ML041400514
| ML041400514 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/10/2004 |
| From: | Repka D Duke Energy Corp, Winston & Strawn, LLP |
| To: | Blue Ridge Environmental Defense League, Office of Nuclear Reactor Regulation |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7788 | |
| Download: ML041400514 (12) | |
Text
I I
'FA5 f7ŽS SU.ATW GORRESPONDENGE I
May 10, 2004 UNITED STATES OF AMERICA DOCKETED USNRC NUCLEAR REGULATORY COMMISSION May 18, 2004 (4:52PM)
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of: )
)
DUKE ENERGY CORPORATION )
) Docket Nos. 50-413-OLA (Catawba Nuclear Station, ) 50-414-OLA Units 1 and 2) )
)
)
DUKE ENERGY CORPORATION'S RESPONSE TO BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S SECOND DISCOVERY REQUEST I. INTRODUCTION In accordance with the schedule established by the Atomic Safety and Licensing Board ("Licensing Board") in its March 30, 2004 "Corrected Order (Confirming Matters Addressed at March 25 Telephone Conference)," Duke Energy Corporation ("Duke") hereby files its Response to the April 26, 2004 "Blue Ridge Environmental Defense League's Second Set of Discovery Requests to Duke Energy Corporation." That discovery request seeks the production of certain documents in connection with BREDL Contentions I and IIL This response includes certain proprietary documents that are governed by the Protective Order issued by the Licensing Board on April 8, 2004.' Such documents have been identified as proprietary in the index of documents (Attachment 1) included with this response, l "Memorandum and Order (Protective Order Governing Non-Disclosure of Proprietary Information)" (April 8,.2004).
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and the copies of the documents provided have been marked accordingly. These documents must be handled by BREDL in accordance with the Protective Order. 2 II. RESPONSES A. Requests for Production of Documents on BREDL Contention I BREDL PRODUCTIONREOUESTNO.1-2: Any andall documents containingDuke 's analysis of cross-flow between LEU fuel, MOX fuel, and "Next Generation"fuel, as described in Duke 'spresentationto the NRC Staff of April 23, 2004.
Duke Response to Production Request No. 1-2:
The documents produced in response to this request are listed in Attachment 1 to this Response.
BREDL PRODUCTIONREOUESTNO. 1-3: Any andall documents discussingDuke 's determinationof the appropriateexclusion zone betweenfuel types.
Duke Response to Production Request No. 1-3:
The documents produced in response to this request are listed in Attachment 1 to this Response.
BREDL PRODUCTION REQUEST NO. I-4: The Design Review Packagesfor LEU fuel, MOXfuel, and Next Generationfuel.
Duke Response To Production Request No. I-4:
The documents produced in response to this request are listed in Attachment 1 to this Response.
Note that Request No. 1-4, as worded by BREDL, is vague. The discovery request does not define a "Design Review Package." Nor is Duke aware of a standardized or industry-wide definition of the term "Design Review Package" that would assist Duke in identifying relevant documents with precision. Read literally, the "Design Review Packages" for 2 Counsel for BREDL and BREDL's technical consultant executed a Confidentiality and Non-Disclosure Agreement in accordance with the Protective Order on April 13, 2004.
2
"LEU fuel" could encompass all fuel assembly designs used at Duke Energy since the initial operation of the Catawba Nuclear Station, because all fuel used to date at Catawba has been LEU fuel. Information on LEU fuel designs other than the Next Generation Fuel ("NGF") design and the Robust Fuel Assembly ("RFA") design currently used or to be used at Catawba co-resident with the MOX fuel lead assemblies could have no possible relevance to the contentions in this proceeding. Accordingly, in a good faith effort to respond to this request, Duke has provided documents in its possession that address fuel design transition reviews for RFA fuel and NGF fuel. There is no comparable fuel design transition review documentation for MOX fuel presently in Duke's possession. Fuel design transition review documentation will be generated by Duke later this year, consistent with the standard reload design schedule as implemented for Catawba Unit 1, Cycle 16.
BREDL PRODUCTIONREQUEST NO. I-5: Duke 's proceduresfor monitoringfuel reliability and the actions planned upon detection of increased radioactivity in the primary coolant water.
Duke Response to Production Request No. 1-5:
The documents produced in response to this request are listed in Attachment 1 to this Response.
