[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Pages 29982-29983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11853]



[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]