ML033030468
| ML033030468 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 10/23/2003 |
| From: | Patton A Neal R. Gross & Co. |
| To: | Office of Nuclear Reactor Regulation |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, NRC-1148, RAS 6956 | |
| Download: ML033030468 (26) | |
Text
'wAs i:0 bg6 Official Transcript of Proceedings-NUCLEAR REGULATORY COMMISSION
..~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Title:
..Duke Energy Corporation Catawba Nuclear Station,. Units 1 & 2 Teleconference DocketNumber 5I Docket Number:
50-413-OLA and 50-414-OLA Location:
(telephone conference)
DOCKETED USNRC October 29, 2003 (3:34PM)
-OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Date:
Thursday, October
. ~ ~
. 23, 2003 Ns Work Order No.:
NRC-1 148 Pages 47-70 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.,
Washington, D.C. 20005 (202) 234-4433 I r.
3 r esplts seyf-03x
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL LICENSING RENEWAL TELEPHONE CONFERENCE CALL l1 IN THE MATTER OF DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 & 2) 11 ll Docket Nos.
ll 50-413-OLA ll 50-414-OLA II
- Thursday, October 23, 2003 The above-entitled matter came on for hearing, pursuant to notice, at 10:00 a.m.
BEFORE:
THE HONORABLE ANN MARSHALL YOUNG, Chair THE HONORABLE ANTHONY BARATTA THE HONORABLE THOMAS ELLEMAN NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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APPEARANCES:
2 On Behalf of the Licensee. Duke EnerQv Corp.:
3 DAVID A. REPKA, ESQ.
4 ANNE W. COTTINGHAM, ESQ.
5 of:
Winston & Strawn 6
1400 L Street, N.W.; Suite 800 7
Washington, D.C.
20005 8
202/371-5700 9
AND 10 LISA F. VAUGHN, ESQ.
11 SKIP COPP, ESQ.
12 ROBERT GILL, ESQ.
13 ROSE CUMMINGS, ESQ.
14 STEVE NESBIT, ESQ.
15 Duke Energy Corporation 16 422 South Church Street 17 Charlotte, NC 28202 18 On Behalf of the Nuclear Regulatorv Commission 19 Staff:
SUSAN L. UTTAL, ESQ.
20 ANTONIO FERNANDEZ, ESQ.
21 KATHLEEN A. KANNLER, ESQ.
22 Nuclear Regulatory Commission 23 Office of the General Counsel 24 Mail Stop-0-14D21 25 Washington, D.C.
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On Behalf of Petitioner Blue Ridge Environmental 2
Defense League:
3 DIANE CURRAN, ESQ.
4 EDWIN LIMAN, ESQ.
5 Harmon, Curran, Speilberg & Eisenberg 6
Suite 600 7
1726 M Street 8
Washington, D.C.
20036 9
On Behalf of Petitioner Nuclear Information and 10 Resource Service:
11 PAUL GUNTER, Southeast Office 12 Nuclear Information and Resource Service 13 729 Haywood Road, 1-A 14 P.O. Box 7586 15 Asheville, NC 28802 16 ALSO PRESENT:
17 Bob Martin, Project Manager 18 Bernard Stapleton, Office of Nuclear Security 19 and Incident Response 20 Cheryl Stone, Office of Nuclear Security and 21 Incident Response 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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P-R-O-C-E-E-D I-N-G-S 2
(10:06 a.m.)
3 JUDGE YOUNG:
This is Judge Young.
Why 4
don't we have everyone introduce themselves for the 5
record.
6 MR.
FERNANDEZ:
Your Honor, this is 7
Antonio Fernandez for the staff. I also have with me 8
Susan Uttal, counsel for the staff; Kathleen Kannler, 9
counsel for the staff; Robert Martin, Project Manager, 10 NRR; Bernard Stapleton, Information Security 11 Specialist, from the Office of the Nuclear Security 12 and Incidence Response; and Cheryl Stone, Section 13 Chief, in the Fuel Cycle and Special Program Section, 14 in the Office of Nuclear Security and Incidence 15 Response.
16 JUDGE YOUNG:
Thank you.
Let's see, Mr.
17 Cottingham and Mr. Repka.
18 MR. REPKA:
Yes, this is Dave Repka, and 19 I am in Charlotte, North Carolina, with Ms. Lisa 20 Vaughn, and also with me are a number of individuals 21 associated with the Duke MOX team, including Mr. Steve 22 Nesbit, Mr. Skip Copp, Mr. Robert Gill, and Ms. Rose 23 Cummings.
