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Category:Legal-Brief
MONTHYEARML0513902952005-05-0909 May 2005
Duke Energy Corporation'S Reply to Blue Ridge Environmental Defense League'S Brief in Response to CLI-05-10
ML0513103542005-05-0202 May 2005
Blue Ridge Environmental Defense League'S Brief in Response to CLI-05-10 Regarding Commission Review of LBP-05-10
ML0508103272005-03-21021 March 2005
Catawba - NRC Staff Response to Blue Ridge Environmental Defense League'S Petition for Review of No Significant Hazards Consideration Determination and Request for Immediate Order
ML0508203442005-03-16016 March 2005
Duke Energy Corporation'S Opposition to Petition for Expedited Discretionary Review of No Significant Hazards Consideration Determination and Request for Immediate Order
ML0507501942005-03-0909 March 2005
Blue Ridge Environmental Defense League'S Petition for Expedited Discretionary Review of No Significant Hazards Consideration Determination and Request for Immediate Order That Duke May Not Accept Plutonium MOX Fuel Shipment, with Attachmen
ML0431401742004-10-29029 October 2004
Blue Ridge Environmental Defense League'S Appeal of NRC Staff'S October 27, 2004, Need-to-know Determination
ML0423006032004-08-0606 August 2004
Blue Ridge Environmental Defense League'S Appeal of Duke Energy Corporation'S August 6, 2004 Need-to-know Determination
ML0420301772004-07-13013 July 2004
Blue Ridge Environmental Defense League'S Reply to Duke Energy Corporation'S Response to NRC Staff Petition for Review of ASLB Ruling on Bredl Security Expert Qualifications
ML0420203822004-07-0909 July 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff Petition for Review of ASLB Ruling on Bredl Security Expert Qualifications and Opposition to Motion for Stay
ML0414005112004-05-12012 May 2004
Duke Energy Corporation'S Reply to Blue Ridge Environmental Defense League'S Brief on Certified Questions
ML0414004792004-05-12012 May 2004
Blue Ridge Environmental Defense League'S Reply Brief in Response to CLI-04-11
ML0413406162004-05-12012 May 2004
Catawba - NRC Staff'S Reply to the Blue Ridge Environmental Defense League'S Response to the Commission'S April 21, 2004 Order
ML0413303682004-05-0505 May 2004
Blue Ridge Environmental Defense League'S Brief in Response to CLI-04-11, Regarding Admissibility of Bredl Security Contention 1; and Request for Reconsideration of CLI-04-06
ML0413401392004-05-0505 May 2004
Response of Duke Energy Corporation to the Questions Certified to the Commission by Memorandum and Order (Ruling on Security-Related Contentions)
ML0412704882004-05-0505 May 2004
Catawba - NRC Staff'S Response to the Commission'S April 21, 2004 Order Relating to Certified Question Regarding Bredl Security Contention 1
ML0411005292004-04-14014 April 2004
Catawba - Certificate of Service for NRC Staff'S Response to the Blue Ridge Environmental Defense League'S First Set of Discovery Requests to NRC Staff and NRC Staff Brief in Response to the Aslb'S April 8, 2004 Order
ML0411005212004-04-14014 April 2004
Catawba - NRC Staff Brief in Response to the Aslb'S April 8, 2004 Order
ML0409203282004-03-25025 March 2004
Blue Ridge Environmental Defense League'S Response to Duke'S Appeal of LBP-04-04
ML0409201352004-03-25025 March 2004
Catawba - NRC Staff'S Brief in Support of Duke Energy Corporation'S Appeal from Atomic Safety and Licensing Board'S Memorandum and Order LBP-04-04 (Ruling on Standing and Contentions)
ML0408204762004-03-15015 March 2004
Memorandum of Law in Support of Duke Energy Corporation'S Appeal from the Atomic Safety and Licensing Board'S Memorandum and Order LBP-04-04 (Ruling on Standing and Contentions)
ML0408204162004-03-15015 March 2004
Notice of Appeal of Duke Energy Corporation from Atomic Safety and Licensing Board Memorandum and Order LBP-04-04 (Ruling on Standing and Contentions)
ML0405004602004-02-11011 February 2004
Catawba MOX - NRC Staff'S Petition for Review of the Licensing Board'S February 4, 2004 Order Relating to Bredl'S Request to Attend a Closed Meeting
ML0403604542004-01-28028 January 2004
Catawba MOX - NRC Staff Response to Atomic Safety and Licensing Board Request to the Commission Pursuant to 10 C.F.R. 2.904
ML0335704202003-12-19019 December 2003
Catawba - NRC Staff'S Reply to Blue Ridge Environmental Defense League'S Response to Board Questions
ML0335704342003-12-12012 December 2003
Catawba - NRC Staff'S Response to Board'S Question Regarding Executive Order 12114
ML0332405462003-11-14014 November 2003
Duke Energy Corporation'S Opposition to Petition for Review of LBP-03-17
ML0331804812003-11-10010 November 2003
