ML042670360
| ML042670360 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 09/22/2004 |
| From: | Uttal S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8508 | |
| Download: ML042670360 (12) | |
Text
1 Paragraph 2 of the Protective Order was previously amended by Order dated June 28, 2004. See Addendum Number 3 to the Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal (December 15, 2003) (June 28, 2004).
The Protective Order was last amended by Order dated August 13, 2004. See Addendum Number 3 to the Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal (December 15, 2003) (August 13, 2004).
RAS 8508 September 22, 2004 DOCKETED 09/23/04 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
)
50-414-OLA
)
(Catawba Nuclear Station
)
Units 1 and 2)
)
NRC STAFFS MOTION TO AMEND DECEMBER 15, 2003 PROTECTIVE ORDER On December 15, 2003, the Atomic Safety and Licensing Board (Licensing Board) issued a Memorandum and Order (Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) (Protective Order). The NRC Staff herein requests that the Licensing Board issue an Addendum to the Protective Order adding an additional category of documents to the second paragraph of the Order1 in order to extend the Protective Order to cover the NRC guidance documents (NUREGs) requested by BREDL in the letter of August 13, 2003 from Diane Curran to Antonio Fernandez, NRC staff counsel.
The NRC guidance documents requested by BREDL in discovery were removed from the Public Document Room subsequent to 9/11 for security reasons and have been withheld from the public since that time, pending review for public release. It has not yet been determined whether they may be released to the public. Such a determination would require a meticulous review of each of the forty-five documents requested by BREDL. The review could take several weeks.
Rather than delaying access to the documents pending a review, the NRC Staff has agreed to permit access to the persons authorized to receive protected material pursuant to the Protective Order issued in this case, subject to the provisions of the Protective Order, if it is amended to include the documents requested.
Accordingly, The NRC Staff requests that the Licensing Board issue an Addendum modifying the second paragraph of the Protective Order, as follows:
As used in this Protective Order and in the Nondisclosure Affidavit included as the Appendix to this order, Protected Information includes: (1 ) the September 15, 2003 Security Plan Submittal or any supplements or amendments thereto, including Requests for Additional Information (RAls) or responses to RAls relating to that submittal; (2) any information obtained, developed, or created by virtue of these proceedings, in any form, that is not otherwise a matter of public record and that deals with or describes details of the Security Plan Submittal; (3) any document or information that relates to security planning and implementation at the Catawba Nuclear Station obtained, developed or created as part of discovery or litigation associated with any admitted security contention that is not otherwise a matter of public record; and (4) the NRC documents requested by BREDL in its letter of August 13, 2004 to NRC Staff counsel, and contained on the list appended hereto and made a part hereof.
Attached is a copy of Proposed Addendum 5 to the Protective Order. Counsel for BREDL and Duke have indicated that they have no objection to the amendment.
Respectfully submitted
/RA/
Susan L. Uttal Counsel for NRC Staff Dated in Rockville, Maryland This 22nd day of September 2004.
ADDENDUM 5 to the December 15, 2003 Protective Order NRC Guidance Documents Requested By BREDL on August 13, 2004.
NUREG-0184, Users Guide for Evaluating Physical Security Capabilities of Nuclear Facilities by the EASI Method; NUREG-0219, Nuclear Security Personnel - Interim Qualification and Training Requirements; NUREG-0271, Physical Protection Equipment Study: Final Report; NUREG-0273, Guide for the Evaluation of Physical Protection Equipment, Vols. I-VII; NUREG-0274, Catalog of Physical Protection Equipment, Vols. I-VII; NUREG-0320, Interior Intrusion Alarm Systems; NUREG-0459, Generic Adversary Characteristics Summary Report; NUREG-0464, Site Security Personnel Training Manual, Vols. I-IV; NUREG-0506, Fixed Site Physical Protection Upgrade Rule Guidance Compendium; NUREG-0508, Design Methodology for the Physical Protection Upgrade Rule Requirements for Fixed Sites; NUREG-0576, Nuclear Power Reactor Security Personnel Training and Qualification Plans; NUREG-0703, Insider Study; NUREG-0907, Acceptance