Note that this discovery request references "procedures," but does not provide a definition of "procedure" or limit the scope of the term. The term "procedures" potentially could include various categories of documents, including station technical procedures, station operating procedures, and administrative procedures. Additionally, this discovery request could be interpreted as seeking production of all revisions of such "procedures" that have ever been used at all three Duke nuclear stations since initial operation - including control copies, working 3
copies, completed procedures, and draft changes of such procedures. Such an approach would be unduly broad and burdensome.
Moreover, a number of "procedures" used for sampling, analysis or surveillance of the primary reactor coolant system and other fuel related activities could fall within the scope of this discovery request. These procedures also exist in various physical forms. Discovery of all of these "procedures" for "monitoring" and "actions" would be unduly burdensome, largely historical in nature, and would have no possible relevance to the contentions in this proceeding.
Accordingly, in a good faith effort to respond to this request, Duke has provided corporate programmatic procedures that detail fuel integrity monitoring requirements and associated actions. Duke has in response to this request supplied the current copy of the departmental directive, the current copy of the section procedure, and a draft proposed copy of the section procedure. These documents are listed in Attachment 1 to this response.
B. Request for Production of Documents on BREDL Contention II BREDL PRODUCTION REQUEST ANO. H1-7. Any and all documents containing Duke's analysis of datafrom 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 BREDL's understanding that the NRC Staff has recently come into possession of this information.
Duke has not done an analysis of data from thle VERCORS test series. It is Duke's understanding that the VERCORS data is proprietary. Duke has not obtained this data.
To the extent BREDL believes that "the NRC Staff has recently come into possession of this information," inquiries regarding the VERCORS test series should be directed to the NRC Staff.
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Respectfully submitted, David A. Repka Anne W. Cottingham 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 1 0& day of May 2004 5
Attachment I Index to Documents Produced in Response to BREDL Second Request ocuent Dcumnt )ae o Bginlin 'Endhig, esponswe esriptlon Tye Dcmn ~ts Ia es T rpitr Transition Core Cross Flow Velocity Comparison/One 008849 008851 1-2 No Advanced Mark-BW (MOX) in RFA core Nuclear Policy 008852 008911 1-5 Yes Manual Guidelines for Fuel Reliability 12/20/2002 008912 008923 I-5 Yes Management Program, Revision 2 Guidelines for Fuel Reliability May, 2004 008924 008935 I-5 Yes Management Program, Revision 3 Yes -
Jocelyn Petty to Westinghouse David Stucker re 99DA-G-0066; DukeFuel AssemblyLette ith 10/11/1999 008936 008994 1-4 10/11/99, Duke DukoFelassebily Attachments Fuel Assembly Compatibit Compatibility Engineering Review Engineering Review Certification of III.B Engineering General Calculation - Core Includes CD 3/24/2004 008995 009056 Document No Isotopics and Source Attachment Production Term for PRA Level Request #1 III AnalysesR
- Documents were previously provided with "Duke Energy Corporation's First Supplemental Response to Blue Ridge Environmental Defense League's First Discovery," dated May 5, 2004.
1
ocuen Dcumetoft Date of egmulix Endinig ResPosiv~
esrpinTp ouint ~ ae Bts. T r itar Certification of Engineering III.B.
Calculation - (NUC) udes CD General Catawba Nuclear AttachmdentC 5/4/2004 009057 009118 Document Yes Station LEU Versus Attachment Production MOX Core PRA Request #1 Risk Analysis*
Yes - Contains Westinghouse NGF-03-127, Next Generation Rev. 1, Fuel Program - Binder 6/30/2003 009119 009562 I-4 NGF Catawba 1 estinghouse Lead Test Assemblies Design Closeout
.___ _ _Package Yes - Contains ertification of Westinghouse Engineering 5/15/03 - MFRD-Calculation - 03-92: Impact of Eunctionally 8/15/2003 009563 009610 1-4 Optimized Zirlo Eauton of the (T') on Fuel and Westinghouse Next Fuel Assembly Generation Fuel Growth and (NGF) Assembly Thermal Expansion Certification of Yes - Contains Engineering 9/27/99 - 99DA-Calculation - G-0059, evision Log; Westinghouse unctionality 4/16/2002 009611 009686 1-4 Fuel Design valuation of the conmmendations Westinghouse 17x17 for Catawba 2 Standard Robust Cycle 11 uel Assembly
- Documents were previously provided with "Duke Energy Corporation's First Supplemental Response to Blue Ridge Environmental Defense League's First Discovery," dated May 5, 2004.