24 And then on a
separate line from 25 Washington is Ms. Anne Cottingham, who is counsel for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Duke as well.
2 JUDGE YOUNG:
Thank you. And let's see, 3
Ms. Curran.
4 MS. CURRAN: This is Diane Curran for Blue 5
Ridge Environmental Defense League, and I believe that 6
Dr. Liman is also on the phone.
7 DR. LIMAN:
Yes.
8 JUDGE YOUNG: And Mr. Gunter.
9 MR.
GUNTER:
- Yes, Paul Gunter, with 10 Nuclear Information and Resource Service, and I will 11 be standing in for Mary Olsen, also with NIRS.
12 JUDGE YOUNG: Thank you.
Is there anyone 13 else present who has not identified themselves? Thank 14 you. All right. Depending upon what the parties have 15 to tell us, we don't expect this conference to take 16 very long.
17 And before we move into security related 18 issues, just to sort of make sure that we are on track 19 on the non-security issues, we have received the 20 supplemental petition from both BREDL and NIRS, and 21 also someone in my office received a call yesterday 22 from Utah about the November 11th deadline for the 23 responses, pointing out that November 11th is a 24 holiday for the Federal Government.
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to have that moved forward a day, or however you want 2
to deal with that.
You can make a request now if you 3
would like.
4 MS. CURRAN:
Well, Judge, I was just 5
calling to point it out. I believe that the rules say 6
if it falls on a holiday, it would be due the next 7
day.
I plan to get it in before that.
8 JUDGE YOUNG:
Okay.
So no problem then?
9 MS. CURRAN:
No, I have no problem right 10 now.
I am calling for informational purposes only.
11 JUDGE YOUNG:
All right.
12 MR.
REPKA:
Judge, this is Dave Repka.
i3 Let me just say something about that.
Certainly we 14 would plan to file on the 11th, and have no problem 15 with that date, and certainly we can do the electronic 16 filing.
17 The only problem that I foresee would be 18 with respect to the conforming service, and I would 19 assume that there is no postal delivery on that day, 20 and we could put it in the post and I am not sure 21 whether it would carry the November 11th postmark, or 22 go over to the 12th, or what.
23 But from our perspective, we plan to make 24 an electronic filing by the deadline, which I think 25 the electronic filing is midnight on the 11th.
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with the understanding that if we can't get it into 2
the mail to the next day with a conforming copy.
3 JUDGE YOUNG:
That sounds fine.
Does 4
anyone have any objections?
No?
All right.
That 5
should be fine.
Judge Baratta, do you want to go 6
ahead with the security issues?
7 JUDGE BARATTA:
Yes.
I was looking 8
through the various documents that we received, and I 9
noted a couple of things.
First off, I am concerned 10 that we realize that the proceedings are really or 11 cannot be concluded until of course we address the 12 security issue.
13 And therefore we are essentially in a day 14 for day slippage because of the uncertainty over the 15 appropriate treatment of material, whether it be 16 placards or --
and I noted that in the motion for a 17 protective order that it was mentioned that there was 18 some sort of exemption requested to Parts 11 and 73 19 related to security.
20 And ny question was if that was the case, 21 why did we wait until this telephone time to realize 22 that --
23 JUDGE YOUNG:
Excuse me, Judge Baratta, 24 but you are fading in and out.
25 JUDGE BARATTA:
Thanks.
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better? Thank you.
My concern is again that we are 2
in a day-for-day slippage on resolving this issue 3
because of the security issue, and I was trying to 4
determine if the staff and the applicant had --
and 5
because there was a mention of an exemption request to 6
Parts 11 and 73, if there was --
that at that point 7
why wasn't this raised earlier because of this 8
slippage that we are experiencing now. Does the staff 9
want to comment on that?
10 MR. FERNANDEZ: I don't think we have any 11 comment about that, Your Honor.
12 JUDGE BARATTA:
Okay.
Does Duke wish to 13 comment on that?
14 MR. REPKA:
Yes.
This is David Repka.
15 Just a brief comment.
First, I want the record to be 16 very clear that Duke did make every effort to address 17 this issue earlier.
In fact, many times we had 18 requested that the NRC staff meet to confer on the 19 issues raised by the exemption and other security 20 related matters.
