[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Notices]
[Pages 31847-31848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12749]
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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); Amended, Notice of
Evidentiary Hearing and Opportunity To Make Limited Appearance
Statements
May 28, 2004.
Before Administrative Judges: Ann Marshall Young, Chair, Anthony J.
Baratta, Thomas S. Elleman.
This Atomic Safety and Licensing Board hereby provides this amended
notice of hearing, revising its earlier May 20, 2004, Notice of
Hearing. See 69 FR 29,982 (May 26, 2004). The Board will still, in
accordance with 10 CFR 2.715(a), entertain oral limited appearance
statements from members of the public, as specified in Section A below,
in afternoon and evening sessions on June 15, 2004, from 3:30 to 5:30
p.m. and 7 to 9 p.m., respectively, in Charlotte, North Carolina. The
evidentiary hearing previously scheduled to commence on June 15, 2004,
in Charlotte is, however, as specified in Section D below, rescheduled
now to commence on July 14, 2004, at the NRC Offices in Rockville,
Maryland, where the Board will receive testimony and exhibits and allow
the cross-examination of witnesses on certain matters at issue in this
proceeding. This rescheduling was requested by Intervenor Blue Ridge
Environmental Defense League (BREDL), with the agreement of Duke Energy
Corporation (Duke) and the NRC Staff, because of the unavoidable and
extreme circumstance of the unavailability of BREDL's expert to prepare
for the June hearing dates due to family health issues.
As previously noted, this proceeding involves certain challenges of
BREDL to Duke's request 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 Memoranda and Orders dated March 5 and April 12, 2004 (the
latter sealed as Safeguards Information; redacted version issued May
28, 2004), the Licensing Board granted BREDL's request for hearing and
admitted various non-security-related and security-related contentions.
LBP-04-04, 59 NRC--(2004); LBP-04-10, 59 NRC--(2004). At the July
evidentiary hearing, the Board will receive evidence on BREDL's non-
security-related Contention I, challenging 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. Participation Guidelines for Limited Appearance Session
On June 15, 2004, in two sessions, from 3:30 to 5:30 p.m. and 7 to
9 p.m., respectively, 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. 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 9 p.m., the Licensing
Board may terminate the session before 9 p.m.
B. Submitting Requests To Make an Oral Limited Appearance Statements
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
[[Page 31848]]
p.m. EST) 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].
C. 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.
D. Timing and Location of Evidentiary Hearing
The evidentiary hearing will commence at 1 p.m. on Wednesday, July
14, 2004, in the NRC offices at Two White Flint North, 11545 Rockville
Pike, in Rockville, Maryland. The hearing of the above-described
evidence will continue at 9 a.m. on July 15, and may go into the
evenings of July 14 and/or 15, as necessary. At the conclusion of each
day, the Board will announce when the hearing will reconvene. 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 on June 15 or in written statements, as provided above.
Those who wish to attend the July 14-15, 2004, hearing should come to
the front entrance of the Two White Flint North building (the second
building south of the entrance to the White Flint Metro station) and
indicate to the security guard on duty that they wish to attend the
``Catawba hearing''; arrangements will then be made to direct persons
attending to the hearing room.
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].
Rockville, Maryland, May 28, 2004.
For the Atomic Safety and Licensing Board.
Ann Marshall Young,
Chair, Administrative Judge.
[FR Doc. 04-12749 Filed 6-4-04; 8:45 am]
BILLING CODE 7590-01-P