ML042220293

Catawba - Letter from Margaret J. Bupp to Diane Curran Responding to Ms. Curran'S Requests for need-to-know Determinations Regarding Information and Documents Requested by Bredl in Discovery Requests Served on Duke Energy Corporation

ML042220293
Person / Time
Site:	Catawba
Issue date:	08/03/2004
From:	Bupp M NRC/OGC
To:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
Byrdsong A T
References
50-413-0LA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8227
Download: ML042220293 (3)

Text

RAS 8227 RELATED CORRESPONDENCE DOCKETED 08/04/04 August 3, 2004 Diane Curran, Esq.

Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street, NW Suite 600 Washington, DC 20036 In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station Units 1 and 2)

Docket Nos. 50-413-OLA, 50-414-OLA

Dear Ms. Curran:

I am responding to your requests for need-to-know determinations regarding information and documents requested by the Blue Ridge Environmental Defense League (BREDL) in discovery requests served on Duke Energy Corporation (Duke). These requests relate to the following documents: (1) OSRE reports; (2) the Physical Security Plan for the Catawba Nuclear Station (PSP); (3) Order for Compensatory Measures related to Access Authorization, EA-02-261 (Access Authorization Order); (4) Order for Compensatory Measures related to Training Enhancements of Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Plant Security Force Personnel, EA-03-039 (Training and Qualification Order); and (5) Order Requiring Compliance with Revised Design Basis Threat for Operating Power Reactors, EA-03-086 (DBT Order). The NRC staff (Staff) has determined that BREDL has a need-to-know regarding the OSRE report, selected portions of the Security Plan, and the Access Authorization Order. BREDL will be provided with access to the OSRE report, a redacted version of the Security Plan, and the Access Authorization Order. The Staff has determined that BREDL does not have a need-to-know regarding the information included in the Training and Qualification Order or the DBT Order.

This decision is based upon the Staffs interpretation of recent Commission decisions.1 It is the Staffs position that nothing in either CLI-04-19 or CLI-04-21 changes the positions set out by the Commission in CLI-04-06. That decision was limited to a finding that BREDL had a need-to-know in relation only to information [that was] indispensible to BREDLs opportunity to frame litigable contention. Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI-04-06, 59 NRC 62, 67 (2004). However, CLI-04-06 was limited to the contention stage. At this stage of the hearing, the question becomes what information is indispensable to discovery. In making this determination, the Staff looks to two sources. First, the traditional discovery 1

Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI-04-06, 59 NRC 62 (2004); Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI-04-19, 59 NRC _

(2004); Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI-04-21, 59 NRC _

(2004).

Diane Curran, Esq. standard, that information is discoverable if it is reasonably calculated to lead to admissible evidence.

Second, the Staff follows the Commissions admonition that access to safeguards documents be as narrow as possible. Catawba, CLI-04-06, 59 NRC at 75.

In accordance with the above, the Staff had determined that BREDL does not have a need-to-know regarding the Training and Qualification Order or the DBT Order. Neither of these orders is currently in effect at Catawba, nor were they in effect at the time the LAR was submitted or the Staffs SE was drafted. Therefore, neither document is reasonably calculated to lead to admissible evidence. Both the Access Authorization Order and the PSP for Catawba are currently in effect. Therefore, examination of these documents may be reasonably calculated to lead to admissible evidence, and BREDL has a need-to-know in relation to these documents. Keeping in mind the Commissions order to keep access as narrow as possible, however, the PSP will be redacted so that the only portions released are those portions related to the exemptions requested by Duke and the additional security measures proposed in support of those exemptions.

Regarding the OSRE report, the Board found on June 28, 2004 that BREDLs request for the reports is reasonably calculated to lead to admissible evidence. Therefore, the Staff finds that BREDL also has a need-to-know regarding the OSRE reports.

Please contact me at 301-415-3722 or mjb5@nrc.gov to set up a time during which you can access the documents at NRC Headquarters in Rockville, Maryland.

Sincerely,

/RA/

Margaret J. Bupp Counsel for NRC staff cc: Service list

Diane Curran, Esq. Second, the Staff follows the Commissions admonition that access to safeguards documents be as narrow as possible. Catawba, CLI-04-06, 59 NRC at 75.

In accordance with the above, the Staff had determined that BREDL does not have a need-to-know regarding the Training and Qualification Order or the DBT Order. Neither of these orders is currently in effect at Catawba, nor were they in effect at the time the LAR was submitted or the Staffs SE was drafted. Therefore, neither document is reasonably calculated to lead to admissible evidence. Both the Access Authorization Order and the PSP for Catawba are currently in effect. Therefore, examination of these documents may be reasonablely calculated to lead to admissible evidence, and BREDL has a need-to-know in relation to these documents. Keeping in mind the Commissions order to keep access as narrow as possible, however, the PSP will be redacted so that the only portions released are those portions related to the exemptions requested by Duke and the additional security measures proposed in support of those exemptions.

Regarding the OSRE report, the Board found on June 28, 2004 that BREDLs request for the reports is reasonably calculated to lead to admissible evidence. Therefore, the Staff finds that BREDL also has a need-to-know regarding the OSRE reports.

Please contact me at 301-415-3722 or mjb5@nrc.gov to set up a time during which you can access the documents at NRC Headquarters in Rockville, Maryland.

Sincerely, Margaret J. Bupp Counsel for NRC staff cc: Service list Distribution:

S. Burns SECY L. Chandler Chron K. Winsberg Reading File A. Fernandez V. Ordaz DOCUMENT NAME: G:\RP\AXF\CORRESPONDENCE\LETTER RE SPECIFIC MEASURES To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No co OFFICE OGC OGC OGC NSIR NSIR NAME MBupp SUttal KWinsberg JShea GTracy DATE 08/03 /04 08/03/04 08/03/04 08/03/04 08/03/04 OFFICIAL RECORD COPY