ML021080351
| ML021080351 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 04/08/2002 |
| From: | Repka D Duke Energy Corp, Winston & Strawn |
| To: | Kelber C, Rubenstein L, Austin Young Atomic Safety and Licensing Board Panel |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4320 | |
| Download: ML021080351 (11) | |
Text
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WINSTON & STRAWN 140D L STREET N.W. 200 PARK AVENUE 35 WEST WACKER DRIVE NEW YORK, NEW YORK 10168-4193 CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20006-3502 21 AVENUE VICTOR HUGO 43 RUE DU RHONE (202) 371-6700 75116 PARIS. FRANCE 1204 GENEVA. SWITZERLAND FACSIMILE PM2) 371-65=
38TH FLOOR 333 SOUTH GRAND AVENUE DOCKETED www.Whston.com LOS ANGELES. CALIFORNIA I0071-1543 USNRC DAVID A. REPKA April 8, 2002 April 16, 2002 (4:04PM)
(2o2) 371-5n72 drepka@winston.com OFFICE OF SECRETARY RULEMAKINGS AND Dr. Charles N. Kelber ADJUDICATIONS STAFF Ann Marshall Young, Chairman Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Lester S. Rubenstein Administrative Judge 4760 East Country Villa Drive Tucson, Arizona 85718 Re: In the Matter of Duke Energy Corporation McGuire Nuclear Station, Units 1 and 2 Catawba Nuclear Station, Units 1 and 2 Docket Nos. 50-369-LR, 50-370-LRt 50-413-L1, 50-414-LR
Dear Administrative Judges:
On March 29, 2002, Nuclear Information and Resource Service (NIRS) filed Interrogatories, Requests for Admission, and Requests for Production from Duke Energy in this license renewal proceeding (relating to Contention 1). Duke Energy objects to some of these discovery requests and has sought clarifications and limitations of others. In accordance with the Licensing Board's Order of March 14, 2002, Duke Energy has discussed these issues with NIRS's representative and some progress has been made.
Nonetheless, some disputes remain. Therefore, consistent with the March 14 Order, Duke Energy is providing this "written recounting" of the remaining discovery disputes so these matters may be addressed during the scheduled April 10 prehearing call.
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Administrative Judges April 8, 2002 Page 2 Specifically, attached is a chart reflecting the status of discussions on discovery issues. The specific requests that will require discussion before the Licensing Board are marked by an asterisk (*). We do not here attempt to recount fully the objections and discussions. Our intent is merely to allow the Licensing Board to review the requests at issue prior to the call.
We will be prepared to discuss these matters as necessary on the status call.
Sincerely, David A. Repka Counsel for Duke Energy Corporation cc: Service List (w/Enclosure)
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March 29, 2002 NIRS Interrogatories and Discovery Request
-Reference Summary Status Request for Catawba 1, Catawba 2, McGuire I and Duke will respond.
Admission McGuire 2 are under contract (or subcontract)
No. 1 with the U.S. Department of Energy (DOE) to irradiate surplus weapons plutonium in the form of MOX fuel.
Interrogatory If your answer to the foregoing Request for Duke will respond.
No. 1 Admission No. I is other than an unequivocal admission, please state the factual basis for such response.
Request for Please produce for inspection and copying all Duke will respond.
Production documents, which you believe, support your No. IA answer to Interrogatory No. 1.
Request for Please produce for inspection and copying all NIRS has DOE contract DEAC0299CH1088 and Production contract(s) between the U.S DOE and DCS some amendments thereto. NIRS will identify to No. 1B (Duke Cogema StoneandWebster) and all Duke those amendments it has already. Duke will amendments regarding surplus plutonium provide any additional amendments that are in disposition and plutonium (MOX) fuel Duke's possession (NIRS understands that Duke irradiation or Mission Reactors. may not have a complete set). NIRS agrees that Duke may redact proprietary commercial terms.
Request for Please produce for inspection and copying Duke will provide Duke-DCS subcontract. NIRS Production contract(s) between Duke Energy (or any other agrees that Duke may redact proprietary No. IC entity with authority over Catawba 1, Catawba commercial terms.
2, McGuire 1 and McGuire 2 ) and DCS with respect to Catawba 1, Catawba 2, McGuire 1 and McGuire 2.
Matters that require discussion on April 10, 2002 status call with Licensing Board are marked by a 1
Reference Summary Status Request for DCS is contracted with the U.S. Department of Duke will respond.
Admission Energy (DOE) for specified "deliverables" No. 2 listed in Attachment 1 of Section J of Contract No. DE-AC02-99CH10888 including: Mission Reactor System Modification Plan(s); Mission Reactor Licensing Plan(s); Mission Reactor Permitting Plan(s); Mission Reactor Irradiation Plan(s). Since Catawba and McGuire are Mission Reactors, these reports to DOE refer to them, and activities that pertain to them.