NRC Staff'S Response to (1) Blue Ridge Environmental Defense League'S Supplemental Petition to Intervene and (2) Nuclear Information and Resource Service'S Contentions
ML0331701302003-11-0404 November 2003
Blue Ridge Environmental Defense League'S Petition for Review of LBP-03-17
ML0304401172003-02-12012 February 2003
Mcguire/Catawba - NRC Staff'S Response to Intervenors' Brief Filed Pursuant to Licensing Board Order of February 4, 2003
ML0304101362003-02-0707 February 2003
Mcguire/Catawba - NRC Staff'S Brief in Response to Licensing Board Order of February 4, 2003
ML0208104262002-03-12012 March 2002
Reply of Duke Energy Corporation to Nuclear Information and Resource Service and Blue Ridge Environmental Defense League Briefs in Response to Commission Memorandum and Order CLI-02-06
ML0208502652002-03-12012 March 2002
Nuclear Information and Resource Service Reply Brief Regarding Admissibility of NEPA Issues Relating to Terrorism and Sabotage
ML0212205042002-03-12012 March 2002
Mcguire/Catawba - NRC Staff'S Brief in Reply to Responses to CLI-02-06
ML0205904192002-02-27027 February 2002
Mcguire/Catawba - NRC Staff'S Brief in Response to CLI-02-06
ML0207301562002-02-27027 February 2002
Amicus Brief of Nuclear Energy Institute in Response to the Commission'S Memorandum and Orders Dated February 6, 2002, Regarding the Commission'S Consideration of Potential Intentional Malevolent Acts
ML0207303032002-02-27027 February 2002
Brief of Duke Energy Corporation in Response to Commission Memorandum and Order CLI-02-06
ML0206506302002-02-14014 February 2002
Blue Ridge Environmental Defense League (Bredl) Response to NRC Staff'S Brief in Support of Appeal from LBP-02-04 and Memorandum of Law in Support of Appeal of Duke Energy Corporation from Atomic Safety and Licensing Board Memorandum and Or
ML0208102992002-02-14014 February 2002
Nirs Response to Appeal Memoranda of Duke Energy and NRC Staff to Atomic Safety Licensing Board January 24, 2002 Ruling on Standing and Contentions
ML0203800502002-02-0404 February 2002
Mcguire/Catawba - NRC Staff'S Brief in Support of Appeal from LBP-02-04
ML0203800552002-02-0404 February 2002
NRC Staff Notice of Appeal of LBP-02-04 Granting Intervention and Admission of Contentions
ML0203800592002-02-0404 February 2002
Certificate of Service for NRC Staff Notice of Appeal of LBP-02-04 and NRC Staff'S Brief in Support of Appeal from LBP-02-04 Granting Intervention and Admission of Contentions
ML0205901792002-02-0404 February 2002
Notice of Appeal of Duke Energy Corporation from Atomic Safety and Licensing Board Memorandum and Order LBP-02-04 (Ruling on Standing and Contentions)
ML0205902972002-02-0404 February 2002
Memorandum of Law in Support of Appeal of Duke Energy Corporation from Atomic Safety and Licensing Board Memorandum and Order LBP-02-04 (Ruling on Standing and Contentions)
2005-05-09
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DOCKETED USHRC UNITED STATES OF AMERICA 2002 MAR 25 PM 1: 16 NUCLEAR REGULATORY COMMISSION hUu,,NAIN*GS AND BEFORE THE COMMISSION ADJUDICATIONS STAFF In the Matter of Docket No's. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR DUKE ENERGY CORPORATION ASLBP No. 02-794-01-LR (McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2) March 12, 2002 NUCLEAR INFORMATION AND RESOURCE SERVICE REPLY BRIEF REGARDING ADMISSIBILITY OF NEPA ISSUES RELATING TO TERRORISM AND SABOTAGE Pursuant to Memorandum and Order CLI-02-05 (February 6, 2002), Nuclear Information and Resource Service ("NIRS") hereby replies to the briefs filed by Duke Energy Corporation ("Duke") and the Nuclear Regulatory Commission ("NRC" or "Commission") Staff.' This brief also replies to the amicus brief filed by the Nuclear Energy Institute. 2 Word for word, the legal arguments in Duke's and the NRC Staff's briefs are virtually identical to the briefs filed by Dominion Nuclear Connecticut ("DNC") and the Staff in response to CLI-02-05 in the Millstone case. See Brief of Dominion Nuclear Connecticut, Inc. In Response to Commission Memorandum and Order CLI-02-05 (February 27, 2002); NRC Staff's Brief in Response to CLI-02-05 (February 27, 2002).
1 See Brief of Duke Energy Corporation in Response to the Commission's Memorandum and Order CLI-02-06 (February 27, 2002) ("Duke Brief'); NRC Staff Brief in Response to CLI-02-06 (February 27, 2002) ("NRC Staff Brief').
2 See Amicus Brief of Nuclear Energy Institute in Response to the Commission's Memorandum and Orders Dated February 6, 2002, Regarding the Commission's Consideration of Potential Intentional Malevolent Acts (February 27, 2002) ("NEI Brief').
