ML050700219

Letter from Anne W. Cottingham to Administrative Judges Attaching Duke Energy Corporations Proposed Corrections to the Transcript of the NRC Hearing on Bredl Security Contention 5, January 11-14, 2005

ML050700219
Person / Time
Site:	Catawba
Issue date:	03/07/2005
From:	Cottingham A Duke Energy Corp, Winston & Strawn, LLP
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 9538
Download: ML050700219 (16)

Text

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OFFICE OF SECRETARY RULEMAKINGS AND Ann Marshall Young, Chairman Anthony J. Baratta ADJUDICATIONS STAFF Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Dr. Thomas S. Elleman Administrative Judge 5207 Creedmoor Road # 101 Raleigh, N.C. 27612 Re:

Duke Energy Corporation, Catawba Nuclear Station, Units 1 and 2 (Docket Nos. 50-413-OLA, 50-414-OLA)

Dear Administrative Judges:

Attached please find Duke Energy Corporation's proposed corrections to the transcript of the NRC hearing on BREDL Security Contention 5, January 11-14, 2005.

These corrections were compiled from the "mini-script" version of the transcript. (As you may recall, counsel for BREDL informed the Licensing Board and parties in a February 4, 2005 electronic mail message that the pagination of the full-size transcript varies in some places from that of the mini-script.)

This attachment does not contain Safeguards Information.

Please contact me with any questions concerning this submittal.

Very truly yours, Anne W. Cottingham Counsel for Duke Energy Corporation AWC/swh cc:

Service List (with attachment) 7,,,

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• SECV -02.

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

DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)

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)

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Docket Nos.

50-413-OLA 50-414-OLA DUKE ENERGY CORPORATION'S PROPOSED CORRECTIONS TO TRANSCRIPT OF HEARING ON SECURITY CONTENTION 5, JANUARY 11-14, 2005 i n,

'Line:,

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'"iio nl JANUARY 11, 2005 A.M. SESSION 3844 21 Change "ODC" to "OGC" 3845-5364 Passim Change "Weterhahn" to "Wetterhahn" throughout 4034 18 Change "air" to "area" 4035 8

Delete "of' after area 4037 10 Change "shift" to "shutdown" 4037 16 Change "fuel" to "turbine" 4037 18 Change "fuel" to "turbine" 4038 8

Change "latch door" to "last tour" 4044 22 Change "curve" to "concur" 4049 23 Change "worse" to "worst" 4052 24 Change "SUT' to "SGT" 4054 24 Change "armor" to "armorer" 4057 20 Change "worse" to "a worst" 4057 21 Change "worse" to "worst" 4058 25 Change "rival" to "vital" 1

.Page LCis

>ne I

.. loArectio*

4059 22 Change "worse" to "worst" 4061 10 Add "a" following "philosophy for" 4067 11 Change "high" to "higher" 4069 2

Change "what a" to "where the" Add period after "building," then begin new sentence: "With 4070 6-7 the MOX fuel assemblies, as I explained earlier, I have to have 4070 16 Change "actually" to "actual" 4071 8

Change "door opens" to "door open" 4076 5

Add "the" after "leaving" 4076 22 Add "Duke" after "of' 4080 19 Change "thing" to "think" 4085 8

Add "or" after "regulations" 4085 9

Change "that" to "they" 4085 11 Change "are" to "area" 4087 23 Change "in point" to "end point" 4087 24 Change "air" to "area" 4090 17 Change "part" to "party" 4090 25 Change to read: "protection, the Operations Department point of contact, and the" 4092 6

Change "method" to "memorandum" 4092 23 Change "flipping" to "flippant" 4093 8

Delete "in" 4093 9

Change "transport votes" to "transportation folks" 4093 14 Change "in" to "is" 4093 21 Change "there" to "they are" 4093 22 Change "in-state" to "incident" 4094 1

Change "your" to "York" 4094 23 Change "in-state" to "incident" 4095 14 Change "tact" to "tactical" 2

Page;

}

sind I;

C

rre-tio 4096 20 Change "where" to "wear" 4097 13 Change "to" to "through" 4098 2

Change "to" to "through" 4098 4

Add "will" after "officers;"

