ML040820801

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LB Order (Confirming and Following Up on Matters Addressed at March 16 Telephone Conference)
ML040820801
Person / Time
Site: Catawba  Duke Energy icon.png
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

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