ML042930371

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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
ML042930371
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 10/14/2004
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 8636
Download: ML042930371 (2)


Text

RAS 8636 DOCKETED 10/15/04 October 14, 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:

The NRC staff (Staff) herein responds to the Boards October 1, 2004 Order, and provides the Board and parties with a statement of the Staffs view regarding the impact of the information provided by Duke in its September 20, 2004 letter on issues related to Contention I and any other matters involved in this proceeding.

The Staff has reviewed the information submitted by Duke in its letters of August 31, September 20, and October 5, 2004, and has concluded that there is no impact on the Staffs previous testimony regarding Contention I. In addition, the Staffs conclusions, provided in the safety evaluation report (SER) and in Supplement 2 to the SER, remain valid with respect to fuel behavior and the LOCA analyses done in accordance with 10 C.F.R. § 50.46 and 10 C.F.R. Part 50, Appendix K requirements.

As stated in the Staffs October 4, 2004 letter to the Board, there is nothing in the Duke information that would affect the Staffs conclusions regarding the security issues in this proceeding.

Finally, the information requested by the Staff in its October 7, 2004 Request for Additional Information (RAI) has no relation to the issues raised in Contention I or in any of the security issues now pending before the Board.

Sincerely,

/RA/

Susan L. Uttal Counsel for NRC Staff cc: Service list