ML040360454
| ML040360454 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 01/28/2004 |
| From: | Uttal S NRC/OGC |
| To: | NRC/OCM |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7277 | |
| Download: ML040360454 (4) | |
Text
January 28, 2004 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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DUKE ENERGY CORPORATION
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Docket Nos. 50-413-OLA, 50-414-OLA
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(Catawba Nuclear Station, Units 1 and 2) )
NRC STAFF RESPONSE TO ATOMIC SAFETY AND LICENSING BOARD REQUEST TO THE COMMISSION PURSUANT TO 10 C.F.R. - 2.904 INTRODUCTION On January 23, 2004, the presiding Atomic Safety and Licensing Board (Board) in this proceeding requested that the Commission "designate a representative to advise and assist the Board with respect to security classification of information and the safeguards to be observed" in this proceeding, pursuant to 10 C.F.R. § 2.904.1 The Board requested that, if consistent with any separation of functions or other considerations, Mr. Bernard Stapleton be designated.
DISCUSSION The staff of the Nuclear Regulatory Commission (Staff), has no objection to the Board's request, but believes that the designation of Mr. Stapleton is not appropriate. Mr. Stapleton has been involved in the Staff's consideration of Duke Energy Corporations's Security Plan submittal. Thus, there is a potential separation of functions issue relating to him advising the Board in this proceeding.
As an alternative, the Staff offers Mr. Robert B. (Barry) Manili of the Materials, Transportation and Waste Security Division, Division of Nuclear Security, Office of Nuclear Security and Incident Response (NSIR), as an appropriate and knowledgeable staff member
' Request to Commission (Seeking Designation of Representative to Advise and Assist Licensing Board with Respect to Classification of Information and Safeguards to be Observed),
January 23, 2004.
who will be able to assist the Board with respect to security classification of information and the safeguards to be observed, in accordance with 10 C.F.R. § 2.904.
Resq'qfuIly submitted lu4s6an L. Ittal Counsel for NRC staff Dated at Rockville, Maryland this 28"h day of January, 2004
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
- In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station Units 1 and 2)
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Docket Nos. 50-413-OLA 50-414-OLA CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO ATOMIC SAFETY AND LICENSING BOARD REQUEST TO THE COMMISSION PURSUANT TO 10 C.F.R. § 2.904" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commission's internal mail system; and by e-mail as indicated by a double asterisk (**), this 2 8th day of January, 2004.
Ann Marshall Young, Chair**
- Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Anthony J. Baratta*
- Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Thomas S. Elleman*
- Administrative Judge Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd. #101 Raleigh, NC 27612 Office of the Secretary***
ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: 0-1 6C1 Washington, D.C. 20555 (E-mail: HEARINGDOCKET nrc.gov)
Office of Commission Appellate Adjudication*
Mail Stop: 0-1 6C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Adjudicatory File*
U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, DC 20555 Diane Curran, Esq.**
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, N.W., Suite 600 Washington, DC 20036 (E-mail: dcurran @ harmoncurran.com)
Mary Olson**
Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 (E-mail: nirs.se@mindspring.com)
Paul Gunter**
Nuclear Information and Resource Service 1424 16t" St. N.W.
Suite 404 Washington, D.C. 20026 (E-mail: pgunter~nirs.org)
Lisa F. Vaughn, Esq.**
Legal Department Mail Code - PB05E Duke Energy Corporation 426 S. Church Street (EC11 X)
Charlotte, NC 28201 -1006 (E-mail: If Vaughn @ duke-energy.com)
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)
Susan L. Uttal Counsel for NRC Staff