ML032830561

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Order (Confirming Matters Addressed at October 10, 2003, Telephone Conference)
ML032830561
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 10/10/2003
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 6900
Download: ML032830561 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 6900 DOCKETED 10/10/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 10/10/03 Before Administrative Judges:

Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORATION ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) October 10, 2003 ORDER (Confirming Matters Addressed at October 10, 2003, Telephone Conference)

A telephone conference was held this date to address certain security issues in this proceeding, which involves a February 2003 application of Duke Energy Corporation (Duke) to amend the operating license for its Catawba Nuclear Station units to allow the use of four mixed oxide (MOX) lead assemblies at the station, and August 2003 petitions to intervene and requests for hearing filed by Petitioners Nuclear Information and Resource Service (NIRS) and Blue Ridge Environmental Defense League (BREDL) in response to a July 2003 Federal Register notice concerning the application. See 68 Fed. Reg. 44,107 (July 25, 2003). The following matters were addressed at this conference:

1. The schedule for filings and oral argument on all non-security-related issues will remain the same.
2. Staff counsel will, no later than October 15, 2003, notify the Board and all participants of when it expects to make a determination on the classification level of certain material.
3. If the determination in question will be made prior to October 23, 2003, another telephone conference will be held October 23, 2003, at 10:00 a.m. If the determination is not

expected to occur until October 23 or later, the next telephone conference will be held October 30, 2003, at 10:00 a.m. At the next conference, the issue of the degree and management of delay in the proceedings that will be occasioned by the Staffs determination will be addressed, as well as considerations relating to, among other things, the filing of pleadings relating to security issues, and the holding of oral argument on such issues. After a determination is made on which date to hold the telephone conference, additional information about connecting in to such conference will be provided.

4. Bernard Stapleton and/or other NRC Security personnel will, as soon as possible, provide, through counsel, a written statement of guidelines for handling protected materials, including issues relating to required safes, word processing, printing, and other equipment, as well as mailing and transmission issues, and any others, including any related to screening procedures, that would be helpful to the participants in this proceeding.

It is so ORDERED.

FOR THE ATOMIC SAFETY 1

AND LICENSING BOARD

/RA/

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 10, 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. 50-413-OLA

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

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CONFIRMING MATTERS ADDRESSED AT OCTOBER 10, 2003, TELEPHONE 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 Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Michael S. Tuckman, Executive Vice President Antonio Fernández, Esq. Nuclear Generation Kathleen A. Kannler, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop - O-15 D21 P.O. Box 1006 U.S. Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.

Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.

729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802

2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (CONFIRMING MATTERS ADDRESSED AT OCTOBER 10, 2003, TELEPHONE CONFERENCE)

David A. Repka, Esq. Lisa F. Vaughn, Esq.

Anne W. Cottingham, Esq. Duke Energy Corporation Winston & Strawn LLP Mail Code - PB05E 1400 L Street, NW 422 South Church Street Washington, DC 20005 P.O. Box 1244 Charlotte, NC 28201-1244

[Original signed by Adria T. Byrdsong]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 10th day of October 2003