ML20086L294
| ML20086L294 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 02/02/1984 |
| From: | Mcgarry J BISHOP, COOK, PURCELL & REYNOLDS, DUKE POWER CO. |
| To: | Foster R, Kelley J, Purdom P Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8402080171 | |
| Download: ML20086L294 (4) | |
Text
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- LAW OFFICES OF BISHOP, LIB ERMAN. COOK, PURCELL & MEYNOVOS { _ j p m]
s200 SEVENTEENTH STREET,N,w-IN NEW YORK WA S HIN GTON, D. C. 2 0036 BIS HOP, LIB ER MAN & COOK (202) 857-9800 2e eaOAOway NEw vomm NEW YOmn t0004 TELEX 440574 INTLAW UI (212)248-6000 TELEX 222767 February 2, 1984 Mr. James L. Kelley Chairman Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Dr. Richard F.
Foster Commission P.O.
Box 4263 Washington, D.C.
20555 Sunriver, Oregon 97702 Dr. Paul W.
Purdom 235 Columbia Drive Decatur, Georgia 30030 Re:
Duke Power Company, et al. (Catawba Nuclear Station, UniU Tand 2),
Docket Nos. 50-413, 50-414 Gentlemen:
This letter is in reference to the discussion Tuesday afternoon (Tr. 12404-07, 1/31/84) regarding whether Appli-cants had provided Palmetto Alliance and CESG with copies of its Control Room Design Review for Catawba, Mr. Guild stated that the Board had deferred CESG and Pal-metto Alliance's originally proferred contentions dealing with the Catawba Control Room and human factors, and had ordered Applicants to furnish the parties with the results of their con-trol room design review.
Mr. Guild represented that the Board had " held open that matter as a safety contention for litigation based on what was to come of the Applicants' control room design review."
(Tr. 12404).
He further stated that Palmetto Alliance and CESG intend to pursue that issue, and the Board should hold open the record pending the resolution.
Mr. Guild contended that Applicants had not complied with the Board's direction to provide intervenors with the results of the control room design review.
(Tr. 12404-05).
As you recall, we took the position that we had served these documenu on intervenors.
The Board requested that we make available to them the relevant transmittal letters.
The matter regarding Applicants' obligation to provide in-tervenors copies of these documents was covered in the Board's Order of December 1, 1982.
In that order the Board, contrary to Mr. Guild's representation, dismissed the previously condition-8402080171 840202
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ally-admitted contentions of Palmetto Alliance and CESG dealing with the subject of control room design review.
However, the Board directed Applicants to serve copies of the control room design review on Intervenors so that, if they desired, they could timely file new contentions based on that in formation. (Memoran-dum and Order, Reflecting Decisions Made Following Second Pre-hearing Conference, December 1, 1982, pp. 3, 6-7).
Consistent with that direction, Applicants on February 28, 1983, submitted to Palmetto Alliance and CESG, Duke's Control Room Review-plan.
A copy of the transmittal letter from Hal B.
Tucker to Harold R.
Denton, showing service on Intervenors, is to this letter.
On April 18, 1983, Applicants filed a motion with the Board asking it to direct Intervenors to file contentions, if any, con-corning control room design review.
In that motion, Applicants noted, among other things, that the already-filed plan would be supplemented by a submittal which would be filed around June 8, 1983.
Neither Palmetto Alliance nor CESG ever filed a response to Applicants' motion.
A copy of that motion is Attachment 2 to this letter.
On June 1, 1983, by letter of Hal B. Tucker to Harold R.
Denton, a copy of the supplement to the control room design re-view documents was transmitted to the NRC.
Copies were sent to Intervenors.
On June 8, 1983, counsel for Applicants wrote to the Board informing them of the foregoing.
A copy of that letter, with its attachments (which include the June 1, 1983 Tucker / Denton letter) is Attachment 3 to this letter.
I believe this complies with the Board's request for the relevant transmittal letters.
Respectfully < submitted,
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Michael McGarry, III i
All Parties
- cc:
Enclosures Copies are beir g hand delivered to Judge Kelley, George l
Johnson and Robert Guild (c/o Government Accountability l
Project, 1901 "O"
- Street, N.W.,
Washington, D.C.).
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ATTACHMENT 1 Dmat Powra Conrat e n. most so u m c5r > amrm,.v.c, cac4 _
E d R.TCCIER raursose PDH N vum-
,hrnary 28. 1982.
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)tr. Enrold R. Denton, Director Offica of helser Isactor Regul.ation U. S. h 1-=* W iatory h =sien vaahtagton, D. C.
20555' A.ttention: h. E. G. u --
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t<e*****a 3rznch. h, 4 1
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Subject:
Caesha Nuclaar Station, Units 1 & 2 Doc.kar Nos. 50-413 & -414
Dear Sir:
Pursuant to 10CR 50 54(f) and in response to Ceaaric 'wtter Ec. 82-33 dated December 17. 1931 the felicving docu=ects aru harchy suhaicted to address the provisions of Supplement 1 to NU2EG-0737 for Upgraded Emergency Procedures I
and the Control Hoen Desip Reviev at Catawba Emclear Statien Unit 1.
1.
F,mergency Preceduras Canaration Packaga as described in pars-graph 7.0b of Sapp h e i to staEG-0737.
2.
Duke Povsr gy's Nuc. lear Stations Control Rocza Deaig e
Review Plan.
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The completion schedule for Mheene activities associated with -we programs l
1s as follove:
Catsuba Nm 1-: r Statien. Units 1 & 2 regency Procedura Upgrada Fregran l
l letivit?
Cc=nletien Dats l
Plant Specific EP Devalopment May 1, 1953 verificatica and Validation J:mn=ry 1,1984 Iraining en EP's February 1, 1984 I=planentation en Unit 1 Wy 1, 1954
i I
Mr. Esrold 1. Der.i:en, Director Febc2ary 28. 1983
? age two Catawba liaclear Station. Unit 1 Concrel Roost Daa4 p Raview Activity Coolatica Date Revier Phase February 28, 1983 Assa m e Phase WJ.18, 1983 S-7 Report
.Iune 1, 1983 4
The addiH = =1 provisions of Supplement I to HUREG-0737 app 1 4*hla to Catavba Nuclear Station will be addressed prier to April 15, 1993.
Very truly youra, NT k/
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, Hal 3. Tucker JSW:sca Attw henta en:
Mt. J. P. O'Railly, Ragdenal wn4-trator Er. Jassa L. Riley U. S. Enr1*** Regulatory Commission Carolina Envizwmental Study Group l
Region I' 854 Luley Place 101 Marf __.h Street. Suite 3100 Charlotte. Earth Carolina 23207 Atlanta, Geor A-30303 Robert mm. Esq., Attornay st-Law Palnatto A11*+aee P. O. Box 12097 2135\\ Devine Straat Charlantan. south Carolina 29412 Columbia, settth Carolina 29205 Mr. Henry A. Preslar, N * ~ "
Mr. P. E. Van Doorn CharbtreMiehurg Envirc:savatal EZC Easident Inspector Coalition Cataca 3ccinar sea-J.en 943 Esnley Place Charlotta. Korth Carolina 23207 1
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ATTACHMENT 2 m
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS!N2 BOARO In the Matter o'
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DUKE POWER COMPANY, et al.
)
Docket Nos. 50-4;?
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50-41--
(Catawba Nuclear Station,
)
Units 1 and 2)
)
APPLICANTS' MOTION TO DIRECT INTERVENORS TO FILE CONTENTIONS, IF'ANY, CONCERNING CONTROL ROOM DESIGN REVIEW In its Memorandum and Order of March 5, 1982, the Atomic Safety and Licensing Board conditionally admitted several Palmetto Alliance and CESG contentionsl subject to Applicants' providing Intervenors with copies of Applicants' proposed procedures for complying with NUREG-0737, anf their control room design review, as soon as these documents : -
came available. (March 5, 1982 Order at pp. 23, 24 and 26).
The Board subsequently vacated its conditional admission of each of these three contentions in its Memorandum and Order of December 1, 1982 (p. 3).
However, this order specified that the " directives to the Applicants to serve copies of 1
Palmetto Alliance Contention 21 (dealing with Applicants' alleged failure to develop certain emergency operating procedures required by NUREG-0737 (clarification of TMI Action Plan)); and CESG 16 and part of Palm tto Alliance Contention 22 (dealing with the consideration of human factors in the design and instrumentation of the Cataxba control room).
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f the' control room crodedures and desicn review (Memorandur 1;
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and Order'of March 5, 1992, at 23, 26) remain in effect."
December'1, 1982 Order at p.
6.
Pursuany to the December 1 Order, Applicants wish te advisethe Board that-on-February 28, 1983, they submitted t
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1-to Earold R.j3dnton,_ Director, NRR/NRC, with copies to each of'the intervenors, the following documents:
(1)
Emergency Procedures Generation Package (de-signed to address paragraph 7.2b of Supple-ment 1 to NUREG-0737), which. describes the development, process for Catawba Nuclear Station Emergency Procedures.
(2)
Duke Power Company's Control Room Review Plan for,0conee,'McGuire and Catawba Nuclear Stations.
In a conference call of March 31, 1983, Applicants
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advised'the' Board and parties.that they were reviewing the above inforbation(to determine whether, in their view, sufficient'information was contained therein on which con-I tentions could}be filed.
Applicants have concluded that sufficient information does exist with respect to the Con-trol Room Review Plan.
To explain, the main concern of Palmetto Alliance's Contention 22 and CESG's Contention 16 was the possible lack of consideration of human factors in the design and' instrumentation of the Catawba control room.
Applicants', methods for identifying and analyzing any human engineering discrepancies found during the review are described in Sections IV and V of the Review Plan.
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3-Applicants' methods for implementing modificaticns, pro-
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ceiures and training, as necessary, to resolve any signi-ficant human engineering discrepancies found are described in Section V: of the Review Plan.
Applicants note that the Control Room Review Plan will be supplemented by a submittal summarizing the findings of the Control' Room Review Team and also a submittal outlining any necessary resolutions of identified discrepancies.
These submittals will be filed on or about June 8, 1983.
This Board, in its Order of February 2, 1983, put the parties on notice that 30 days would be provided for the filing of contentions once a licensing document had been furnished.
Applicants could maintain that the' relevant document has been available since February 28, 1983, and thus the 30 day period has expired.
As noted in the March 31 conference call, Applicants do not advance such a posi-tion.
However, since information was provided on February 28'and since Applicants put the parties on notice in the March 31 conference call that they were considering advan-cing this motion, Applicants propose that contentions, if any, should be filed promptly.
Allowing for responses to this motion 2 and Board ruling thereon, Applicants do not feel that Intervenors should be provided with 30 days after 2
Applicants have served this document by overnight mail.
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such ruling to file contentions.
Rather, A p p l i c a n t s T.a ir, tain that contentions should'be' filed on or-before May 31, 1993.
With respect to emergency procedures, Applicants will
- ,ubmit such procedures to the Board and parties on 0: abo.::
May 1, 1983.
It is Applicants' position that the 30 day period for filing contentions should run from that date.
Respectfully submitt.;d, i
Al e
J.' Michael McGarrvf, III g Anne W.
Cottingh d DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9833 Albert V.
Carr, Jr.
Ronald L. Gibson DUKE POWER COMPANY P.O.
Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for Duke Power Company, et al.
April 18, 1983 mm
--__m____
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICESSINC BOARD
- n the Matter of
)
)
DUKE POWER COMPANY, et al.
)
Docket Nos. 50-413
~~ ~~
)
50-414 (Catawba Nuclear Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I heraby certify that copies of " Applicants' Motion To Direct Intervenors To File Contentions, If Any, Concerning Control Room Design Review" in the above captioned matter have been served upon the following by deposit in the United States mail this 18th day of April, 1983.
James L. Kelley, Chairman George E.
Johnson, Esq.
Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr.
A.
Dixon Callihan Albert V.
- Carr, Jr.,
Esq.
Union Carbide Corporation Duke Power Company P.O.
Box Y P.O.
Box 33189 Oak Ridge, Tennessee 37830 Charlotte, North Carolina 28242 Dr. Richard F.
Foster Richard P.
Wilson, Esq.
P.O.
Box 4263 Assistant Attorney General Sur.riv e r, Oregon 97702 State of South Carolina P.O.
Box 11549 Chairman Columbia, South Carolina 29211 Atomic Safety and Licensing Board Panel
- Robert Guild, Esq.
U.S.
Nuclear Regulatory Attorney-at-Law Commission P.O.
Box 12097 Washington, D.C.
20555 Charleston, South 'c
^1ina 29412 Chairman
- Palmetto Alliance Atomic Safety and Licensing 2135 1/2 Devine Street Appeal Board Columbia, South Carolina 29205 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
__ j
- Jesse L.
Riley Scott Stu. y 954 Henley Place Docketing
-1 Service Sectior.
Charlott e, North Carolina 282C7 U.S.'Nuclea; 9egulatory Comm' s s ior.
- Henry A.
Presler Wa shi ngtor.,
D.C.
20555 Charlotte-Mecklenburg Environmental Coalition 943 Henley Place Charlotte, North Carolina 28207 Carole F. Kagan, Attorney Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D. C.
20555
/
Michael McGarry / II v
I Those served by Express Mail.
ATTACHMENT 3 DUKE POWER GOMPANY LEGAL D E PARTM ENT E O. Box 30180 GHARLOTT E N. G. 282.s2 a6statv 4==
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June 8, 1983 James L.
Kelley, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Dr. Dixon Callihan Commission Union Carbide Corporation Washington, D.C.
20555 P.O.
Box Y Oak Ridge, Tennessee 37830 Dr. Richard F.
Foster P.O. Box 4263 Sunriver, Oregon 97702 Re:
In the Matter of DUKE POWER COMPANY, et al.
(Catawba Nuclear Station, Units 1 and 7)7~
Docket Nos. 50-413 and 50-414 Gentlemen:
Ns This letter is to inform the Board that Applicants have recently served Intervenors with two documents filed with the NRC Staff in this proceeding.
1.
On June 1, 1983, Applicants sent to the MRC, with copies to the Intervenors, the final Control Room Review for the Catawba Nuclear Station. (See Attach-ment 1).
This review was the subject of our Motion of April 18, 1983. 1/
1/
Applicants' April 18, 1983 Motion established May 31, 1983, as the filing date for contentions, if any, with regard to control room design review.
Intervenors failed to respond to the Motion.
Accordingly, it is Applicants' position that the time has passed for fil-ing contentions on this matter.
In the event Inter-venors seek to raise a contention on the basis of the information recently furnished. it is Applicants po si-tion that they will have to explain why they could not have been advanced earlier, i
or, in the Appeal Board's word, how they are
' wholly dependent' on a previously unavailable
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document. [ Memorandum and Order, December 1, 1982 at p. 7].
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2.
On June 6, 1983, Applicants transmitted to the NRC, with copies to the Board and all parties, cocies of the North Carolina and South Carolina offsite Emergency Plans filed with the Federal Emergency.'tanagement Agency (FEMA). (See Attachment 2).
The filing of contentions, if any, on these issues is governed by the Board's Order of March 4, 1983 (at pp. 2-3).
These two transmittals complete the obligation of Applicants to call certain specific documents to the atten-tion of Intervenors. (See Board's March 5, 1982 Order at pp. 16-17, 23-24; December 1, 1982 Order at p.
6; and May 4,
1983, letter from Albert V.
Carr, Jr. to the Licensing Board.)
Respectfully submitted, l'.' -. - l,
.'. f Albert V.
Carr, Jr.
Enclosures cc:
All parties
ATTACHS!ENT 1 DUKE PowEn Co>nw.vy P.O. HOX !3!):89 CilARLOTTE. N.C. 28242 H AL 1!. T!TKER y,,,
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Juna 1, 1983 Pr. Harold R. Denton. Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Attention:
Ms. E. G. Adensam, Chief Licensing Branch No. 4
Subject:
Duke Power Company Catawba Nuclear Station Docket Nos. 50-413 and 50-414
Dear Sir:
Please find attached five copies of Revision i to the Duke Power Company Response to Supplement 1 to NUREG-0737 for Catawba. Nuclear Station.
This document was originally submitted as an enclosure to my letter of April 14, 1983.
In accord &nce with the previously submitted schedule for Catawba Nuclear Station, the attachment includes the Duke Control Room Review Final Report and the
. Catawba Unit 1 Control Room Review Supplemental Report. The contents of these for Catawba Unit 1 as two reports comprise the control room review summary report required by paragraph 5.2o of Supplement i to NUREG-0737.
Instructions for inserting Revision 1 into the Catawba document are inc'.uded as part of the attachment.
'Very truly yours,f
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Hal B. Tucker JSW:ses Attachments
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O Mr. Harold R. Denten Director June 1, 1983 Page Two cc:
Mr. J. P. O'Reilly, Regional Administrator U. S. Nuclear Regulatory Commission Region 11 101 Marietta Street, Suite 2900 Atlanta, Geore.ia 30303 Robert Guild. Esq., Attorney-at-Law P. O. Box 1209.
Charleston, South Carolina 29412 Dr. K. N. Jabbcur NRC Project Manager Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Henry A. Presler, Chairman Charlotte-Mecklenburg Environmental Coalition 943 Henly Place charlotte, North Carolina 28207 Palmetto Alliance 2135 1/2 Devine Street Columbia, South Carolina 29205 Mr. Jesse L. Riley Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207
'Mr. P. K. Van Doorn NRC Resident inspector Catawba Nuclear Station
I ATTACH.'E.!T 2 Duxe Powen GoxPAsv P.O. Box 33169
(*r; ARLntry, w,c. 0o242 rei.eomrae
. n. nu,no ye m a,.
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June 6, 1933
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Harol: R. Dents:n, Director
'ic; of Huclear Reactor Regulation S. Nuclear Reggiatory Corratssion shington, D. C. 20555 tention:
Ms. E. G. /densam, Chief Licensing Bran:h No. 4 Catawba Nuclear Staticn Doctot hos. 50-413 and 50-414 ar Mr. Denton:
and June 3,1933 the States of South Carolina anc North Carolina
> May 30, 1983 led co,,ies of tneir respective off-site Energency Plans for the Catawba sclear Station with the Federal Emergency Management Agency (FEHA).Enclosed e seven copies of each of the following documents:
1 - Part 4, South Carolina Operational Radiological Emergency Response Plan (SCOREP) - Catawba Site Specific 2 - York County Emergency Operation Plan 3 - tiorth Carolina Emergency Response Plan in ^1pport of the Catakca Nuclear Station ery truly yours, YS.
/1 N al D. Tucker OS/php nelosures
- c:
(w/ enclosure)
Mr. Janes t.. Kelley, Chainnan Atonic Safety and Licensing Board Panel V. S. Nuclear Regulatory Ccw1ission Washington, D. C. 20555 Dr. A. Dixon Callihan Union Carbide Corporation P. O. Box Y Oak Ridge. Tennessee 37830 l
Mr. Harole R. Osntsn, Director June 6, 1333 Page 2 cc:
(w/ enclosure)
Dr. Richard F. Foster P. O. Box 4253 Sunriver, Oregon 97702 Chai man Atomic Safety and Licensing Board Panei U. S. Ifuclear Regulatory Commission Washington, D. C. 20555 Mr. George E. Johnson, Esq.
Office of the Er.ecutive Legal Director U. 5. Nuclear Regulatory Comission Washington, D. C. 20555 Mr. J. Michael McGarry III Ms. Anne W. Cottingham Debevoise and Liberman 1200 Seventeenth Street, NW Washington, D. C. 20036 Mr. Richard P. Wilson, Esq.
Assistant Attorney General State of South Carolina P. O. Box 11549 Columbia, South Carolina 29211 Mr. Robert Guild, Esq.
Attorney-at-Law P. O. Boy. 12097 Charleston, South Carolina 29412 Chaiman Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, 0, C. 20555 Mr. Jesse L. Riley Carolina Environmental Study Group 854 Henley Place Charlotte, North Ceralina 28207 Mr. Henry A. Presler Charlotte-Hecklenburg Environmental Coalition 943 Henley Place Charlotte, North Carolina 28207
M:. Marcld E. Osc.t:in. Direttor June 6. 1933
- Page 3 cc:
(w/ enclosures)
Palmetto allian:e 21351 Ce/ine Otreet-Colunbia, South Carolina 29205 Mr. Scott Stucky Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Ms. Carole F.-Kagan, Attorney Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. James P. O'Reilly, Regional Administrator U. S. Nuclear Regulatory Comission Region II 101 Marietta Street, NW, Suite 2900 Atlanta, Georgia 30303 Mr. 9. K. Van Doorn NRC Pesident Inspector Catawba Nuclear Station 4
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