ML020510508
| ML020510508 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 01/17/2002 |
| From: | Olson M Nuclear Information & Resource Service (NIRS) |
| 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 3924 | |
| Download: ML020510508 (4) | |
Text
'RA4S 39IQ4
-1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units I and 2, Catawba Nuclear Station, Units 1 and 2)
DOCKETED USNRC 2002 FEB 19 AM II: OO OFFICE (: ;Ei(LTARY RULEtIAKiNGS AND ADJUDICATIONS STAFF Docket No's. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR ASLBP No. 02-794-01-LR January 17, 2002 Response to NRC Staff Correction of January 7, 2002 We appreciate the clarification and correction offered by Counsel Fernandez about the rights of petitioners to challenge a finding of no significant impact and the issue of whether or not an environmental impact statement is warranted.
I would like to point out that the burden of making a showing that Duke and the NRC must do an environmental impact statement (EIS) is far greater than to the showing that a particular aspect of an EIS is not adequate, is incorrect, or that relevant analyses have been left out. The fact that an environmental impact statement on the impact of the operation of these reactors over the potential plutonium-use period is currently being prepared must not be forgotten. In our view, if license renewal were timed so that the MOX use issue were definitively resolved for these reactors, then the environmental impacts of MOX use would either be irrelevant (in the case that the program is not implemented), or alternately, plutonium fuel impacts would be within the scope of the analysis if the program goes forward. In the latter case, the public that will 1,eeh t~te_
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-2 be impacted by this novel program would have the opportunity to assess that analysis without first having to create one of their own, sufficient to meet the requirement of over-turning staff findings.
Since the Commission has referred the issue of MOX consideration to the ASLB, we ask again that the Board rule upon our contentions, with recognition that changes in fuel type is not an inconsequential matter.
Examination of the transcript from the oral arguments of December 18 underscores the need for clarification of two other matters, which we hope the Board will address in the ruling. The first of these is that while there is abundant transcript from the Duke legal representative, Mr. Repka, about the fact that no plutonium fuel use issues will be foreclosed in advance, there is only concomitant "nodding of heads" from NRC staff counsel. We are concerned by this since it is NRC that is in the position to foreclose a petitioner's issues than is Duke. Therefore we ask again that the order reflect this conversation, and not simply the transcript of oral argument.
The second issue is confusion in the transcript about what section of the regulations a MOX-use license amendment would fall. At one point Judge Kelber mentioned, "subpart K" (I regret that I have loaned my copy of the transcript to an associate and so cannot add a citation here). On the next day, the 19'b, it was stated that the process would be under Subpart G. It would be helpful for this issue also to be clarified at this stage, since there is no precedent for this type of fuel use.
Thank you, Mary Ols-on Nuclear Information and Resource Service Asheville, NC
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING BOARD January 18, 2002 In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units I and 2, and Catawba Nuclear Station Units 1 and 2)
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Docket Nos. 50-369, 370, 413 and 414 CERTIFICATE OF SERVICE I hereby certify that copies of "Response to NRC Staff Correction of January 7, 2002" were deposited in US mail, first class today, January 18, 2002 subsequent to electronic transmission yesterday, to all partied listed below.
Ann Marshall Young, Chair*
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 (E-mail: AMY@nrc.gov)
Charles N. Kelber*
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 (E-mail: CNK@nrc.gov)
Lester Rubenstein Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: T-3F23 (E-mail: Lesrrr@msn.com)
Susan L. Uttal, Esq.
Antonio Fernandez Office of General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 (E-mail: sul@nrc.gov)
Office of Commission Appellate Adjudication*
U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 Office of the Secretary*
ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 (E-mail: HEARINGDOCKET@nrc.gov)
Janet Zeller Executive Director Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629 (E-mail: BREDL@skybest.com)
Don Moniak BREDL Aiken Office P.O. Box 3487 Aiken, SC 29802-3487 (E-mail: donmoniak@earthlink.net)
Paul Gunter Nuclear Information and Resource Service 1424 16th St. N.W. Suite 404 Washington, D.C. 20026 (E-mail: pgunter@nirs.org)
Jesse Riley 854 Henley Place Charlotte, NC 28207 (E-mail: JIr2020qaol.com)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005-3502 (E-mail: drepka@winston.com acotting@winston.com)
Lisa F. Vaughn, Esq.
Legal Dept. (PBO5E)
Duke Energy Corporation 422 So. Church St.
Charlotte, NC 28201-1006 (E-mail: IfVaughn@duke-energy.com)
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Mary Olson Nuclear Information & Resource Service Southeast Office, Asheville, NC This 1 8th Day of January, 2002