ML041260344

Blue Ridge Environmental Defense League'S Second Set of Discovery Requests to Duke Energy Corporation

ML041260344
Person / Time
Site:	Catawba
Issue date:	04/26/2004
From:	Curran D Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:	Duke Energy Corp, Office of Nuclear Reactor Regulation
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7708
Download: ML041260344 (4)

Text

-RAS 17i0

-. AM QOBRPONDLA4 April 26, 2004 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED BEFORE THE ATOMIC SAFETY AND LICENSING BOARD USNRC May 4, 2004 (10:17AM)

In the Matter of Docket No's. 50-413-OLA, OFFICE OF SECRETARY DUKE ENERGY CORPORATION 50-414-OLA ADJUDICATIONS STAFF (Catawba Nuclear Station, Units I and 2)

BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S SECOND SET OF DISCOVERY REQUESTS TO DUKE ENERGY CORPORATION Pursuant to the schedule established by the Atomic Safety and Licensing Board's

("ASLB's') Order of March 30, 2004, Blue Ridge Environmental Defense League ("BREDL")

hereby requests that Duke Energy Corporation ("Duke") answer the following document production requests within the schedule established by the ASLB. These discovery requests pertain to Contentions I and II, as admitted by the ASLB in LBP-04-04, Memorandum and Order (Ruling on Standing and Contentions) (March 5, 2004).

I. INSTRUCTIONS Please follow the instructions contained in Section I of Blue Ridge Environmental Defense League's First Set of Discovery Requests Directed to Duke Energy Corporation (March 31, 2004) (hereinafter "BREDL's First Set of Discovery Requests to Duke').

II. DEFINITIONS Please apply the definitions contained in Section II of BREDL's First Set of Discovery Requests to Duke.

=SECY-035 3e5plfe sec orO

III. REQUEST FOR PRODUCTION OF DOCUMENTS A. Contention I REQUEST NO. 1-2: Any and all documents containing Duke's analysis of cross-flow between LEU fuel, MOX fuel, and "Next Generation" fuel, as described in Duke's presentation to the NRC Staff of April 23, 2004.

REQUEST NO. 1-3: Any and all documents discussing Duke's determination of the appropriate exclusion zone between fuel types.

REQUEST NO. 1-4: The Design Review Packages for LEU fuel, MOX fuel, and Next Generation fuel.

REQUEST NO. 1-5: Duke's procedures for monitoring fuel reliability and the actions planned upon detection of increased radioactivity in the primary coolant water.

B. Contention II REQUEST NO. 11-7. Any and all documents containing Duke's analysis of data from the VERCORS test series that was referred to by members of the Reactor Fuels Subcommittee of the Advisory Committee on Reactor Safeguards that was held at the NRC on April 21, 2004. Based on statements made by ACRS members at that meeting, it is BREDL's understanding that the NRC Staff has recently come into possession of this information.

Respectfully submitted, Da Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 e-mail: Dcurrangharmoncurran.com April 26, 2006

I i i,

CERTIFICATE OF SERVICE I hereby certify that on April 26, 2004, copies of Blue Ridge Environmental Defense League's Second Set of Discovery Requests to Duke Energy Corporation and Blue Ridge Environmental Defense League's Second Set of Discovery Requests to NRC Staff were served on the following by e-mail and/or first-class mail, as indicated below:

Ann Marshall Young, Chair Susan L. Uttal, Esq.

Administrative Judge Antonio Fernandez, Esq.

Atomic Safety and Licensing Board Kathleen A. Kannler, Esq.

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: T-3F23 Mail Stop 15 D21 Washington, D.C. 20555 U.S. Nuclear Regulatory Commission E-mail: AMY@nrc. gov Washington, D.C. 20555-0001 E-mail: sluGnrc.gov axf2@nrc.gov, Anthony J. Baratta KAK1@nrc.gov Administrative Judge Atomic Safety and Licensing Board Mary Olson U.S. Nuclear Regulatory Commission Southeast Office, Nuclear Information and Mail Stop: T-3F23 Resource Service Washington, D.C. 20555 P.O Box 7586 E-mail: AJBSnrc.gov Asheville, NC 28802 E-mail: nirs. sepmindspring. corm Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Lisa F. Vaughn, Esq.

Mail Stop: 0-16C1 Legal Dept. (PBO5E)

Washington, D.C. 20555 Duke Energy Corporation 526 South Church Street (EC 1iX)

Thomas S. Elleman Charlotte, NC 28201-1006 Administrative Judge E-mail: lfVaughn~duke-energy. cor Atomic Safety and Licensing Board 4760 East Country Villa Drive Janet Marsh Zeller, Executive Director Tucson, AZ 85718 Blue Ridge Environmental Defense League E-mail: eliemanseos.ncsu.edu P.O. Box 88 Glendale Springs, NC 28629 E-mail: BREDL~skybest. com David A. Repka, Esq.

Anne W. Cottingham, Esq.

Winston & Strawn, LLP 1400 L Street, N.W.

Washington, D.C. 20005-3502 E-mail: drepka~winston. com acottinqgwinston.com

2 Office of the Secretary (original and two copies)

ATTN: Docketing and Service

-U.S. Nuclear Regulatory Commission Mail Stop: O-16C 1 Washington, D.C. 20555 E-mail: HEARINGDOCKET@nrc . gov William D. Travers, Executive Director For Operations U.S. Nuclear Regulatory Commission Mail Stop 016E15 Washington, D.C. 20555 E-mail: wdtsnrc . gov 7)--jC Diane Curran