ML021960172
| ML021960172 | |
| Person / Time | |
|---|---|
| Site: | Catawba, McGuire, Mcguire  |
| Issue date: | 07/15/2002 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4639 | |
| Download: ML021960172 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 4639 DOCKETED 07/15/02 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 07/15/02 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of Docket Nos. 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) July 15, 2002 ORDER (Addressing the Reconvening of Telephone Conference on Late-Filed Amendments to Petitioners Contention 2 and Matters to be Addressed Prior to and at Conference)
On July 10, 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 updated the Board on various items including: their progress on settlement negotiations on Contention 2; the pending appeal by Duke and the Staff to the Commission of the Boards ruling on Contention 2 and the Commissions appointment of Mr. Mike Snodderly as an Adjudicatory Employee who will advise the Commission in this appeal; the Staffs progress on Generic Safety Issue (GSI) 189, a June 6, 2002, meeting of the Advisory Committee on Reactor Safety (ACRS) in which GSI-189 and related information was discussed, and a June 27, 2002, Staff Requirements Memorandum (SRM) relating to GSI-189; a May 16, 2002, letter to the Board from Staff on concerns relating to the use of non-public
information; and questions arising out of the parties filings related to late-filed amendments to Contention 2.
- 2. At the conclusion of the July 10 conference, it was decided to reconvene again on July 29, 2002, by telephone conference call, to continue with the Boards questions to the parties on the late-filed amendments to Contention 2 and all filings related to them, and to allow the parties time to address concerns that have not previously been addressed or covered through responses to the Boards questions. (The parties may utilize the transcript of the July 10 conference to assist them in focusing their responses more effectively.) In addition to being prepared to respond to the Boards questions, the parties shall also be prepared to address the following issues:
- a. The relevance of GSI-189 in this proceeding, in light of the Commissions Memorandum and Order in the matter of Duke Energy Corporation (Oconee Nuclear Station, Units 1, 2, and 3), CLI-99-11, 49 NRC 328, 345 (1999) and any other pertinent authority;
- b. Does the fact that station blackout provisions are part of the current licensing basis (CLB) preclude their consideration in a severe accident mitigation alternative (SAMA) analysis contention (supported by any pertinent case law or other authority);
- c. In addition, Petitioners shall respond to legal arguments made by Duke and the Staff including those relating to the NEPA hard look doctrine; and
- d. The parties may address matters not previously addressed that relate to the current filings on late-filed amendments to Contention 2.
- 3. The parties shall address the preceding issues in concise written filings which shall be submitted no later than July 22, 2002. Any such written filings shall be limited to matters not previously argued by the parties except insofar as necessary to establish context.
- 4. Participants should call 301/231-5539 or 1-800/638-8081 a few minutes before 10:00 a.m. on July 29, 2002, and give passcode 8523# to be connected in to the conference.
It is so ORDERED.
FOR THE ATOMIC SAFETY 1
AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland July 15, 2002 1
Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369/370/413/414-LR
)
(McGuire Nuclear Station, Units 1 and 2; )
Catawba Nuclear Station, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (ADDRESSING THE RECONVENING OF TELEPHONE CONFERENCE ON LATE-FILED AMENDMENTS TO PETITIONERS CONTENTION 2 AND MATTERS TO BE ADDRESSED PRIOR TO AND AT 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 Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge, ASLBP Charles N. Kelber Lester S. Rubenstein Atomic Safety and Licensing Board Panel 4760 East Country Villa Drive Mail Stop - T-3 F23 Tucson, AZ 85718 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan L. Uttal, Esq. Michael S. Tuckman, Executive Vice President Antonio Fernández, Esq. Nuclear Generation Office of the General Counsel Duke Energy Corporation Mail Stop - O-15 D21 526 South Church Street U.S. Nuclear Regulatory Commission P.O. Box 1006 Washington, DC 20555-0001 Charlotte, NC 28201-1006 Mary Olson Janet Marsh Zeller, Executive Director Director of the Southeast Office Blue Ridge Environmental Defense League Nuclear Information and Resource Service P.O. Box 88 729 Haywood Road, 1-A Glendale Springs, NC 28629 P.O. Box 7586 Asheville, NC 28802
2 Docket Nos. 50-369/370/413/414-LR LB ORDER (ADDRESSING THE RECONVENING OF TELEPHONE CONFERENCE ON LATE-FILED AMENDMENTS TO PETITIONERS CONTENTION 2 AND MATTERS TO BE ADDRESSED PRIOR TO AND AT CONFERENCE)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Winston & Strawn 422 South Church Street 1400 L Street, NW Charlotte, NC 28202 Washington, DC 20005 Paul Gunter Jesse Riley Nuclear Information and Resource Service 854 Henley Place 1424 16th St., NW Charlotte, NC 28207 Washington, DC 20026 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 15th day of July 2002