ML032750062
| ML032750062 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 09/24/2003 |
| From: | Cottingham A Winston & Strawn, LLP |
| To: | Anthony Baratta, Elleman T, Austin Young Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-369-OLA, 50-370-OLA, 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 6862 | |
| Download: ML032750062 (6) | |
Text
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EerCy off 311.55S-5600 s 11-09700 a 3-015-3700 41G-5I-I000 41-52-317*76-70 33d-53-e4*67 44-t7153-1025 DOCKETED USNRC September 30, 2003 (2:23PM)
September 24, 2003 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Ann Marshall Young, Chairman Anthony J. Baratta Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Thomas S. Elleman Administrative Judge 5207 Creedmoor Road # 101 Raleigh, N.C. 27612 Re:
In the Matter of Duke Energy Corporation McGuire Nuclear Station, Units 1 and 2 Catawba Nuclear Station, Units 1 and 2 Docket Nos. 50-369-OLA, 50-370-OLA, 50-413-OLA, 50-414-OLA
Dear Administrative Judges:
Attached for the information of the Licensing Board and petitioners in this matter is a copy of a September 23, 2003 letter filed yesterday by Duke Energy Corporation with the U.S. Nuclear Regulatory Commission, relating to Duke's mixed oxide (MOX) fuel lead assembly license amendment application. Duke's September 23 letter amends its February 27, 2003 license and Technical Specification amendment request to limit that request to the use of MOX fuel lead assemblies at Duke's Catawba Nuclear Station.
Sincerely, Anne W. Cottingham Counsel for Duke Energy Corporation cc:
Service List (w/Enclosure)
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2)
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Docket Nos.
50-369-OLA 50-370-OLA 50-413-OLA 50-414-OLA CERTIFICATE OF SERVICE I hereby certify that copies of the September 24, 2003 letter to the Atomic Safety and Licensing Board in the captioned proceeding, and copies of the September 23, 2003 Duke Energy Corporation submittal to the NRC referenced in that letter, have been served on the following by deposit in the United States mail, first class, this 24th day of September, 2003.
Additional e-mail service, designated by **, has been made this same day, as shown below.
Ann Marshall Young, Chairman**
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY~nrc.gov)
Thomas S. Elleman**
Administrative Judge 5207 Creedmoor Road, #101 Raleigh, NC 27612 (e-mail: ellemaneeos.ncsu.edu)
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555 Anthony J. Baratta**
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AJB5@nrc.gov)
Office of the Secretary **
U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (original + two copies)
(e-mail: HEARINGDOCKET~nrc.gov)
Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
N Susan L. Uttal, Esq. **
Antonio Fernandez, Esq. **
Kathleen A. Kannler, Esq.**
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: sluenrc.gov)
(e-mail: axf2(nrc.gov)
(e-mail: kaklnrc.gov)
Mary Olson **
Director, Southeast Office Nuclear Information and Resource Service P.O. Box 7586 Asheville, NC 28802 (e-mail: nirs.seemindspring.com)
Diane Curran *
- Harmon, Curran, Spielberg &
Eisenberg, LLP 1726 M Street, N.W.
Suite 600 Washington, DC 20036 (e-mail: dcurran(harmoncurran.com)
Anne W. Cottingha Counsel for Duke Energy Corporation 2
DC:3249072
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MICHAEL S.
TUCKMAN C S§oweto Executive Vice President A Duke Energy Company Nuclear Generation Duke Power P.O. Box 1006 Charlotte, NC 28201-ZO06 Mailing Address:
526 South Church Street Charlotte, NC 28202 704 382 2200 September 23, 2003 704 382 4360 fax U. S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001
Subject:
Catawba Nuclear Station Units 1 & 2, Docket Nos. 50-413, 50-414 McGuire Nuclear Station Units I & 2, Docket Nos. 50-369, 50-370 Mixed Oxide Fuel Lead Assembly License Amendment Request (TAC Nos. MB7863, MB7864, MB7865, and MB7866)
Re:
M.S. Tuckman letter dated February 27, 2003 to U.S. Nuclear Regulatory Commission, Proposed Amendments to the Facility Operating License and Technical Specifications to Allow Insertion of Mixed Oxide (MOX) Fuel Lead Assemblies and Request for Exemption from Certain Regulations in 10 CFR Part 50 In the referenced letter, Duke Energy (Duke) requested a change to the licenses and Technical Specifications for McGuire Nuclear Station (McGuire) and Catawba Nuclear Station (Catawba) to allow the use of four mixed oxide (MOX) fuel assemblies in a McGuire or Catawba reactor.
