ML051390273
| ML051390273 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/09/2005 |
| From: | Wildermann N NRC/OGC |
| To: | NRC/OCM |
| Nathan R. Wilderman 301-415-1797 | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 9950 | |
| Download: ML051390273 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket No.
50-413-OLA
)
50-414-OLA
)
(Catawba Nuclear Station, Units 1 and 2)
)
NRC STAFFS REPLY TO DUKE ENERGY CORPORATIONS BRIEF ON REVIEW OF THE LICENSING BOARDS FINAL ORDER Nathan Wildermann Counsel for NRC Staff May 9, 2005
1 NRC Staffs Brief Responding to CLI-05-10 (NRCs brief), Duke Energy Corporations Brief on Review of the Licensing Boards Final Order Addressing Security Contention 5 (Dukes Brief), Blue Ridge Environmental Defense Leagues Brief in Response to CLI-05-10 Regarding Commission Review of LBP-05-10 (BREDLs Brief).
May 9, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket No.
50-413-OLA
)
50-414-OLA
)
(Catawba Nuclear Station, Units 1 and 2)
)
NRC STAFFS REPLY TO DUKE ENERGY CORPORATIONS BRIEF ON REVIEW OF THE LICENSING BOARDS FINAL ORDER On April 21, 2005, the Commission issued a Memorandum and Order, requesting the parties in this license amendment proceeding to address the necessity of conditions imposed by the Atomic Safety and Licensing Board (Licensing Board) in its Final Partial Initial Decision, issued March 10, 2005. Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI 10, 61 NRC (2005) (hereinafter CLI-05-10). The NRC staff (Staff), Duke Energy Corporation (Duke), and Blue Ridge Environmental Defense League (BREDL) filed briefs as requested on May 2, 2005.1 The Commissions April 21, 2005 order also permitted the parties to file reply briefs by May 9, 2005.
The Commissions order specifically requested the parties to brief the issue of the necessity of the conditions the Board imposed for the purposes of receipt of the MOX lead test assemblies. CLI-05-10. Dukes brief includes a section concerning the Licensing Boards decision in regard to design basis threat (DBT) requirements for sabotage and theft which appears to go beyond the scope of the Commissions Memorandum and Order and, for that matter invites the Commission to address more than the matters raised by the Commission itself. See Dukes Brief at 6-12. Thus, the Staff did not address such matters in its Brief, and will not do so in a reply to Duke's filing, unless otherwise directed by the Commission.
Respectfully submitted,
/NW/
Nathan Wildermann Counsel for NRC Staff Dated this 9th day of May, 2005 in Rockville, Maryland
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE 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 NRC STAFFS REPLY TO DUKE ENERGY CORPORATIONS BRIEF ON REVIEW OF THE LICENSING BOARDS FINAL ORDER in the above-captioned proceeding have been served on the following by first class mail, this 9th day of May, 2005.
Ann Marshall Young, Chair Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AMY@nrc.gov)
Anthony J. Baratta Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AJB5@nrc.gov)
Thomas S. Elleman Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: elleman@eos.ncsu.edu)
Office of the Secretary ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555 (E-mail: HEARINGDOCKET@nrc.gov)
Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Adjudicatory File U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036 (E-mail: dcurran@harmoncurran.com)
David A. Repka, Esq.
Mark Wetterhahn, Esq.
Anne W. Cottingham, Esq.
Winston & Strawn, L.L.P.
1700 K Street, NW Washington, DC 20006 (E-mail: drepka@winston.com acotting@winston.com mwetterhahn@winston.com)
Lisa F. Vaughn, Esq.
Timika Shafeek-Horton, Esq.
Duke Power - Law Department Duke Energy Corporation 526 South Church Street, EC07H P.O. Box 1006 Charlotte, NC 28201-1006 (E-mail: lfvaughn@duke-energy.com tshafeek@duke-energy.com)
/NW/
Nathan Wildermann Counsel for NRC Staff