ML041320221

Catawba - NRC Staff Response to the Blue Ridge Environmental Defense League'S Second Set of Discovery Requests

ML041320221
Person / Time
Site:	Catawba
Issue date:	05/10/2004
From:	Bupp M NRC/OGC
To:
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7746
Download: ML041320221 (6)

Text

RELATED CORRESPONDENCE May 10, 2004 RAS 7746 DOCKETED 05/12/04 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

) 50-414-OLA

)

(Catawba Nuclear Station )

Units 1 and 2) )

NRC STAFFS RESPONSE TO THE BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUES SECOND SET OF DISCOVERY REQUESTS TO NRC STAFF INTRODUCTION On April 26, 2004, the Blue Ridge Environmental Defense League (BREDL) filed the Blue Ridge Environmental Defense Leagues Second Set of Discovery Requests to NRC Staff (Request) in the above-captioned matter. BREDLs Request consists of three requests for the production of documents: Requests No. I-9, II-5, and II-6. The NRC Staff (Staff) filed its objections to BREDLs Request on April 30, 2004. The Staff hereby reiterates and renews each of its objections to BREDLs Request set forth in the Staffs Objection.

Without waiving these objections, the Staff hereby responds voluntarily to BREDLs interrogatories and voluntarily provides responses to BREDLs requests for production of documents. The Staff notes that it is not required to respond to BREDLs Request absent prior findings of the Atomic Safety and Licensing Board (Board) that such response should be required pursuant to 10 C.F.R. § 22.744(d).1 By providing documents in response to BREDLs Request, the 1

10 C.F.R. § 2.744(c) provides that if the Executive Director for Operations (EDO) objects to producing a record or document, the requesting party must make written application to the presiding officer to compel production, and the document is then to be reviewed in camera by the presiding officer. 10 C.F.R. § 2.744(d) provides that the presiding officer must determine that (1) the document or record is relevant, (2) its production is not exempt from disclosure under §2.790, (continued...)

Staff is not conceding that any of the documents provided are material to, relevant to or within the scope of the proceeding. The Staff reserves the right to object to the introduction of any of these answers at hearing on the grounds that they are immaterial, irrelevant or outside the scope of the proceeding. In addition, the Staff reserves the right to amend its discovery responses through supplements as new information becomes available.

RESPONSES REQUEST NO. I-9 Any and all documents containing the Staffs evaluation of the relationship between the behavior of "Next Generation Fuel" and MOX fuel, as discussed in Dukes April 23, 2004, presentation to the NRC Staff.

STAFF RESPONSE: The staff provides the following documents in response to Request No. I-9. Those documents that are publicly available are noted along with their locations. All other documents are attached. Documents exempt from disclosure under 10 C.F.R. § 2.790 and principles of discovery applicable in this proceeding are identified in the attached privilege log.

1. Meeting Notice for April 23, 2004 meeting between NRC Staff and Duke Energy Corporation to discuss the Westinghouse New Generation Fuel (NGF) design as it may relate to the MOX Lead Test assembly core (April 16, 2004).

(Previously provided)

2. Letter from R. Martin, NRC, to H. B. Barron, Duke Energy, "Catawba Nuclear Station, Units 1 and 2 - Request for Additional Information (RAI) Concerning Mixed Oxide Lead Fuel Assemblies (TAC Nos. MB7863 and MB7864)," April 30, 2004.

(ADAMS ML041210512)

3. "Summary of Meeting on April 23, 2004, with Duke Energy on Mixed Oxide Fuel,"

April 30, 2004 (with

Enclosures:

List of Meeting Participants and Dukes Handouts).

(Previously provided)

4. Memorandum from D.M. Jamil, Duke Energy Corporation, "Duke Energy Corporation, Catawba Nuclear Station Unit 1 and Unit 2, Docket Numbers 50-413 and 50-414, 2003 10 CFR 50.59 Report," April 5, 2004. (ADAMS ML041050121) 1

(...continued) or if exempt, that its disclosure is necessary to a proper decision in the proceeding, and (3) the information contained in the record or document is not reasonably obtainable elsewhere, before obtaining the EDO to produce the document.

