ML041620378

Duke Energy Corporation'S First Supplemental Response to Blue Ridge Environmental Defense League'S Second Discovery Request

ML041620378
Person / Time
Site:	Catawba
Issue date:	06/03/2004
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 7909
Download: ML041620378 (6)

Text

June 3, 2004 DOCKETED USNRC UNITED STATES OF AMERICA June 9,2004 (11:22AM)

NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY BEFORE THE ATOMIC SAFETY AND LICENSING BOARD RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of: )

)

DUKE ENERGY CORPORATION )

) Docket Nos. 50-41 3-OLA (Catawba Nuclear Station, ) 50-414-OLA Units l and 2) )

)

)

DUKE ENERGY CORPORATION'S FIRST SUPPLEMENTAL RESPONSE TO BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S SECOND DISCOVERY REQUEST On May 10, 2004, Duke Energy Corporation ("Duke") filed a Response to the April 26, 2004, "Blue Ridge Environmental Defense League's Second Set of Discovery Requests Directed to Duke Energy Corporation ("BREDL's Second Set"). Consistent with the direction of the Licensing Board in Paragraph 15 of its "Corrected Order (Confirming Matters Addressed at March 25 Telephone Conference)," addressing the parties' obligation to supplement discovery responses in this proceeding, Duke herein provides its first supplement to its previous response to'BREDL's Second Set.

This supplemental response provides additional documents identified by Duke as responsive to Requests I-2, 1-3, and 1-4 in BREDL's Second Set. Those requests were as follows:

BREDL PRODUCTIONREQUESTNO. 1-2: Any and all documents containingDuke 's analysis of cross-flow between LEU fuel, MOX fuel, and "Next Generation"fuel, as describedin Duke 'spresentationto the NRC Staff ofApril 23, 2004.

BREDL PRODUCTIONREOUESTNO.I-3: Any andall documents discussingDuke's determinationofthe appropriateexclusion zone betweenfuel ypes.

7e~p/opse.=se cy-~ C)35 c5Cy)- 0o

BREDL PRODUCTION REQUEST NO. I-4: The Design Review Packagesfor LEU fuel, MOXfuel, and Next Generationfuel.

Attachment 1 identifies the documents being provided and the request to which each responds.

With respect to the response to Request No. 1-2, Duke is conservatively providing additional cross-flow information. These charts in the documents provided are a tabulation and an effective representation of numerical data contained in computer outputs that are several hundred pages each. The computer outputs are not provided because they are duplicative and because of the bulk involved.

This supplemental response includes documents that are proprietary to Duke or to Westinghouse, a Duke contractor. The proprietary documents are being disclosed subject to the Protective Order issued by the Licensing Board on April 8, 2004.1 The documents have been identified as proprietary in the index of documents (Attachment 1), and the copies have been marked accordingly.

X "Memorandum and Order (Protective Order Governing Non-Disclosure of Proprietary Information)" (April 8, 2004). The document is also subject to the Confidentiality and Non-Disclosure Agreement executed by Duke and BREDL in accordance with the Protective Order on April 13, 2004, as modified by letter agreement dated May 10, 2004.

2

Respectfully submitted, David A. Repka 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 3rd day of June 2004 3

Attachment I Documen BeiAngDdn lots of Cross low 010914 010919 1-2 No Memo to file re ClC15 NGF 2/19/2003 010920 010927 1-3 No LTA Program Draft Design Reporti- 12/17/2002 010928 010957 I-4 Yes Westinghouse Certification o0 Engineering 6//2004 010958 010971 I-2 Yes Calculation

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 FIRST SUPPLEMENTAL 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 3 day of June, 2004. Additional e-mail service, designated by **, has been made this same day, as shown below.

Copies including the documents being provided in connection with this filing have been served by courier only to 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: BEARINGDOCKET@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 **t 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: slu(0nrc.gov) (e-mail: dcurraneharmoncurran.com)

(e-mail: axf2@nrc.gov)

(e-mail: mjb5@nrc.gov)

David A. Repka Counsel for Duke Energy Corporation 2

DC:360171.1