[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Pages 29982-29983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11853]
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NUCLEAR REGULATORY COMMISSION
[Docket No's. 50-413-OLA, 50-414-OLA; ASLBP No. 03-815-03-OLA]
Atomic Safety and Licensing Board; Duke Energy Corporation,
(Catawba Nuclear Station, Units 1 and 2); Notice of Evidentiary Hearing
and Opportunity To Make Limited Appearance Statements Before
Administrative Judges: Ann Marshall Young, Chair, Anthony J. Baratta,
Thomas S. Elleman
May 20, 2004.
This Atomic Safety and Licensing Board hereby gives notice that,
beginning on Tuesday, June 15, 2004, it will convene an evidentiary
hearing in Charlotte, North Carolina, to receive testimony and exhibits
and allow the cross-examination of witnesses on certain matters at
issue in this proceeding. In addition, the Board gives notice that, in
accordance with 10 CFR 2.715(a), it will also entertain oral limited
appearance statements from members of the public, as specified in
section B below.
This proceeding involves certain challenges of Intervenor Blue
Ridge Environmental Defense League (BREDL) to a request filed by Duke
Energy Corporation (Duke) to amend the operating license for its
Catawba Nuclear Station to allow the use of four mixed oxide (MOX) lead
test assemblies at the station. (MOX fuel contains a mixture of
plutonium and uranium oxides, with plutonium providing the primary
fissile isotopes; Duke has submitted its request as part of the ongoing
U.S.-Russian Federation plutonium disposition program, a nuclear
nonproliferation program to dispose of surplus plutonium from nuclear
weapons by converting the material into MOX fuel and using that fuel in
nuclear reactors.) On September 17, 2003, this Licensing Board was
established to preside over this proceeding. 68 FR 55,414 (Sept. 25,
2003). By Memorandum and Order dated March 5, 2004, the Licensing Board
granted BREDL's request for hearing. LBP-04-04, 59 NRC--(2004).
At the June evidentiary hearing, the Board will receive evidence on
BREDL's challenges to the adequacy of certain aspects of Duke's license
amendment request, relating to asserted differences in the behavior of
MOX fuel and typical low enriched uranium fuel and the impact of those
differences on accident scenario analyses for the Catawba plant.
A. Timing and Location of Evidentiary Hearing
The evidentiary hearing will commence the morning of Tuesday, June
15, 2004 at 9 a.m. in the Federal Courthouse, 401 West Trade Street,
Charlotte, North Carolina. The hearing of the above-described evidence
will continue on June 16 and the morning of June 17, 2004, as
necessary. At the conclusion of each day, the Board will announce when
the hearing will reconvene, which will generally be at 9 a.m. each day.
The Board may make changes in the schedule, lengthening or shortening
each day's session or canceling a session as deemed necessary or
appropriate to allow for witnesses' availability and other matters
arising during the course of the proceeding.
Members of the public are encouraged to attend any and all sessions
of this evidentiary hearing, but should note that these sessions are
adjudicatory proceedings open to the public for observation only. Those
who wish to participate are invited to offer limited appearance
statements as provided in section B, below. There will be security
screening for all sessions, and electronic devices may not be brought
into the courthouse.
B. Participation Guidelines for Limited Appearance Session
On the evening of June 15, 2004, beginning at 6 p.m. and continuing
until 8 p.m. as necessary, in a portion of the Grand Ballroom (lobby
level) of the Omni Charlotte Hotel (132 East Trade Street), any persons
who are not parties to the proceeding will be permitted to make oral
statements setting forth their positions on matters of concern relating
to this proceeding. Although these statements do not constitute
testimony or evidence, they may nonetheless help the Board and/or the
parties in their consideration of the issues in this proceeding.
The time allotted for each statement will normally be no more than
five minutes, but may be further limited depending on the number of
written requests to make oral statements that are submitted in
accordance with section C below, and/or on the number of persons
present the evening of June 15, 2004, who wish to make unscheduled
comments. Persons who submit timely written requests to make oral
statements will be given priority over those who have not filed such
requests. If all scheduled and unscheduled speakers present have made
their oral statements prior to 8 p.m., the Licensing Board may
terminate the session before 8 p.m.
[[Page 29983]]
C. Submitting Requests To Make an Oral Limited Appearance Statement
To be considered timely, a written request to make an oral
statement must be mailed, faxed, or sent by e-mail so as to be received
by close of business (4:30 p.m. e.s.t.) on Monday, June 7, 2004.
Written requests should be submitted to:
Mail: Office of the Secretary, Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
E-mail: [email protected].
In addition, using the same method of service, a copy of the
written request to make an oral statement should be sent to the Chair
of this Licensing Board as follows:
Mail: Administrative Judge Ann Marshall Young, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599 (verification (301) 415-7550).
E-mail: [email protected].
D. Submitting Written Limited Appearance Statements
A written limited appearance statement may be submitted at any
time. Such statements should be sent to the Office of the Secretary
using any of the methods prescribed above, with a copy to the Licensing
Board Chair by the same method.
E. Availability of Documentary Information Regarding the Proceeding
Documents relating to this proceeding are available for public
inspection at the NRC Public Document Room (PDR), located at One White
Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland;
or electronically through the publicly available records component of
the NRC Agencywide Documents Access and Management System (ADAMS).
ADAMS is accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The PDR and many public libraries have terminals
for public access to the Internet. Persons who do not have access to
ADAMS or who encounter problems in obtaining access to the documents
located in ADAMS may contact the NRC PDR reference staff by telephone
at 1 (800) 397-4209 or (301) 415-4737, or by e-mail to [email protected].
For the Atomic Safety and Licensing Board.
Dated: Rockville, Maryland, May 20, 2004.
Ann Marshall Young,
Chair, Administrative Judge.
[FR Doc. 04-11853 Filed 5-25-04; 8:45 am]
BILLING CODE 7590-01-P