ML020510508

Response to NRC Staff Correction of January 7, 2002

ML020510508
Person / Time
Site:	Catawba, McGuire, Mcguire
Issue date:	01/17/2002
From:	Olson M Nuclear Information & Resource Service (NIRS)
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 3924
Download: ML020510508 (4)

Text

'RA4S 39IQ4 DOCKETED USNRC

-1 2002 FEB 19 AM II: OO UNITED STATES OF AMERICA OFFICE (: ;Ei(LTARY NUCLEAR REGULATORY COMMISSION RULEtIAKiNGS AND ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:

Ann Marshall Young, Chair Dr. Charles N. Kelber Lester S. Rubenstein In the Matter of Docket No's. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR DUKE ENERGY CORPORATION ASLBP No. 02-794-01-LR (McGuire Nuclear Station, Units I and 2, Catawba Nuclear Station, Units 1 and 2) January 17, 2002 Response to NRC Staff Correction of January 7, 2002 We appreciate the clarification and correction offered by Counsel Fernandez about the rights of petitioners to challenge a finding of no significant impact and the issue of whether or not an environmental impact statement is warranted.

I would like to point out that the burden of making a showing that Duke and the NRC must do an environmental impact statement (EIS) is far greater than to the showing that a particular aspect of an EIS is not adequate, is incorrect, or that relevant analyses have been left out. The fact that an environmental impact statement on the impact of the operation of these reactors over the potential plutonium-use period is currently being prepared must not be forgotten. In our view, if license renewal were timed so that the MOX use issue were definitively resolved for these reactors, then the environmental impacts of MOX use would either be irrelevant (in the case that the program is not implemented), or alternately, plutonium fuel impacts would be within the scope of the analysis if the program goes forward. In the latter case, the public that will 1,eeh t~te_ s~ic/ec y /

-2 be impacted by this novel program would have the opportunity to assess that analysis without first having to create one of their own, sufficient to meet the requirement of over-turning staff findings.

Since the Commission has referred the issue of MOX consideration to the ASLB, we ask again that the Board rule upon our contentions, with recognition that changes in fuel type is not an inconsequential matter.

Examination of the transcript from the oral arguments of December 18 underscores the need for clarification of two other matters, which we hope the Board will address in the ruling. The first of these is that while there is abundant transcript from the Duke legal representative, Mr. Repka, about the fact that no plutonium fuel use issues will be foreclosed in advance, there is only concomitant "nodding of heads" from NRC staff counsel. We are concerned by this since it is NRC that is in the position to foreclose a petitioner's issues than is Duke. Therefore we ask again that the order reflect this conversation, and not simply the transcript of oral argument.

The second issue is confusion in the transcript about what section of the regulations a MOX-use license amendment would fall. At one point Judge Kelber mentioned, "subpart K" (I regret that I have loaned my copy of the transcript to an associate and so cannot add a citation here). On the next day, the 19'b, it was stated that the process would be under Subpart G. It would be helpful for this issue also to be clarified at this stage, since there is no precedent for this type of fuel use.

Thank you, Mary Ols-on Nuclear Information and Resource Service Asheville, NC

January 18, 2002 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING BOARD In the Matter of )

)

DUKE ENERGY CORPORATION ) Docket Nos. 50-369, 370, 413 and 414

)

(McGuire Nuclear Station, )

Units I and 2, and )

Catawba Nuclear Station )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Response to NRC Staff Correction of January 7, 2002" were deposited in US mail, first class today, January 18, 2002 subsequent to electronic transmission yesterday, to all partied listed below.

Ann Marshall Young, Chair* Office of Commission Appellate Adjudication*

Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: T-3F23 Office of the Secretary*

Washington, D.C. 20555 ATTN: Docketing and Service (E-mail: AMY@nrc.gov) U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Charles N. Kelber* Washington, D.C. 20555 Administrative Judge (E-mail: HEARINGDOCKET@nrc.gov)

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Janet Zeller Mail Stop: T-3F23 Executive Director Washington, D.C. 20555 Blue Ridge Environmental Defense League (E-mail: CNK@nrc.gov) P.O. Box 88 Glendale Springs, NC 28629 Lester Rubenstein (E-mail: BREDL@skybest.com)

Administrative Judge Atomic Safety and Licensing Board Don Moniak U.S. Nuclear Regulatory Commission BREDL Aiken Office Washington, D.C. 20555 P.O. Box 3487 Mail Stop: T-3F23 Aiken, SC 29802-3487 (E-mail: Lesrrr@msn.com) (E-mail: donmoniak@earthlink.net)

Susan L. Uttal, Esq. Paul Gunter Antonio Fernandez Nuclear Information and Resource Service Office of General Counsel 1424 1 6 th St. N.W. Suite 404 U.S. Nuclear Regulatory Commission Washington, D.C. 20026 Washington, DC 20555 (E-mail: pgunter@nirs.org)

(E-mail: sul@nrc.gov)

Jesse Riley Lisa F. Vaughn, Esq.

854 Henley Place Legal Dept. (PBO5E)

Charlotte, NC 28207 Duke Energy Corporation (E-mail: JIr2020qaol.com) 422 So. Church St.

Charlotte, NC 28201-1006 (E-mail: IfVaughn@duke-energy.com)

David A. Repka, Esq.

Anne W. Cottingham, Esq.

Winston & Strawn 1400 L Street, N.W.

Washington, D.C. 20005-3502 (E-mail: drepka@winston.com acotting@winston.com)

/ 1- ((

Mary Olson Nuclear Information & Resource Service Southeast Office, Asheville, NC This 1 8 th Day of January, 2002