ML040360482

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02/02/2004 - Letter from Antonio Fernandez to Annette L. Vietti-Cook Enclosing a New Pleading That Supercedes the Previous One Filed on 01/30/04
ML040360482
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 02/02/2004
From: Fernandez A
NRC/OGC
To: Annette Vietti-Cook
NRC/SECY
Byrdsong A T
Shared Package
ML040360488 List:
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7289
Download: ML040360482 (2)


Text

GI stopR REC&I 'I" UNITED STATES 4c ss NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 2, 2004 OFFICE OF THE ENERAL COUNSEL Annette L. Vietti-Cook Secretary U.S. Nuclear Regulatory Commission Mail Stop: 0-1 6C1 Washington, D.C. 20555 In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)

Docket Nos. 50-413-OLA and 414-OLA

Dear Secretary:

On January 30, 2004, the NRC staff (Staff) filed a request for interlocutory review of the presiding Atomic Safety and Licensing Board's (Board) order issued on January 29, 2004. In the Staff's previously filed request there are references to portions of Duke Energy Corporation's (Duke) security plan submittal.

Pursuant to a Board order issued on December 15, 2003, certain "Protected Information" is required to be withheld from public disclosure. Although the Staff's previously filed request does not contain safeguards or proprietary information, a strict reading of the Board's December 15, 2003 Order would require that information in the Staff's request be protected.

Therefore, enclosed hereto the Staff submits a new pleading that supercedes the previous pleading and does not contain references to information protected by the Board's December 15, 2003 Order. In addition, we have informed Mr. Paul Gunter and Ms. Mary Olson, petitioners in the proceeding below who are not covered by the December 15, 2003 Order, of the foregoing and have asked them to return the filing to this office unread. We have also taken steps to ensure that the previously filed document is not placed in ADAMS or otherwise disseminated to persons not covered by the December 15, 2003 Order.

Sincerely,

,/ntonio Fe rh ndez Counsel for NRC Staff

Enclosures:

As stated cc w/ ends: Service list

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 NRC STAFF'S MOTION FOR INTERLOCUTORY REVIEW OF THE LICENSING BOARD'S JANUARY 29, 2004 ORDER FINDING A NEED-TO-KNOW AND ORDERING NRC STAFF TO PROVIDE PETITIONER WITH ACCESS TO NRC DOCUMENTS CONTAINING SAFEGUARDS INFORMATION Antonio Femandez Counsel for NRC staff January 30, 2004 February 2, 2004 (superceded)