ML022400556
| ML022400556 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 08/19/2002 |
| From: | James Heck NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4750 | |
| Download: ML022400556 (5) | |
Text
August 19, 2002 RAS 4750 DOCKETED 08/20/02 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station, Units 1 and 2, )
Catawba Nuclear Station, Units 1 and 2) )
NRC STAFFS RESPONSE TO APPLICANTS MOTION FOR RECONSIDERATION On August 8, 2002, Duke Energy Corporation (Duke) filed its Motion for Reconsideration with the Atomic Safety and Licensing Board (Board) in this proceeding. Dukes Motion for Reconsideration sets forth an approach for the resolution of BREDL/NIRS Contention 2 as an alternative to that outlined by the Board during the July 29, 2002, telephone conference held between the Board and the parties in this proceeding. See Official Transcript of Proceedings (Tr.)
at 1129-33, 1139-46. The staff of the Nuclear Regulatory Commission (Staff) hereby submits its response in support of Dukes Motion for Reconsideration.
In its Motion for Reconsideration, Duke argues that the question of mootness previously raised with respect to BREDL/NIRS Contention 2 should be resolved before any discovery begins regarding the contention.1 In order to resolve the mootness question, Duke advocates further written filings from the parties on the following two questions:
1 Both Duke and the Staff have previously taken the position that Dukes supplemental SAMA analysis rendered BREDL/NIRS Contention 2 moot. See, e.g., Tr. at 871, 877 (stating Dukes position that its responses to the Staffs requests for additional information effectively mooted the contention); NRC Staffs Answer to Blue Ridge Environmental Defense Leagues and Nuclear Information and Resource Services Amended Contention 2, (June 10, 2002) at 7-8 (stating the Staffs position that Dukes responses to the Staffs requests for additional information mooted the contention).
- 1. What exactly are the values from NUREG/CR-64272 that Consolidated Contention 2 alleges should be included in the Severe Accident Mitigation Alternatives (SAMA) Analyses for McGuire and Catawba?
- 2. Have these values been included in the supplemental SAMA analyses submitted by Duke and incorporated in the NRC Staffs draft Supplemental Environmental Impact Statements (SEIS) for McGuire and Catawba?
Motion for Reconsideration at 2. Under Dukes proposed approach, after the parties complete the filings described above, the Board would make a ruling regarding the mootness of BREDL/NIRS Contention 2 based upon the parties filings and the current record. Id. at 1-2, 7-9.
In the Staffs view, the current record is sufficient to resolve the mootness question.
Relevant information currently available includes: (1) the Sandia study; (2) Dukes responses to Staff requests for additional information regarding the license renewal application;3 and (3) the Staffs draft supplemental environmental impact statements for the Catawba and McGuire nuclear plants.4 This information, when coupled with further filings from the parties as described above, obviates the need for further discovery prior to a decision regarding the mootness of BREDL/NIRS Contention 2. A decision from the Board regarding the mootness question prior to discovery would serve to more clearly define the precise issues open to further discovery, thereby eliminating any potential delay caused by currently anticipated discovery disputes. See Tr. at 1132-33, 1140.
2 NUREG/CR-6427, Assessment of the DCH [Direct Containment Heating] Issue for Plants with Ice Condenser Containments, (April 2000) (the Sandia study).
3 See Letter from M.S. Tuckman to NRC, Response to Requests for Additional Information in Support of the Staff Review of the Application to Renew the Facility Operating Licenses of McGuire Nuclear Station, Units 1 & 2 and Catawba Nuclear Station, Units 1 & 2" at 8 (January 31, 2002); Letter from M.S. Tuckman to NRC, Response to Requests for Additional Information in Support of the Staff Review of the Application to Renew the Facility Operating Licenses of McGuire Nuclear Station, Units 1 & 2 and Catawba Nuclear Station, Units 1 & 2" at 7 (February 1, 2002).
4 See NUREG-1437, Supplement 8, Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding McGuire Nuclear Station, Units 1 and 2, (May 2002) at 5-28, Table 5-8; NUREG-1437, Supplement 9, Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Catawba Nuclear Station, Units 1 and 2, (May 2002) at 5-27, Table 5-7.
Finally, the procedure outlined by Duke in its Motion for Reconsideration would focus the issues open to litigation, resulting in a more efficient hearing process for all parties involved.
CONCLUSION For the reasons stated above, the Staff supports Dukes Motion for Reconsideration and the approach for resolution of BREDL/NIRS Contention 2 outlined therein.
Respectfully Submitted,
/RA/
Jared K. Heck Counsel for NRC Staff Dated at Rockville, Maryland This 19th day of August, 2002.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369, 370, 413 and 414
)
(McGuire Nuclear Station, )
Units 1 and 2, and )
Catawba Nuclear Station )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS RESPONSE TO APPLICANTS MOTION FOR RECONSIDERATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system; as indicated by two asterisks (**),
by electronic mail, this 19th day of August, 2002.
Ann Marshall Young, Chair**
- Lester S. Rubenstein**
- Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, D.C. 20555 Washington, D.C. 20555 (E-mail: AMY@nrc.gov) (E-mail: Lesrrr@msn.com)
Charles N. Kelber**
- Office of the Secretary**
- Administrative Judge ATTN: Docketing and Service Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Mail Stop: T-3F23 Washington, D.C. 20555 Washington, D.C. 20555 (E-mail: HEARINGDOCKET@nrc.gov)
(E-mail: CNK@nrc.gov)
Diane Curran, Esq.**
Office of Commission Appellate Harmon, Curran, Spielberg & Eisenberg Adjudication**
- 1726 M Street, N.W., Suite 600 U.S. Nuclear Regulatory Commission Washington, DC 20036 Mail Stop: O-16C1 (E-mail: dcurran@harmoncurran.com)
Washington, D.C. 20555 Mary Olson**
Paul Gunter** Southeast Director of NIRS Nuclear Information and Resource Service P.O. Box 7586 1424 16th St. N.W. Asheville, NC 20882 Suite 404 (E-mail: nirs.se@mindspring.com)
Washington, D.C. 20026 (E-mail: pgunter@nirs.org)
Atomic Safety and Licensing Board Panel*
David A. Repka, Esq.** U.S. Nuclear Regulatory Commission Anne W. Cottingham, Esq.** T-3F23 Winston & Strawn Washington, D.C. 20555 1400 L Street, N.W.
Washington, D.C. 20005-3502 Donald J. Moniak**
(E-mail: drepka@winston.com P.O. Box 3487 acotting@winston.com) Blue Ridge Environmental Defense League Aiken, S.C. 29802 Ms. Janet Zeller** (E-mail: donmoniak@earthlink.net)
P.O. Box 88 Blue Ridge Environmental Defense League Raju Goyal**
Glendale Springs, N.C. 28629 U.S. Nuclear Regulatory Commission (E-mail: BREDL@skybest.com) Mail Stop: T-3F23 Washington, DC 20555 Lisa F. Vaughn, Esq.** (E-mail: RXG5@nrc.gov)
Legal Dept. (PBO5E)
Duke Energy Corporation 422 So. Church St.
Charlotte, NC 28201-1006 (E-mail: lfVaughn@duke-energy.com)
Jesse Riley**
854 Henley Place Charlotte, NC 28207 (E-mail: Jlr2020@aol.com)
/RA/
Jared K. Heck Counsel for NRC Staff