ML040140238

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Letter from Antonio Fernandez to Diane Curran Request for Disclosure of Certain non-publicly Available Documents
ML040140238
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 01/13/2004
From: Fernandez A
NRC/OGC
To: Curran D
Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7241
Download: ML040140238 (1)


Text

RAS 7241 RELATED CORRESPONDENCE DOCKETED 01/15/04 January 13, 2004 Diane Curran, Esq.

Harmon, Curran, Spielberg & Eisenberg, L.L.P.

1726 M Street, N.W., Suite 600 Washington, DC 20036

Dear Ms. Curran:

I am responding to your letter of December 19, 2003 to Susan Uttal requesting the disclosure of certain non-publicly available documents. Your request was pursuant to your ongoing representation of the Blue Ridge Environmental Defense League (BREDL) as a petitioner for intervention in a proceeding before the Atomic Safety and Licensing Board (ASLB), concerning Duke Energy Corporations (Duke) request to amend the operating license for the Catawba nuclear power plant to authorize irradiation of mixed oxide fuel (MOX) lead test assemblies (LTAs). In your letter, you requested that the NRC staff (Staff) provide you with the following documents:

1. Orders issued to Duke concerning access authorization, training, fatigue and the design basis threat (DBT);
2. Any regulatory guidance associated with the orders;
3. The classified DBT for Category I facilities;
4. Any regulatory guidance associated with the DBT for Category I facilities; and
5. Orders issued to NFS and BWXT.

As you were informed by Ms. Uttal on January 9, 2004, the Staff has reviewed your request for the aforementioned documents and has determined that you do not possess the requisite need to know for the information that you have requested. The documents are not being relied on by the Staff in their review of Dukes exemption request and security plan supplement or are not otherwise relevant to the proceeding in which you are participating. Therefore, the Staff has determined that the documents that you have requested will not be provided to you. If you have any questions, please contact me at 301-415-8339.

Sincerely,

/RA/

Antonio Fernández Counsel for NRC staff cc: David Repka