ML042030124
| ML042030124 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 07/20/2004 |
| From: | Uttal S NRC/OGC |
| To: | Anthony Baratta, Elleman T, Austin Young Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8185 | |
| Download: ML042030124 (1) | |
Text
RAS 8185 DOCKETED 07/21/04 July 20, 2004 Ann Marshall Young, Chair Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 Anthony J. Baratta Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 Thomas S. Elleman Administrative Judge Atomic Safety and Licensing Board 5207 Creedmoor Rd. #101 Raleigh, NC 27612 In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-413-OLA and 414-OLA
Dear Administrative Judges:
During the hearing in this matter on July 15, 2004, counsel for BREDL requested that Status for NSC Activities in the Field of Fuel Behaviour be admitted to evidence. Both Staff counsel and counsel for Duke Energy Corporation objected. The Board marked the exhibit C for identification and offered the Staff and Duke the opportunity to address the admissibility of the exhibit in writing by July 20, 2004. Tr. 2,703-05.
In response to the Boards invitation to provide evidentiary responses by today, the Staff renews its objection to admission of Exhibit C on the basis of its untimely submission and resulting unfair surprise and based on the cumulative nature of the evidence proposed (e.g., the substance of the evidence covered by BREDLs proposed Exhibit C is already contained in Exhibit 34). In addition, the Exhibit covers a broad range of issues that are either beyond the scope of this proceeding or for which it was not offered. Of the 19 pages in the document, only one paragraph on page 17 appears to be relevant to the testimony to which it is related.
Therefore the Staff objects to its admission.
Sincerely,
/RA by Antonio Fernández Rivera For/
Susan Uttal Counsel for NRC Staff cc: Service List