seems 22 like there might have been.

23 Oh, yes, yes. Mr. Baxter called me earlier and 24 said that Ms. Ridgeway had left a message for me on the

() 25 17th, I guess it must have been. I never received the ACE-FEDERAL REPORTERS, INC.

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4 0110 01 16 10432 WRBwrb 1 message, but I have no doubt that what's described could 2 well have happened. So I wish to strike the comment in the J

3 reply on ETX that I filed on the 18th about not having 4 gotten a response from Ms. Ridgeway.

5 I'd just like to get that on the record.

j 6 JUDGE KELLEY: Well, -why don' t you raise it again J

7 on Tuesday during a break or something? We frankly don't r

8 have those papers in front of us.

9 MR. EDDLEMAN: Goodness; mail service is getting i 10 ridiculous. I see what you mean, Judge. ,

i 11 JUDGE KELLEY: I didn' t say it wasn' t here, I 1

l 12 said it wasn' t on my desk.

i

() 13 MR. EDDLEMAN: Oh, I beg your pardon.

14 JUDGE KELLEY: If you want to bring this up i

15 Tuesday, fine.

16 MR. EDDLEMAN: Fine.

17 JUDGE KELLEY: Ms. Sanford, anything else?

18 MS. SANFORD: No, sir.

19 JUDGE CARPENTER: Mr. Baxter, in Mr. Keast's ,

, 20 testimony he points out the principal difference between his a

, 21 computational result and the Board's computational result 22 can be traced to whether or not one assumed people of ages

,1 23 younger than 18 are "alertable." And he makes reference to

, 24 a 1980 census survey for the Harris EPZ. That data which he -

i

() 25 refers to is not in evidence, so it's dif ficult for the i

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0110 01 17 10433 WRBwrb 1 Board to have any opinion about it, and, further, it would 2 be difficult for the Board perhaps to consider some 3 intermediate position for which he references 4 Dr. Nehnezajsa as finally taking the position that perhaps 5 age 12 or 13 might be more appropriate for a cut-off.

6 So I think it would be useful to get that data in 7 the record at this point in the proceeding, rather than 8 having to come back to it in the future.

9 JUDGE KELLEY: If there's nothing else from 10 anyone, we'll close on this call. And we'll see you next 11 Tuesday morning.

12 Thank you very much .

() 13 (Whereupon, at 10:31 a.m., the telephone 14 conference was concluded.)

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() 25 l

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CERTIFICATE OF OFFICIAL REPORTER This is to certify that the attached proceedings before ,

the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of: .

NAME OF. PROCEEDING: CAROLINA POWER & LIGHT COMPANY NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY (Shearon Harris Nuclear Power Plant)

A DOCKET NO.: 50-400 OL 50-401 OL PLACE: WASHINGTON, D. C.

DATE: THDRSDAY, FEBRUARY 27, 1986 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.

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WILLIAM R. BLOOM 3 Official Reporter ACE-PEDERAL REPORTERS, INC.

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