ML020090595
| ML020090595 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 01/07/2002 |
| From: | Fernandez A NRC/OGC |
| To: | Kelber C, Rubenstein L, Austin Young Atomic Safety and Licensing Board Panel |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 3747 | |
| Download: ML020090595 (1) | |
Text
RAS 3747 DOCKETED 01/08/02 January 7, 2002 Ann Marshall Young, Chair Lester S. Rubenstein Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington DC, 20555 Washington, D.C. 20555 Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-369, 370, 413 and 414
Dear Administrative Judges:
This is to correct a statement made during the prehearing conference which occurred on December 18 and 19, 2001. In this proceeding, in response to a Licensing Board inquiry regarding whether a petitioner could challenge a staff determination in an environmental assessment (EA) that an environmental impact statement (EIS) is not necessary, staff counsel indicated that, to his knowledge, a petitioner cannot challenge the environmental document prepared by the Staff. Transcript at 598-99. This statement was incorrect.
A petitioner may attempt to raise a challenge to a determination by the staff in an EA and finding of no significant impact (FONSI) that an EIS is not warranted. Any such challenge would be required to meet the criteria of 10 C.F.R. § 2.714 and relevant Commission precedent regarding intervention, the admission of contentions and, as applicable, the admission of late-filed contentions.
I apologize for any inconvenience this may have caused.
Sincerely,
/RA/
Antonio Fernández Counsel for NRC Staff cc: Service list