ML041270430
| ML041270430 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/30/2004 |
| From: | Curran D Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7722 | |
| Download: ML041270430 (4) | |
Text
WRAS -77~1 April 30, 2004 DOCKETED UNITED STATES OF AME RICA USNRC NUCLEAR REGULATORY CONIMISSION BEFORE THE ATOMIC SAFETY AND LI[CENSING BOARD May 5,2004 (1:03PM)
OFFICE OF SECRETARY RULEMAK1INGS AND In the Matter of: ) ADJUDICATI ONS STAFF Docket Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA (Catawba Nuclear Station, )
Units I and 2) )
BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S RESPONSE TO ASLB ORDER OF APRIL 23, 2004, AND REQUEST FOR OPPORTUNITY TO RESPOND TO NRC STAFF/DUKE PROPOSED ADDITIONAL REDACTIONS In accordance with the Atomic Safety and Licensing Board's ("ASLB's") Order (Regarding proposed Redaction of Portions of Memorandum and Order (Ruling on Security-Related Contentions)) (April 23, 2004), Blue Ridge Environmental Defense League ("BREDL")
hereby provides the ASLB with notice that it disputes only one of the Board's proposed redactions to its April 12, 2004, Memorandum and Order (Ruling on Security-Related Contentions).
BREDL believes that the ASLB should not redact the portion of the decision on the bottom of page 59, which describes the content of the regulatory requirements from which Duke seeks an exemption. As a matter of public policy, the NRC should not be permitted to hide from the public the identity of the regulations from which its licensees seek exemptions. Moreover, as NRC Staff has stated during this proceeding, the information ultimately will be released to the public if and when an exemption is granted.
/-ehmplate _k Ec yq 0#q 56 C-y- 0 ;k-
Yesterday, BREDL conveyed its comment to counsel for the NRC Staff and Duke by e-mail. Today, NRC Staff counsel informed BREDL's counsel that the Staff agrees with the ASLB's proposal to redact the information, without providing any substantive reason for its position. Duke's counsel has not responded to BREDL's e-mail.
At approximately 1:30 p.m. today, counsel for BREDL received, by messenger, a copy of the ASLB's April 12 Order with about 13 pages of proposed additional redactions by the NRC Staff and Duke. Because of other pressing obligations, BREDL's counsel will not have an
opportunity to-rcspond to these proposed redactions today. BREDL's counsel-also has major -
deadlines in three other cases on Monday, May 3. In addition, the ASLB has scheduled a conference call for the morning of Tuesday, May 4. Therefore, BREDL requests that the ASLB allow it until Wednesday, May 5, to respond to the Staff's and Duke's proposed additional redactions. This will allow BREDL sufficient time to prepare its comments on Tuesday and send them to the ASLB and parties by Federal Express. If BREDL has no disagreement with the NRC Staffs/Duke's proposed redactions, or can make its comments without discussing safeguards information, it will provide its comments electronically, by close of business on Tuesday.
Respectfully submitted, Diane-Curran -
Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 e-mail: dcurran(iharmoncurran.com April 30, 2004 2
CERTIFICATE OF SERVICE I hereby certify that on April 30, 2004, copies of Blue Ridge Environmental Defense League's Response to ASLB Order of April 23, 2004, and Request for Opportunity to Respond to NRC Staff/Duke Proposed Additional Redactions were served on the following by e-mail and/or first-class mail, as indicated below.
Ann Marshall Young, Chair Susan L. Uttal, Esq.
Administrative Judge Antonio Fernandez, Esq.
Atomic Safety and Licensing Board Kathleen A. Kannler, Esq.
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop T-3F23 Mail Stop 15 D21 Washington, D.C. 20555 U.S. Nuclear Regulatory Commission E-mail: AMY@nrc. gov Washington, D.C. 20555-0001 E-mail: slu~nrc.gov axf2@nrc.goy, Anthony J. Baratta KAK1@nrc.gov Administrative Judge Atomic Safety and Licensing Board Mary Olson U.S. Nuclear Regulatory Commission Southeast Office, Nuclear Information and Mail Stop: T-3F23 Resource Service Washington, D.C. 20555 P.O Box 7586 E-mail: AJB5@nrc. gov Asheville, NC 28802 E-mail: nirs. se~mindspring. comr Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Lisa F. Vaughn, Esq.
Mail Stop: 0-16C1 Legal Dept. (PB05E)
Washington, D.C. 20555 Duke Energy Corporation 526 South Church Street (ECI IX)
Thomas S. Elleman Charlotte, NC 28201-1006 Administrative Judge E-mail: l fVaughn~duke-energy. cor Atomic Safety and Licensing Board 4760 East .CountryYillaDrive _ Janet Marsh Zeller, Executive Director __
Tucson, AZ 85718 Blue Ridge Environmental Defense League E-mail: ellemanieos.ncsu.edu P.O. Box 88 Glendale Springs, NC 28629 David A. Repka, Esq. E-mail: BREDL@skybest. com Anne W. Cottingham, Esq.
Winston & Strawn, LLP 1400 L Street, N.W.
Washington, D.C. 20005-3502 E-mail: drepka~winston. com acotting~winston.com
Office of the Secretary (original and two copies)
ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, D.C. 20555 E-mail: HEARINGDOCKET@nrc. gi Diane Curran
.