Interrogatory If your answer to the foregoing Request for Duke will respond.
No. 2 Admission No. 2 is other than an unequivocal admission, please state the factual basis for such response.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope. Also, Production current final or current draft versions of: the document includes proprietary information.
No. 2A* Mission Reactor System Modification Plan(s). Issue remains subject to further discussion.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope. Duke Production current final or current draft versions of proposes to provide elements of the plan related No. 2B* Mission Reactor Licensing Plan(s) to schedule. Issue remains subject to further discussion.
Request for Please produce for inspection and copying all Permitting plan was not created. Duke/NIRS Production current final or current draft versions of agree that Duke will provide copy of letter to No. 2C Mission Reactor Permitting Plan(s). DOE re: permitting.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope. Also, Production current final or current draft versions of the document includes proprietary information.
No. 2D* Mission Reactor Irradiation Plan(s). Duke proposes to provide non-proprietary elements of plan related to schedule. Issue remains subject to further discussion.
2
,Reference - Summary Status Request for Please produce for inspection and copying all Duke objects as beyond scope and overbroad.
Production documents used to prepare the contracted NIRS agrees to be more specific. No response No. 2E items identified in requests for production 2 A needed at this time.
-2D.
Request for Duke Energy intends to apply for a license Duke will respond.
Admission amendment to load test fuel (MOX) assemblies No. 3 into one or more of the Catawba 1, Catawba 2, McGuire 1 and McGuire 2 reactors under the current license for these reactors, or in the initial time of the renewed license.
Interrogatory If your answer to the foregoing Request for Duke will respond.
No. 3 Admission No. 3 is other than an unequivocal admission, please state the factual basis for such response.
Request for Please produce for inspection and copying any Duke objects to request as overbroad and onerous, Production documents or contracts or work product on the and because relevant information is in the No. 3A development, production and prospective response to 3B below. NIRS agrees to be more loading of test MOX fuel assemblies. specific. No response needed at this time.
Request for Please produce for inspection and copying all NIRS has agreed to limit the request such that Production documents evidencing the cunrrent timetable for Duke will provide the most recent information on No. 3B lead test assembly development and timetable as presented to NRC in public meetings.
application for license amendment to load lead test assembly(ies).
Request for On July 25m, 2000 at a public meeting at NRC Duke will respond.
Admission headquarters during a presentation about No. 4 license renewal at Catawba and McGuire by Duke Energy, a representative of Duke Energy stated that if MOX fuel would interfere with safe operations at Duke reactors through the period of license extension, then Duke would not use MOX fuel.
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Interrogatory If your answer to the foregoing Request for No.4 Admission No. 4 is other than an unequivocal admission, please state the factual basis for such response.
Request for Please produce for inspection and copying a Duke will respond.
Production list of all Duke representatives and other No. 4A personnel from the company who were present at the July 25, 2000 meeting at NRC headquarters on license renewal.
Request for Please produce for inspection and copying all Duke will respond.
Production documents pertaining to MOX fuel use and No. 4B license renewal, particularly, but not limited to, the period of extended operations.
Request for Please produce for inspection and copying all Duke finds this request unclear. NIRS has Production documents pertaining to exemption requests clarified the request such that the focus is on the No. 4C made to NRC with respect to license renewal exemption request for MNS and CNS, and the for McGuire 2 and Catawba 1 & 2 and MOX rationale/justification for that request and any link fuel, or plutonium disposition or DOE or DCS to MOX. Duke will respond accordingly.
contracts or Duke or DCS reports to DOE.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope. NIRS Production documents on the fission yield and neutron does not concede the point.
No. 4D* flux of weapons grade plutonium and also reactor grade plutonium (MOX) fuel reviewed, used or consulted by Duke in assessing plutonium (MOX) fuel use or impacts.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope. NIRS Production documents pertaining to plutonium fuel does not concede the point.
No. 4E* characteristics and any and all types of aging of reactor vessel, reactor vessel penetrations and reactor internal components.
1, 4
Refrence Sum.iary status Request for Please produce for inspection and copying all Duke objects to request as beyond scope. NIRS Production documents pertaining to plutonium (MOX) does not concede the point.
No. 4F* fuel source term and Duke reactors.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope and Production documents concerning the feasibility of using overbroad. NIRS does not concede the point.
No. 4G* mixed oxide fuel as a light water reactor fuel in general, and specifically in Catawba and McGuire.
Interrogatory Please state the reasons that Duke Energy Duke will respond.
No. 5 decided to contract Catawba and McGuire as Mission Reactors to irradiate weapons plutonium (MOX) fuel.
Interrogatory Identify the individual by name, address and Duke will address in its response.
