ML043230389

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Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued.
ML043230389
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 10/22/2004
From: Fernandez A
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 8697
Download: ML043230389 (1)


Text

styR REG14 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 22, 2004

-i OFFICE OF THE

- GENERAL COUNSEL 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 Board's October 1, 2004 Order, in which the Board directed Staff counsel to communicate to the Board and parties "Whether an invitation may have been issued to Union of Concerned Scientists Staff Engineer David Lochbaum to observe a force-on-force exercise." October 1, 2004 Order at 2.

Staff counsel has consulted with Roy Zimmerman, Director, Office of Nuclear Security and Incident Response on the above referenced issue. Mr. Zimmerman does not recall issuing such an invitation to Mr. Lochbaum. Nevertheless, even if such an informal invitation was made, the Staff would not agree to Mr. Lochbaum's attendance at a force-on-force exercise for the reasons already articulated in the instant case. See Tr. 3392-99.

Therefore, the Staff opposes BREDL's attendance at force-on-force exercises and asks the Board to deny BREDL's request for the reasons previously articulated in this proceeding. Id.

Sincerely, 9ntonio nndez Counsel for NRC Staff cc: Service list