ML021060084
| ML021060084 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 03/29/2002 |
| From: | Olson M Nuclear Information & Resource Service (NIRS) |
| To: | Duke Energy Corp, Office of Nuclear Reactor Regulation |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4285 | |
| Download: ML021060084 (19) | |
Text
?4 £rL6 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2002 APR I I AM I1: 19 ATOMIC SAFETY AND LICENSING BOARD PANEL S-i,
- L.R.TARY RULEeIAKINGS AND ADJUDICATIONS STAFF Before Administrative Judges:
Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of DUKE ENERGY Docket No's. 50-369-LR, 50-370-LR, 50 CORPORATION (McGuire Nuclear Station, 413-LR, and 50-414-LR ASLBP No. 02 Units 1 and 2, Catawba Nuclear Station, Units 794-01-LR March 28, 2002 1 and 2)
Interrogatories, Requests for Admission and Requests for Production to Duke Energv Now comes Nuclear Information and Resource Service, intervenor herein, and submits interrogatories, requests for production and requests for admissions to Duke Energy in the above captioned matter.
PLEASE NOTE THAT THE FOLLOWING DEFINITIONS AND INSTRUCTIONS ARE AN INTEGRAL PART OF THESE DISCOVERY REQUESTS.
A. As used in this document "Intervenor" shall mean NIRS.
B. As used in this document "Respondent" shall mean Duke Energy.
C. "You," or "Your," shall mean Duke Energy, its officers, directors, agents, and any other representatives, including attorneys.
D. "Document" shall mean all written or graphic matter of every kind or description, however produced or reproduced, whether drafted or final, original or reproduction, signed, sent, received, redrafted, or re-executed, including, but not limited to, electronic communications ("email"), written communications, letters, correspondence, memoranda, minutes, notes, photographs, slides, motion pictures, tape or sound I
"LW 1pI : c y- o-C-
=te SE-C,- OX
recordings, recordings of any type, computer tapes, compact discs, computer disks, and other computer records, contracts, agreements, purchase or sale orders, memoranda of telephone conversations or other conversations, diaries, desk calendars, inter-office communications, reports, studies, bills, receipts, loan sheets, checks, checkbooks, invoices, requisitions, accounts, or material similar to any of the foregoing, however denominated and by whomever prepared and to whomever addressed which are in your possession, custody, or control of to which you have, have had, or can obtain access.
"Document" shall include exact duplicates but shall also include all copies made different from originals by virtue of any writing or notation thereon or by virtue of being organized, maintained, stored or categorized in a substantially different manner or place than the originals or other duplicates.
E. "Relevant document" shall mean each document which directly or indirectly constitutes, comments on, discusses, refers, relates to, or contains information concerning the designated subject.
F. The term "person" includes natural persons, partnerships, limited partnerships, associations, leagues, corporations, governments (including all instrumentalities, officers, agents, and sub-divisions thereof), trusts, funds, and all other business, legal or artificial entities.
G. Gender pronouns as used herein include the feminine, the masculine and neuter genders. Unless otherwise indicated, the singular form includes the plural and the plural form includes the singular.
H. "Identify" or "identification" means, when used in reference to:
- 1. A natural person:
2
- a. Full name;
- b. Present or last known residence and business address (including street name and number, city or town, and state or county);
- c. Present position, business affiliation, and job description, (if the present business or residence addresses or present position, business affiliation, or job description are unknown, such a statement and the corresponding last known such information);
- d. Present position, business affiliation, and job description, (ifthe present business or residence addresses or present position, business affiliation, or job description are unknown, such a statement and the corresponding last known such information);
- e. Position, business affiliation, and job description at the time in question, with respect to the interrogatory or other request involved;
- 2. A document:
- a. Its description (e.g.: letter, memorandum, report, etc.);
- b. Its title, date, and the number of pages thereof;
- c. Its subject matter;
- d. Its author's identity;
- e. Its addressee's identity;
- f. The identity of each person who signed it;
- g. The identity of each person who received it;
- h. Its present location and its custodian identity (if such document was, but 3
is no longer, in the possession of or subject to control of the respondent, such a statement and the manner and date of the disposition made thereof).
- i. In the case of a contract, all of the above and identifying numbers or control or locator numbers.
- 3. An oral communication:
- a. Its date and the place where it occurred;
- b. Its substance;
- c. The identity of each person to whom such communication was made, and each person who was present when such communication was made.
