ML040980545

LB Corrected Order (Confirming Matters Addressed at March 25 Telephone Conference)

ML040980545
Person / Time
Site:	Catawba
Issue date:	03/30/2004
From:	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 7542
Download: ML040980545 (5)

Text

UNITED STATES OF AMERICA NUCLEAR REG U LATORY COMMl SS ION DOCKETED USNRC April 2,2004 (3:31 PM)

OFFICE OF SECRETARY ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

RULEMAKINGS AND ADJUDICATIONS STAFF SERVED April 5,2004 Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of Docket Nos. 50-41 3-OLA, 50-41 4-OLA DUKE ENERGY CORPORATION ASLBP NO. 03-81 5-03-OLA March 30, 2004 Corrected ORDER (Confirmins Matters Addressed at March 25 Telephone Conference)

A status conference was held in this proceeding on March 25, 2004, by telephone conference call, to address various scheduling and other matters. The following matters were addressed during this conference:

1. Initial written discovery requests on all non-security-related contentions (except discovery against the Staff regarding non-security-related environmental contentions) shall be served and filed no later than March 31, 2004. This and all deadlines hereinafter set in this proceeding shall be construed to require that service and filing shall be accomplished in a manner to assure actual receipt by the licensing board and all parties by the date set.

2. Any objections of any nature to any such written discovery requests shall be served and filed no later than April 2, 2004.

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).

RAS 7542

3. A telephone conference shall be held Aeril 6, 2004, at 1O:OO a.m. to address any discovery objections and responses thereto, as well as any other appropriate matters, including updates on progress in achieving discovery according to the deadlines set herein. Prior to the conference notification of call-in instructions shall be provided.

4. Responses to the initial written discovery requests shall be served and filed no later than April 14, 2004.

5. Any motions to compel regarding the initial discovery requests shall be served and filed no later than April 16,2004.

6. A telephone conference shall be held ADril20, 2004. at 1O:OO a.m. to address any motions to compel and responses thereto, as well as any other appropriate matters. Prior to the conference notification of call-in instructions shall be provided.

7. Written requests for the second round of written discovery shall be served and filed no later than ADril 26.2004.

8. Any objections to the second round of written discovery requests shall be served and filed no later than April 30. 2004.

9. A telephone conference shall be held Mav 4, 2004, at 1O:OO a.m. to address any discovery objections and responses thereto, as well as any other appropriate matters. Prior to the conference notification of call-in instructions shall be provided.

10. Responses to the initial written discovery requests shall be served and filed no later than Mav 10,2004.

11. Any motions to compel regarding the initial discovery requests shall be served and filed no later than Mav 12,2004.

12. A telephone conference shall be held Mav 14, 2004, at 1O:OO a.m. to address any motions to compel and responses thereto, as well as any other appropriate matters. Prior to the conference notification of call-in instructions shall be provided.

13. Depositions shall be taken during the period of April 26 throuah May 14. 2004. Any scheduling difficulties shall be brought to the licensing board in a timely manner to avoid delays.

14. Prefiled written direct testimony shall be filed no later than May 25, 2004. Any prefiled written rebuttal testimony shall be filed no later than Mav 28, 2004.

15. A11 parties shall have a continuing duty to supplement any and all discovery responses with any information that would, had it been available on the date originally due, have been of a nature to warrant including it in the original response. This duty shall continue, regarding each issue, through the hearing and closing of the record on such issue.

16. The Staff shall notify the licensing board and all parties, as soon as possible, of when it expects to issue its environmental assessment or impact statement.

17. Any necessary modification of the above dates, as well as further deadlines and schedules, will be set in accordance with the Board's intention to move this proceeding forward in the most efficient and expeditious manner possible, while at the same time ensuring that the proceedings are fair and allow for meaningful presentation and consideration of all evidence and argument on all issues, and accommodating all legitimate circumstances that present themselves in the coming days, weeks and months.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Ann Marshall'Young, Chair u ADMl NlSTRATlVE JUDGE Rockville, Marylgnd March 30,2004

• 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 50-41 4-0LA Catawba Nuclear Station, Units 1 and 2)

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB CORRECTED ORDER (CONFIRMING MATTERS ADDRESSED AT MARCH 25 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 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Adjudication 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 Susan L. Uttal, Esq.

Antonio Fernandez, Esq.

Margaret J. Bupp, Esq.

Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 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 Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #lo1 Raleigh, NC 27612 Henry 8. Barron, Executive Vice President Nuclear Operations Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201 -1 006 Diane Curran, Esq.

Harmon, Curran, Spielberg

& Eisenberg, L.L.P.

1726 M Street, NW, Suite 600 Washington, DC 20036

2 Docket Nos. 50-41 3-OLA and 50-41 4-OLA LB CORRECTED ORDER (CONFIRMING MATTERS ADDRESSED AT MARCH 25 TELEPHONE CONFERENCE)

David A. Repka, Esq.

Anne W. Cottingham, Esq.

Mark J. Wetterhahn, Esq.

Winston & Strawn LLP 1400 L Street, NW Washington, DC 20005 Paul Gunter Nuclear Information and Resource Service 1424 16'h St., NW, Suite 404 Washington, DC 20036 Lisa F. Vaughn, Esq.

Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201 -1 244 L

C A

Office of the Secretary of tKe Commissio Dated at Rockville, Maryland, this 5th day of April 2004