ML050970478
| ML050970478 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/07/2005 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 9737 | |
| Download: ML050970478 (4) | |
Text
UNITED STATES OF AMERICA RAS 9737 NUCLEAR REGULATORY COMMISSION DOCKETED 04/07/05 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 04/07/05 Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-413-OLA, 50-414-OLA ASLBP No. 03-815-03-OLA April 7, 2005 ORDER (Regarding Redacted Version of Final Partial Initial Decision)
The Licensing Board in this proceeding involving Duke Energy Corporations application to amend the operating license for its Catawba Nuclear Station to allow the use of four mixed oxide (MOX) fuel lead test assemblies at the station, and related request for exemption from certain NRC security regulations, and Petitioner Blue Ridge Environmental Defense Leagues challenge to the application and exemptions in a contention earlier admitted for litigation in this proceeding hereby grants the Staffs request to review any summaries of redacted material in the to-be-issued public redacted version of our March 10, 2005, Final Partial Initial Decision in this proceeding. Therefore, today copies of a new proposed redacted decision, revised after our review of the parties arguments regarding redactions, is being provided to the parties, through service by the Office of the Secretary. As the redacted decision is not yet final, we are not yet providing this to the public, and at this point the document shall still be treated as Safeguards Information.
With regard to the parties arguments on redactions, the changes made to our prior version were made after considering all the parties proposals in this regard, and in all cases
1Copies of this document were sent this date by internet e-mail to counsel for all parties.
2 other than a few places where we believe de-redacting particular language would provide helpful introductory or otherwise explanatory, non-Safeguards information and thereby make the public part of the decision easier to read represent our conclusions with regard to the parties arguments, and should either be self-evident when compared to the parties arguments, or are being provided to the parties with the Safeguards document being filed today.
Unless, by April 13, 2005, the Board is shown persuasive reason not to issue the redacted decision in the form served today, it will be issued in essentially the same form, with any additional non-Safeguards editorial explanatory remarks found to be appropriate.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland April 7, 20051
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
)
50-414-OLA (Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING REDACTED VERSION OF FINAL PARTIAL INITIAL DECISION) have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612 Susan L. Uttal, Esq.
Antonio Fernández, Esq.
Shana Zipkin, Esq.
Nathan R. Wildermann, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Henry B. Barron, Executive Vice President Nuclear Operations Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (REGARDING REDACTED VERSION OF FINAL PARTIAL INITIAL DECISION)
David A. Repka, Esq.
Anne W. Cottingham, Esq.
Mark J. Wetterhahn, Esq.
Winston & Strawn LLP 1700 K Street, NW Washington, DC 20006 Lisa F. Vaughn, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036 Timika Shafeek-Horton, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street Charlotte, NC 28242
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 7th day of April 2005