21 In addition, with respect to the motion 22 for a protective order, I think that should have been 23 very clear on the face of that motion that Duke had 24 conferred with the NRC staff prior to that filing, and 25 it was certainly our understanding at the time that it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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was filed that it was the staff's position that the 2
protective order would be sufficient to meet all NRC 3
requirements.
4 The first that we heard that there would 5
be a problem was on the call, the call in which that 6
matter was discussed.
So we are not in the game of 7
assigning blame, but we do want the record to 8
accurately reflect what transpired here.
9 And in that regard, we were a little 10 concerned that the characterization in the Board's 11 last order which addressed the reason for the delay on 12 security matters.
13 I think we simply want the record to be 14 very clear that we have made every effort to address 15 these questions in a timely fashion, even before the 16 request was filed.
17 JUDGE BARATTA: Okay.
Thank you for that 18 point.
Again, I am not trying to assign blame.
I 19 just want to get to the next point, which is that in 20 order for us to meet the December 5th date, and are 21 there any steps that can be identified that are in the 22 process and we can obtain a sort of commitment date on 23 when those steps will be taken so that the court can 24 more or less chart or monitor the progress to 25 hopefully help in achieving that December 5th date.
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The question I guess is more for the 2
staff, and if anyone has any comments.
3 MR.
FERNANDEZ:
Your Honor, this is 4
Antonio Fernandez from the staff.
At this point in 5
time the staff believes that its internal process will 6
follow its course and at the time that a decision is 7
reached by the staff, it will be communicated by the 8
Board, or it will be communicated to the Board.
9 And we in that process don't foresee 10 needing any assistance from the board in helping the 11 staff achieve its goals of delivering an opinion to 12 the board on or about December 5th.
13 JUDGE YOUNG:
This is Judge Young.
One 14 thing that I would just add is that I think that the -
15 and just to emphasize something that we as a board 16 feel fairly strongly about, and that is that we do 17 need to move this along in a timely fashion, and in 1
order to do that, whenever the parties try to work out 19 agreements between themselves, I think it really is 20 sort of incumbent on whatever parties are involved in 21 that to make sure that there are no ambiguities that 22 can come back and bite us later, because I think we 23 all have the same interests in moving things along as 24 efficiently as possible, while at the same time not 25 ignoring any issues that are needed.
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1 And I think the Board --
and I think I can 2
speak for all of us, that we are keenly aware of the 3
need to be alert to any security issues, and welcome 4
the security assistance here.
5 And if you should be able to report 6
anything to us earlier that would be helpful to us in 7
terms of planning. Another thing that we would like 8
to ask is that when we are in Charlotte for oral 9
arguments on the non-security issues that if we could 10 have someone there who will be able to help us be 11 alert in the event that anything arises that we need 12 to be careful about.
13 We are attorneys, some of us, and whatever 14 assistance we can get, we appreciate.
While at the 15 same time of course recognizing that all parties can 16 make whatever arguments that you want to make on the 17 issues that do arise.
18 Just a question before we move on. We did 19 talk last time about starting the process to get 20 screenings done so that assuming we don't get into the 21 Category I issue, at least the screening that is 22 necessary for safeguards I think was the level that we 23 were talking about.
24 At least those are sort of on track. Have 25 Duke and the --
well, I don't know --
well, is NIRS NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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wanting to get involved int he security issues?
2 MR. GUNTER: Mary Olson has expressed that 3
she will not seek screenings for the safeguards.
4 JUDGE YOUNG: And does that apply to you 5
as well?
6 MR. GUNTER:
Yes, Ma'am.
7 JUDGE YOUNG:
Okay.
Then really we are 8
talking about Duke and BREDL.
Do you all have those 9
things sort of started up, and moving along so that 10 once we hear from the staff, or sooner if we are able, 11 on the security issues?
12 MR. REPKA:
This is Dave Repka for Duke.
13 With respect to safeguard level clearance, yes, we are 14 looking into that process and pursuing that process.
15 With respect to if we needed to go to a higher level 16 of L clearance, the technical people at Duke, Mr.
17 Nesbit and Mr. Copp, are already L cleared, and so we 18 have that much already accomplished.
19 MS. CURRAN:
Judge Young, this is Diane 20 Curran.
Dr Liman and I have applied for Level L 21 clearances, and we also have these fingerprint forms 22 for our secretaries and I just need to prepare them 23 and send them in.
