[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Pages 31847-31848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12749]



[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 

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 
    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: hearingdocket@nrc.gov.
    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: AMY@nrc.gov.

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 pdr@nrc.gov.

    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]