Criteria for Determining Armed Response Force Size at Nuclear Power Plants; NUREG-0908, Acceptance Criteria for Evaluation of Nuclear Power Reactor Security Plans; NUREG-0992, Report of the Committee to Review Safeguards Requirements at Nuclear Power Plants; NUREG-1045, Guidance on the Application of Compensatory Safeguards Measures for Power Reactor Licensees; NUREG-1321, Testing Standards for Physical Protection Systems at Category I Fuel Cycle Facilities; NUREG-1322, Acceptance Criteria for the Evaluation of Category I Fuel Cycle Facility Physical Security Plans; NUREG-1328, use of Perimeter Alarms at Fuel Fabrication Facilities Using or Possessing Formula Quantities of Strategic Special Nuclear Material; NUREG-1329, Entry/Exit Control at Fuel Fabrication Facilities Using or Possessing Formula Quantities of Strategic Special Nuclear Material; NUREG-1404, Licensee Use of Tactical Exercise Results; NUREG-1456, An Alternative Format for Category I Fuel Cycle Facilities Physical Protection Plans; NUREG-1485, Unauthorized Forced Entry into the Protected Area at Three Mile Island Unit 1 on February 7, 1993; NUREG/CR-0027, Capability for Intrusion Detection at Nuclear Fuel Sites; NUREG/CR-0040, Evaluation of Cost Estimates of Physical Security Systems for Recycled Nuclear Fuel; NUREG/CR-0364, Simulating Barrier Penetration During Combat; NUREG/CR-0508, Security Communication Systems for Nuclear Fixed Site Facilities; NUREG/CR-0509, Emergency Power Supplies for Physical Security Systems; NUREG/CR-0532, Safeguards Against Insider Collusion; NUREG/CR-0543, Central Alarm Station and Secondary Alarm Station Planning Document; NUREG/CR-1166, COPS Model Estimates of LLEA Availability Near Selected Reactor Sites; NUREG/CR-1169, Safeguards Vulnerability Analysis Program, Vols. I-III; NUREG/CR-1234, The Insider Threat to Security Facilities: Data Analysis; NUREG/CR-1345, Nuclear Power Plant Design Concepts for Sabotage Protection, Vols. I and II; NUREG/CR1381, Methodology for Evaluating Safeguards Capabilities for Licensed Nuclear Facilities; NUREG/CR-1385, Development of a Good Physical Protection Plan; NUREG/CR-2217, Detection of Special Nuclear Materials at Portal Monitors and Locations; NUREG/CR-2297, Security management Techniques and Evaluative Checklists for Security Force Effectiveness; NUREG/CR-2588, Security Officer Response Strategies; NUREG/CR-3251, The role of Security During Safety-Related Emergencies at Nuclear Power Plants; NUREG/CR-5081, Tactical Exercise Planning Handbook; NUREG/CR-5172, Tactical Training Reference Manual; NUREG/CR-5690, Physical Fitness Training Reference Manual for Security Force Personnel at Fuel Cycle Facilities Possessing Formula Quantities of Special Nuclear Material; NUREG/CR-5929, Locking Systems for Physical Protection and Control; NUREG/CR-6190, Protection Against Malevolent Use of Vehicles at Nuclear Power Plants, Vols. I & II.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
)
50-414-OLA
)
(Catawba Nuclear Station
)
ASLBP No.
Units 1 and 2)
)
)
September, 2004 ADDENDUM NUMBER 5 TO THE DECEMBER 15, 2003 PROTECTIVE ORDER GOVERNING DUKE ENERGY CORPORATIONS SEPTEMBER 15, 2003 SECURITY PLAN SUBMITTAL By agreement of the parties, the second paragraph of the December 15, 2003 Memorandum and Order (Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) is amended to state as follows:
As used in this Protective Order and in the Nondisclosure Affidavit included as the Appendix to this order, Protected Information includes: (1 ) the September 15, 2003 Security Plan Submittal or any supplements or amendments thereto, including Requests for Additional Information (RAls) or responses to RAls relating to that submittal; (2) any information obtained, developed, or created by virtue of these proceedings, in any form, that is not otherwise a matter of public record and that deals with or describes details of the Security Plan Submittal; (3) any document or information that relates to security planning and implementation at the Catawba Nuclear Station obtained, developed or created as part of discovery or litigation associated with any admitted security contention that is not otherwise a matter of public record; and (4) the NRC documents requested by BREDL in its letter of August 13, 2004 to NRC Staff counsel, and contained on the list appended hereto and made a part hereof.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Ann Marshall Young Administrative Judge Rockville, Maryland September, 2004.
ADDENDUM 5 to the December 15, 2003 Protective Order NRC Guidance Documents Requested By BREDL on August 13, 2004.