No. 6 job title, and relationship to Duke Energy who participated in or prepared the answers to these interrogatories and requests for production, other than in a purely clerical capacity. If more than one person was involved in preparing the answers to these interrogatories, describe for each such individual the information which that person provided in preparing the answers.
Interrogatory Identify all documents, records, or other Duke will address in its response.
No. 7 materials used in, or relied upon, in preparing your answers and all relevant documents containing information relating to each Interrogatory, and identify by number which interrogatory response to which each document is applicable.
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Reeene Summary -- Status Interrogatory For each isotope present in a typical, new, Duke objects to request as beyond scope. NIRS No. 8* enriched uranium fuel rod at Catawba and does not concede the point.
McGuire, please specify
- a. The mass,
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Interrogatory For each isotope present in a typical spent Duke objects to request as beyond scope. NIRS No. 9* enriched uranium fuel rod with does not concede the point.
full burnup at the Catawba and McGuire power plants, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Interrogatory For each isotope present in a new mixed oxide Duke objects to request as beyond scope. NIRS No. 10* fuel rod contemplated for use in the McGuire does not concede the point.
and Catawba power plants, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
6
Reeene Summary Status Interrogatory For each isotope-projected to be present in a Duke objects to request as beyond scope. NIRS No. 11* spent mixed oxide fuel rod with full does not concede the point.
bumup from Catawba and McGuire, specify
- a. The mass
- b. The number of curies
- c. The half life and
- d. The type of radiation emitted.
Interrogatory For each reactor at the Catawba nuclear Duke objects to request as beyond scope. NIRS No. 12* station, specify does not concede the point.
- a. The number of fuel rod assemblies
- b. The number of control rod assemblies
- c. The number of fuel rods in each assembly
- d. The total mass of all fuel rod assemblies in each reactor
- e. The total mass of all control rod assemblies in each reactor.
Interrogatory For each reactor at the McGuire nuclear Duke objects to request as beyond scope. NIRS No. 13* station, specify does not concede the point.
- a. The number of fuel rod assemblies
- b. The number of control rod assemblies
- c. The number of fuel rods in each assembly
- d. The total mass of all fuel rod assemblies in each reactor
- e. The total mass of all control rod assemblies in each reactor.
Request for Please produce for inspection and copying all Duke objects to request as beyond scope, but Production of Duke Energy's annual reports to Duke/NIRS agree that Duke will provide last five No. 5 shareholders for the years 1992 to 2002. years only.
7 9 . N'
rSummary Status Request for Please produce for inspection and copying all Duke objects to request as beyond scope and not Production reports filed by Duke Energy with the well-defined. NIRS has agreed to limit the scope No. 6* PSC/PUCs of North Carolina and South of the request to reports from 1996 on, but the Carolina concerning future availability of request remains subject to further clarification and electrical generation for the years 1992 to discussion. Annual resource plans filed in both 2012. states are public documents available through the commissions.
Request for Please identify and make available all letters, Duke objects to request as overbroad and because Production memos, electronic mails ("emails"), contracts, NRC-icensee interactions are subject to public No. 7* reports, audio recordings, transcripts, process for availability of documents. NIRS does documents or work product which Duke not concede the point.
Energy as licensee has sent to the Nuclear Regulatory Commission concerning mixed oxide fuel.
Request for Please produce for inspection and copying all Duke objects to request as overbroad and because Production letters, memos, electronic mails, contracts, NRC-licensee interactions are subject to public No. 8* reports, audio recordings, transcripts, process for availability of documents. NIRS does documents, or work product which Duke not concede the point Energy as licensee has received from the Nuclear Regulatory Commission concerning mixed oxide fuel.
Request for Identify and make available all letters, memos, Duke objects to request as overbroad and Production electronic mails, contracts, reports, audio burdensome. NIRS agrees to redefine the request No. 9 recordings, transcripts, documents or work in a more limiting way. No response needed at product the licensee has sent to the Department this time.
of Energy concerning mixed oxide fueL Request for Please produce for inspection and copying all Duke objects to request as overbroad and Production letters, memos, electronic mails, contracts, burdensome. NIRS agrees to redefine the request No. 10 reports, audio recordings, transcripts, in a more limiting way. No response needed at documents or work product the licensee has this time.
received from the Department of Energy I concerning mixed oxide fuel.
8
Referen ce u*m m ary Status Request for Identify and make available all letters, memos, Duke objects to request as overbroad and Production electronic mails, contracts, reports, audio irrelevant. MIRS does not concede the point.
No.11
- recordings, transcripts, documents or work product the licensee has sent the Nuclear Energy Institute concerning mixed oxide fuel.
Request for Please produce for inspection and copying all Duke objects to request as overbroad and Production letters, memos, electronic mails, contracts, irrelevant. NIRS does not concede the point.
No. 12* reports, audio recordings, transcripts, documents or work product the licensee has received from the Nuclear Energy Institute I concerning mixed oxide fuel.
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