4098 6

Change "fire fight panel" to "a fire fight for example" 4098 22 Change "talk" to "top" 4099 1 5 Add "be to" before "actually" Change "deliver" to "delivery" 4099 18 Add "is" after "probability" 4102 14 Add "cask" after "transportation" 4105 13 Change "acceptance" to "an exemption" 4105 14 Change "TRT" to "the TRT requirement" 4105 16 Change "laid" to "paid" 4106 9

Change "schematics" to "semantics" 4106 16 Change "schematics" to "semantics" 4107 15 Change "differing" to "difference" 4109 21 Change "objected" to "objective" 4110 14 Change "need" to "meet" 4111 25 Change "chapter verse" to "chapter and verse" 4114 22 Change "sites" to "cites" 4122 7

Change "deport" to "deploy" 4123 12 Add "to" after "train" 4123 16 Change "white" to "right" Change "dole 3" to "door entry" 4127 20 Change "off-nominal" to "off-normal" 4127 20 Change "star" to "start" 4129 3

Change "need" to "meet" 4129 16 Change "need" to "meet" 4131 19 Change "73.45D1" to "73.45(d)(1)"

3,

.;.Pa~ge~v'-

,.-# Ln6' ggrre

'4'tio ri 4134 12 Change "general" to "generally" 4137 4

Change "PIP" to "PA" 4147 20 Change "a building" to "ability" 4151 7

Change "things" to "bangs" 4154 11 Add "action" after "initial" 4158 16 Change "never" to "over" 4161 3

Change "tunnel" to "channel" 4166 25 Change "cat" to "CAD" 4167 4

Change "Cat" to "CAD" 4167 24 Change "illuminated at" to "eliminated" 4170 17 Change "unit" to "interim" 4173 12 Change "worse" to "worst" 4173 14 Change "worse" to "worst" JANUARY 11, 2005 PM SESSION 4177 16 Change "45D1" to "Section 73.45(d)(i)"

4179 17 Add "a" after "make" 4180 19 Change "refeered" to "referred" Change "is" to "as" 4182 3

Change "rad." to "red" 4183 22 Change "bear" to "bare" 4184 16 Change "is" to "are" 4184 17 Change "is" to "are" 4185 11 Delete "question" following "five" 4185 20-21 Delete the first of 2 identical sentences 4191 2

change "exceed" to "exceeded" 4191 18 Change "address" to "addressed" 4193 1

Delete "in the" after "problem" 4193 5

Change "establish" to "establishes" 4195 1

Delete "was" after "it" 4

.Page Cr Lin t

s X

C do ection 4196 11 Change "grant" to "have" 4198 21 Change "are maintenanced" to "and maintenance" 4200 6

Change "mote" to "moat" 4200 10 Add "adversary" after "the" 4201 15 Change "normal" to "number" 4202 15 Change "I'm" to "I've" 4202 16 Change "to" to "of the" 4202 17 Change "I'm" to "I've" 4023 22 Delete "use to" after "could" 4204 4

Change "What" to "With" 4206 8

Change "integer" to "ending" 4206 10 Change "steels" to "skills" 4206 11 Change "distractive" to "distracting" 4211 16 Add "we" after "what" 4212 1

Change "to" to "into" 4212 21 Replace "racked" with "stacked" 4212 24 Change "included" to "including" 4213 13 Change "collision" to "collusion" 4213 17 Change "when" to "whether" 4214 22 Change "can't put ever" to "you can't put every" 4219 18 Change "pursuant fire fight" to "pursuit of the fire fight" 4221 25 Add "it your" following "is" 4227 11 Add "a" after "have" 4228 12 Change "Adirondack" to "not contract" 4235 9

Add "or" after "are" 4237 13 Add "a" after "was" 4237 14 Change "Liked" to "Like" 4237 20 Change "points" to "point" 5

LPage Line i;.i;

^ Corret

ion;;.;

-l 4238 12 Change "discrimination" to "disagreement" 4240 1

Change "can" to "and" 4242 2

Change "pre-field" to "pre-filed" 4242 11 Change "fort" to "port" 4246 18 Change "cat" to "can't" 4248 22 Change "using" to "use" 4249 7

Change "street" to "stream" 4250 1

Change "control" to "patrol" 4251 1,3 Change "devise" to "device" 4251 9

Change "In stead" to "Instead" 4251 24 Change "devise" to "device" 4252 12 Change "R" to "armed" 4254 5

