ML041140414

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Duke - 4/21/04 Letter to Diane Curran, Esq. Re Providing Additional Information to Supplement the Staff'S Response to Blue Ridge Environmental Defense League'S First Set of Discovery Requests to the NRC Staff
ML041140414
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 04/21/2004
From: Uttal S
NRC/OGC
To: Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
References
50-413-OLA, 50-414-OLA
Download: ML041140414 (6)


Text

April 21, 2004 Diane Curran, Esq.

Harmon, Curran, Spielberg & Eisenberg, L.L.P.

1726 M Street, N.W., Suite 600 Washington, DC 20036 In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station Units 1 and 2)

Docket Nos. 50-413-OLA, 50-414-OLA

Dear Ms. Curran,

As agreed on Friday, April 16, 2004, the Staff is providing additional information to supplement the Staffs Response to Blue Ridge Environmental Defense Leagues First Set of Discovery Requests to the NRC Staff.

The privilege log has been revised and enclosed; each document is now numbered. The privileged documents are 1-4, 11-12, 21, 27-31, 34, and 36. Of these, document 12 was generated by Duke. The others were generated by Framatome. Contact information for officials at Framatome was provided to you via telephone on April 19, 2004 and April 21, 2004.

You also questioned whether documents 9 and 10, the Technical Evaluation Report (Non-Proprietary Version) of BAW-10231P and the Safety Evaluation Report of the Topical Report BAW-10227P, were properly withheld under the deliberative process privilege.

As requested, I confirmed that the documents are, in fact, predecisional. Although both documents were drafted by staff members of the Pacific Northwest National Laboratory (PNNL), both documents are subject to the deliberative process privilege because PNNL produced them under contract to the NRC, and the deliberative process privilege includes outside consultants, contractors and subcontractors who are involved in governmental deliberations. Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1),

ALAB-773, 19 NRC 1333, 1346 (1984).

In addition, the Staff is revising its answers to General Interrogatories 2 and 3. The Staff hereby adds the following individuals, whose credentials are attached, to the list of expert witnesses who may be called at the hearing:

1. Ralph O. Meyer, Senior Technical Advisor, Safety Margins and Systems Analysis Branch, Division of Systems Analysis and Regulatory Effectiveness, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission. Dr. Meyer has expertise in reactor fuel behavior.

He has not served as a witness or given affidavits in prior proceedings within the past four years. If he is called as a witness, Dr. Meyers testimony will be related to issues raised in Contention I, specifically issues relating to fuel

Diane Curran, Esq. April 21, 2004 relocation and to M5 cladding insofar as it is related to MOX fuel. His testimony will address the basis of the Staffs conclusion that use of the MOX LTAs is appropriate. Most of the documents supporting his opinions have been previously provided, and additional documents will be provided when identified by Dr. Meyer.

2. Harold Scott, Nuclear Engineer, Safety Margins and Systems Analysis Branch, Division of Systems Analysis and Regulatory Effectiveness, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission. Mr. Scott has expertise in reactor fuel behavior. He has not served as a witness or given affidavits in other proceedings within the past four years. If he is called as a witness, Mr. Scotts testimony will be related to issues raised in Contention I, specifically issues relating to fuel relocation and to M5 cladding insofar as it is related to MOX fuel. His testimony will address the basis of the Staffs conclusion that use of the MOX LTAs is appropriate. Most of the documents supporting his opinions have been previously provided, and additional documents will be provided when identified by Mr. Scott.

Please contact me if you have any questions regarding these responses.

Sincerely,

/RA/

Susan L. Uttal Counsel for NRC Staff cc w/enclosure: David A. Repka, Esq.

Lisa F. Vaughn, Esq.

w/o enclosure: Service list

ATTACHMENT C PRIVILEGE LOG

Document Description Document Privilege(s) Asserted Date Documents Responsive to General Interrogatory 3 and General Document Requests 1-3 for Undine Shoop 1 BAW-10238(P), Revision 1, MOX Fuel undated Proprietary Design Report 2 BAW-10238 RAI Response 12/5/03 Proprietary 3 BAW-10238 RAI Response 12/16/03 Proprietary 4 BAW-10238 RAI Response 12/19/03 Proprietary Documents Responsive to General Interrogatory 1 and General Document Requests 1-3 for Carl Beyer 5 Status of PNNLs Review of COPERNIC undated Deliberative Process MOX Applications (Chapter 13 of BAW-10231P) 6 Questions on Responses to Outstanding undated Deliberative Process RAIs for COPERNIC MOX Applications Received April 2003 7 List of Additional Questions from Review undated Deliberative Process of Chapter 13 of BAW-1231P 8 Questions from Review of Chapter 13 of undated Deliberative Process BAW-10231P 9 Technical Evaluation Report (Non- July 2003 Deliberative Process Proprietary Version) of BAW-10231P COPERNIC Fuel Rod Design Computer Code Chapter 13-MOX Applications 10 Safety Evaluation Report of the Topical October Deliberative Process Report BAW-10227P (Evaluation of 1999 Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel Documents Responsive to General Interrogatory 3 and General Document Requests 1-3 for R.R. Landry 11 Partial Response to Request for 10/3/2003 Proprietary Additional Information Regarding the Use of Mixed Oxide Lead Fuel Assemblies, letter from James Mallay to USNRC.

