ML040820801
| ML040820801 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 03/17/2004 |
| From: | Anthony Baratta, Elleman T, 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 7474 | |
| Download: ML040820801 (4) | |
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. By Memorandum and Order dated March 5, 2003, Petitioner Blue Ridge Environmental Defense League (BREDL) was admitted as a party in the proceeding, after having filed a petition to intervene and request for hearing in response to a July 2003 Federal Register notice concerning this application. See LBP-04-04, 59 NRC ___ (2004); 68 Fed. Reg. 44,107 (July 25, 2003).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7474 DOCKETED 03/17/04 ATOMIC SAFETY AND LICENSING BOARD SERVED 03/17/04 Before Administrative Judges:
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 March 17, 2004 ORDER (Confirming and Following Up on Matters Addressed at March 16 Telephone Conference)
A status conference was held in this proceeding1 on March 16, 2004, by telephone conference call, to address various scheduling and other matters. Based upon the discussion with the parties during this conference, and upon further Licensing Board deliberations thereafter, the Board makes the following rulings and informs the parties of the following considerations relating to this proceeding at this time:
Pending any further rulings as described below, all previously-set deadlines and dates shall remain in place, except that BREDL will not be required to file its initial discovery requests on non-security-related contentions by the March 19 deadline set in our March 5, 2004, Order (Regarding Deadlines and Scheduling Issues); a new deadline, which will likely be set for a date in the very near future, will be addressed at the March 25 status conference scheduled in this matter. Further, notwithstanding any discussion suggesting anything to the contrary, no party 2Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
should assume that any delays of the current schedule will be granted, absent a stay from the Commission. Finally, the following additional deadlines are set, as discussed in the conference:
- 1. BREDL shall file any amended contention(s) arising out of the previously-admitted Contention 3 and Dukes March 1 responses to the Staffs RAIs relating to alternatives, no later than March 30, 2003.
- 2. BREDL shall file any contentions based on Dukes responses to the Staffs security-related RAIs, a need to know determination on which was provided March 9, no later than April 8, 2003.
Any necessary modifications, or further deadlines and schedules, will be set in accordance with the Boards intention to move this proceeding forward in the most efficient and expeditious manner possible, taking into account all appropriate time and other factors that present themselves in the coming days, weeks and months.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE
/RA/
Anthony J. Baratta ADMINISTRATIVE JUDGE
/RA/
Thomas S. Elleman ADMINISTRATIVE JUDGE Rockville, Maryland March 17, 20042
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
)
50-414-OLA Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CONFIRMING AND FOLLOWING UP ON MATTERS ADDRESSED AT MARCH 16 TELEPHONE CONFERENCE) 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.
Margaret J. Bupp, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Henry B. Barron, Executive Vice President Nuclear Operations 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 (CONFIRMING AND FOLLOWING UP ON MATTERS ADDRESSED AT MARCH 16 TELEPHONE CONFERENCE)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Mark J. Wetterhahn, 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 17th day of March 2004