ML041270162

Response to Request for Additional Information - Mixed Oxide Fuel Lead Assemblies (Security)

ML041270162
Person / Time
Site:	Catawba
Issue date:	04/13/2004
From:	Barron H Duke Energy Corp, Duke Power Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
TAC MB7863, TAC MB7864
Download: ML041270162 (5)

Text

Duke Duke Power t 9 Power.Energy Center ADwPowerC P.O. Box 1006 A Duke Energy Company Charlotte, NC 28201-1006 April 13,2004 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555

Subject:

Duke Energy Corporation Catawba Nuclear Station, Units 1 & 2, Docket Nos. 50413, 50-414 Response to Request for Additional Information (TAC Nos. MB7863, MB7864)

Mixed Oxide Fuel Lead Assemblies (Security)

By letter dated February 27, 2003, Duke Energy Corporation submitted an application to amend the McGuire Nuclear Station and Catawba Nuclear Station operating licenses to allow the use of four mixed oxide (MOX) fuel lead assemblies. Associated with that application, Duke Energy provided separate security-related information (the "security submittal") to the NRC on September 15, 2003. The security submittal has been designated as NRC Safeguards Information in accordance with 10 CER § 73.21.

On March 1, 2004, Duke Energy provided responses to an NRC Staff request for additional information (RAIs) concerning the security submittal. Certain aspects of Duke Energy's March 1, 2004 RAI response required conforming changes to Attachment 1 of the September 15, 2003 security submittal. On March 9, 2004 Duke submitted conforming changes, to Attachment I of the September 15, 2003.

On March 31, 2004 the NRC staff requested that Duke include details contained in the March 1, 2004 RAI responses directly into the revised communicated in the March 9, 2004 submittal. Attachment I to this correspondence contains the requested inclusion of detail.

The NRC Staff has previously determined that counsel to the Blue Ridge Environmental Defense League (BREDL), an intervenor in this proceeding, and BREDL's technical expert, Dr.

Edwin Lyman, has established a "need to know" regarding the contents of the security submittal.

Duke Energy further understands that the NRC Staff has determined that BREDL has a "need to know" regarding RAIs and previously submitted Duke RAI responses relating to the security submittal. Therefore, while the "need to know" determination regarding the revised Attachment 1 thus appears to be predetermined, we ask that the Staff expeditiously make its formal finding, consistent with the Protective Order and past practice in this proceeding.

By this letter, Duke Energy requests that this entire submittal be forwarded to the presiding Atomic Safety and Licensing Board in this proceeding.

1'

Attachment I provides the content in response to the staff request. In addition to the Plan there will be a detailed procedure which will include details in Attachment 1 as well as additional details of implementation and additional controls that may be implemented at Catawba. The NRC Staff is also aware of the current industry effort to standardize Security Plan format and level of detail. Attachment 1 to this submittal has not been prepared in that format. However, the content of Attachment 1 will be translated into that format as appropriate for Duke's submittal associated with the industry effort.

Inquiries on this correspondence should be directed to M.T. Cash at (704) 382-5826.

H.B. Barron Executive Vice President - Nuclear Generation Duke Energy Corporation ATTACHMENTS CONTAIN SAFEGUARDS INFORMATION

i Oath and Affirmation I affirm that I, H.B Barron, am the person who subscribed my name to the foregoing, and that all the matters and facts set forth herein are true and correct to the best of my knowledge.

H.B. Barron J3rfi Subscribed and sworn to before me on this -il__

day of b tLpr I

W0O Y A° dr czI Notary Public My Commission expires:

MICHAEL T. CASH Notary Public Lincoln County, North Carolina Commission Expires January 22, 2008 Ja6nuary 22, 2c0'&

Date

'I.;

I.

ATTACHMENTS CONTAIN SAFEGUARDS INFORMATION

Cc:/ with Safeguards attachments R. E. Martin (addressee only)

NRC Project Manager U. S. Nuclear Regulatory Commission Mail Stop 0-8G9 Washington, DC 20555-0001 cc: cover letter only L. A. Reyes U. S. Nuclear Regulatory Commission Regional Administrator, Region II Atlanta Federal Center 61 Forsyth St., SW, Suite 23T85 Atlanta, GA 30303 E. F. Guthrie Senior Resident Inspector U. S. Nuclear Regulatory Commission Catawba Nuclear Station J. B. Brady Senior Resident Inspector U. S. Nuclear Regulatory Commission McGuire Nuclear Station H. J. Porter, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control Columbia, SC 29201 A TTA CHMENTS CONTAIN SAFEGUARDS INFORMATION

bcc: cover letter only Richard Clark-DCS Patrick Rhoads-DOE David Alberstein-DOE Don Spellman-ORNL NCMPA-1 NCEMC PMPA SRE bcc: cover letter only (paper copy)

NRIA File/ELL - ECO5O MOX File 1607.2304 Catawba Document Control File 801.01-CN04DM Catawba RGC Date File (J. M. Ferguson - CNOISA)

ATTACHMENTS CONTAIN SAFEGUARDS INFORMATION DC:348464.1