ML042160589
| ML042160589 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 07/28/2004 |
| From: | 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 8203 | |
| Download: ML042160589 (6) | |
Text
UNITED STATES OF AMERICA DOCKETED USNRC NUCLEAR REGULATORY COMMISSION July 28, 2004 (224PM)
RAS 8203 ATOMIC SAFETY AND LICENSING BOARD PANEL OFFICE OF SECRETARY Before Administrative Judges: RULEMAKINGSAND ADJ UDICATlONS STAFF Ann Marshall Young, Chair Anthony J. Baratta SERVED July 28,2004 Thomas S. Elleman Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORATION ASLBP NO.03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) July 28, 2004 ORDER
/Addressins Discoverv Schedulinq Matters)
This Order addresses three scheduling matters in this proceeding. First, on the request of all parties, see attached e-mail message, a closed session previously scheduled for July 27, 2004, was canceled, based on the suspension of discovery, see Memorandum and Order (Confirming July 16, 2004, Bench Ruling Suspending Discovery Proceedings Pending Further Commission Guidance) (July 28, 2004), and the lack of any change in status in the case since such suspension.
Second, after the Board was notified of a Commission affirmation session in which a currently pending interlocutory appeal is expected to be acted on, on July 27 the Board held a short telephone conference call with counsel to consider when all parties might reconvene to address pending discovery matters in light of the Commissions action. It was decided to hold an on-the-recordtelephone conference on Auqust 3, 2004, at 9:00a.m., to address as much as This 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 Blue Ridge Environmental Defense League [BREDLIs request for hearing and admitted various non-security-relatedand security-related contentions. LBP-04-04, 59 NRC - (2004); LBP-04-10, 59 NRC - (2004).
may be done at that time; this will be followed by the already-scheduled closed session, to be held in Rockville at 1O:OO a.m. on Auqust 10, 2004.
Participants should call 301/231-5539 or 1-800/638-8081 a few minutes before 9:00 a.m. Tuesday, August 3, and give passcode 5851# to be connected in to the conference.
Third, each party shall also file preliminary proposed courses of action in light of the Commissions expected ruling, along with a list of items that they wish to have addressed in the August 3 conference and August 10 closed session, no later than 5 0 0 D.m. Fridav, Julv 30, 2004. The parties may also submit a joint proposed schedule, with ranges of dates that each party can have all necessary counsel and witnesses present, and in any event should have their calendars available on August 3.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Ann Marshall young, Chair AD MINI STRATI VE JUDGE Rockville, Maryland July 28, 2004*
2Copies of this document were sent this date by Internet e-mail to all parties.
2
From: Diane Curran cdcurran @ harmoncurran.com>
To: Ann Young <AMY@nrc.gov>
Date: 7/26/04 1:37PM
Subject:
Re: change in start time for 7/27 closed session
Dear Judge Young,
I am writing on behalf of the parties to the security proceeding, to follow up on a telephone message that Mark Wetterhahn left on our behalf this morning. Because there has been no change in the status of the proceeding since we last met on June 16, we do not believe that any useful purpose would be served by convening tomorrow afternoon. Therefore, we request that you cancel the conference that is scheduled for tomorrow at 1:30 p.m. Hopefully, we will hear something from the Commission before the next time we are due to meet, on August 10.
Sincerely, Diane Curran Ann Young wrote:
> Because of another proceeding in our hearing room tomorrow morning, and the need for security to check the room before we start our closed session in the Catawba proceeding tomorrow afternoon, we will be starting at 1:30 p.m. rather than 1:OO. Also, you may not be able to get into the hearing room very much in advance of that time, so please plan accordingly.
>Thank your for your attention to this notification.
> Judge Young cc: 4fvaughn @duke-energy.com>,celleman@eos.ncsu.edu>, Anthony Baratta
<AJB5@nrc.gov>,Antonio Fernandez cAXF2@nrc.gov>, James Cutchin <JMC3@nrc.gov>, Margaret Bupp cMJB5@nrc.gov>, Susan Uttal <SLU @nrc.gov>,<acotting@winston.com>,
<drepka@winston.com>, cMWetterhahn@ winston.com>
From: David Gamberoni To: Commission Executive/Legal TAs; COMMISSION-SCH EDULING-LEADS; OCAA-0 FFICE; OGC-0 FFlCE Date: 7/27/04 1:43PM
Subject:
AFFIRMATION - Thursday, July 29th, 9:25 a.m.
Place: OPA The following paper will be affirmed on Thursday, July 29, 2004, 9:25 a.m., Commissioners' Conference Room:
- a. SECY-04-0120, Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2); NRC Staff's Petition for Interlocutory Review of the Licensing Board's June 25, 2004 Oral Order (Finding the Intervenor's Witness Qualified as an Expert in the Area of Nuclear Security)
SECY cc: ADM-ELECTRONICS; ADM-ROOMS; CFO-OFFICE; Commission Administrative Assistants - Adjudicatory; EDO-OFFICE; OCA-OFFICE; OIP-OFFICE; OPA-OFFICE; SECY-0 FFI CE-0 PS
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
1 DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA 1 50-414-OLA (Catawba Nuclear Station, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (ADDRESSING DISCOVERY SCHEDULING MATTERS) 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 Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #lo1 U S . Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Henry B. Barron, Executive Vice President Antonio Fernandez, Esq. Nuclear Operations Margaret J. Bupp, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop 15 D21 P.O. Box 1006 U S . Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.
Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.
729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (ADDRESSING DISCOVERY SCHEDULING MATTERS)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Mark J. Wetterhahn, Esq. Mail Code - PB05E Winston & Strawn LLP 422 South Church Street 1400 L Street, NW P.O. Box 1244 Washington, DC 20005 Charlotte, NC 28201-1244 Paul Gunter Timika Shafeek-Horton, Esq.
Nuclear Information and Resource Service Duke Energy Corporation 1424 16thSt., NW, Suite 404 Mail Code - PB05E Washington, DC 20036 422 South Church Street Charlotte, NC 28242 G & f l Office of the Secretary of 'the Commi&ion Dated at Rockville, Maryland, this 28thday of July 2004