- 4. Any other context:
- a. A description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities and documents;
- b. When used as a part of a request for facts to support a particular allegation or contention, it includes identification of documents produced by others as part of the discovery process, experts' reports, and applicable portions of deposition transcripts, identification of oral communications, any and all other forms of recorded facts, whether or not you have finally decided on its use in the proceeding; I. "Communications" means any transmission of thoughts. opinions, or information by speech, writing or signs.
IN LIEU OF PRODUCTION K. In lieu of identifying documents, you may supply the documents, or true and correct copies thereof, with your answers to these interrogatories. The documents should be 4
segregated or otherwise identified to reflect the number of the interrogatory or interrogatories to which the document is responsive.
TIME PERIOD L. Unless otherwise stated, each interrogatory covers the time period from October 1, 1990 to the date of your response (hereinafter the "period"). The response to each request shall include all documents relating to the period, whether prepared before, during or after the period. Each interrogatory, whether expressed in the present tense or otherwise, refers to the entire period. Ifany change took place during the period with respect to any of the information requested, the date and nature of such change should be set forth.
PRIVILEGE M. Wherever any interrogatory calls for the identity of a document or communication to which you claim privilege, include the identification of such document or communication, the fact of such claim for privilege and the basis asserted for such claim.
Wherever any document request includes any document to which Respondent claims privilege, include a statement identifying each said document, and the basis asserted for the claim of privilege.
GENERALLY N. In answering these interrogatories, you are requested to furnish all information which is available to Respondent, including that which has been obtained by and that which is not in the possession of your attorneys, employees, agents, or other representatives, and not merely the information known by the individuals preparing the response.
- 0. Ifyou are unable to answer any of the within interrogatories fully and completely, after exercising due diligence to secure the information necessary to make such full and complete answers, so state, and in addition, answer each such interrogatory to the fullest extent possible, specifying your knowledge, and your inability to answer the 5
remainder, and state whatever information or knowledge you may have concerning the unanswered portions thereof.
P. Each of the following discovery requests is a continuing one; if subsequent to serving an answer to any request you obtain, or become aware of, any further information pertaining to such request, you are requested to serve upon Intervenor amended answers setting forth such information.
INTERROGATORIES, REQUESTS FOR ADMISSION AND REQUESTS FOR PRODUCTION Request for Admission Number 1: Catawba 1, Catawba 2, McGuire 1 and McGuire 2 are under contract (or subcontract) with the U.S. Department of Energy (DOE) to irradiate surplus weapons plutonium in the form of MOX fuel.
Response
Interrogatory No. 1: If your answer to the foregoing Request for Admission No. 1 is other than an unequivocal admission, please state the factual basis for such response.
Response
Request for Production No. 1 A: Please produce for inspection and copying all documents, which you believe, support your answer to Interrogatory No. 1.
Response
Request for Production No. 1 B: Please produce for inspection and copying all contract(s) between the U.S DOE and DCS (Duke Cogema StoneandWebster) and all 6
amendments regarding surplus plutonium disposition and plutonium (MOX) fuel irradiation or Mission Reactors.
Response
Request for Production No. 1 C: Please produce for inspection and copying contract(s) between Duke Energy (or any other entity with authority over Catawba 1, Catawba 2, McGuire 1 and McGuire 2 ) and DCS with respect to Catawba 1, Catawba 2, McGuire 1 and McGuire 2.
Response
Request for Admission No 2: DCS is contracted with the U.S. Department of Energy (DOE) for specified "deliverables" listed in Attachment 1 of Section J of Contract No. DE AC02-99CH 10888 including: Mission Reactor System Modification Plan(s); Mission Reactor Licensing Plan(s); Mission Reactor Permitting Plan(s); Mission Reactor Irradiation Plan(s). Since Catawba and McGuire are Mission Reactors, these reports to DOE refer to them, and activities that pertain to them.
Response
Interrogatory No. 2: Ifyour answer to the foregoing Request for Admission No. 2 is other than an unequivocal admission, please state the factual basis for such response.
Response
7
Request for Production 2 A: Please produce for inspection and copying all current final or current draft versions of: Mission Reactor System Modification Plan(s);
Response
Request for Production 2 B: Please produce for inspection and copying all current final or current draft versions of Mission Reactor Licensing Plan(s)
Response
Request for Production 2 C: Please produce for inspection and copying all current final or current draft versions of Mission Reactor Permitting Plan(s).
Response
Request for Production 2 D: Please produce for inspection and copying all current final or current draft versions of Mission Reactor Irradiation Plan(s).
Response
Request for Production 2 E: Please produce for inspection and copying all documents used to prepare the contracted items identified in requests for production 2 A - 2 D.
Response
Request for Admission No. 3: Duke Energy intends to apply for a license amendment to 8
load test fuel (MOX) assemblies into one or more of the Catawba 1, Catawba 2, McGuire 1 and McGuire 2 reactors under the current license for these reactors, or in the initial time of the renewed license.
Response
Interrogatory No. 3: Ifyour answer to the foregoing Request for Admission No. 3 is other than an unequivocal admission, please state the factual basis for such response.
Response
Request for Production No. 3 A: Please produce for inspection and copying any documents or contracts or work product on the development, production and prospective loading of test MOX fuel assemblies.
Response
Request for Production No. 3 B: Please produce for inspection and copying all documents evidencing the current timetable for lead test assembly development and application for license amendment to load lead test assembley(s).
Response
Request for Admission No. 4: On July 2 5m, 2000 at a public meeting at NRC headquarters during a presentation about license renewal at Catawba and McGuire by Duke Energy, a representative of Duke Energy stated that if MOX fuel would interfere 9
with safe operations at Duke reactors through the period of license extension, then Duke would not use MOX fuel.
Response
Interrogatory No. 4: If your answer to the foregoing Request for Admission No. 4 is other than an unequivocal admission, please state the factual basis for such response.
Response
Request for Production No. 4 A: Please produce for inspection and copying a list of all Duke representatives and other personnel from the company who were present at the July 25, 2000 meeting at NRC headquarters on license renewal.
Response
Request for Production No. 4 B: Please produce for inspection and copying all documents pertaining to MOX fuel use and license renewal, particularly, but not limited to, the period of extended operations.
Response
Request for Production No. 4 C: Please produce for inspection and copying all documents pertaining to exemption requests made to NRC with respect to license renewal for McGuire 2 and Catawba 1 & 2 and MOX fuel, or plutonium disposition or DOE or DCS contracts or Duke or DCS reports to DOE.
10
Response
Request for Production No. 4 D: Please produce for inspection and copying all documents on the fission yield and neutron flux of weapons grade plutonium and also reactor grade plutonium (MOX) fuel reviewed, used or consulted by Duke in assessing plutonium (MOX) fuel use or impacts.
Response
Request for Production No. 4 E: Please produce for inspection and copying all documents pertaining to plutonium fuel characteristics and any and all types of aging of reactor vessel, reactor vessel penetrations and reactor internal components.
Response
Request for Production No. 4 F: Please produce for inspection and copying all documents pertaining to plutonium (MOX) fuel source term and Duke reactors.
Response
Request for Production No. 4 G: Please produce for inspection and copying all documents concerning the feasibility of using mixed oxide fuel as a light water reactor fuel in general, and specifically in Catawba and McGuire.
Response
11
Interrogatory No. 5: Please state the reasons that Duke Energy decided to contract Catawba aid McGuire as Mission Reactors to irradiate weapons plutonium (MOX) fuel.
Response
Interrogatory No. 6: Identify the individual by name, address and job title, and relationship to Duke Energy who participated in or prepared the answers to these interrogatories and requests for production, other than in a purely clerical capacity. If more than one person was involved in preparing the answers to these interrogatories, describe for each such individual the information which that person provided in preparing the answers.
Response
Interrogatory No. 7: Identify all documents, records, or other materials used in, or relied upon, in preparing your answers and all relevant documents containing information relating to each Interrogatory, and identify by number which interrogatory response to which each document is applicable.
Response
Interrogatory No. 8: For each isotope present in a typical, new, enriched uranium fuel rod at Catawba and McGuire, please specify
- a. The mass,
- b. The number of curies 12
- c. The half life and
- d. The type of radiation emitted.