NUREG-0184, Users Guide for Evaluating Physical Security Capabilities of Nuclear Facilities by the EASI Method; NUREG-0219, Nuclear Security Personnel - Interim Qualification and Training Requirements; NUREG-0271, Physical Protection Equipment Study: Final Report; NUREG-0273, Guide for the Evaluation of Physical Protection Equipment, Vols. I-VII; NUREG-0274, Catalog of Physical Protection Equipment, Vols. I-VII; NUREG-0320, Interior Intrusion Alarm Systems; NUREG-0459, Generic Adversary Characteristics Summary Report; NUREG-0464, Site Security Personnel Training Manual, Vols. I-IV; NUREG-0506, Fixed Site Physical Protection Upgrade Rule Guidance Compendium; NUREG-0508, Design Methodology for the Physical Protection Upgrade Rule Requirements for Fixed Sites; NUREG-0576, Nuclear Power Reactor Security Personnel Training and Qualification Plans; NUREG-0703, Insider Study; NUREG-0907, Acceptance Criteria for Determining Armed Response Force Size at Nuclear Power Plants; NUREG-0908, Acceptance Criteria for Evaluation of Nuclear Power Reactor Security Plans; NUREG-0992, Report of the Committee to Review Safeguards Requirements at Nuclear Power Plants; NUREG-1045, Guidance on the Application of Compensatory Safeguards Measures for Power Reactor Licensees; NUREG-1321, Testing Standards for Physical Protection Systems at Category I Fuel Cycle Facilities; NUREG-1322, Acceptance Criteria for the Evaluation of Category I Fuel Cycle Facility Physical Security Plans; NUREG-1328, use of Perimeter Alarms at Fuel Fabrication Facilities Using or Possessing Formula Quantities of Strategic Special Nuclear Material; NUREG-1329, Entry/Exit Control at Fuel Fabrication Facilities Using or Possessing Formula Quantities of Strategic Special Nuclear Material; NUREG-1404, Licensee Use of Tactical Exercise Results; NUREG-1456, An Alternative Format for Category I Fuel Cycle Facilities Physical Protection Plans; NUREG-1485, Unauthorized Forced Entry into the Protected Area at Three Mile Island Unit 1 on February 7, 1993; NUREG/CR-0027, Capability for Intrusion Detection at Nuclear Fuel Sites; NUREG/CR-0040, Evaluation of Cost Estimates of Physical Security Systems for Recycled Nuclear Fuel; NUREG/CR-0364, Simulating Barrier Penetration During Combat; NUREG/CR-0508, Security Communication Systems for Nuclear Fixed Site Facilities; NUREG/CR-0509, Emergency Power Supplies for Physical Security Systems; NUREG/CR-0532, Safeguards Against Insider Collusion; NUREG/CR-0543, Central Alarm Station and Secondary Alarm Station Planning Document; NUREG/CR-1166, COPS Model Estimates of LLEA Availability Near Selected Reactor Sites; NUREG/CR-1169, Safeguards Vulnerability Analysis Program, Vols. I-III; NUREG/CR-1234, The Insider Threat to Security Facilities: Data Analysis; NUREG/CR-1345, Nuclear Power Plant Design Concepts for Sabotage Protection, Vols. I and II; NUREG/CR1381, Methodology for Evaluating Safeguards Capabilities for Licensed Nuclear Facilities; NUREG/CR-1385, Development of a Good Physical Protection Plan; NUREG/CR-2217, Detection of Special Nuclear Materials at Portal Monitors and Locations; NUREG/CR-2297, Security management Techniques and Evaluative Checklists for Security Force Effectiveness; NUREG/CR-2588, Security Officer Response Strategies; NUREG/CR-3251, The role of Security During Safety-Related Emergencies at Nuclear Power Plants; NUREG/CR-5081, Tactical Exercise Planning Handbook; NUREG/CR-5172, Tactical Training Reference Manual; NUREG/CR-5690, Physical Fitness Training Reference Manual for Security Force Personnel at Fuel Cycle Facilities Possessing Formula Quantities of Special Nuclear Material; NUREG/CR-5929, Locking Systems for Physical Protection and Control; NUREG/CR-6190, Protection Against Malevolent Use of Vehicles at Nuclear Power Plants, Vols. I & II.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
DUKE ENERGY CORPORATION
)
Docket Nos. 50-413-OLA
)
50-414-OLA
)
(Catawba Nuclear Station
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS MOTION TO AMEND DECEMBER 15, 2003 PROTECTIVE ORDER in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system; and by e-mail as indicated by a double asterisk (**), this 22nd day of September, 2004.
Ann Marshall Young, Chair * **
Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AMY@nrc.gov)
Anthony J. Baratta * **
Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AJB5@nrc.gov)
Thomas S. Elleman **
Administrative Judge Atomic Safety and Licensing Board 5207 Creedmoor Rd #101 Raleigh, NC 27612 (E-mail: elleman@eos.ncsu.edu)
Office of the Secretary * **
ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555 (E-mail: HEARINGDOCKET@nrc.gov)
Office of Commission Appellate Adjudication*
Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Adjudicatory File*
U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555 Diane Curran, Esq. **
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036 (E-mail: dcurran@harmoncurran.com)
Timika Shafeek-Horton, Esq.**
Lisa F. Vaughn, Esq **
Legal Department Mail Code - PB05E Duke Energy Corporation 426 S. Church Street (EC11X)
Charlotte, NC 28201-1006 (E-mail: lfVaughn@duke-energy.com tshafeek@duke-energy.com)
David A. Repka, Esq. **
Anne W. Cottingham, Esq. **
Mark Wetterhahn, Esq. **
Winston & Strawn, L.L.P.
1400 L Street, NW Washington, DC 20005-3502 (E-mail: drepka@winston.com acotting@winston.com mwetterhahn@winston.com)
/RA/
Susan L. Uttal Counsel for NRC Staff