ML041820050
| ML041820050 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 06/28/2004 |
| From: | Anthony Baratta, Elleman T, 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 8019 | |
| Download: ML041820050 (5) | |
Text
1This proceeding involves Duke Energy Corporations (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 at the station. On September 17, 2003, this Licensing Board was established to preside over this proceeding. 68 Fed. Reg. 55,414 (Sept. 25, 2003). By Memoranda and Orders dated March 5 and April 12, 2004 (the latter sealed as Safeguards Information; redacted version issued May 28, 2004), the Licensing Board granted BREDLs request for hearing and admitted various non-security-related and security-related contentions. LBP-04-04, 59 NRC __ (2004); LBP-04-10, 59 NRC __ (2004).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 8019 DOCKETED 06/28/04 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 06/28/04 Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-413-OLA, 50-414-OLA ASLBP No. 03-815-03-OLA June 28, 2004 ORDER (Ruling on Duke Energy Corporation Objection to BREDL Document Production Request No. 2 Regarding BREDL Security Contention)
Duke Energy Corporation [Duke] has objected to a document production request of Blue Ridge Environmental Defense League [BREDL] in this proceeding,1 to the following effect:
REQUEST NO. 2: Provide all documentation of Operational Safeguards Response Evaluation (OSRE) test(s) at the Catawba nuclear power plant.
See [BREDL]s First Set of Discovery Requests to Duke Energy Corporation Regarding Security Plan Submittal (June 19, 2003); [Duke]s Objections to [BREDL]s First Discovery Request on BREDLs Security Contention (June 23, 2003). Duke objects to this request on grounds that it is beyond the scope of BREDLs security contention, and does not otherwise seek information reasonably calculated to lead to the discovery of admissible evidence. Id. at
- 14. According to Duke, BREDL has made no showing as to why the records of all OSRE tests 2This case was cited by Duke in a June 23, 2004, letter to NRC Staff counsel regarding a need to know request filed by BREDL on June 19, 2003.
at Catawba are needed in connection with the litigation of its security contention, which does not deal with OSRE tests. Id. at 14-15. Duke further objects on the basis that the OSRE test records in question are at least seven years old and outdated, and would thus be of no value in gauging the current state of security at Catawba. Id. at 15. In addition, Duke argues, the records reflect a pre-September 11, 2001 security framework at Catawba and do not reflect the current security environment at Catawba, either in terms of the current regulatory framework or the status of Dukes compliance with such requirements. Id.
On the basis of BREDLs response provided verbally in a closed session held June 25, 2004, and on the basis of the following analysis, the Licensing Board overrules Dukes objection to Document Production Request No. 2. The interrelationship between various aspects of plant security has been recognized. See Duke Power Company, et al. (Catawba Nuclear Station, Units 1 and 2), LBP-82-51, 16 NRC 167, 176 (1982).2 Although the information contained in the records at issue may not, to the effect argued by Duke, ultimately be found to be relevant and admissible in this proceeding, we find that it is possible that they may provide information relating to basic structural issues that could relate to those matters at issue in BREDLs security contention as admitted by the Licensing Board. As such, we find that the request is reasonably calculated to lead to the discovery of admissible evidence, and that the records in question should thus be provided.
3Copies of this document were sent this date by Internet e-mail to all parties.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE
/RA/
Anthony J. Baratta ADMINISTRATIVE JUDGE
/RA/
Thomas S. Elleman ADMINISTRATIVE JUDGE Rockville, Maryland June 28, 20043
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
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DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
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50-414-OLA (Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (RULING ON DUKE ENERGY CORPORATION OBJECTION TO BREDL DOCUMENT PRODUCTION REQUEST NO. 2 REGARDING BREDL SECURITY CONTENTION) 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 Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612 Susan L. Uttal, Esq.
Antonio Fernández, Esq.
Margaret J. Bupp, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Henry B. Barron, Executive Vice President Nuclear Operations Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (RULING ON DUKE ENERGY CORPORATION OBJECTION TO BREDL DOCUMENT PRODUCTION REQUEST NO. 2 REGARDING BREDL SECURITY CONTENTION)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Mark J. Wetterhahn, Esq.
Winston & Strawn LLP 1400 L Street, NW Washington, DC 20005 Lisa F. Vaughn, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036 Timika Shafeek-Horton, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street Charlotte, NC 28242
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 28th day of June 2004