12 Response to Request for Additional 11/3/2003 Proprietary Information Regarding the Use of Mixed Oxide Lead Fuel Assemblies, letter from H. B. Barron to USNRC.

Documents Responsive to General Interrogatory 3 and General Document Requests 1-3 for Stephen La Vie 13 E-mail, Duke MOX 3/10/2004 Deliberative Process 14 E-mail, Re: Duke MOX 3/1/2004 Deliberative Process 15 E-mail, RE: MOX ARP libraries 1/7/2004 Deliberative Process 16 E-mail, Re: MOX LTA Rod internal void 12/19/2003 Deliberative Process volume 17 E-mail, Re: Fwd: Core avg. LHGR for 12/16/2003 Deliberative Process CATAWBA 18 E-mail, Re: Fwd: Core avg. LHGR for 12/16/2003 Deliberative Process CATAWBA 19 E-mail, Re MOX source term 12/2/2003 Deliberative Process 20 E-mail, Duke Power MOX; Power 11/19/2003 Deliberative Process Histories and other data Documents General Document Requests 1-3 for Robert Martin 21 Revised SE for Topical Report BAW- 2/4/2000 Proprietary 10227P, Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel Documents Responsive to General Document Request 3 22 Memorandum to John A. Nakoski from 3/4/2004 Deliberative Process Frank M. Akstulewicz, Catawba Nuclear Stations, Units 1 and 2, Request for Exemption Related to Lead Test Assemblies to Permit Use of M5 Cladding Material and Pu-Enriched Mixed Oxide Fuel

23 Memorandum to John A. Nakoski from 3/4/2004 Deliberative Process Robert L. Denning, Safety Evaluation Input for Proposed Amendments to the Facility Operating License and Technical Specifications to Allow Insertion of Four Mixed-Oxide Fuel Lead Test Assemblies at Catawba Nuclear Station Units 1 and 2 (TAC Nos MB7863 and MB7864) 24 Memorandum to John A. Nakoski from 3/22/2004 Deliberative Process Robert L. Denning, Safety Evaluation Input for Proposed Amendments to the Facility Operating License and Technical Specifications to Allow Insertion of Four Mixed-Oxide Fuel Lead Test Assemblies at Catawba Nuclear Station Units 1 and 2, Revision 1 (TAC Nos MB7863 and MB7864)

Documents Responsive to Specific Interrogatory 1 25 E-mail from Carl Beyer to Undine Shoop 4/6/2004 Work Product 26 E-mail from Carl Beyer to Undine Shoop 4/6/2004 Work Product 27 COPERNIC Fuel Rod Design Code, undated Proprietary Chapter 13 28 Partial Response to RAI on Chapter 13 4/26/2002 Proprietary of BAW-10231P 29 Partial Response to RAI on Chapter 13 7/17/2002 Proprietary of BAW-10231P 30 RAI Response on COPERNIC 7/17/2002 Proprietary 31 Final Responses to RAIs on Chapter 13 4/18/2003 Proprietary of BAW-10231P Documents Responsive to Specific Request for Admission1 32 E-mail from Ralph Meyer to Undine 4/1/04 Work Product Shoop Responses to Specific Requests I-2, I-4, I-5, and I-8 33 R. Meyer notes for EDO staff meeting, 1/19/2001 Deliberative Process Applicability of 10 CFR 50.46 to M5 and Zirlo Cladding, 34 T.A. Coleman (Framatome) letter to NRC 2/22/2001 Proprietary Document Control Desk, Oxidation Criteria for LOCA Conditions,

35 R. Meyer presentation slides for 6/14/2001 Deliberative Process Zimmerman briefing, ZIRLO and M5 Reviews 36 J. F. Mallay (Framatome) Letter to M. 7/12/2001 Proprietary Chatterton (NRC), Translated Viewgraphs from Lyon, France 37 R. Meyer presentation slides for Petition 3/14/2002 Deliberative Process Review Board, LOCA Embrittlement Criteria 50.46(b)(2) Maximum Cladding Oxidation Documents Responsive to Specific Document Request II-4 38 Draft Progress Report on Mixed Oxide 12/2003 Proprietary; (MOX) Versus Low Enriched Uranium Deliberative Process (LEU) Fuel Severe Accident Response-Sandia National Laboratory 39 Evaluation of the Fission Product Unknown Deliberative Process Inventory of MOX Lead Test Assemblies by Stephen F. LaVie 40 Informal table prepared by Stephen F. unknown Deliberative Process LaVie entitled 17x17 PWR Assembly, Curies at Discharge (includes structural material) from Sandia Report