Change "emetic" to "pneumatic" 4254 10 Change "emetic" to "pneumatic" 4257 9

Add "where MOX fuel is" after "reactors" 4257 12 Change "typical" to "typically" 4259 12 Change "veil" to "bale" 4259 19 Change "The" to "There" 4259 24 Change "requirements" to "require" 4260 15 Change "we" to "with" 4262 21 Change "Rube Golber" to "Rube Goldberg" 4263 3

Add "not" after "would" 4264 11 Change "forced" to "force" 4265 5

Change "cards" to "carts" 4272 6

Add "in" after "swimming" 4277 2

Delete "low" 4278 9

Change "presionless" to "frictionless" 4285 16 Change "conmesurate" to "commensurate" 6

-Page Line

-;Cprredtion 4291 2

Change "10 CFR 73.6(B)" to "10 CFR 73.6(b)"

4291 19 Change "self-protected" to "self-protecting" 4292 19 Change "data" to "design" 4295 17-18 Change citations to read as follows: "73.45(d)(1)(iv),

73.46(c)(1), 73.46(h)(3), and (b)(3) through (b)(12)"

4295 20 Change citations to read as follows: "(b)(4), (c)(1), 73.46(c)(1) 4295 21 Change "7345D1" to "73.145(d)(1)"

4295 24 Change "7346C1" to "73.46(c)(1)"

4296 1

Change "7346H3" to "73.46(h)(3)"

4296 4

Change "7346B3" to "73.46(b)(3)"

4296 5

Change "B 12" to "(b)(12)"

4296 7

Change "7346D9" to "73.46(d)(9)"

4296 10 Change "7346E3" to "73.46(e)(3)"

4296 16 Change to read: "10 CFR 73.46 subsections (c)(1), (h)(3) and (b)(3) through (12), and (d)(9)."

4296 17 Change "7345" to "73.45" 4296 18 Change "7345" to "73.45" 4296 19 Change "E3" to "(e)(3)"

4296 22 Chnage "E3" to "(e)(3)"

4297 4

Change citations to read: "(c)(1), (h)(3), and (b)(3) through (12), and (d)(9)"

4297 9

Change "H3" to (h)(3)"

4297 13 Change "7345 is D14" to "73.45 is (d)(14)"

4298 18 Change "B3" to "(b)(3)"

4298 19 Change "B3-B5" to "(b)(3)-(b)(5)"'

Add "like" after "would" 4299 5

Change "being" to "required" 4299 6

Change "7346B3" to "73.46(b)(3)"

4299 11 Change "is" to "are" 4299 12 Change "exemption" to "exemptions" 7

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4299 16 Change "Another case" to "In other cases" 4300 Passim Change "B3" to "(b)(3)"

4301 8

Change "B-A" to "(b)(4)"

4301 9

Change "10 CFR 7446B-4" to "10 CFR 73.46(b)(4)"

4302 Passim Change B-4, B-5, B-10, B-l l, B-12 to read "(b)(4)," "(b)(5),"

"(b)( O)," "(b)( 11),"(b)(12)"

4303 22 Change "7346B-6" to "73.46(b)(6)"

4305 13 Change "calipered" to "caliber" 4306 20, 25 Change "B-7" to "(b)(7)"

4312 2

Change "accurate" to "accurately" 4312 12 Add "A" before "qualification" 4312 14 Change "level" to "levels" 4315 20 Change "accurate" to "accurately" 4317 3, 5 change "B-8" to "(b)(8)"

4318 15 Change "high round" to "high right" 4319 14, 15 Change "B-9" to "(b)(9)"

4321 9

Change "exercises" to "exercise" 4329 17 Change "10 CFR 74346B-9" to "10 CFR 73.46(b)(9)"

4332 2

Change "7346B-10 or 11" to "73.46(b)(10) or (11)"

332 5-24 Change "B-12" to "(b)(12);" change "B-10" to "(b)(10);"

4change "B-i 1" to "(b)(1 1)"

4332 24 Change cite to "10 CFR 73.46(b)(12)"

