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Category:Legal-Order
MONTHYEARML0602504982006-02-0707 February 2006 ISFSI, Order, Renewed Facility License ML0513301712005-05-13013 May 2005 Commission Notice of Appointment of Adjudicatory Employee ML0510805512005-04-18018 April 2005 Final Partial Initial Decision - Public Redacted Version (Issues Relating to Bredl Security Contention 5) ML0510501712005-04-15015 April 2005 Commission Extension Order ML0509704782005-04-0707 April 2005 LB Order (Regarding Redacted Version of Final Partial Initial Decision) ML0508106022005-03-18018 March 2005 LB Order (Regarding Redacted Version of Final Partial Initial Decision, Transcript Corrections) ML0504002642005-02-0909 February 2005 LB Order (Regarding Bredl Motion to Re-open Record) ML0503502052005-02-0404 February 2005 LB Order (Regarding Duke Motion to Amend Protective Order) ML0502704622005-01-27027 January 2005 LB Order (Addendum Number 6 to the December 15, 2003 Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) ML0502704472005-01-27027 January 2005 LB Order (Granting Extension to File Proposed Findings) ML0435603562004-12-21021 December 2004 Commission Order Denying the NRC Staff'S Motion to Stay the Effect of an Order Issued by the Licensing Board on 12/17/04 ML0435203392004-12-15015 December 2004 LB Order (Regarding December 17, 2004, Telephone Conference) ML0434801392004-12-13013 December 2004 LB Order (Cancelling December 13, 2004, Closed Session) ML0432400102004-11-10010 November 2004 LB Order (Approving Proposed Agreed Consent Order) ML0425104722004-09-0303 September 2004 LB Order (Confirming Deadlines Set at September 1, 2004, Closed Session) ML0423000022004-08-13013 August 2004 LB Addendum Number 4 to Protective Order Governing Duke Energy Corporation'S September 15, 2003 Security Plan Submittal (Dec. 15, 2003) ML0421503712004-08-0202 August 2004 Commission Order Dated 08/02/04 ML0421605892004-07-28028 July 2004 LB Order (Addressing Discovery Scheduling Matters) ML0418904182004-07-0707 July 2004 LB Order (Granting 24-Hour Extension in Deadline for Motions to Compel) ML0418400272004-07-0101 July 2004 Commission Order Granting Stay Request of NRC Staff ML0418200502004-06-28028 June 2004 LB Order (Ruling on Duke Energy Corporation Objection to Bredl Document Production Request No. 2 Regarding Bredl Security Contention) ML0414700752004-05-18018 May 2004 LB Order (Confirming Matters Addressed at May 14, 2004, Conference) ML0414700312004-05-18018 May 2004 Addendum Number 1 to Protective Order Governing Duke Energy Corporations Non-Disclosure of Proprietary Information (April 8, 2004) ML0413103462004-05-0606 May 2004 LB Order (Confirming Matters Addressed at May 4, 2004, Telephone Conference) ML0411302162004-04-21021 April 2004 LB Order (Regarding Removal of Portion of Transcript from Safeguards Information Category) ML0410506312004-04-0808 April 2004 LB Order (Confirming Matters Addressed at April 6 Telephone Conference) ML0409805452004-03-30030 March 2004 LB Corrected Order (Confirming Matters Addressed at March 25 Telephone Conference) ML0409101612004-03-30030 March 2004 LB Order (Confirming Matters Addressed at March 25 Telephone Conference) ML0408208012004-03-17017 March 2004 LB Order (Confirming and Following Up on Matters Addressed at March 16 Telephone Conference) ML0407605082004-03-16016 March 2004 LB Order (Regarding Information for March 16, 18 and 25 Proceedings) ML0407100222004-03-0505 March 2004 LB Order (Regarding Deadlines and Scheduling Issues) ML0405806332004-02-25025 February 2004 LB Order (Regarding Telephone Status Conference on Scheduling Issues) ML0404302182004-02-12012 February 2004 Commission Order Extending a Stay of an ASLBP Memorandum Issued on 01/29/04 Until 02/18/04 ML0403304082004-02-0202 February 2004 Commission Order Appointing Robert B. (Barry) Manili a Representative to Advise and Assist the Atomic Safety and Licensing Board Re Security Classification of Information and the Safeguards to Be Observed in This Proceeding ML0403009462004-01-30030 January 2004 Commission Order Issuing a Housekeeping Stay of the Atomic Safety and Licensing Board'S Memorandum Dated 01/29/04 Until 02/13/04 ML0402909122004-01-29029 January 2004 LB Memorandum (Providing Notice of Granting Bredl Motion for Need to Know Determination and Extension of Deadline for Filing Security-Related Contentions) ML0402909032004-01-23023 January 2004 Request to Commission (Seeking Designation of Representative to Advise and Assist Licensing Board with Respect to Classification of Information and Safeguards to Be Observed) ML0402007292004-01-20020 January 2004 LB Order (Scheduling in Camera Oral Argument on Blue Ridge Environmental Defense Leagues Request for Need to Know Determination and Motion for Extension of Deadline for Filing Security Contentions) ML0400800182003-12-31031 December 2003 LB Order (Providing Notification of Location for January 15, 2004, Oral Argument) ML0335303582003-12-15015 December 2003 LB Order (Regarding Deadlines and Scheduling Issues) ML0334213342003-12-0808 December 2003 LB Order (Regarding Telephone Conference, Deadlines and Scheduling Issues) ML0333701842003-12-0303 December 2003 Commission Notice of Appointment of Adjudicatory Employee ML0333606772003-12-0202 December 2003 Commission Order Extending Time to Rule on the Blue Ridge Environmental Defense League'S Petition for Review of LBP-03-17 ML0333812262003-12-0101 December 2003 LB Order (Regarding Motion for Protective Order and General Conduct of Oral Argument) ML0332504592003-11-20020 November 2003 LB Order (Regarding Provision of LAR and Other Documents, and Conduct of Oral Argument) ML0328906062003-10-16016 October 2003 Order (Scheduling October 23, 2003, Telephone Conference) ML0328305612003-10-10010 October 2003 Order (Confirming Matters Addressed at October 10, 2003, Telephone Conference) ML0328204212003-10-0909 October 2003 LB Order (Addressing Certain Security Issues and Scheduling Telephone Conference) ML0328107762003-10-0808 October 2003 LB Memorandum to Commission (Regarding Ruling on Request to Reinstate Contention 1) ML0328017102003-10-0707 October 2003 LB Separate Opinion (Concurring in Part and Dissenting in Part) (Addendum to LBP-03-17) 2006-02-07
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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 Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORATION ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) 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 1
This 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).
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 2
March 17, 2004 2
Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
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 Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Henry B. Barron, Executive Vice President Antonio Fernández, Esq. Nuclear Operations Margaret J. Bupp, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop - O-15 D21 P.O. Box 1006 U.S. Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.
Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.
729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802
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. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Mark J. Wetterhahn, Esq. Mail Code - PB05E Winston & Strawn LLP 422 South Church Street 1400 L Street, NW P.O. Box 1244 Washington, DC 20005 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