ML020850265
| ML020850265 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 03/12/2002 |
| From: | Olson M Nuclear Information & Resource Service (NIRS) |
| To: | NRC/OCM |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-369-LR, 50-370-LR, 50-413-LR, 50-414-LR, ASLBP 02-794-01-LR, RAS 4149 | |
| Download: ML020850265 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of DUKE ENERGY CORPORATION (McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2)
DOCKETED U S H RC 2002 MAR 25 PM 1: 16 hUu,,NAIN*GS AND ADJUDICATIONS STAFF Docket No's. 50-369-LR, 50-370-LR, 50-413-LR, and 50-414-LR ASLBP No. 02-794-01-LR March 12, 2002 NUCLEAR INFORMATION AND RESOURCE SERVICE REPLY BRIEF REGARDING ADMISSIBILITY OF NEPA ISSUES RELATING TO TERRORISM AND SABOTAGE Pursuant to Memorandum and Order CLI-02-05 (February 6, 2002), Nuclear Information and Resource Service ("NIRS") hereby replies to the briefs filed by Duke Energy Corporation ("Duke") and the Nuclear Regulatory Commission ("NRC" or "Commission") Staff.' This brief also replies to the amicus brief filed by the Nuclear 2
Energy Institute.
Word for word, the legal arguments in Duke's and the NRC Staff's briefs are virtually identical to the briefs filed by Dominion Nuclear Connecticut ("DNC") and the Staff in response to CLI-02-05 in the Millstone case. See Brief of Dominion Nuclear Connecticut, Inc. In Response to Commission Memorandum and Order CLI-02-05 (February 27, 2002); NRC Staff's Brief in Response to CLI-02-05 (February 27, 2002).
1 See Brief of Duke Energy Corporation in Response to the Commission's Memorandum and Order CLI-02-06 (February 27, 2002) ("Duke Brief'); NRC Staff Brief in Response to CLI-02-06 (February 27, 2002) ("NRC Staff Brief').
2 See Amicus Brief of Nuclear Energy Institute in Response to the Commission's Memorandum and Orders Dated February 6, 2002, Regarding the Commission's Consideration of Potential Intentional Malevolent Acts (February 27, 2002) ("NEI Brief').
- cy 1v S~~ 6-1
NEI filed a single brief in both cases. See Amicus Brief of Nuclear Energy Institute in Response to the Commission's Memorandum and Orders Dated February 6, 2002, Regarding the Commission's Consideration of Potential Intentional Malevolent Acts (February 27, 2002) ("NEI Brief').
Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone ("CCAM/CAM") have prepared a detailed reply to these legal arguments, on which NIRS relies. See Connecticut Coalition Against Millstone And Long Island Coalition Reply Brief Regarding NEPA Requirement To Admit Contention Regarding Environmental Impacts Of Destructive Acts Of Malice And Insanity March 12, 2002)
("CCAM/CAM Reply Brief'). Rather than repeating those arguments, NIRS refers the Commission to the CCAM/CAM Reply Brief.
There is one area in which the briefs filed by Duke and the NRC Staff contain additional arguments relevant to this case only. Their arguments address the question of whether NIRS's environmental contention raising the risk of terrorism or sabotage in a nuclear power plant license renewal case is barred by the notice of hearing, or subject to some extra procedural requirements under 10 C.F.R. § 2.758. See Duke Brief at 23-30, NRC Staff Brief at 19-20, 24-26. The arguments made by Duke and the NRC Staff reprise elements of the Atomic Safety and Licensing Board's ("ASLB's") decision in LBP-02-04. In its initial brief, NIRS has already demonstrated that the ASLB's decision on these issues was clearly erroneous. Duke and the Staff have added nothing new to the ASLB's decision that would warrant further attention.
In the course of this briefing, Duke and the NRC Staff have completely failed to demonstrate that the ASLB had any legal or factual basis for refusing to admit the greater
portion of NIRS's contention seeking an EIS on the impacts of sabotage and terrorist attacks on the McGuire and Catawba plants. The contention should be remanded for litigation of all its terms.
Respectfully submitted, Nuclear Information and Resource Service, Southeast Office Asheville, NC March 12, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of:
Duke Energy Corporation (McGuire Units 1 and 2, and Catawba Units 1 and 2)
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Docket Nos. 50-369 50-370 50-413 50-414 March 12, 2002 CERTIFICATE OF SERVICE I hereby certify that "NUCLEAR INFORMATION AND RESOURCE SERVICE REPLY BRIEF REGARDING ADMISSIBILITY OF NEPA ISSUES RELATING TO TERRORISM AND SABOTAGE" in the captioned proceeding has been served on the following by Email and deposit in the United States mail, first class, this Twelfth day of March 2002.
Commissioner Richard Meserve, Chair U.S. Nuclear Regulatory Commission Washington, DC 20555 Commissioner Jeffrey Merrifield U.S. Nuclear Regulatory Commission Washington, DC 20555 Commissioner Nils J. Diaz U.S. Nuclear Regulatory Commission Washington, DC 20555 The Honorable Ann Marshall Young Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 AMY@nrc. gov Fax 301-415-5599 Commissioner Edward McGaffigan, Jr.
U.S. Nuclear Regulatory Commission Washington, DC 20555 Commissioner Greta Joy Dicus U.S. Nuclear Regulatory Commission Washington, DC 20555 The Honorable Lester S. Rubenstein Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Lesrrrc.msn.com Fax 301-415-5599
The Honorable Charles N. Kelber Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 CNKanrc.gov Fax 301-415-5599 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (e-mail: HEARINGDOCKET @nrc. gov Fax 301-415-1101 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555 Adjudicatory File Fax 301-415-3200 Att: John Cordes Susan L. Uttal, Esq.
Antonio Fernandez Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slu(Thnrc.gov) Fax 301-415-3725 Janet Marsh Zeller, Executive Director Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629 (e-mail: BREDL@skybest.cor)
Fax 336-982-2954 Paul Gunter Nuclear Information and Resource Service 1424 16'h Street NW Suite 404 Washington, DC 20036 (e-mail: pgunter awnirs. org)
FAX 202-462-2183 David A. Repka Counsel for Duke Energy Corporation Winston & Strawn 1400 L Street, N.W.
Washington, DC 20005 E-Mail: drepka@winston.com Fax 202-371-5950 Jesse Riley 854 Henley Place Charlotte, NC 28207 (E-mail: jlr2020 @aol.com)
Duke Energy Corporation 422 South Church Street Charlotte, NC 28202 (E-mail: lfvaughn(aduke-enerav.com)
Mary Olson Nuclear Information and Resource Service, SE P.O. Box 7586 Asheville, NC 28802 (e-mail: nirs.se.mindspring.com)
Fax 828-236-3489 Nuclear Information and Resource Service, Southeast Offic, Asheville, NC March 12, 2002