4333 1

Add "a" after "have" 4335 I

Change "considerations" to "consideration" 4335 6

Change "or" to "our" 4335 16 Change "and" to "an" 4336 16 Change "Bute" to "But" 4336 23 Change "requirement that is" to "requirements that are" 4337 10 Add "in" after "be" 8

P;-;rpage

'Line,Correction

'`at' -

4341-4342 Passim Change "C-i" to "(c)(l)," "D-9" to "(d)(9)," "H-3" to "(h)(3),"

"I I -B"1 to "(I l)(b)"

JANUARY 12,2005 SESSION 4349 17 Change "50.46C1" to "73.46(c)(1)"

4349 24 Change "73.46.C-1" to "73.46(c)(1)"

4358 3

Change "rational" to "rationale" 4361 6, 9, 14 Change "MMA" to "MAA" 4367 7

Add "it" after "is" 4368 1

Add "it" after "then" 4374 18 Change "limited numbers" to "limits the numbers" 4384 24 Add "any" after "in" Change "arise" to "from arising" 4387 13 Change "authorized" to "authorization" 4398 19 Change "inch" to "foot" 4398 25 Change "there" to "three" 4399 16 Change "withdraw" to "withdrawn" 4401 6

Change "mix" to "MOX" 4401 23 Change "specialty" to "special" 4401 24 Add "nuclear" before "material" 4402 5

Change "H3" to "(h)(3)"

4402 6

Add "is" after "one" 4402 7

Change "B3 through 12" to "(b)(3)-(12)"

4402 10 Change "overwriting" to "overriding" 4402 14-17 Delete (text repeats earlier text) 4406 5

Change "uniform" to "uniforms" 4407 17 Change "they are" to "there is" 4407 21 Change "are" to "were" 4408 13 Change "approached" to "approach" 825 Change "reference on the Court's" to "referred to in the 4408 25Board's" 9

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4409 15 Change "and" to "or" 4409 16 Change "specialty" to "special nuclear" 4410 11 Change "specialty" to "special nuclear" 4410 20 Change "and" to "an" 4412 11 Change "steel" to "steal" 4412 16 Change "submittal state" to "mental state" 4420 1

Change "pertaining" to "training" 4420 13 Change "case" to "gate" 4427 11 Add "in" after "only" 4428 25 Add "whose" after "many" 4432 16 Change "loan" to "lone" 4439 4

Change "remained" to "remainder" 4439 14 Change "jut" to "just" 4445 3

Change "our" to "are" 4464 13 Change "member" to "ma'am" 4464 18 Delete "for" 4469 10 Change "10 CFT 73.2" to "10 CFR 73.2" 4470 10 Change "your" to "you're" JANUARY 12,2005 P.M. SESSION 4477 17 Change "relevant" to "revision" 4496 25 Change "calculation" to "call" 4508 7, 8 Change "cask" to "CAS" 4512 8

Change "I" to. "is" 4513 19 Change "'" to "you" 4514 12 Change "70.24" to "7/24" 4519 13, 14 Change "11" to "one" and "101" to "100 percent" 4525 2

Add "be" after "would" 4528 12, Change "address" to "addressed" 10

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crreti n 4528 16 Change "addition" to "additional" 4531 16, 20, 22 Change "Macguire" to "McGuire" 4532 5

Change "calls" to "walls" 4535 23 Change "plan" to "plant" 4535 24 Change "Al" to "All" 4536 14 Change "interviewer" to "intervenor" 4539 24 Change "V" to "B" (twice) 4540 25 Change "planned" to "plant" 4543 6

Change "on" to "one" 4544 24 Change "B" to "(a)"

4545 24 Change "yard" to "grid" 4552 9

Change "distributions" to "situations" 4558 18 Change "WITNESS NESBIT:" to "WITNESS WILLIAMS:"

4561 2

Change "wer'e" to "we're" 4565 24 Change "wer'e" to "we're" 4566 18 Change "inner lockto "interlock" 4567 20 Change "inner lock" to "interlock" 4575 16 Change "threat" to "theft" 4587 3, 6 Change "frownings" to "furor surrounding" 4589 20 Change "complete to "completed" 4609 21 Change "Williams" to "Edwards" 4621 13 Change "in" to "of' 4627 10 Add "devices" after "incendiary" 4635 6

Change "Macguire" to "McGuire;"

