ML020710006
| ML020710006 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 03/08/2002 |
| From: | Uttal S NRC/OGC |
| To: | NRC/OCM |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4047 | |
| Download: ML020710006 (4) | |
Text
1 See Motion By the Nuclear Energy Institute for Leave to File an Amicus Brief in Response to the Commissions Memorandum and Orders Dated February 6, 2002, Regarding the Commissions Consideration of Potential Intentional Malevolent Acts (Motion), dated February 27, 2002.
2 See Amicus Brief of Nuclear Energy Institute in Response to the Commissions Memorandum and Orders Dated February 6, 2002, Regarding the Commissions Consideration of Potential Intentional Malevolent Acts (Brief), dated February 27, 2002.
3 See (1) Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation),
CLI-02-03, 55 NRC ___ (Feb. 6, 2002); (2) Duke Cogema Stone & Webster (Savannah River Mixed Oxide Fuel Fabrication Facility), CLI-02-04, 55 NRC ___ (Feb. 6, 2002); (3) Dominion Nuclear Connecticut, Inc. (Millstone Nuclear power Station, Unit No. 3), 55 NRC ___ (Feb. 6, 2002); and (4) Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2, and Catawba Nuclear Station, Units 1 & 2), CLI-02-06, 55 NRC ___ (Feb. 6, 2002).
RAS 4047 March 8, 2002 DOCKETED 03/08/02 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station,
)
Units 1 and 2, and
)
Catawba Nuclear Station,
)
Units 1 and 2)
)
NRC STAFFS RESPONSE TO THE MOTION OF THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AN AMICUS BRIEF On February 27, 2002, the Nuclear Energy Institute (NEI) filed a motion for leave to file a brief amicus curiae,1 along with its proposed brief,2 in response to the Commissions Orders of February 6, 2002, requesting briefs from the parties in four separate adjudicatory proceedings.3 NEIs Motion seeks leave to file a brief concerning an issue that is now under review by the Commission -- i.e., whether the Commissions responsibility under the National Environmental Policy Act of 1969 (NEPA) requires consideration of intentional malevolent acts, such as those directed against the United States on September 11, 2001. The NRC Staff (Staff) herewith responds to NEIs Motion.
In the Staffs view, NEIs Motion establishes that the issue under review by the Commission is of concern to NEIs members and to the nuclear energy industry, in general. In addition, it is apparent that the Commissions resolution of this issue may affect NEIs members interests, in that the issue appears to have generic applicability to NRC licensees and license applicants other than those involved in the instant proceeding, and the resolution of this issue could affect other licensing proceedings in the future. Accordingly, the Staff does not object to NEIs filing of its amicus brief relating to this issue in the instant proceeding.
Respectfully submitted,
/RA/
Susan L. Uttal Counsel for NRC Staff Dated at Rockville, Maryland this 8th day of March, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station,
)
Units 1 and 2, and
)
Catawba Nuclear Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS RESPONSE TO THE MOTION OF THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AN AMICUS BRIEF, in the above captioned proceeding have been served on the following through deposit in the NRCs internal mail system, or through deposit in the NRCs internal mail system, with copies by electronic mail, as indicated by an asterisk, or by deposit in the U.S. Postal Service, with copies by electronic mail, as indicated by double asterisk, this 8th day of March, 2002:
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)
Office of Commission Appellate Adjudication*
U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 (OCAA Distribution@nrc.gov)
Paul Gunter**
Nuclear Information and Resource Service 1424 16th St. N.W.
Suite 404 Washington, D.C. 20026 (E-mail: pgunter@nirs.org)
Lester S. Rubenstein*
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 (E-mail: Lesrrr@msn.com)
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 Marsh Zeller**
Executive Director Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629 (E-mail: BREDL@skybest.com)
Mary Olsen**
Southeast Director of NIRS P.O. Box 7586 Asheville, NC 20882 (E-mail: nirs.se@mindspring.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)
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission T-3F23 Washington, D.C. 20555 Lisa F. Vaughn, Esq.**
Legal Dept. (PBO5E)
Duke Energy Corporation 422 So. Church St.
Charlotte, NC 28201-1006 (E-mail: lfVaughn@duke-energy.com)
Donald J. Moniak**
Blue Ridge Environmental Defense League P. O. Box 3487 Aiken, SC 29802 (E-mail: donmoniak@earthlink.net)
Jesse Riley**
854 Henley Place Charlotte, NC 28207 (E-mail: Jlr2020@aol.com)
/RA/
Susan L. Uttal Counsel for NRC Staff