ML033381226
| ML033381226 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 12/01/2003 |
| 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 7105 | |
| Download: ML033381226 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7105 DOCKETED 12/01/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 12/01/03 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) December 1, 2003 ORDER (Regarding Motion for Protective Order and General Conduct of Oral Argument)
The NRC Staff has, on November 26, 2003, filed a Motion for Protective Order in this proceeding,1 and requested that the Board address this motion at the December 3-4 Prehearing Conference in Charlotte. The Board will hear argument on the proposed order to the extent possible within the time available during the conference, at the conclusion of oral argument on the petitioners contentions. As previously discussed, see Tr. 68-69, the Board expects that an NRC security expert will be present at oral argument and, to the extent it is possible to consider the Staffs Motion for Protective Order, may have questions for the security expert on the proposed order. Should there be a need to discuss any Safeguards Information or other protected information, this shall be done in the Atomic Safety and Licensing Board Panel Hearing Room in Rockville, or at another suitable location, at a later date.
1 This 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 test 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).
With regard to any documents referenced in the supplemented petitions and responses, other than the License Amendment Request (LAR) and any other documents already provided, any such documents may be provided at the prehearing conference (unless they contain any Safeguards or other protected information).
With regard to the conduct of the prehearing conference, the Board will hear argument on the petitioners contentions in the order specified in the attached list, absent persuasive indication that a modified order would be preferable.
It is so ORDERED.
FOR THE ATOMIC SAFETY 2
AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 1, 2003 2
Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
Contentions Related to Risk Issues BREDL 2 - Inappropriate Use of SPDEIS for Estimate of Consequence Increase BREDL 7 - Inappropriate Use of SPDEIS for Conclusion that Impacts are Insignificant NIRS 2 - Provisions for Irradiated MOX Test Assemblies Omission Contentions - Safety Related BREDL 1 - Failure to Provide Quantitative Information in Risk Impact Analysis BREDL 3 - Failure to Evaluate Containment Sump Failure NIRS 1 - Lack of key benchmarks (Lack of documentation of amounts of gallium and other contaminants in Pu oxide; lack of indication of quality certification of test fuel pellets and rods.)
Omission Contentions - Environmental BREDL 6 - Failure to Provide Quantitative Info in Support of Assertions re Envirl Impacts BREDL 4 - Failure to Evaluate Future Use of MOX fuel in batch quantities NIRS 5 - EIS needed Omission Contentions - Transportation BREDL 8 - Failure to Address Environmental Impacts of Plutonium Shipments BREDL 9 - Failure to Identify Quantity of Plutonium to Be Shipped to France Contentions Related to Consideration of Alternatives, including No Action Alternative BREDL 5 - Failure to Consider New Information Showing Viability of Alternatives NIRS 4 - Only No Action Alternative is Consistent with Overall Goal for Plutonium Other NIRS 3 - Regarding Regulatory Gap Between NRC and DOE, and DOE NEPA Responsibility
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 (REGARDING MOTION FOR PROTECTIVE ORDER AND GENERAL 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 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 (REGARDING MOTION FOR PROTECTIVE ORDER AND GENERAL CONDUCT OF ORAL ARGUMENT)
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 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 1st day of December 2003