Change "Oconne" to "Oconee" 4640 4

Change "of' to "off' JANUARY 13,2005 TRANSCRIPT 4711 6

Change "post-bindings" to "post-trial findings" 4775 25 Change "rationing" to "racketing" 11

-P~age Line Ha jCorretion i

4777 14 Change "shear" to "sheer" 4800 9

Change "through" to "true" 4826 8

Change "kin" to "in" 4831 13 Change "couple phase" to "couple of days" 4833 17 Change "explain" to "explained" 4835 13 Change is o 'has" 4835 17 Change "Maguire" to "McGuire" 4839 23 Delete "force" following "a" 4844 21 Change "Armed Security Force" to "armed security force" 4844 22 Change "and" to "in an" 4853 24 Change "There" to "These" 4864 22 Change "privied" to "privy" 4864 24 Change "station" to "stationed" 4866 9

Change "privied" to "privy"9 4868 8

Change "privied" to "privy" 4868 20 Change "expect" to "expected" 4871 4

Add "within" before "the" 4879 25 Change "conceive" to "concede" 4891 18 Change "weapons' miss fire" to "weapons misfire" 4892 20 Change "know" to "knock" 4901 13 Add "you" after "hand" 4905 10 Change "privied" to "privy" 4913 25 Speaker is Judge Young 4938 22 Change "me" to "be" JANUARY 14,2005 TRANSCRIPT 5060 5

Change "protective" to "protected" 5063 7

Change "possibility" to "security" 5064 2

Change "Macguire" to "McGuire" 12

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^

5064 3

Change "Oconnee" to "Oconee" 5094 6

Change "basis" to "bases" 5105 24 Change "BVWXD" to "BVWXT" 5106 12 Change "asses" to "assess" 5106 14 Delete "a" 5107 16 change "part 74.5" to "Section 73.5" 5108 22 Change "SC" to "SER" Change "in considering" to "considered" 5109 25 Delete "the" 5137 11 Change "plan" to "plant" 5150 6

Add "have" after "They" JANUARY 14,2005 P.M. SESSION 5200 13, 14, 25 Change "UU" to "NRC-U" 5281 4

Delete "I" 5282 1

Change "last" to "except" 5284 13 Change "you" to "your" 5286 17 Change "actual" to "actually" 5289 17 Delete "a" 5295 2

Change "commandeer" to "commander" 5355 9, 10 Change "Williams"' to "Williams" 5294 2

Change "ares" to "areas" 5295 2

Change "commandeer" to "commander" 5296 13 Change "generals" to "in general" 5320 9

Change "patrol air" to "controlled area" 5358 10 Change "death" to "theft" 13 DC:403802.2

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

DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units I and 2)

)

)

)

)

)

)

Docket Nos.

50-413-OLA 50-414-OLA CERTIFICATE OF SERVICE I hereby certify that copies of "DUKE ENERGY CORPORATION'S PROPOSED CORRECTIONS TO TRANSCRIPT OF HEARING ON SECURITY CONTENTION 5, JANUARY 11-14, 2004" in the captioned proceeding have been served on the following via U.S. mail, first class, this 7th day of March, 2005. Additional e-mail service, designated by *, has been made this same day, as shown below.

Ann Marshall Young, Chairman*

Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY(nrc.gov)

Dr. Thomas S. Elleman*

Administrative Judge 5207 Creedmoor Road # 101 Raleigh, N.C. 27612 (e-mail: elleman~eos.ncsu.edu)

Office of Commission Appellate Adjudication Mail Stop 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Anthony J. Baratta*

Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AJB5@nrc.gov)

Office of the Secretary*

U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (original + two copies)

(e-mail: HEARINGDOCKET(nrc.gov)

Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 1

Susan L. Uttal, Esq.*

Antonio Fernandez, Esq.*

Shana Zipkin, Esq.*

Office of the General Counsel, O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slu(nrc.gov)

(e-mail: axf2@nrc.gov)

(e-mail: scz~nrc.gov)

Diane Curran*

Harmon, Curran, Spielberg &

Eisenberg, LLP 1726 M Street, N.W.

Suite 600 Washington, DC 20036 (e-mail: dcurran~harmoncurran.com) 4d'vwvi Anne W. Cottingham (

Counsel for Duke Energ.orporation 2

DC:404808.1