ML041470075
| ML041470075 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/18/2004 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7778 | |
| Download: ML041470075 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7778 DOCKETED 05/18/04 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: SERVED 05/18/04 Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORA TION ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) May 18, 2004 ORDER (Confirming Matters Addressed at May 14, 2004, Conference)
On May 14, 2004, a conference was held in this proceeding,1 to consider various matters relating to proposed redactions of portions of the Licensing Boards April 12, 2004, Memorandum and Order (Ruling on Security-Related Contentions), and to the schedule for discovery and hearing of the non-security-related contentions in the proceeding. The former, security-related matters were discussed in a closed session, which was followed by a public session to address the latter, non-security-related matters. The following dates were set with regard to both the security-related and the non-security-related matters, some of which have been changed due to the continuing serious condition of Dr. Lymans father:
- 1. All parties shall submit any further comments and argument relating to proposed redactions to the Boards April 12 Memorandum and Order no later than Thursday, May 20, 1
This proceeding involves Dukes February 2003 application to amend the operating license for its Catawba Nuclear Station to allow the use of four mixed oxide (MOX) lead test assemblies (LTAs) at the station. By Memorandum and Order dated March 5, 2003, Petitioner Blue Ridge Environmental Defense League (BREDL) was admitted as a party in the proceeding, after having filed a petition to intervene and request for hearing in response to a July 2003 Federal Register notice concerning this application. See LBP-04-04, 59 NRC ___ (2004); 68 Fed. Reg. 44,107 (July 25, 2003). Additional background on this proceeding is provided in LBP-04-04, as well as in an April 12, 2004, Memorandum and Order (Ruling on Security-Related Contentions), which was, when issued, sealed as Safeguards Information, but a redacted version of which will be published in the near future.
2004. Thereafter, the Board will issue to the parties the proposed redacted Memorandum and Order to be published, providing the parties a limited period of time within which to indicate any intent to appeal any redacted or non-redacted portions, after which a redacted public version of the Memorandum and Order shall be published, containing the Boards redactions, as well as any provisional redactions proposed by any party pending appeal.
- 2. BREDL shall provide any remaining discovery responses on non-security-related issues no later than May 24, 2004, unless further problems prevent this. Notice of any such problems shall be timely provided if they should occur. Duke and the Staff agreed not to depose Dr. Lyman on Contention I if the June hearing date on it can be kept. Tr. 1901.
- 3. A telephone status conference shall be held May 28, 2004, at 9:30 a.m., to address any discovery disputes that may arise, along with any other appropriate matters. By the same date, the parties shall report to the Board on the results of their settlement negotiations on Contention II.
- 4. Prefiled written direct testimony on Contention 1 shall be filed no later than June 2, 2004. Any prefiled written rebuttal testimony on Contention 1 shall be filed no later than June 8, 2004.
- 5. The hearing on Contention 1 shall be held, as previously planned, absent extreme and unavoidable circumstances, in Charlotte on June 15-16, 2004, continuing into the morning of June 17 if necessary. Limited appearance statements shall be heard on June 15 from 6:00 to 8:00 p.m. at a location to be announced.
- 6. If Contention II is not settled and a hearing is required, the parties shall attempt to set a date for any necessary deposition of Dr. Lyman on Contention II during the second week of June; prefiled written direct testimony shall be filed July 1; any prefiled written rebuttal testimony shall be filed July 8; and the hearing on Contention II shall be held in Rockville on July 15, 2004.
If such a hearing is held on July 15, the previously-scheduled closed session for 1:00 p.m. the
same date would be moved to July 16, 2004, at 10:00 a.m. Otherwise, the closed session shall be held, as previously planned, on July 15 at 1:00 p.m.
- 7. All other previously-set deadlines and dates shall remain the same.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland 2
May 18, 2004 2
Copies of this Memorandum and Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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 the foregoing LB ORDER (CONFIRMING MATTERS ADDRESSED AT MAY 14, 2004, CONFERENCE) have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Henry B. Barron, Executive Vice President Antonio Fernández, Esq. Nuclear Operations Margaret J. Bupp, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop - O-15 D21 P.O. Box 1006 U.S. Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.
Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.
729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (CONFIRMING MATTERS ADDRESSED AT MAY 14, 2004, CONFERENCE)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Mark J. Wetterhahn, Esq. Mail Code - PB05E Winston & Strawn LLP 422 South Church Street 1400 L Street, NW P.O. Box 1244 Washington, DC 20005 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 18th day of May 2004