I guess I talked to Mr. Fernandez 24 about how to submit those.
25 JUDGE YOUNG:
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helped us on that last time.
Was that right?
2 MR. FERNANDEZ: Yes, the staff had talked 3
to Ms. Stone about that.
4 JUDGE YOUNG:
Do we need to get things 5
clarified or can that be done outside the context?
6 MR. FERNANDEZ: Well, at the present time 7
we have not received anything in this proceeding with 8
regards to Mr. Liman and Ms. Curran.
9 MS. CURRAN:
Well, it is in a different 10 proceeding, but I would assume that the clearance 11 would apply.
12 MR. FERNANDEZ:
Yes, once the clearances 13 are granted, if they are granted, you would have to go 14 on to establish whether the parties have identified an 15 appropriate need to know the information. We are not 16 there yet.
As far as I know the clearances have not 17 been granted.
18 MS. CURRAN:
Right.
But they have not 19 been denied.
They are pending.
20 MR. FERNANDEZ:
Right.
21 JUDGE BARATTA:
This is Judge Baratta.
22 Ms. Curran, I would suggest that you also initiate the 23 process for the background check for the safeguards 24 material, because while your clearance does involve 25 many of the same steps, that clearance could possibly NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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not come for a couple of months.
2 But with the fingerprinting, I guess you 3
have to submit them, and I think that Mr. Stapleton or 4
Ms. Stone can probably clarify that.
But I would 5
encourage you to do that separately as if the L 6
clearance was not even going on.
7 MS. CURRAN:
Okay.
That sounds like a 8
good idea and I will.
9 JUDGE YOUNG:
Ms. Stone, did you tell us 10 last time that --
and I think you said that once the 11 fingerprints got in that you thought that would be 12 about a week's turnaround?
Are we still on that 13 schedule?
14 MS. STONE:
Yes, Judge, that's correct.
15 JUDGE YOUNG: Thanks a lot. And is there 16 anything else that needs to be done?
17 MS. STONE: As far as the fingerprints are 18 concerned you mean?
19 JUDGE YOUNG:
As far as the safeguards 20 people.
21 MS. STONE:
Right.
Just submitting the 22 fingerprints, and then it will take us about a week to 23 get the responses back.
24 JUDGE YOUNG:
Okay.
Great.
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for the safeguards.
2 JUDGE YOUNG:
So I think that it sounds 3
like everybody is on track on that.
Does the staff, 4
Mr. Stapleton and Ms. Stone, I think that Mr. Martin 5
is not a security person; am I right or am I wrong?
6 MS. STONE:
That is correct.
He is a 7
project manager for this license amendment.
8 JUDGE YOUNG:
Okay.
Is there any other 9
updates or information that Ms. Stone or Mr. Stapleton 10 want to be aware of?
11 MR. FERNANDEZ: Your Honor, the one thing 12 that we wanted to add was that we are trying to get to 13 the board as soon as possible the information that the 14 board had requested with regards to the handling of is safeguards and classified information.
16 JUDGE YOUNG:
Anything else on security 17 issues from the security people or any other parties?
18 MR. FERNANDEZ:
No, Your Honor.
19 MR. REPKA:
Not from Duke.
20 MS. CURRAN:
Not from BREDL.
21 JUDGE YOUNG:
Okay.
I have separately 22 talked with or made a request I guess to Cynthia 23 Harbaugh, who generally helps us with security at 24 hearings, such as we will be having in Charlotte, and 25 so I am assuming that we will have some form of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 security there.
2 I am not sure exactly what that will be.
3 If we learn that it is anything out of the ordinary, 4
we will notify people. But the issues we expect to be 5
addressed on security issues, it shouldn't be outside 6
the ordinary type of security that would be at any NRC 7
hearing.
8 We will be in the same courtroom as we 9
were on the other Duke case.
I don't know how many 10 people are expected to be there, but it seemed like 11 the audience section there was large enough to 12 accommodate a fair number. Any other security issues 13 that we need to address?
14 MR. REPKA:
This is Dave Repka. I have a 15 question on security that comes up from the staff 16 here, and that is with respect to nuclear clearances 17 that Duke personnel have there.
L Clearance is from 18 DOE, and I guess there is a clarification needed from 19 the NRC as to whether or not that is equivalent to an 20 NRC L clearance, or whether some further equivalency 21 process needs to be followed.
