ML033650322
| ML033650322 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 12/19/2003 |
| From: | Curran D Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7187 | |
| Download: ML033650322 (5) | |
Text
December 19, 2003 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD DOCKETED USNRC In the Matter of December 30, 2003 (9:49AM)
Docket No's. 50-413-OLA, DUKE ENERGY CORPORATION 50-414-OLA OFFICE OF SECRETARY RULEMAKINGS AND (Catawba Nuclear Station, Units 1 and 2) ADJUDICATIONS STAFF BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S REPLY TO NRC STAFF REGARDING APPLICABILITY OF EXECUTIVE ORDER 12114 Pursuant to the Atomic Safety and Licensing Board's ("ASLB's") order of December 8, 2003, Blue Ridge Environmental Defense League ("BREDL") hereby replies to NRC Staff's Response to Board's Questions Regarding Executive Order 12114 (December 12, 2003) (hereinafter "Staff Response").
Among other things, Executive Order 12114 requires consideration of environmental impacts of significant federal actions on the environment of the "global commons," i.e., areas outside the jurisdiction of any nation. See Section 2-3(a). The Staff argues that this requirement, along with all other requirements of Executive Order, is inapplicable, by virtue of an exemption from the Executive Order for "export licenses or permits or export approvals, and actions relating to nuclear activities except actions providing to a foreign nation a nuclear production or utilization facility." Id., Section 2-5(v). As the Staff states:
[T][he Order, by its own terms, does not apply to the Department of Energy's Request to export plutonium for fabrication of the mixed oxide lead test assemblies and the Commission need not consider it with respect to this action.
Staff Response at 2.
p-+th-seY-o
BREDL does not agree with the Staff. Whether or not the Executive Order applies to the export of plutonium to France, nothing in the Executive Order states that transportation of plutonium to and from France by a DOE contractor is exempt from NEPA. The plutonium will not be transferred to French custody until it reaches France.
Instead, according to the Department of Energy's export license application, the plutonium will be shipped under an agreement between DOE's contractor, Duke Cogema Stone & Webster, and the carrier, Pacific Nuclear Transport, Ltd. ("PNTL").' Moreover, although PNTL is partially owned by the British government, DOE has not sought a license to export the plutonium to the U.K. Instead, PNTL is being treated as a U.S.
contractor.
Thus, contrary to the NRC Staff's argument, the plutonium shipments themselves are not part of the "export" activity that is covered by the DOE export license application.
Therefore, they are not exempt from the requirements of Executive Order 11241.2 1 Letter from Edward J. Siskin, DOE, to Deputy Director, Office of International Programs, NRC, Attachment to NRC Form 7 (October 1, 2003). This document can be found on ADAMS, at Accession # ML032801463.
2 In fact, only the NRC Staff seems to believe that the exemption in Section 2-5(v) of the Executive Order applies here. The DOE obviously considers itself required to examine the impacts of the plutonium shipments on the global commons. See DOE/EIS-0229-SA3, Supplemental Analysis, Fabrication of Mixed Oxide Fuel Lead Assemblies in Europe at 5, 10 (November 2003). Duke also states, in its license amendment application, that to extent that the proposed fabrication of lead assemblies in Europe has potential impacts on the environment of the global commons, those impacts must be considered. See letter from M.S. Tuckman, Duke Power, to U.S. Nuclear Regulatory Commission, Attachment 5 at 5-2 (February 27, 2003).
2
Respectfully submitted, Wiane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 e-mail: dcurranQ$harmoncurran.com December 19, 2003
CERTIFICATE OF SERVICE I hereby certify that on December 19, 2003, copies of Blue Ridge Environmental Defense League's Reply to NRC Staff Regarding Applicability of Executive Order 12114 were served on the following by e-mail and/or first-class mail, as indicated below:
Ann Marshall Young, Chair Susan L. Uttal, Esq.
Administrative Judge Antonio Fernandez, Esq.
Atomic Safety and Licensing Board Kathleen A. Kannler, Esq.
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: T-3F23 Mail Stop 15 D21 Washington, D.C. 20555 U.S. Nuclear Regulatory Commission E-mail: AMY@nrc. gov Washington, D.C. 20555-0001 E-mail: slu@nrc.gov axf2@nrc.gov, Anthony J. Baratta KAK1@nrc.gov Administrative Judge Atomic Safety and Licensing Board Mary Olson U.S. Nuclear Regulatory Commission Southeast Office, Nuclear Information and Mail Stop: T-3F23 Resource Service Washington, D.C. 20555 P.O Box 7586 E-mail: ATJB5nrc. gov Asheville, NC 28802 E-mail: nirs. se@mindspring. com Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Lisa F. Vaughn, Esq.
Mail Stop: 0-16C1 Legal Dept. (PBO5E)
Washington, D.C. 20555 Duke Energy Corporation 526 South Church Street (ECl lX)
Thomas S. Elleman Charlotte, NC 28201-1006 Administrative Judge E-mail: 1 fvaughn@duke - energy.com Atomic Safety and Licensing Board 4760 East Country Villa Drive Janet Marsh Zeller, Executive Director Tucson, AZ 85718 Blue Ridge Environmental Defense League E-mail: elleman@eos.ncsu.edu P.O. Box 88 Glendale Springs, NC 28629 Office of the Secretary (original and two copies) E-mail: BREDL@skybest . corn ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, D.C. 20555 E-mail: HEARINGDOCKET@nrc. gov
2 David A. Repka, Esq.
Anne W. Cottingham, Esq.
Winston & Strawn, LLP 1400 L Street, N.W.
Washington, D.C. 20005-3502 E-mail: drepka@winston. com acotting~winston.com Diane Curran