Duke has always intended to insert the four MOX fuel lead assemblies at only one of the four units, with the selection depending on unit operational schedules and the timing of availability of the lead assemblies. The request to amend all four licenses was made because of schedule uncertainty at the time the amendment requests were submitted to the Nuclear Regulatory Commission (NRC). This approach provided the most flexibility in adapting to changing circumstances with regard to fabrication of the MOX fuel lead assemblies.
Duke now intends to focus the MOX fuel lead assembly program solely on Catawba. The Department of Energy (DOE) and Duke Cogema Stone & Webster (DCS) recently made preliminary manufacturing arrangements for the MOX fuel lead assemblies. The fabrication schedule should support providing lead assemblies to Duke in the spring of 2005. Therefore, Duke has selected Catawba Unit 1 Cycle 16, with a late spring 2005 startup date, for insertion of the four MOX fuel lead assemblies. Catawba Unit 2 will remain as an alternative should the schedule change. Concentrating the regulatory review of the MOX fuel lead assembly license amendment request on one station (Catawba) instead of two (McGuire and Catawba) will enable Duke and the NRC to use the resources of both organizations in the most efficient manner.
Accordingly, Duke hereby amends the February 27, 2003 license and Technical Specification amendment request to apply only to the use of MOX fuel lead assemblies at the Catawba units, www.duke-energy. com
U. S. Nuclear Regulatory Commission September 23, 2003 Page 2 and not the McGuire units. With this change, Attachment 1 to Duke's February 27, 2003 submittal (marked up copy of the current McGuire Tech Specs) is no longer applicable. (marked up copy of the current Catawba Tech Specs) is unaffected. Attachment 3 (technical justification), Attachment 4 (no significant hazards consideration analysis) and (environmental consequences) are predominantly generic in nature and therefore are not affected in a substantive way by the limitation to Catawba. Attachment 6 (exemption requests) should now apply to Catawba only.
On September 15, 2003 Duke submitted proposed Security Plan changes and associated exemption requests to the NRC to address the possession and use of MOX fuel assemblies at both McGuire and Catawba. The proposed Security Plan changes would apply to both the MOX fuel lead assembly program (at Catawba) and eventual batch use of MOX fuel (at McGuire and Catawba). The proposed Security Plan changes therefore are equally applicable to both McGuire and Catawba and remain appropriate. The amendment of the MOX fuel lead assembly license amendment request to Catawba only does not affect the Security Plan submittal.
If there are any questions on this matter, please contact G. A. Copp at (704) 373-5620.
Very truly yours, M. S. Tuckman
U. S. Nuclear Regulatory Commission September 23, 2003 Page 3 cc:
L. A. Reyes U. S. Nuclear Regulatory Commission Regional Administrator, Region II Atlanta Federal Center 61 Forsyth St., SW, Suite 23T85 Atlanta, GA 30303 R. E. Martin (addressee only)
NRC Project Manager U. S. Nuclear Regulatory Commission Mail Stop 0-8G9 11555 Rockville Pike Rockville, MD 20852-2738 E. F. Guthrie Senior Resident Inspector U. S. Nuclear Regulatory Commission Catawba Nuclear Site J. B. Brady Senior Resident Inspector U. S. Nuclear Regulatory Commission McGuire Nuclear Site H. J. Porter Division of Radioactive Waste Management South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29207 Beverly 0. Hall, Section Chief Radiation Protection Section North Carolina Department of Environment and Natural Resources 1645 Mail Service Center Raleigh, NC 27699-1645