ML041130069
| ML041130069 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/14/2004 |
| From: | Repka D Duke Energy Corp, Winston & Strawn, LLP |
| To: | NRC/OGC |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7634 | |
| Download: ML041130069 (7) | |
Text
WRAS 7b3'/
- ATMED CORRES}N April ' 4 DIETED USNRC UNITED STATES OF AMERICA Aprl 20,2004 (4:06PM)
NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ADJUDICATIONS STAFF In the Matter of: )
DUKE ENERGY CORPORATION )
) Docket Nos. 50-413-OLA (Catawba Nuclear Station, ) 50-414-OLA Units I and 2) )
)
DUKE ENERGY CORPORATION'S RESPONSE TO THE "NRC STAFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DUKE ENERGY CORPORATION" In accordance with the schedule established by the Atomic Safety and Licensing Board ("Licensing Board') in its March 30, 2004 "Order (Confirming Matters Addressed at March 25 Telephone Conference)," Duke Energy Corporation ("Duke") hereby files its Response to the "NRC Staffs First Set of Interrogatories and Request for Production of Documents to Duke Energy Corporation" (March 31, 2004) ("NRC Staff Discovery Request").
Consistent with the direction of the Licensing Board in its "Order (Confirming Matters Addressed at April 6 Telephone Conference)," dated April 8, 2004, this response does not address Contention III. (Order, at ¶8.)
As a general matter, Duke is responding this same date to the "Blue Ridge Environmental Defense League's First Set of Discovery Requests to Duke Energy Corporation" (March 31, 2004) ("BREDL's First Set"). Duke is providing a copy of that response, and copies of all documents produced in connection with that response, to the NRC Staff. Duke's response 7-ermp late - SAC-ICY s- c0- o3
to BREDL's First Set appears to comprehensively address the NRC Staff Discovery Request.
Certain documents provided to the NRC Staff in connection with Duke's response to BREDL's First Set are proprietary documents governed by the Protective Order issued by the Licensing Board on April 8, 2004. These documents have been designated as proprietary, and copies are marked accordingly. Duke requests that the NRC maintain this information as proprietary in accordance with 10 C.F.R. § 9.17(a)(4) and § 2.790(b).
I. DUKE RESPONSE TO NRC STAFF INTERROGATORIES NRC INTERROGA TORY NO. 1: Identify each and every expert witness whom you expect to call at the hearing, including each expert's name, business address and telephone number.
Duke Response to NRC Interrozatory 1:
The name, business address, and area of expertise for each witness whom Duke expects to testify in connection with Contentions I and II are provided in Duke's response to BREDL General Interrogatory 2 and Attachment 2 to Duke's response. Duke has not yet prepared testimony on Contentions I or II. If and when supplemental witnesses are identified, Duke will supplement its response to NRC Interrogatory 1 as appropriate.
NRCINTERROGATORYNO. 2: For-each expertivitness named in the answer to Interrogatory1, state (a) the subject matter and substance of his/her testimony, (b) the facts and opinions upon which that testimony wvill be based, (c) the groundsfor each opinion, and (d) any authoritiesand/or treatisesupon which the expert relies.
Duke Response to NRC Interrogatory2:
See Duke's response to BREDL General Interrogatory 3.
NRC INTERROGATORY NO. 3: Identify all persons from whom you, or any of your agents, servants or employees, have taken statements. Specify (a) when the statement wvas taken; (b) where the statement was taken; (c) who took the statement; (d) whether the statement wtas reduced to writing; (e) who has possession of the statement; and 69 the substance of the statement.
2
Duke Response to NRC Interrozatorv3:
Duke has not taken any formal "statements" in connection with the matters raised in Contentions I and II or in connection with its response to the NRC Staff Discovery Request.
Individuals who have provided information regarding Duke's response to BREDL's First Set are identified in Duke's response to BREDL General Interrogatory 1.
NRC INTERROGATORY NO. 4: Identify all persons, you, or any of your agents, servants or employees, have interviewed Specify (a) the date of the interviewv; (b) where the interview occurred; (c) who wvas present during the interview; (d) whether the interview wvas recorded or reduced to writing, including notes; (e) 'who is in possession of the recordingor wvriting; and 60 the substance of the interview.
