ML043170138

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Catawba - Letter from Susan L. Uttal to Administrative Judges Informing That the Staff Is Unable to Provide Access to an 08/25/76 NRC Classified Letter from George P. Fisher to Maurice Eisenstein
ML043170138
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 11/10/2004
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 8816
Download: ML043170138 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 RAS 8816 November 10, 2004 DOCKETED 11/12/04 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:

In its November 5, 2004, Memorandum and Order (Confirming Matters addressed and Ruled on at October 25, 2004, Closed Session), the Board confirmed its Bench Ruling that the NRC staff (Staff) provide BREDL with access to an August 25, 1976 NRC classified letter from George P. Fisher to Maurice Eisenstein, NRC. (sl. op. at 2-4). As indicated by the affidavit of John Harris enclosed herewith, the Office of The Chief Information Officer conducted a search of NRC records and has been unable to locate the document. Therefore, the Staff is unable to provide access to the letter.

Sincerely, Susan L. Uttal Counsel for NRC Staff cc w/encls: Service list

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA

) 50-414-OLA (Catawba Nuclear Station )

Units 1 and 2) )

SUPPLEMENTAL AFFIDAVIT OF JOHN HARRIS COUNTY OF MONTGOMERY )

) SS:

STATE OF MARYLAND )

John Harris, having first been duly sworn, does hereby state as follows:

1. I am employed as a Section Chief, Records and Archives Services Section, Information and Records Services Division, Office of the Chief Information Officer (OCIO),

U.S. Nuclear Regulatory Commission in Rockville Maryland.

2. I hereby certify that a search was conducted by pertinent Agency officials at my request for the document entitled "Letter from George P. Fisher to Maurice Eisenstein, NRC re: Conclusions from Meeting on the Difficulty of Separating PUO2 from Mixed Oxide Blends,"

dated August 25, 1976 (marked "Confidential"). I am advised that these officials have been unable to locate the aforementioned document.

John Harris Sworn to before me this cith day of November, 2004 Notary Public My conimissio pire Elva Bowden Berry NOTARY PUBLIC Montgomery County, Maryland My Commission Expires 12/1/07