ML021340229
| ML021340229 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 05/13/2002 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4423 | |
| Download: ML021340229 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 4423 DOCKETED 05/13/02 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 05/13/02 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 1 and 2, Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR ASLBP No. 02-794-01-LR May 13, 2002 ORDER (Addressing Matters Discussed at April 29, 2002, Telephone Conference and Scheduling June 18, 2002, Telephone Conference)
On April 29, 2002, a telephone conference was held in this proceeding, which concerns the license renewal application of Duke Energy Corporation, seeking approval under 10 C.F.R. Part 54 to renew the operating licenses for its McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2. The following matters were addressed:
- 1. The parties having previously been advised to be prepared to address all issues remaining in the case after the Commissions issuance of CLI-02-14 reversing the Boards ruling on Contention 1 (relating to MOX fuel use), issues relating to Contention 2 (the appeal on which has not yet been ruled on by the Commission) were discussed. The parties will continue their settlement discussions relating to Contention 2, the relevance of Generic Safety Issue 189, and related issues, and report on whether they have settled any or all parts of Contention 2 at another telephone conference scheduled for June 18. In addition, the following deadlines were set:
- a. Any late-filed contentions based on new information based upon Dukes responses to Staff RAIs shall be filed, jointly by the petitioners through their lead counsel on this issue, no later than May 20. Tr. 914. Any such late-filed contentions shall comply with all relevant requirements of NRC rules relating to such late-filing.
- b. Reponses to any such late-filed contentions shall be filed no later than June 10, 2002. Id.
- c. To the degree the responses to any late-filed contentions raise timeliness issues, the petitioners may file a joint response with regard to these issues, no later than June 14, 2002.
Tr. June 14.
- 2. Another telephone conference shall be held on June 18, 2002, tentatively at 10:00 a.m., at which time the parties shall report on their continuing settlement efforts and on any related issues, and any necessary oral argument on late-filed contentions shall be scheduled, as appropriate. See Tr. 915. (Because of Judge Youngs involvement in a hearing in another case June 11-21 in Tennessee, the time for this conference may need to be reset; the parties will be notified of the final time for the conference, as well as the pass code for participating, at a later date.)
- 3. Deadlines for discovery and for motions for summary disposition will be set at a later date, as necessary and appropriate. See Tr. 916.
- 4. In the meantime, the Staff will continue to attempt to ascertain the status of Staff action on Generic Safety Issue 189, share information on this with the parties as soon as possible, and also report on this at the June 18 conference. In addition, the parties are directed to a document located by Judge Kelber, a portion of which may be relevant to Contention 2 and continuing settlement discussions relating to it, namely, a Memorandum to Christopher Grimes from Richard Barett, dated March 11, 2002, with ADAMS accession number ML020720136, entitled EVALUATION OF SEVERE ACCIDENT MITIGATION ALTERNATIVES FOR LICENSE RENEWAL OF McGUIRE, UNITS 1 AND 2. Specifically, Judge Kelber suggests the parties note the following statement from the referenced document:
1Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
The staff has recognized hydrogen control in SBO sequences as an operating license issue for all ice condenser plants and is pursuing this matter as Generic Safety Issue 189. The need for plant/procedure changes will be addressed as part of the generic safety issue resolution and if found to be justified, plant modifications at McGuire will be made as a current operating license issue.
To the degree these issues and any other issues relating to Contention 2 remain in dispute at the June 18 conference, they shall be discussed at that time.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD1
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland May 13, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-369/370/413/414-LR
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(McGuire Nuclear Station, Units 1 and 2;
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Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (ADDRESSING MATTERS DISCUSSED AT APRIL 29, 2002, TELEPHONE CONFERENCE AND SCHEDULING JUNE 18, 2002, TELEPHONE CONFERENCE) have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Charles N. Kelber Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge, ASLBP Lester S. Rubenstein 4760 East Country Villa Drive Tucson, AZ 85718 Susan L. Uttal, Esq.
Antonio Fernández, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Michael S. Tuckman, Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 Janet Marsh Zeller, Executive Director Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629
2 Docket Nos. 50-369/370/413/414-LR LB ORDER (ADDRESSING MATTERS DISCUSSED AT APRIL 29, 2002, TELEPHONE CONFERENCE AND SCHEDULING JUNE 18, 2002, TELEPHONE CONFERENCE)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Winston & Strawn 1400 L Street, NW Washington, DC 20005 Lisa F. Vaughn, Esq.
Duke Energy Corporation 422 South Church Street Charlotte, NC 28202 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW Washington, DC 20026 Jesse Riley 854 Henley Place Charlotte, NC 28207 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 13th day of May 2002