ML041940485

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

ML041940485
Person / Time
Site:	Catawba
Issue date:	06/29/2004
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 8109
Download: ML041940485 (5)

Text

A5 81&0oc RIEATED CORRESPONDEWdQk June 29, 2004 DOCKETED UISNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION July 8,2004 (1:19PM)

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFRFUCLE OFKNGSC ANDRY 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 THIRD SUPPLEMENTAL RESPONSE TO BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S FIRST DISCOVERY REQUEST On April 14, 2004, Duke Energy Corporation ("Duke") filed a Response to the March 31, 2004 "Blue Ridge Environmental Defense League's First Set of Discovery Requests Directed to Duke Energy Corporation" ("BREDL's First 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 provided its first supplemental response to BREDL's First Set on May 5, 2004, and its second supplemental response to BREDL's First Set on June 18, 2004. Duke herein provides its third supplemental response to BREDL's First Set.

GENERAL INTERROGATORYNO. 3: For each witness identified in response to General InterrogatoryNo. 2 above, describe the facts and opinions to which each witness is expected to testify including a summary of the groundsfor each opinion, and identify the documents (including all pertinent pages or parts thereof), data or other information which each witness has reviewed and considered, or is expected to consider or to rely on for his or her testimony.

7emplaf= s 4cy~s fCo

The following additional documents, all publicly available and/or previously identified to BREDL in discovery responses, have been reviewed or considered by one or more Duke witness and may be relied on in testimony on Contention 1:

• NUREG/CR-3314, "PWR FLECHT-SEASET 163-Rod Bundle Blockage (October 1983) (Accession # 831140526).

• NUREG-0630, "Cladding Swelling and Rupture Models for LOCA Analysis" (April 1980) (Accession # 8005120229).

• M. Lambert et al., "Synthesis of an EDF and Framatome ANP Analysis on Fuel Relocation Impact in Large Break LOCA",

Proceedings of the Topical Meeting on LOCA Fuel Safety Criteria, Aix-en-Provence (March 2001) (provided by Duke in Bates

1. 010972 through 011076).

• C. Grandjean et al., "High Burnup U0 2 Fuel LOCA Calculations to Evaluate the Possible Impact of Fuel Relocation after Burst",

proceedings of the Topical Meeting on LOCA Fuel Safety Criteria, Aix-en-Provence (March 2001) (provided by Duke in Bates

1. 010972 through 011076).

• Presentations at the SEGFSM Topical Meeting on LOCA Issues, Argonne National Laboratory (May 25-27, 2004) (referenced by NRC Staff in its June 15, 2004 discovery supplement).

REOUESTNO. 2: All documents in your possession, custody or control relevant to each BREDL admitted contention, and to the extent possible, segregated by contention and separatedfromalreadyproduceddocuments.

REQUEST NO. 3: All documents (including experts' opinions, workpapers, affidavits, and other materials used to render such opinion) supporting or otherwise relating to testimony or evidence that you intend to use in the hearing on each BREDL admitted contention.

Duke Response to General Document Production Requests 2 and 3:

A document dated June 24, 2004, entitled "Data Generated to Support MOX Fuel Lead Assembly License Amendment Request Hearing on Contention 1 (File 1607.23-04)" (Bates Numbers 011329-011334), is being provided.

2

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: PBO5E Charlotte, N.C. 28201-1244 ATTORNEYS FOR DUKE ENERGY CORPORATION Dated in Washington, District of Columbia This 29t day of June 2004 3

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 I and 2) )

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "DUKE ENERGY CORPORATION'S THIRD SUPPLEMENTAL RESPONSE TO BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S FIRST DISCOVERY REQUEST" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this 29t day of June, 2004.

Additional e-mail service, designated by *, has been made this same day, as shown below.

Copies of the referenced filing with the document being provided in connection with the 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: ellemangeos.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

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(nrc.gov) (e-mail: dcurrangharmoncurran.com)

(e-mail: axf2@nrc.gov)

(e-mail: mjbSnrc.gov)

David A. Repka Counsel for Duke Energy Corporation 2

DC 363997.1