ML033530358
| ML033530358 | |
| Person / Time | |
|---|---|
| Site: | Catawba  (NPF-035, NPF-052) |
| Issue date: | 12/15/2003 |
| 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 7140 | |
| Download: ML033530358 (5) | |
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 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).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7140 DOCKETED 12/15/03 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
SERVED 12/15/03 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 December 15, 2003 ORDER (Regarding Deadlines and Scheduling Issues)
A telephone conference was held in this proceeding1 on December 11, 2003, to consider various scheduling issues as discussed during oral argument on December 3-4, 2003, Tr. 569-75, and as subsequently proposed by the participants in the proceeding, at the suggestion of the Licensing Board. The following matters were addressed during this conference:
- 1. After hearing from all participants on the issue of BREDLs December 10, 2003, Objection to Protective Order, the Board stated that it would issue an updated version of the originally-proposed Protective Order, encompassing changes made by the participants and submitted to the Board on December 11 by Duke counsel with the agreement of all participants, Tr. 602, and the final Protective Order will be issued, on this date, December 15, 2003.
With regard to the matter of whether particular information contained in any Safeguards documents, and/or any description, characterization, or summaries made of such information and the extent to which this itself would or would not constitute Safeguards Information, the Board asked that the NRC Staff have a security expert present at oral argument on security contentions, to educate and assist the Board on such matters; in addition, counsel for Duke indicated that it would be glad to assist the Board in making such determinations, which information might also be helpful to BREDL in drafting its pleadings in both their original form and in any summary form that would be appropriate for distribution to its members and the public. Tr. 598-99. Any further issues related to these matters may be taken up in the February 2004 oral argument on security related contentions (see below).
- 2. The following items were to be filed by December 12, 2003:
(a) BREDLs response to Dukes oral proposal to withdraw Section 3.8 of license amendment application; (b) BREDLs submission regarding caselaw on the applicability of CEQ regulations; (c) BREDLs submission of any additional information on the legal effect in this proceeding of the Commissions rulings on NEPA/terrorism; (d) BREDLs submission regarding NEPA caselaw on alternatives; and (e) the NRC Staffs submission on the applicability to the NRC of Executive Order 12114.
- 3. The following items shall be filed by December 19, 2003:
(a) Duke and Staff replies to items 2(a), 2(b), and 2(d) above; (b) Duke and BREDL replies to item 2(e) above; and (c) NRC Staff citations to any additional document references regarding state of the art on MOX fuel.
2Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
- 4. The following items shall be filed by December 26, 2003:
(a) Duke and Staff responses to BREDLs supplemental contentions of December 2, 2003, with any Duke and Staff replies to item 2(c) above to be included in their responses to BREDL supplemental Contention 13; and (b) any Duke and BREDL supplements to item 3(c) above.
- 5. BREDL shall file any contentions based on security information by January 14, 2004; Duke and the Staff shall file their replies to these by February 4, 2004.
- 6. Oral argument on BREDLs December 2, 2003, supplemental contentions shall be held in Charlotte on January 15, 2004, with the exact location to be provided at a later date.
- 7. Oral argument on security-related contentions shall be held in a closed session in the NRC offices on February 12 and 13, 2004, with the exact location to be provided at a later date.
This session shall be closed to all but those who have appropriate clearance and need to know with regard to the information to be discussed during the session.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 15, 20032
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 DEADLINES AND SCHEDULING ISSUES) 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 DEADLINES AND SCHEDULING ISSUES)
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 15th day of December 2003