5. Letter from J. Galembush, Westinghouse Electric Company, to J.S. Wermiel, NRC, "Copy of Slide Presentation Material for the Westinghouse Semi-Annual Fuel Per f or m ance Updat e Meet ing of Decem ber 9- 10, 2003, (Proprietary/Non-Proprietary)," December 4, 2003. (ADAMS ML033560279).

6. "Westinghouse Presentation on Westinghouse Fuel Performance Update Meeting,"

(Slide Presentation), December 9-10, 2003 (Non-Proprietary).

(ADAMS ML033560280)

REQUEST NO. II-5. Any and all documents containing data from the VERCORS test series that was referred to by members of the Reactor Fuels Subcommittee of the Advisory Committee on Reactor Safeguards that was held at the NRC on April 21, 2004. Based on statements made by ACRS members at that meeting, it is BREDLs understanding that the NRC Staff has recently come into possession of this information.

STAFF RESPONSE: The staff provides the following documents in response to Request No. II-5. Those documents that are publicly available are noted along with their locations. All other documents are attached. Documents exempt from disclosure under 10 C.F.R. § 2.790 and principles of discovery applicable in this proceeding are identified in the attached privilege log.

1. "IPSN Presentation ; Fission Products Release from MOX Fuel,"

(Slide Presentation), February 19-21, 2002. (Attached).

2. "Influence of MOX Fuel in Fission Product Release up to Meltdown Conditions," P.P.

Malgouyres, et al., Communications at the Nureth ANS meeting.

(Available from ANS)

3. "Transcript of 2/19/2002 Source Term Applicability Panel." (ADAMS ML020770171)

4. "Transcript of 2/20/2002 Source Term Applicability Panel." (ADAMS ML020770189)

5. "Transcript of 2/21/2002 Source Term Applicability Panel." (ADAMS ML020770207)

REQUEST NO. II-6 Any and all documents containing the Staffs evaluation of the effect of using "Next Generation Fuel" and MOX fuel on the potential for or consequences of a severe accident at the Catawba nuclear power plant.

STAFF RESPONSE: See response to Request No. I-9.

Respectfully submitted,

/RA/

Margaret J. Bupp Counsel for NRC Staff Dated at Rockville Maryland This 10th day of May, 2004.

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

) 50-414-OLA

)

(Catawba Nuclear Station )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF'S RESPONSE TO THE BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUES SECOND SET OF DISCOVERY REQUESTS TO NRC STAFF in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system; and by e-mail as indicated by a double asterisk

(**), this 10th day of May, 2004.

Ann Marshall Young, Chair * ** Office of the Secretary * **

Administrative Judge ATTN: Docketing and Service Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Mail Stop: O-16C1 Mail Stop: T-3F23 Washington, D.C. 20555 U.S. Nuclear Regulatory Commission (E-mail: HEARINGDOCKET@nrc.gov)

Washington, DC 20555-0001 (E-mail: AMY@nrc.gov) Office of Commission Appellate Adjudication*

Anthony J. Baratta * ** Mail Stop: O-16C1 Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 Panel Mail Stop: T-3F23 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, DC 20555-0001 Adjudicatory File*

(E-mail: AJB5@nrc.gov) U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Thomas S. Elleman ** Washington, DC 20555 Administrative Judge Atomic Safety and Licensing Board Diane Curran, Esq. **

Panel Harmon, Curran, Spielberg 5207 Creedmoor Rd. #101 & Eisenberg, L.L.P.

Raleigh, NC 27612 1726 M Street, N.W., Suite 600 (E-mail: elleman@eos.ncsu.edu) Washington, DC 20036 (E-mail: dcurran@harmoncurran.com)

Lisa F. Vaughn, Esq ** David A. Repka, Esq. **

Legal Department Anne W. Cottingham, Esq. **

Mail Code - PB05E Mark Wetterhahn, Esq. **

Duke Energy Corporation Winston & Strawn LLP 426 S. Church Street (EC11X) 1400 L Street, N.W.

Charlotte, NC 28201-1006 Washington, D.C. 20005-3502 (E-mail: lfVaughn@duke-energy.com) (E-mail: drepka@winston.com acotting@winston.com)

/RA/

Margaret J. Bupp Counsel for NRC Staff