ML042740165
| ML042740165 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 09/27/2004 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-413-0LA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8512 | |
| Download: ML042740165 (7) | |
Text
1This proceeding involves Duke Energy Corporations (Dukes) February 2003 application 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. On September 17, 2003, this Licensing Board was established to preside over this proceeding. 68 Fed. Reg. 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 BREDLs 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).
DOCKETED 09/27/04 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SERVED 09/27/04 ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-413-OLA, 50-414-OLA ASLBP No. 03-815-03-OLA September 27, 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) in this proceeding1 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, develope 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 2Copies of this document were sent this date by Internet e-mail to counsel for all parties.
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
/RA/
Ann Marshall Young Administrative Judge Rockville, Maryland September 27, 20042
Attachment to ADDENDUM 5 to 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 In the Matter of
)
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DUKE ENERGY CORPORATION
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Docket Nos. 50-413-OLA
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50-414-OLA (Catawba Nuclear Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ADDENDUM NUMBER 5 TO THE DECEMBER 15, 2003 PROTECTIVE ORDER GOVERNING DUKE ENERGY CORPORATIONS SEPTEMBER 15, 2003 SECURITY PLAN SUBMITTAL have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612 Susan L. Uttal, Esq.
Antonio Fernández, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Henry B. Barron, Executive Vice President Nuclear Operations Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, NC 28802 Diane Curran, Esq.
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ADDENDUM NUMBER 5 TO THE DECEMBER 15, 2003 PROTECTIVE ORDER GOVERNING DUKE ENERGY CORPORATIONS SEPTEMBER 15, 2003 SECURITY PLAN SUBMITTAL David A. Repka, Esq.
Anne W. Cottingham, Esq.
Mark J. Wetterhahn, Esq.
Winston & Strawn LLP 1400 L Street, NW Washington, DC 20005 Lisa F. Vaughn, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, NC 28201-1244 Paul Gunter Nuclear Information and Resource Service 1424 16th St., NW, Suite 404 Washington, DC 20036 Timika Shafeek-Horton, Esq.
Duke Energy Corporation Mail Code - PB05E 422 South Church Street Charlotte, NC 28242
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 27th day of September 2004