ML050970310

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Plutonium MOX Fuel Assemblies Not Be Sent to the Catawba Nuclear Plant Until Duke Has Fulfilled the License Conditions to the Satisfaction of the ASLB
ML050970310
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 03/30/2005
From: Curran D
Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To: Bodman S
Office of Nuclear Reactor Regulation, US Dept of Energy (DOE)
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 9723
Download: ML050970310 (2)


Text

RA! q9a23 HARMON, CURRAN, 1726 M Street, NW, Suite 600 SPIELBER Washington, DC 2003602 02) 328-3500 (202)

LLP LLP618 DOCKET NUMBER BY HAND DELIVERY PROD. &UTIL FAG 1 - S DOCKETED March 30, 2005 April 5, 2005 (11:37am)

OFFICE OF SECRETARY Samuel W. Bodman, Secretary RULEMAKINGS AND U.S. Department of Energy ADJUDICATIONS STAFF Forrestal Building, Room 6B222 1000 Independence Avenue S.W.

-- Washington, D.C. 20585 __ _ _ _ _ _ _

Dear Mr. Bodman,

As you are no doubt aware, the U.S. Department of Energy ("DOE") recently shipped four plutonium mixed oxide ("MOX") fuel assemblies from Europe to the United States via PNTL transport boat. The fuel assemblies, which are expected to arrive at the Charleston Naval Weapons Center sometime in early April, are to be sent to Duke Energy Corporation's ("Duke's") Catawba nuclear power plant for testing.

Duke may not accept the plutonium fuel assemblies, however, unless and until it has a valid license amendment from the U.S. Nuclear Regulatory Commission ("NRC").

While the NRC's Atomic Safety and Licensing Board ("ASLB") approved the issuance of Duke's license amendment on March 10, 2005, the ASLB put certain conditions on the license amendment that must be fulfilled before Duke can accept the plutonium MOX fuel. The ASLB deemed fulfillment of the conditions to be necessary to ensure that Duke's security measures for the plutonium MOX fuel will be adequate to protect the public. (Because the ASLB's decision contains safeguards information, I am not at liberty to describe the conditions in this letter.)

___ _On.behalf of the Blue Ridge Environmental Defense League (LBREDL"), -+am-writingto- -

request that you take all measures necessary to ensure that the four plutonium MOX fuel assemblies are not sent to the Catawba nuclear plant until Duke has fulfilled the license conditions to the satisfaction of the ASLB. It would not only be unlawful for Duke to receive the plutonium MOX fuel before it has fulfilled the conditions and received approval from the ASLB, but it would pose an unacceptable danger to public security.

Please provide written confirmation that you have taken the requisite measures.

Thank you very imuch.

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'HARMON, CURRAN, SPIELBER EISENBERG, LLP Samuel W. Bodman March 30, 2005 Page 2 Sincerely, ne Curran Counsel to BREDL Cc: Nils J. Diaz, Chairman, NRC ASLB Service List