ML032830561

Order (Confirming Matters Addressed at October 10, 2003, Telephone Conference)

ML032830561
Person / Time
Site:	Catawba   (NPF-035, NPF-052)
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 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 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 1Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.

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 AND LICENSING BOARD1

/RA/

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 10, 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 (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 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 (CONFIRMING MATTERS ADDRESSED AT OCTOBER 10, 2003, TELEPHONE CONFERENCE)

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 Adria T. Byrdsong]

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