ML042030124
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| 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) | |
Similar Documents at Catawba | |
|---|---|
Category:Legal-Correspondence
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ML0431703752004-10-29029 October 2004 Letter from Diane Curran to Administrative Judges Responding to Duke Energy Corp.'S 10/29/04 Letter to the Licensing Board Which Purports to Clarify the Schedule for the Plutonium Mixed Oxide (MOX) Fuel Lead Test Assembly (LTA) Program ML0430904522004-10-28028 October 2004 Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program ML0430200062004-10-27027 October 2004 Catawba - Letter from Susan L. Uttal to Administrative Judges Request for Discovery Document ML0430100422004-10-25025 October 2004 Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS ML0432303892004-10-22022 October 2004 Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued. ML0429601762004-10-19019 October 2004 Letter from Diane Curran to Antonio Fernndez and Susan L. Uttal Re Informal Discovery Request for security-related Documents and Request for need-to-know Determination ML0429601852004-10-19019 October 2004 Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6 ML0429303712004-10-14014 October 2004 Catawba - Letter from Susan L. Uttal to Administrative Judges Responding to the Board'S 10/01/04 Order Re Impact of Information Provided in Duke'S 09/20/04 Letter ML0429401452004-10-13013 October 2004 Letter from Mark J. Wetterhahn to Administrative Judges Regarding Responses to Information Provided by the Staff Relating to Three Questions Discussed in the September 28 Closed Session ML0430700902004-10-0808 October 2004 E-mail from Diane Curran to Administrative Judge Young Informing That Bredl Is Not Prepared at This Point to Comment on Whether New Information Regarding Dose Consequences That Duek Provided to the NRC on 09/20/04 Is Relevant to Contention ML0428704752004-10-0606 October 2004 Letter from David A. Repka to Administrative Judges Enclosing a Copy of Duke Energy Corp.'S 10/04/04 Submittal Which Provides Further Information Re Issue Addressed in Mr. Repka'S Correspondence of 08/31/04 and 09/20/04 ML0427804812004-10-0404 October 2004 Catawba MOX - Letter from Susan L. Uttal to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order Re NRC Staff'S View of the Impact of the Information Provided by Duke in Its 09/20/04 Letter Related to Contention I ML0427504572004-10-0101 October 2004 Catawba MOX - Letter from Antonio Fernandez to Mark Wetterhahn Enclosing a Redacted Copy of the Physical Security Plan for the Catawba Nuclear Station, Revision 0 (Plan) ML0430700832004-09-30030 September 2004 E-mail from Mark J. Wetterhahn to Board and Parties Informing That Duke Energy Corporation Will Not Appeal the Licensing Board Order Regarding Access to Proposed Security Plan ML0430700682004-09-30030 September 2004 E-mail from Susan L. Uttal to Administrative Judge Young Re Site Visit ML0430700292004-09-30030 September 2004 E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit of Security Expert Advisor ML0430700442004-09-29029 September 2004 E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit 2006-01-12 |
Text
RAS 8185 DOCKETED 07/21/04 July 20, 2004 Ann Marshall Young, Chair Thomas S. Elleman Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 5207 Creedmoor Rd. #101 Mail Stop: T-3F23 Raleigh, NC 27612 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 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
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