ML20195G562

Order (Requesting Addl Info from Staff).* Based on Directives in SRM M970612,staff Should Furnish Listed Info by 981202.Applicant & Petitioners Have Until 981209 to File Response.With Certificate of Svc.Served on 981119

ML20195G562
Person / Time
Site:	Oconee
Issue date:	11/19/1998
From:	Cole R, Cotter B, Lam P Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, DUKE POWER CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#498-19728 98-752-02-LR, 98-752-2-LR, LR, NUDOCS 9811230027
Download: ML20195G562 (6)

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4 DOCKETED I UNITED STATES OF AMERICA USNRC  !

NUCLEAR REGULATORY COMMISSION i 1

ATOMIC SAFETY AND LICENSING BOARD 98 M]V 19 P3 :20 Before Administrative Judges: gppr ,~ ;7 ,

RUo. .. J B. Paul Cotter, Jr., Chairman ADJUN ' > > J FF Dr. Richard F. Cole Dr.-Peter S. Lam SEWED NW i 9 as In the Matter of Docket Nos. 50-269/270/287-LR DUKE ENERGY CORPORATION ASLBP No. 98-752-02-LR (Oconee Nuclear. Station, Units 1, 2, and 3)

November 19, 1998 l

I ORDER (Requesting Additional Information From Staff) 1 On November 16, 1998, Duke Energy Corporation and the NRC staff responded to the Supplemental Petition to intervene filed by Chattooga River Watershed Coalition and Norman " Buzz" Williams, William " Butch" Clay, and William Steven "W. S." Lesan (collectively referred to as " petitioners"). Certain issues have been raised by staff's response to petitioners' Contention 4 regarding the transportation of high-level waste (HLW) which need to be clarified before we can rule on this contention. In arguing that a contention regarding high-level waste

. transportation is impermissible, staff asserts that a rulemaking on this issue has been initiated at the NRC and that "the Commission's intent is that the environmental impacts of the

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transportation of high-level waste should not be litigated in individual adjudications." Hag Staff's Response at pp. 21-23.

Staff cites SECY-97-279 (December 3, 1998) and Staff Requirements Memorandum, SRM M970612 (January 13, 1998) in support of this argument. SECY-97-279 is a paper from staff to the Commission furnishing options for the manner in which license renewal

[ applicants should address environmental impacts regarding the transportation of high-level waste. One of these options is for

HLW transportation issues to be generically handled by rulemaking. SRM M970612 is the Commission's response to

'SECY-97-279 advising staff which options to utilize regarding the

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HLW transportation issue.

To determine the validity of staff's argument, we need to be updated concerning the status of the high-level waste transportation rulemaking. Our concern is that although SRM M970612 approves-the staff proposal to amend 10 C.F.R. S 51.53 by rulemaking (Option 3 of SECY-97-279), it also states that if this rulemaking would delay the license renewal process for specific plants, then applicants for license renewal should address in the plant-specific environmental report the generic and cumulative

' impacts. associated with transportation of high-level waste (Option 2 of SECY-97-279).

Based upon the Commission's directives in the SRM, the staff L should furnish the following information:

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1. What is the date staff anticipates the license renewal s

process for Oconee will;be-completed?

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2. When.was HLW transportation rulemaking initiated and i what is-the approximate date that a completed rule will become 1.

l effective?

3. Under.the schedule identified in response to questions 1 and 2, will this rulemaking delay the license renewal' process-for the Oconee units in the manner of concern to the Commission in SRM M970612 so as to require-HLW transportation impacts to be addressed in the plant specific environmental report. If not, please explain why.

4. To what-extent,-if'any, must licensing boards.in NRC l

l adjudicatory proceedings adhere to Commission directives in SRMs?

Staff'should provide this information by December 2, 1998, i The applicant and petitioners have until' December 9, 1998 to file 1

-- a response. i l

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l IT IS SO ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD I If. Pdul Cotter, . , Chairman l Administrative ' dge l

JP Dr. Richard F. Cole Administrative Judge W

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\ A 4 aun Dr. Peter S. Lam Administrative Judge l

I Rockville, Maryland '

November 19, 1998 l .

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of 1

DUKE ENERGY CORPORATION Docket No.(s) 50-269/270/287-LR (Oconee Nuclear Station, Units 1, 2, and 3)

CERTIFICATE OF SERVICE l

I hereby certify that copies of the foregoing LB ORDER-REQUEST'G ADD'L INFO have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate B. Paul Cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Marian L. Zobler, Esquire i Robert M. Weisman, Esquire Paul R. Newton, Esquire Office of the General Counsel Lisa F. Vaughn, Esquire Mail Stop 15 B18 Duke Energy Corporation U.S. Nuclear Regulatory Commission 422 South Church St. (Mail Code PB05E)

Washington, DC 20555 Charlotte, NC 28202

- J. Michael McGarry, III, Esquire David A. Repka, Esquire Norman " Buzz" Williams Winston & Strawn 190 Mountain Cove Rd.

1400 L Street, N.W. Mountain Rest, SC 29664 Washington, DC 20005

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l l Docket No.(s)50-269/270/287-LR LB ORDER-REQUEST'G AD0'L INFO 1

William " Butch" Clay W. S. Lesan P.O. Box 53 P.O. Box 66 Long Creek, SC 29658 Long Creek, SC 29658 l

Chattooga River Watershed Coalition

.P.O. Box 2006 Clayton, GA 30525 Dated at Rockville, Md. this 19 day of November 1998 Office of the Secretary tf the Consission P

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