ML041750327

Blue Ridge Environmental Defense League'S Motion for Leave to Withdraw Contention II and Request to Change Hearing Schedule for Contention I

ML041750327
Person / Time
Site:	Catawba
Issue date:	05/21/2004
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 7982
Download: ML041750327 (5)

Text

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WAS bf May 21, 2004 UNITED STATES OF AME RICA DOCKETED NUCLEAR REGULATORY CON4MISSION USNRC May 25,2004 (4:06PM)

BEFORE THE ATOMIC SAFETY AND UICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of: ) ADJUDICATIONS STAFF

) Docket Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA

)

(Catawba Nuclear Station, )

Units 1 and 2) )

BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S MOTION FOR LEAVE TO WITHDRAW CONTENTION II AND REQUEST TO CHANGE HEARING SCHEDULE FOR CONTENTION I Blue Ridge Environmental Defense League ("BREDL") hereby notifies the Atomic Safety and Licensing Board ("ASLB") that, due to unforeseen personal circumstances that have adversely affected BREDL's expert witness, Dr. Edwin S. Lyman, BREDL is unable to comply with the schedule for settlement negotiations on Contention II and hearings on Contentions I and II that the parties agreed to on May 14, 2004, and that the ASLB memorialized in its May 18, 2004, Order (Confirming Matters Addressed at May 14, 2004, Conference). Therefore, BREDL makes the following requests:

First, BREDL requests leave to withdraw Contention II. BREDL had hoped to be able to settle Contention II with Duke Energy Corporation ("Duke"), but Dr. Lyman has not been able to devote any time to the matter, due to his personal circumstances. Therefore, BREDL believes the best course would be to drop the contention, without prejudice to raising the same issues with respect to any application that Duke may file with respect to batch use of plutonium MOX fuel.

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Second, BREDL requests a change in the hearing schedule, such that the hearing on Contention I will take place at NRC's Rockville, Maryland, headquarters in mid-July. BREDL believes the hearing will take one to two days. BREDL has consulted with counsel for Duke and the NRC Staff regarding possible hearing dates. BREDL and Duke are available July 14 through

16. The NRC Staff has requested that the hearing be held on July 14th and 15 th, due to the unavailability of one of the NRC Staff's witnesses on July 1 6'h.

BREDL also suggests that the date of June 15 th be retained for a limited appearance session in Charlotte, North Carolina.

BREDL requests this schedule change because it is unable to comply with the current schedule for completing discovery responses by May 2 4 th, and submitting prefiled testimony by June 2 nd. Dr. Lyman has had to attend to his family during this entire week, and therefore has not been able to prepare discovery responses. BREDL is also concerned that given his personal obligations, Dr. Lyman will not have sufficient time to prepare testimony on Contention I by June 2nd In addition, BREDL's inability to complete discovery would prejudice the other parties' ability to prepare their own testimony. If the hearing on Contention I is moved to mid-July, BREDL has a more reasonable chance of completing its discovery responses in a timely fashion, and all parties will be better able to prepare for the hearing.

Therefore, BREDL requests that the ASLB adopt the following schedule for litigation of Contention I. This schedule is based on the schedule adopted by the parties and the ASLB for Contention II, with minor modifications. Although BREDL cannot provide a guarantee of being able to meet this alternative schedule, at this time we have a reasonable basis to believe it is feasible.

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Task Deadline Limited appearance session in North Carolina June 15, 2004 BREDL's response to Duke's and NRC Staff s second Target: Jun 8, 2004 round of discovery requests Deposition of Dr. Lyman Target: June 11, 2004 Initial Prefiled Testimony July 1, 2004 Reply Testimony July 8, 2004 Hearing July 15-16,2004 Proposed Findings August 6, 2004 Proposed Reply Findings August 31,2004 Counsel for BREDL has discussed its motion to withdraw Contention II and its proposed schedule for litigation of Contention I with counsel for Duke and the NRC Staff. Duke and the Staff have authorized counsel for BREDL to state that, under the extreme and unavoidable circumstances, they do not object to this motion, subject only to the Licensing Board's availability to accommodate their requested hearing dates. [Duke is available July 14-16, and the Staff is available July 14-15 only.]

Accordingly, BREDL requests that the ASLB approve BREDL's withdrawal of Contention It and the requested changes to the schedule for litigation of Contention I.

espectJfy 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(~harmoncurran.com May 21, 2004 3

CERTIFICATE OF SERVICE I hereby certify that on May 21, 2004, copies of Blue Ridge Environmental Defense League's Motion to Withdraw Contention II and Request to Change Hearing Schedule for Contention I and Blue Ridge Environmental Defense League's Comments on Whether "Significant Quantity" of.

Plutonium Constitutes Publicly Available Information 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 Margaret J. Bupp, 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: AMYinrc. gov Washington, D.C. 20555-0001 E-mail: slu~nrc.gov axf2@nrc.gov, Anthony J. Baratta mjb5@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. segmindspring. com Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Lisa F. Vaughn, Esq.

Mail Stop: 0-16C1 Legal Dept. (PBO5E)

Washington, D.C. 20555 Duke Energy Corporation 526 South Church Street (EC IX)

Thomas S. Elleman Charlotte, NC 28201-1006 Administrative Judge E-mail: lfVaughneduke-energy. cor Atomic Safety and Licensing Board 4760 East Country Villa Drive Janet Marsh Zeller, Executive Director Tucson, AZ 85718 Blue Ridge Environmental Defense League E-mail: elleman~eos.ncsu.edu P.O. Box 88 Glendale Springs, NC 28629 David A. Repka, Esq. E-mail: BREDLeskybest. com Anne W. Cottingham, Esq.

Winston & Strawn, LLP 1400 L Street, N.W.

Washington, D.C. 20005-3502 E-mail: drepkaowinston. com acotting~winston.com

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Office of the Secretary (original and two copies)

AITN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, D.C. 20555 E-mail: HEARINGDOCKETinrc . gov

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