ML033250459
| ML033250459 | |
| Person / Time | |
|---|---|
| Site: | Catawba  (NPF-035, NPF-052) |
| Issue date: | 11/20/2003 |
| 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 7072 | |
| Download: ML033250459 (4) | |
Text
1This proceeding involves Duke Energy Corporations (Dukes) February 2003 application to amend the operating license for its Catawba Nuclear Station to allow the use of four mixed oxide (MOX) lead assemblies at the station; Petitioners Nuclear Information and Resource Service (NIRS) and Blue Ridge Environmental Defense League (BREDL) in August 2003 filed petitions to intervene and requests for hearing in response to a July 2003 Federal Register notice concerning this application. See 68 Fed. Reg. 44,107 (July 25, 2003).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7072 DOCKETED 11/20/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 11/20/03 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 November 20, 2003 ORDER (Regarding Provision of LAR and Other Documents, and Conduct of Oral Argument)
In preparation for oral argument in this proceeding,1 the Board asks that Applicant Duke Energy Corporation provide a paper copy of its License Amendment Request (LAR) (including the Environmental Report as well as all attachments), and its September 23, 2003, submittal limiting its request to Catawba, to each member of the Board, to be received no later than Monday, November 24, 2003. In addition, the Board notes that, although it has obtained copies of most documents cited by the participants for which ADAMS accession numbers are provided, and has access to other NRC documents such as NUREGs and Regulatory Guides, if any participant wishes the Board to consider additional documents they have cited, such as those in the following list, the participant should arrange for such documents to be provided to the members of the Licensing Board: DOEs SPDEIS and PEIS (or at least portions thereof that are asserted to be relevant and, if either contains classified or Safeguards information, that are 2Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
not classified or Safeguards, at this point); the 558-page Staff Evaluation with ADAMS Accession No. ML003686365; Dukes August 7, 2003, response to NRC Bulletin 2003-01; any Nuclear Weapons and Materials Monitor articles; any portions of DOEs October 1, 2003, export license application, apart from the 2-page letter, Form 7 and a 2-page attachment to Form 7, if any additional such material exists; the Ginna license amendment for use of MOX fuel; D.F. Wilson et al, Behavior of Zircaloy Cladding in the Presence of Gallium; Panel on Reactor-Related Options for the Disposition of Excess Weapons Plutonium, Committee on International Security and Arms Control, Management and Disposition of Excess Weapons Plutonium: Reactor-Related Options.
In addition, the Board directs: the petitioners to be prepared, in their oral argument, to focus on issues presented in the Staffs and Dukes responses to their contentions; the Staff and Duke to be prepared to focus their oral responses on the oral arguments made by the petitioners; and all participants to be prepared to respond to questions of Board members on all issues. The Board may, in addition, prior to or at the beginning of oral argument, structure the proceedings so that argument is heard in an order tied to groupings of related issues, in the interest of efficiency. If the parties have any suggestions on the order of argument, they may file these at any time prior to November 27, 2003.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD2
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland November 20, 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 (REGARDING PROVISION OF LAR AND OTHER DOCUMENTS, AND CONDUCT OF ORAL ARGUMENT) 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 (REGARDING PROVISION OF LAR AND OTHER DOCUMENTS, AND CONDUCT OF ORAL ARGUMENT)
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 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 20th day of November 2003