2
oCiMen escriptio bouet Type 1 Dt ae es Wo~mct ttd"I g~inningtdn s
9,CPOIS sosv TFroprietay Yes - Figures based on other corporate entities A T/H Analyses 009687 009690 I-2 data or vendor data; marked as Proprietary (no attribution of source)
Yes - Contains Westinghouse 009691 009709 1-2, I-3 FGF Grid Elevations CiC15 Core Model (Drawing)
Yes - Contains Westinghouse Duke Fuel Assembly P02-99-275; Compatibility 10/22/1999 009710 009720 1-4 10/22/99, Duke ngmeering Review Fuel Assembly 99-1 Compatibility Frequency Review 99-2 Certification of Yes - Contains ngmeering Westinghouse Calculation - NGF 133/NF-evision Log; 7/10/2003 009721 009753 I-2 DA-03-80; R WC -
Wstinghouse NGF 2M; Correlation uel Assembly T-H Applicability for ode and LTA NGF LTAs; UPA Limits 5/30/03 Certification of Engineering 3/20/2003 009754 009800 1-3 No Calculation Engineering Review 99-1 Duke F/A 10/21/1999 009801 009809 14 No Compatibility
-mail from Kenneth Epperson re 9/10/2003 009810 009812 1-2 No esponse to MOX RAIs 3
N oc0mntDOcumen6"tj,~, ot ginnhin JThit ng espnsieR Memo from Kenneth Opperson re VIPER Loop Flow Testing 10/1/1999 009813 009813 I-2 No ofthe RFA at Columbia_
Yes -Contains Memo/Attachments Westinghouse re Duke Fuel 10/6/99 Duke ssembly10/6/1999 009814 009871 I-4 Fuel Assembly Compatibility Compatibility Engineering Review Engineering 99-1 Review 99-1; PD1-99-163 Fuel Assembly Compatibility Westinghouse Report for the 10/6/99 PDW Supply of l7x171069PD99 WH Robust Fuel 9/1/1999 009872 009925 1-4 163 DP, ssemblies to the Compatibility Catawba and sP Engineering McGuire Units Memo w/ Yes - Contains Attachments from Westinghouse Ronald Knott to G. 5/30/03 NGF Boock
- t. re 5/30/2003 009926 009943 1-4 134, Databook atabookUi1 Catawba Unit 1; DCCQ 17NGF DCCQ17NGF LTAs LTAs
-mail from Kenneth Epperson to Robert J. Buechel re 10/18/1999 009944 009944 1-2 No QRTN2&3 Pressure Drop Test Results 4
dtu~~D 6'4 gI3ninnIn Ending Responsi Yes - Contains Westinghouse 5/20/03 - NGF-Next Generation 03-127, DR01-4:
Fuel Program - Binder 5/20/2003 009945 010385 1-4 17 NGF Catawba Westinghouse 1 Lead Test Assemblies Design Closeout Package Yes - Contains Westinghouse Next Generation NGF-02-144, Fuel Program - Binder 10/11/2002 010386 010842 1-4 Design and Westinghouse Manufacturability Review Package;
__ 10/11/02 Program 2/12/2003 010843 010871 I-3 No Epperson Memo re CIC15 Reload Design Safety 7/15/2003 010872 010905 I-3 No Analysis Review (REDSAR)
Checklist
-mail with attachments re Original Mark-BW 5/5/2004 010906 010911 I-2 No ift/crossflow data -
revised plots E-mail re Original Mark-BW 5/5/2004 010912 010913 1-2 No lift/crossflow data -
revised plots 5
6 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 BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S SECOND DISCOVERY REQUEST," in the captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 10" day of May, 2004. Additional e-mail service, designated by **, has been made this same day, as shown below.
Documents being provided in connection with this response have been served by hand courier for receipt this same day by counsel for Blue Ridge Environmental Defense League and the NRC Staff (identified by t).
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: elleman(eos.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 1
Susan L. Uttal, Esq. **t Diane Curran **f Antonio Fernandez, Esq. ** Harmon, Curran, Spielberg &
Margaret J. Bupp** Eisenberg, LLP Office of the General Counsel 1726 M Street, N.W.
U.S. Nuclear Regulatory Commission Suite 600 Washington, DC 20555 Washington, DC 20036 (e-mail: slugnrc.gov) (e-mail: dcurrangharmoncurran.com)
(e-mail: axf2@nrc.gov)
(e-mail: mjb5@nrc.gov)
David A. Repka Counsel for Duke Energy Corporation 2
DC:356544.2