ML043070044

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E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit
ML043070044
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 09/29/2004
From: Austin Young
Atomic Safety and Licensing Board Panel
To: Cottingham A, Curran D, Fernandez A, Repka D, Shafeek-Horton T, Uttal S, Wetterhahn M
Duke Energy Corp, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC, NRC/SECY/RAS, Winston & Strawn, LLP
Byrdsong A T
References
50-413-0LA, 50-414-0LA, ASLBP 03-815-03-OLA, RAS 8547
Download: ML043070044 (3)


Text

DOCKETED USNRC September 30, 2004 (7:35AM)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket Nos. 50-413/414-OLA RAS 8547 From: Ann Young To: ACottingham@winston.com; Antonio Fernandez; dcurran@harmoncurran.com; drepka@winston.com; HearingDocket; mwetterhahn@winston.com; Susan Uttal; tshafeek@duke-energy.com Date: Wed, Sep 29, 2004 5:24 PM

Subject:

Re: site visit I have a few items (in addition to the timing questions of yesterday) to raise with all of you, regarding the site visit.

First, we as a board have decided that it would be a good idea for our expert security advisor, Skip Young, to accompany me on the site visit, so that, in becoming generally familiar with the site, I can have the benefit of his explanations of any security aspects of what we see, from a neutral perspective. This could be done either as part of general discussion among all of us who are there, or more in the nature of discussion between Mr. Young and myself, but I would not want it to open up any discussion among all of us of any disputed versions of any situations, etc., given that we will not have a court reporter present during this site visit. If any party objects to this, please let me know by the end of tomorrow, Thursday, September 30.

Also, Mr. Young indicated that there is a protocol that is generally followed by staff with regard to notifying the regional office of our visit, but in ASLBP we are not aware of having done this before. Do staff counsel follow any such protocol, and if so, could you advise me of any procedures that we should follow?

Next, I presume that Duke will notify us all of what information they will need prior to the visit. I plan to fly up Wednesday afternoon or evening and return Thursday evening, so please let us know what you need before then.

Finally, the board has discussed the timing of any future additional site visit - of the nature we discussed yesterday, with a court reporter - and decided that the best way to handle this possibility is to build in enough time for it during the respective weeks we have set for the hearing. We would therefore ask all at this point to hold the entire weeks of December 13 and January 10 for the hearing, until we ultimately decide to drop one of these weeks, at or shortly after our October 25 session. We can discuss the particulars of this on October 25, and this

may also be addressed in some manner in the rulings you will soon be receiving from us in follow-up to yesterday's session.

Thank you all for your attention to these matters.

Judge Young CC: Ann Young; Anthony Baratta; elleman@eos.ncsu.edu; Francis Young Mail Envelope Properties (415B280C.4E3 : 6 : 37434)

Subject:

Re: site visit Creation Date: Wed, Sep 29, 2004 5:24 PM From: Ann Young Created By: AMY@nrc.gov Recipients duke-energy.com tshafeek (tshafeek@duke-energy.com) eos.ncsu.edu elleman CC (elleman@eos.ncsu.edu) harmoncurran.com dcurran (dcurran@harmoncurran.com) nrc.gov owf5_po.OWFN_DO AXF2 (Antonio Fernandez)

HearingDocket (HearingDocket)

SLU (Susan Uttal) nrc.gov twf2_po.TWFN_DO AJB5 CC (Anthony Baratta)

AMY CC (Ann Young)

FIY CC (Francis Young) winston.com ACottingham (ACottingham@winston.com)

drepka (drepka@winston.com)

MWetterhahn (mwetterhahn@winston.com)

Post Office Route duke-energy.com eos.ncsu.edu harmoncurran.com owf5_po.OWFN_DO nrc.gov twf2_po.TWFN_DO nrc.gov winston.com Files Size Date & Time MESSAGE 2899 Wednesday, September 29, 2004 5:24 PM Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard