ML041310346
| ML041310346 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/06/2004 |
| 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 7733 | |
| Download: ML041310346 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7733 DOCKETED 05/06/04 ATOMIC SAFETY AND LICENSING BOARD SERVED 05/06/04 Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORA TION ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) May 6, 2004 ORDER (Confirming Matters Addressed at May 4, 2004, Telephone Conference)
On May 4, 2004, a telephone conference was held in this proceeding,1 to consider various discovery-related and other issues. The following matters were addressed:
- 1. In lieu of the telephone conference originally scheduled for May 14, 2004, at 10:00 a.m., a closed session will be held at the same time in the NRC offices in Rockville, so that, in addition to any discovery-related issues and other appropriate matters, any security-related matters involving Safeguards information, including proposed redactions from the Boards April 12, 2004, Memorandum and Order (Ruling on Security-Related Contentions), may be discussed. Tr. 1776-79. All non-NRC parties shall follow the same protocol as previously followed with regard to providing the names, organizational affiliations, birth dates and citizenship status for each person expected to attend the session; this information shall be 1
This proceeding involves Dukes February 2003 application to amend the operating license for its Catawba Nuclear Station to allow the use of four mixed oxide (MOX) lead test assemblies (LTAs) at the station. By Memorandum and Order dated March 5, 2003, Petitioner Blue Ridge Environmental Defense League (BREDL) was admitted as a party in the proceeding, after having filed a petition to intervene and request for hearing in response to a July 2003 Federal Register notice concerning this application. See LBP-04-04, 59 NRC ___ (2004); 68 Fed. Reg. 44,107 (July 25, 2003). Additional background on this proceeding is provided in LBP-04-04, as well as in an April 12, 2004, Memorandum and Order (Ruling on Security-Related Contentions), which was, when issued, sealed as Safeguards Information, but a redacted version of which will be published in the near future.
provided no later than 9:00 a.m. Thursday, May 13, to the undersigned, Judge Baratta, and Mack Cutchin (email: JMC3@nrc.gov). Upon arrival at the NRC offices at Two White Flint on May 14, all participants will be escorted to the hearing room. In addition, as requested by Duke counsel, to the extent necessary to allow greater participation of the experts in Safeguards Information, the session will be conducted in a more informal conference-type manner; however, all discussion will be on the record.
- 2. Regarding the NRC Staffs April 30 discovery objections based on the deliberative process privilege, and request for protective order, the general nature of these was noted, and any necessary rulings on any such objections and request will be made only if the parties cannot resolve these issues among themselves, and to the degree appropriate after more specific content is provided with regard to these. Tr. 1773-76. Should there be any requests for subpoenas regarding any proprietary materials of other entities, any questions of subpeona power or jurisdiction over materials of the French government or French companies shall be raised as early as possible. Tr. 1774.
- 3. Based upon the extreme and unavoidable circumstance of serious accidental injury to the father of BREDL expert Dr. Edwin Lyman, the deadline for filing of responses to the second round of written discovery requests on non-security-related contentions was extended to May 13, 2004, and the deadline for motions to compel regarding the same was extended to May 17, 2004; the parties shall, however, be prepared to the extent possible to discuss any disputes relating to any such responses during the May 14 session. Tr. 1779-82.
- 4. The parties were given a deadline of May 5, 2004, to file responses to other parties suggestions regarding redactions to the Boards April 12, 2004, sealed Memorandum and Order; discussion of all suggestions will be held during the May 14, 2004, session. The parties should be prepared at the May 14 session to address any legal standards for what constitutes
Safeguards Information, in addition to having the Staffs expert address the rationale behind the Staffs proposed redactions. Tr. 1777-78.
- 5. Duke counsel noted a problem with the June 25, 2004, date for a closed session based on conflicts that Mr. Repka and Mr. Wetterhahn have on that date. Tr. 1784. Due to other scheduling issues relating to the availability of all Board members, however, Duke counsel agreed to evaluate its options and possibly attempt to handle the situation by having Ms. Cottingham and Ms. Vaughn represent Duke at the June 25 session. Tr. 1786-89.
- 6. BREDL counsel asked whether the time for depositions on security-related issues might be extended beyond the August 9 end date, and it was agreed to consider the necessity for this based on whether any motions to compel are filed by the August 6 deadline for the same, and on whether any disputes require resolution by the Board at or after the August 10 scheduled closed session . Tr. 1792-95. The parties should therefore tentatively keep open the dates of August 11-13, 2004, to be utilized as necessary for any final discovery, including deposition(s), arising out of the resolution of any disputes considered on August 10. Tr. 1796.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland 2
May 6, 2004 2
Copies of this Memorandum and Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
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 (CONFIRMING MATTERS ADDRESSED AT MAY 4, 2004, TELEPHONE CONFERENCE) 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 Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Henry B. Barron, Executive Vice President Antonio Fernández, Esq. Nuclear Operations Margaret J. Bupp, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop - O-15 D21 P.O. Box 1006 U.S. Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.
Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.
729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (CONFIRMING MATTERS ADDRESSED AT MAY 4, 2004, TELEPHONE CONFERENCE)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Mark J. Wetterhahn, Esq. Mail Code - PB05E Winston & Strawn LLP 422 South Church Street 1400 L Street, NW P.O. Box 1244 Washington, DC 20005 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 6th day of May 2004