ML030370676
| ML030370676 | |
| Person / Time | |
|---|---|
| Site: | Catawba, McGuire, Mcguire  |
| Issue date: | 02/04/2003 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, -RFPFR, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 5606 | |
| Download: ML030370676 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 5606 DOCKETED 02/04/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 02/04/03 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) February 4, 2003 ORDER (Ruling on Duke Motion to Dismiss, Setting Briefing Deadlines, and Scheduling Oral Argument on Amended Contention 2)
On January 31, 3002, the Licensing Board held a telephone conference with the parties 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, and in which the Nuclear Information and Resource Service (NIRS) and the Blue Ridge Environmental Defense League (BREDL) have intervened. The following matters were addressed at this conference:
- 1. With regard to Dukes Motion to Dismiss Consolidated Contention 2 based on grounds of mootness, the Board GRANTED the motion, in light of the Commissions December 18, 2002, Memorandum and Order, CLI-02-28, and having received and considered the responses of the NRC Staff and the Intervenors to the motion.
- 2. The Board will hear oral argument on the Intervenors Amended Contention 2 on Tuesday, February 18, 2003, starting at 9:00 a.m. in the Atomic Safety and Licensing Board Panel hearing room in Rockville, Maryland. In order to facilitate the orderly handling of NRC
security procedures for the session, non-NRC parties should send the Board chair a list of all persons who will be attending the oral argument, providing names, dates of birth, social security numbers, and whether each person is a U.S. citizen, along with an indication of whether any persons will be arriving in their own automobiles such that they will need parking, no later than the close of business on Thursday, February 13, 2003, with a copy to Mack Cutchin (also with the ASLBP, email address: JMC3@nrc.gov) by the same time.
- 3. The Board asked the parties to brief, prior to oral argument, various issues relating to the admissibility of the amended contention. These briefs shall be filed no later than February 7, 2003, and responses to each others briefs shall be filed no later than February 12, 2003. The parties shall address the following issues in their brief and responses:
- a. mootness and/or viability of the various parts of the amended contention in light of CLI-02-28, and, as indicated therein, whether any issues may have been cured by the Staffs draft and final SEISs, see CLI-02-28, slip op. at 17-18;
- b. whether the various parts of the amended contention were timely filed or could have been raised earlier with sufficient care on the part of the Intervenors in examining publicly available documentary material, see CLI-02-28, slip op. at 18-20, in light of any ambiguity and confusion surrounding certain issues, see id. at 16, and any related scope issues, see id. at 19;
- c. reasons for any departures from recognized NRC guidance documents with regard to any parts of the amended contention; and
- d. any other issues arising out of CLI-02-28 or that would otherwise be relevant.
During oral argument, which may be more extensive on parts 5 through 8 of Amended Contention 2 since argument on these parts has not yet been heard, the parties should be prepared to address all parts of the amended contention with regard to the issues described in paragraphs 3.a and 3.b, and, as applicable, 3.c.
- 4. All parties agreed that any discovery matters, see CLI-02-28, slip op. at 20-23, would most appropriately be resolved after the Board rules on the Intervenors Amended Contention 2.
It is so ORDERED.
FOR THE ATOMIC SAFETY 1
AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland February 4, 2003 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 (RULING ON DUKE MOTION TO DISMISS, SETTING BRIEFING DEADLINES, AND SCHEDULING ORAL ARGUMENT ON AMENDED CONTENTION 2) 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 (RULING ON DUKE MOTION TO DISMISS, SETTING BRIEFING DEADLINES, AND SCHEDULING ORAL ARGUMENT ON AMENDED CONTENTION 2)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Legal Department Winston & Strawn Duke Energy Corporation 1400 L Street, NW 526 S. Church Street (EC11X)
Washington, DC 20005 P.O. Box 1006 Charlotte, NC 28201-1006 Paul Gunter Diane Curran, Esq.
Nuclear Information and Resource Service Harmon, Curran, Spielberg 1424 16th St., NW & Eisenberg, L.L.P.
Washington, DC 20026 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 4th day of February 2003