- 1
NEI filed a single brief in both cases. See Amicus Brief of Nuclear Energy Institute in Response to the Commission's Memorandum and Orders Dated February 6, 2002, Regarding the Commission's Consideration of Potential Intentional Malevolent Acts (February 27, 2002) ("NEI Brief').
Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone ("CCAM/CAM") have prepared a detailed reply to these legal arguments, on which NIRS relies. See Connecticut Coalition Against Millstone And Long Island Coalition Reply Brief Regarding NEPA Requirement To Admit Contention Regarding Environmental Impacts Of Destructive Acts Of Malice And Insanity March 12, 2002)
("CCAM/CAM Reply Brief'). Rather than repeating those arguments, NIRS refers the Commission to the CCAM/CAM Reply Brief.
There is one area in which the briefs filed by Duke and the NRC Staff contain additional arguments relevant to this case only. Their arguments address the question of whether NIRS's environmental contention raising the risk of terrorism or sabotage in a nuclear power plant license renewal case is barred by the notice of hearing, or subject to some extra procedural requirements under 10 C.F.R. § 2.758. See Duke Brief at 23-30, NRC Staff Brief at 19-20, 24-26. The arguments made by Duke and the NRC Staff reprise elements of the Atomic Safety and Licensing Board's ("ASLB's") decision in LBP-02-04. In its initial brief, NIRS has already demonstrated that the ASLB's decision on these issues was clearly erroneous. Duke and the Staff have added nothing new to the ASLB's decision that would warrant further attention.
In the course of this briefing, Duke and the NRC Staff have completely failed to demonstrate that the ASLB had any legal or factual basis for refusing to admit the greater
portion of NIRS's contention seeking an EIS on the impacts of sabotage and terrorist attacks on the McGuire and Catawba plants. The contention should be remanded for litigation of all its terms.
Respectfully submitted, Nuclear Information and Resource Service, Southeast Office Asheville, NC March 12, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of: )) Docket Nos. 50-369 50-370
) 50-413 Duke Energy Corporation 50-414
)
)
(McGuire Units 1 and 2, and March 12, 2002
)
Catawba Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that "NUCLEAR INFORMATION AND RESOURCE SERVICE REPLY BRIEF REGARDING ADMISSIBILITY OF NEPA ISSUES RELATING TO TERRORISM AND SABOTAGE" in the captioned proceeding has been served on the following by Email and deposit in the United States mail, first class, this Twelfth day of March 2002.
Commissioner Richard Meserve, Chair Commissioner Edward McGaffigan, Jr.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Commissioner Greta Joy Dicus Commissioner Jeffrey Merrifield U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Commissioner Nils J. Diaz U.S. Nuclear Regulatory Commission Washington, DC 20555 The Honorable Ann Marshall Young Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 AMY@nrc. gov The Honorable Lester S. Rubenstein Atomic Safety and Licensing Board Panel Fax 301-415-5599 U.S. Nuclear Regulatory Commission Washington, DC 20555 Lesrrrc.msn.com Fax 301-415-5599
Janet Marsh Zeller, Executive Director Blue Ridge Environmental Defense League P.O. Box 88 The Honorable Charles N. Kelber Glendale Springs, NC 28629 Atomic Safety and Licensing Board Panel (e-mail: BREDL@skybest.cor)
U.S. Nuclear Regulatory Commission Fax 336-982-2954 Washington, DC 20555 CNKanrc.gov Paul Gunter Fax 301-415-5599 Nuclear Information and Resource Service 1424 16'h Street NW Suite 404 Washington, DC 20036 Office of the Secretary (e-mail: pgunter awnirs. org)
U.S. Nuclear Regulatory Commission FAX 202-462-2183 Washington, DC 20555 Attn: Rulemakings and Adjudications Staff David A. Repka (e-mail: HEARINGDOCKET @nrc. gov Counsel for Duke Energy Corporation Fax 301-415-1101 Winston & Strawn 1400 L Street, N.W.
Office of Commission Appellate Washington, DC 20005 Adjudication E-Mail: drepka@winston.com U.S. Nuclear Regulatory Commission Fax 202-371-5950 Washington, DC 20555 Adjudicatory File Jesse Riley Fax 301-415-3200 Att: John Cordes 854 Henley Place Charlotte, NC 28207 (E-mail: jlr2020 @aol.com)
Susan L. Uttal, Esq.
Antonio Fernandez Duke Energy Corporation 422 South Church Street Office of the General Counsel Charlotte, NC 28202 U.S. Nuclear Regulatory Commission (E-mail: lfvaughn(aduke-enerav.com)
Washington, DC 20555 (e-mail: slu(Thnrc.gov) Fax 301-415-3725 Mary Olson Nuclear Information and Resource Service, SE P.O. Box 7586 Asheville, NC 28802 (e-mail: nirs.se .mindspring.com)
Fax 828-236-3489 Nuclear Information and Resource Service, Southeast Offic, Asheville, NC March 12, 2002
