ML021430113
| ML021430113 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 05/16/2002 |
| From: | Uttal S NRC/OGC |
| 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 10215 | |
| Download: ML021430113 (3) | |
Text
RAS 4444 DOCKETED 05/20/02 May 16, 2002 Ann Marshall Young, Chair Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-F23 Washington, D.C. 20555 Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 Lester S. Rubenstein Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-369, 370, 413 and 414
Dear Administrative Judges:
The NRC staff (Staff) is in receipt of the Boards Order (Addressing Matters Discussed at April 29, 2002, Telephone Conference and Scheduling June 18, 2002, Telephone Conference) dated May 13, 2002, and subsequent e-mails. In numbered paragraph 4 of the Order, the Board refers the parties to a March 11, 2002, Memorandum to Christopher Grimes from Richard Barrett, regarding the Evaluation of Severe Accident Mitigation Alternatives for License Renewal of McGuire, Units 1 and 2. The cited document is an internal, pre-decisional staff document that the Staff does not intend to release to the public.
At this point in the proceeding, discovery against the Staff is precluded by Commission Order.
Therefore, at this time, the Staff does not intend to release this document. The Staffs obligation regarding documents is limited to the requirements imposed by the Commission relating to the case file. See CLI-01-20, 54 NRC 211, 213-214 (2001). Any publically available information relating to the Staffs analysis of the licensees SAMAS may be found in the draft Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG-1437, Supplement 8.
Administrative Judges May 16, 2002 Moreover, in our view, it is inappropriate for the Board to review internal staff documents not provided in the case file. It is further inappropriate for the Board to seek to make such documents public outside the discovery process and without invoking the proper procedure for the release of staff documents to the public.
Sincerely,
/RA/
Susan L. Uttal Counsel for NRC Staff cc:
SECY D. Repka D. Curran A. Cottingham M. Olson L. Vaugh