Response
Interrogatory No. 9: For each isotope present in a typical spent enriched uranium fuel rod with full burnup at the Catawba and McGuire power plants, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Response
Interrogatory No. 10: For each isotope present in a new mixed oxide fuel rod contemplated for use in the McGuire and Catawba power plants, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Response
Interrogatory No. 11: For each isotope projected to be present in a spent mixed oxide fuel rod with full 13
burnup from Catawba and McGuire, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Response
Interrogatory No. 12: For each reactor at the Catawba nuclear station, specify
- a. The number of fuel rod assemblies
- b. The number of control rod assemblies
- c. The number of fuel rods in each assembly
- d. The total mass of all fuel rod assemblies in each reactor
- e. The total mass of all control rod assemblies in each reactor.
Response
Interrogatory No. 13: For each reactor at the McGuire nuclear station, specify
- a. The number of fuel rod assemblies
- b. The number of control rod assemblies
- c. The number of fuel rods in each assembly
- d. The total mass of all fuel rod assemblies in each reactor
- e. The total mass of all control rod assemblies in each reactor.
Response
14
Request for Production No. 5: Please produce for inspection and copying all of Duke Energy's annual reports to shareholders for the years 1992 to 2002.
Response
Request for Production No. 6: Please produce for inspection and copying all reports filed by Duke Energy with the PSC/PUCs of North Carolina and South Carolina concerning future availability of electrical generation for the years 1992 to 2012.
Response
Request for Production No. 7: Please identify and make available all letters, memos, electronic mails ("emails"), contracts, reports, audio recordings, transcripts, documents or work product which Duke Energy as licensee has sent to the Nuclear Regulatory Commission concerning mixed oxide fuel.
Response
Request for Production No. 8: Please produce for inspection and copying / all letters, memos, electronic mails, contracts, reports, audio recordings, transcripts, documents, or work product which Duke Energy as licensee has received from the Nuclear Regulatory Commission concerning mixed oxide fuel.
Response
Request for Production No. 9. Identify and make available all letters, memos, electronic 15
mails, contracts, reports, audio recordings, transcripts, documents or work product the licensee has sent to the Department of Energy concerning mixed oxide fuel.
Response
Request for Production No. 10: Please produce for inspection and copying all letters, memos, electronic mails, contracts, reports, audio recordings, transcripts, documents or work product the licensee has received from the Department of Energy concerning mixed oxide fuel.
Response
Request for Production No. 11: Identify and make available all letters, memos, electronic mails, contracts, reports, audio recordings, transcripts, documents or work product the licensee has sent the Nuclear Energy Institute concerning mixed oxide fuel.
Response
Request for Production No. 12: Please produce for inspection and copying all letters, memos, electronic mails, contracts, reports, audio recordings, transcripts, documents or work product the licensee has received from the Nuclear Energy Institute concerning mixed oxide fuel.
Response
Respectfully Submitted, 16
Mary Olson Director, Southeast Office Nuclear Information and Resource Service Asheville, North Carolina 17
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of: ) Docket Nos. 50-369
) 50-370 Duke Energy Corporation ) 50-413
) 50-414 (McGuire Units I and 2, and )
) March 29, 2002 Catawba Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "Interrogatories, Requests for Admission and Requests for Production" in the captioned proceeding have been served on those listed below by e-mail service today and by deposit in the United States mail, first class on March 29, 2002.
The Honorable Ann Marshall Young Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 AMY@nrc.gov Adjudicatory File The Honorable Lester S. Rubenstein Susan L. Uttal, Esq.
Atomic Safety and Licensing Board Panel Antonio Fernandez 4760 East Country Villa Drive Office of the General Counsel Tucson, Arizona 85718 U.S. Nuclear Regulatory Commission Lesrrr@msn.com Washington, DC 20555 (e-mail: slu@nrc.gov)
The Honorable Charles N. Kelber Atomic Safety and Licensing Board Panel Janet Marsh Zeller U.S. Nuclear Regulatory Commission Executive Director Washington, DC 20555 Blue Ridge Environmental Defense CNK@nrc.gov League P.O. Box 88 Office of the Secretary Glendale Springs, NC 28629 U.S. Nuclear Regulatory Commission (e-mail: BREDL@skybest.com)
Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (e-mail: HEARINGDOCKET@nrc.gov)
Jesse Riley David A. Repka 854 Henley Place Counsel for Duke Energy Corporation Charlotte, NC 28207 Winston & Strawn 704-375-4342 1400 L Street, N.W.
Jlr2020@aol.com Washington, DC 20005 E-Mail: drepka@.winston.com Mary Olson Nuclear Information and Resource Service, Southeast Office Asheville, North Carolina 29th day of March 2001