22 I don't think we need an answer to that 23 today, but that is the question that does arise in the 24 security arena.
25 JUDGE YOUNG: I guess one other question -
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JUDGE BARATTA:
This is Judge Baratta.
3 Could we get someone from --
Mr. Stapleton, I guess, 4
could you agree to --
and maybe not today, but at some 5
time in the near future, respond to Mr. Repka's 6
question there, or somebody in that office?
7 MR. FERNANDEZ: Your Honor, it wouldn't be 8
Mr. Stapleton. I think it would probably be Ms. Stone 9
that would be responding to that and I think that she 10 may have something to add.
11 MS.
STONE:
Yes.
As long as the 12 investigation is current within 5 years, and they have 13 done the appropriate investigation that the NRC 14 requires, the L clearances are reciprocally accepted 15 between the government agencies.
16 JUDGE BARATTA:
And what does Mr. Repka 17 need to do then to --
18 MR. FERNANDEZ: We lost that, Your Honor.
19 We didn't hear you.
20 JUDGE BARATTA:
What does Mr. Repka need 21 to do to have you confirm that they are okay?
22 MS.
STONE:
He can send a visit 23 certification, or have DOE send a visit certification 24 form over to our security office and that way we can-25 verify his clearance, and we do accept DOE visit NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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certification forms.
2 JUDGE BARATTA:
Okay.
Thank you.
3 JUDGE YOUNG: Just one other question. It 4
occurred to me, Mr. Fernandez, that when you were 5
talking earlier that you mentioned the issue of the 6
need to know, and I guess that might be a good thing 7
to talk about on how that determination is made.
8 I think that we were proceeding on the 9
assumption that information related to this hearing, 10 depending upon the level, would be the kind of thing 11 that we would generally think there would be a need to 12 know, within the context of this proceeding. When you 13 made reference to that were you making reference to 14 some other determination?
15 MR.
FERNANDEZ:
Your Honor, this is 16 Antonio Fernandez.
If the intervenors, or the 17 petitioners in this case, were to seek information 18 from us or the applicant, at that point in time the 19 holders of the protected information were required by 20 the regulations to look at their request and determine 21 whether that particular piece of information is 22 something that they have a need to know.
23 Those obligations are imposed by Part 73, 24 and that is independent of the trustworthiness review 25 that these are people that should receive that type of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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information.
2 JUDGE YOUNG: Which section of 73 are you 3
talking about?
4 JUDGE BARATTA:
Part 73.
5 JUDGE YOUNG: Yes, Part 73 are you talking 6
about?
7 MR. FERNANDEZ:
I think it is --
hold on 8
one second.
9 (Brief Pause.)
10 MR. FERNANDEZ:
Your Honor, if you go to 11 73.21, and you go to (c) (1) (i),
or (c) (1), I'm sorry, 12 access to safeguard information, it says, "Except as 13 the commission may otherwise authorize, no person may 14 have access to safeguards information unless the 15 person has an established need to know." And if you 16 go to 73.2, need to know is defined.
17 JUDGE YOUNG: What I was trying to get at 18 was the message of determination, and really there is 19 no issue unless there is disagreement between the 20 parties.
21 If there are any issues that arise in that 22 vain, such as any of the parties are in disagreement, 23 we encourage you to bring those to us as soon as 24 possible.
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Judge Young, this is Diane NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Curran.
I am trying to find the regulation, but I 2
think that there is a regulation in Part 2 that speaks 3
to this, and I just can't find it right now, but I 4
certainly would be happy to send it to you, because I 5
looked at this in the MOX case, and the licensing 6
board does get involved.
7 JUDGE YOUNG:
And 2.44 talks about the 8
presiding officers, and that was a section under which 9
the action was submitted to us.
In any event the 10 point being made is bring any and all Duke such issues 11 to us sooner rather than obviously later.
12 (Discussion off the record.)
13 JUDGE YOUNG: What I was saying is that he 14 main point that we want to make here is of course try 15 to work out all of these things among yourselves as 16 much as possible.
If any disputes arise and you are 17 not making progress between yourselves, and you need 18 our intervention, please bring those to our attention 19 as soon as possible.
20 And we are moving into the holiday season, 21 and I don't know what the schedules are, but we want 22 to ensure that we try to catch any of these issues 23 sooner rather than later is the point that I was 24 making. Judge Baratta, did you have anything to add, 25 or Judge Elleman?
