ML032740551

LB Order (Setting Prehearing Conference Dates and Location)

ML032740551
Person / Time
Site:	Catawba
Issue date:	10/01/2003
From:	Austin Young Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 6865
Download: ML032740551 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 6865 DOCKETED 10/01/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 10/01/03 Before Administrative Judges:

Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)

Docket Nos. 50-413-OLA, 50-414-OLA ASLBP No. 03-815-03-OLA October 1, 2003 ORDER (Setting Prehearing Conference Dates and Location)

In this Order the Licensing Board sets the dates and location for a prehearing conference in this proceeding, which, according to a September 24, 2003, filing of Duke Energy Corporation (Duke), at this point involves an application to amend the operating license for its Catawba Nuclear Station units by revising certain Technical Specifications (TSs) to allow the use of four mixed oxide (MOX) lead assemblies at the Catawba station. In response to Dukes original February 2003 application (which involved both the Catawba Station and the McGuire Nuclear Station, see 68 Fed. Reg. 44,107 (July 25, 2003)), prior to Dukes September amendment to the application, Petitioners Nuclear Information and Resource Service (NIRS) and Blue Ridge Environmental Defense League (BREDL) filed, on August 21 and 25, 2003, respectively, petitions to intervene and requests for hearing.

Based on availability of all participants and of a courtroom, the prehearing conference, at which the Licensing Board will hear oral argument on the Petitioners standing to participate in this proceeding and on the admissibility of their contentions, will be held on December 3-4, 2003, in Courtroom 2 of the U.S. Courthouse, 401 W. Trade Street, Charlotte, North Carolina, commencing at 9:00 a.m. each morning and continuing into the evening as required.

1Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.

It is noted that this date and location were set after, in an Order issued September 23, 2003, the Licensing Board offered the parties three dates on which the conference might be held, depending upon the availability of a court room and of all parties, November 13-14 and 24-25, and December 3-4, 2003; all participants were required to notify the Board in writing of their availability on these dates no later than September 30, 2003. On September 30, after hearing from both Petitioners and after ASLBP Staff had heard from personnel at the Federal Courthouse in Charlotte, the Chair of the Board notified all participants that the only dates the courthouse would be available were December 3 and 4, 2003, and suggested, given one participants indication that the only available dates for it were likewise December 3 and 4, 2003, that all participants focus on these dates with regard to their availability. Duke counsel subsequently indicated that they would be available on these dates, and Staff counsel as well responded, indicating that, because [counsel did] not yet have the proposed contentions, it

[was] difficult to accurately determine which NRC staff members will be needed for the pre-hearing conference[, but that w]ith that caveat, as of this date, December 3-4 is acceptable to the Staff. Staff counsel and all participants were subsequently advised via e-mail that the conference would be set for December 3-4, but that, if at a later time the Staff needs to request that the conference be rescheduled, this can be addressed at that time.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 1, 2003

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

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DUKE ENERGY CORPORATION

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Docket Nos. 50-413-OLA

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50-414-OLA Catawba Nuclear Station, Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (SETTING PREHEARING CONFERENCE DATES AND LOCATION) 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 Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612 Susan L. Uttal, Esq.

Antonio Fernández, Esq.

Kathleen A. Kannler, 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 Diane Curran, Esq.

Harmon, Curran, Spielberg

& Eisenberg, L.L.P.

1726 M Street, NW, Suite 600 Washington, DC 20036

2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (SETTING PREHEARING CONFERENCE DATES AND LOCATION)

David A. Repka, Esq.

Anne W. Cottingham, Esq.

Winston & Strawn LLP 1400 L Street, NW Washington, DC 20005 Lisa F. Vaughn, Esq.

Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201-1244

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 1st day of October 2003