Duke Response to NRC Interrogatorv4:
Duke has not conducted any formal "interviews" in connection with the matters raised in Contention I and II or in connection with its response to the NRC Staff Discovery Request. Rather, Duke counsel has consulted with relevant personnel (identified in Duke's response to BREDL General Interrogatory 1) and worked with those personnel to provide responses to interrogatories and document requests. Meetings and work sessions inherent in this process were not recorded or reduced to writing.
II. DUKE RESPONSE TO NRC STAFF DOCUMENT PRODUCTION REQUEST NRC REQUEST NO 1: For each expert witness named in the answer to Interrogatory 1, a complete copy of his/her curriculum vitae, resume or professionalqualifications.
Duke Response to NRC Document ProductionRequest 1:
The information requested is provided in Attachment 2 to Duke's response to BREDL's First Set.
REQUEST NO. 2: All expert reports, including all data, authorities and treatisesreliedupon in preparingthe report.
3
Duke Response to NRC Document ProductionRequest 2:
Duke has not obtained any expert reports to respond to the NRC Staff Discovery Request and has not, to date, received expert reports specifically developed for use in this proceeding on Contentions I and II. Documents that may be relied upon in testimony on Contentions I and II are identified in Duke's response to BREDL General Interrogatory 3.
NRC REQUEST NO. 3: Any and all statements referenced in the answers to the Interrogatories.
Duke Response to GeneralDocument ProductionRequest 3:
There are no "statements" referenced in Duke's answers to the NRC Staffs interrogatories.
NRC REQUEST NO. 4: Any and all transcriptions, notes or recordings of interviews referencedin the ansvers to the Interrogatories.
Duke Response to NRC Document Production Request 4:
There are no transcripts, notes or recordings of interviews referenced in Duke's answers to the NRC Staff's interrogatories.
NRC REOUEST NO. 5: All documents that you intend or expect to rely upon or to introduce as exhibits in any hearings to be held in thisproceeding.
Duke Response to NRC Document ProductionRequest 5:
See Duke's response to BREDL's General Interrogatory 3. Duke believes that these documents are publicly available or already in the possession of the NRC Staff.
NRC REQUEST NO. 6: All ansivers to interrogatories, documents or information produced in response to interrogatoriesand requestsfor production propoundedon you by BREDL.
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Duke Response to NRC Document ProductionRequest 6:
As noted above, copies of Duke's response to BREDL's First Set are being provided to the NRC Staff.
Respectfully submitted, David A. Repka WINSTON & STRAWN, LLP 1400 L Street, NW Washington, D.C. 20005-3502 Lisa F. Vaughn DUKE ENERGY CORPORATION 422 South Church Street Mail Code: PB05E Charlotte, N.C. 28201-1244 ATTORNEYS FOR DUKE ENERGY CORPORATION Dated in Washington, District of Columbia This 14h day of April 2004 5
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )
)
DUKE ENERGY CORPORATION )
) Docket Nos. 50-413-OLA (Catawba Nuclear Station, ) 50:414-OLA Units 1 and 2) )
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "DUKE ENERGY CORPORATION'S RESPONSE TO THE 'NRC STAFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DUKE ENERGY CORPORATION,"' in the captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 14th day of April, 2004. Additional e-mail service, designated by **, has been made this same day, as shown below.
Ann Marshall Young, Chairman** Anthony J. Baratta**
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 (e-mail: AMY~nrc.gov) (e-mail: AJB5@nrc.gov)
Thomas S. Elleman** Office of the Secretary **
Administrative Judge U.S. Nuclear Regulatory Commission 5207 Creedmoor Road, #101 Washington, DC 20555 Raleigh, NC 27612 Attn: Rulemakings and Adjudications Staff (e-mail: ellemaneeos.ncsu.edu) (original + two copies)
(e-mail: HEARINGDOCKET~nrc.gov)
Office of Commission Appellate Adjudicatory File Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
Susan L. Uttal, Esq. ** Mary Olson Antonio Fernandez, Esq. ** Director, Southeast Office Margaret J. Bupp** Nuclear Information and Resource Office of the General Counsel Service U.S. Nuclear Regulatory Commission P.O. Box 7586 Washington, DC 20555 Asheville, NC 28802 (e-mail: slu~nrc.gov)
(e-mail: axf2(nrc.gov)
(e-mail: mjb5@nrc.gov)
Diane Curran **
Harmon, Curran, Spielberg &
Eisenberg, LLP 1726 M Street, N.W.
Suite 600 Washington, DC 20036 (e-mail: dcurraneharmoncurran.com)
David A. Repka Counsel for Duke Energy Corporation 2
DC:353141.1