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JUDGE BARATTA:
Judge Young, I have 2
nothing to add.
3 JUDGE ELLEMAN:
Judge Young, I have 4
nothing to add.
5 JUDGE YOUNG: All right. Are there other 6
issues where it would be helpful to discuss today? I 7
have just been taking notes, and I don't think 8
anything else is called for by the order at this 9
point. Anything that anyone wants to add to day that 10 would be of assistance to the parties or to us?
11 DR. LIMAN:
This is Ed Liman, and can I 12 say something?
13 JUDGE YOUNG: Go ahead.
14 DR. LIMAN: I would just like to make the 15 point that I think BREDL, or at least I would be very 16 surprised if this proceeding didn't involve classified 17 information, because we do know that the Category I 18 design basis threat is classified, and that is the 19 reason why we sought a security clearance in the MOX 20 fabrication plant case.
21 So I am actually not sure why it is going 22 to take the staff so long to make this determination, 23 but we would expect and anticipate that a security 24 clearance would be required.
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assume that everyone is moving with --
we will assume 2
that everyone is moving as expeditiously as possible 3
on all these issues.
4 Okay then, with regard to the non-security 5
issues, everyone is on track.
Absent something 6
arising before that time, we will see you on December 7
3rd in Charlotte, and should we have any additional 8
information that we need to share with you about that, 9
we will send that to you.
10 I know as I said that I had mentioned to 11 Ms. Harbaugh and had raised with her the issue of 12 security for the actual hearing.
Does the staff 13 intend to have someone there in addition to sort of 14 keep us on --
to be alert to whether any security 15 information pops us that we need to watch for?
16 MR.
FERNANDEZ:
Your Honor, this is 17 Antonio Fernandez for the staff.
We had not 18 previously anticipated asking a member of the security 19 organization to be at the proceedings since there 20 wasn't go to be --
I mean, we had anticipated that 21 security issues were not going to be involved in the 22 prehearing conference.
23 If the Board so requests, we will endeavor 24 to make somebody available during that time.
25 JUDGE BARATTA:
This is Judge Baratta.
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69 1
The Board is concerned that we may inadvertently stray 2
into those areas, and would suggest that it might be 3
desirable to have somebody there to advise if the 4
proceedings are headed that way so that we can change 5
course and avoid any problems.
6 So I think if it is acceptable to Judge 7
Young and Judge Elleman that we would probably take 8
you up on your proposal to have someone there.
9 JUDGE YOUNG: That would be acceptable to 10 me.
This is Judge Young.
11 JUDGE ELLEMAN:
- Yes, this is Judge 12 Elleman, and I think our problem is that we do not 13 know what the boundaries are between safeguards and 14 non-safeguards issues, and that is where we are going 15 to need the help.
16 MR. FERNANDEZ:
Your Honor, given your 17 request, I will communicate with my clients and I will 18 let them know that the board has requested that a 19 member of the security organization be there, and I 20 anticipate that they will one person or persons 21 available.
22 JUDGE YOUNG:
Thank you.
I guess one 23 other question that we were sort of wondering, and I 24 don't know that there is any connection to the 25 December 5th date following one day after our NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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70 1
preheating conference, I guess we were wondering 2
whether there was any connection between those two.
3 Maybe not.
4 MR. FERNANDEZ:
I don't think so, Your 5
Honor.
6 JUDGE YOUNG:
Okay.
Thank you.
Judge 7
Baratta or Judge Elleman, are there any other subjects 8
to discuss with the participants?
9 JUDGE ELLEMAN:
I have none.
10 JUDGE YOUNG: And do the parties have any 11 issues that they would like to raise with us?
12 MS. CURRAN: None from BREDL.
13 MR. GUNTER:
Not from NIRS.
14 MR. REPKA:
Nothing from Duke.
15 MS. STONE:
Nothing from the staff.
16 JUDGE YOUNG:
Thank you all very much.
17 Judge Elleman, if you could stay on the line after 18 everyone else hangs up.
Thank you, everyone.
19 (Whereupon, at 10:39 a.m., the conference 20 call was concluded.)
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CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding: Duke Energy Corporation Catawba Nuclear Station, Units 1 and 2 Docket Number:
50-413-OLA and 50-414-OLA Location:
Telephone conference were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings.
Alex Patton Official Reporter Neal R. Gross & Co., Inc.
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