ML043070090

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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
ML043070090
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 10/08/2004
From: Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To: Austin Young
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-413-0LA, 50-414-0LA, ASLBP 03-815-03-OLA, RAS 8615
Download: ML043070090 (3)


Text

DOCKETED USNRC October 12, 2004 (7:33AM)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket Nos. 50-413/414-OLA RAS 8615 From: Diane Curran <dcurran@harmoncurran.com>

To: Ann Young <AMY@nrc.gov>

Date: Fri, Oct 8, 2004 5:29 PM

Subject:

Relevance of new Duke consequence information to Contention I inCatawba LTA case

Dear Administrative Judges,

This is to let you know that BREDL is not prepared, at this point, to comment on whether new information regarding dose consequences that Duke provided to the NRC on September 20, 2004, is relevant to Contention I. We have just learned from an ADAMS search that the NRC Staff has further questions for Duke regarding the information that Duke submitted on September 20,on which the Staff apparently intends to send Duke an RAI. See draft letter from Robert E. Martin, NRC, to H.B.

Barron, Duke (September 29, 2004). The letter was posted on ADAMS on October 5, 2004, ACN # ML042790124. Duke's answers to these questions may shed light on the relevance of the new information to Contention I.

Therefore, before commenting on the relevance of Duke's information to Contention I, we would like an opportunity to review Duke's response to any RAI that the Staff sends to Duke.

We also note that the Staff has now informed the Board that it will take a month to report to the Board on the relevance of the new information to Contention 1. We are not in a position to duplicate what appears likely to be an extensive review by the Staff, and therefore would like to review the Staff's comments before filing our own. Once we have received the Staff's comments, we will file ours as expeditiously as possible in order to avoid undue delay.

Finally, we would request the Staff to keep us informed of any RAIs that are sent to Duke and the schedule for Duke's response.

Sincerely,

Diane Curran CC: <tshafeek@duke-energy.com>, <elleman@eos.ncsu.edu>, Anthony Baratta

<AJB5@nrc.gov>, Antonio Fernandez <AXF2@nrc.gov>, Francis Young <FIY@nrc.gov>,

HearingDocket <HearingDocket@nrc.gov>, James Cutchin <JMC3@nrc.gov>, Susan Uttal

<SLU@nrc.gov>, <ACottingham@winston.com>, <drepka@winston.com>,

<MWetterhahn@winston.com>

Mail Envelope Properties (416706A5.CF8 : 4 : 40184)

Subject:

Relevance of new Duke consequence information to Contention I inCatawba LTA case Creation Date: Fri, Oct 8, 2004 5:27 PM From: Diane Curran <dcurran@harmoncurran.com>

Created By: dcurran@harmoncurran.com Recipients nrc.gov owf5_po.OWFN_DO SLU CC (Susan Uttal)

HearingDocket CC (HearingDocket HearingDoc AXF2 CC (Antonio Fernandez) nrc.gov twf3_po.TWFN_DO JMC3 CC (James Cutchin) nrc.gov twf2_po.TWFN_DO FIY CC (Francis Young)

AJB5 CC (Anthony Baratta)

AMY (Ann Young) winston.com MWetterhahn CC drepka CC ACottingham CC eos.ncsu.edu elleman CC duke-energy.com

tshafeek CC Post Office Route owf5_po.OWFN_DO nrc.gov twf3_po.TWFN_DO nrc.gov twf2_po.TWFN_DO nrc.gov winston.com eos.ncsu.edu duke-energy.com Files Size Date & Time MESSAGE 1549 Friday, October 8, 2004 5:27 PM TEXT.htm 1913 Mime.822 5284 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard