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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)

Docket No’s. 50-369-LR, 50-370-LR,

50-413-LR, and 50-414-LR

ASLBP No. 02-794-01-LR

February 27, 2002

NUCLEAR INFORMATION AND RESOURCE SERVICE

BRIEF IN RESPONSE TO CLI-02-06 REGARDING

ADMISSIBILITY OF NEPA ISSUES RELATING

TO TERRORISM AND SABOTAGE

I.INTRODUCTION AND SUMMARY

Nuclear Information and Resource Service (“NIRS”) hereby presents a brief in response to CLI-02-06, a Memorandum and Order by the Commission (February 6, 2002).  CLI-02-06 asks the parties to address the question of what are the NRC’s responsibilities under the National Environmental Policy Act (“NEPA”) to consider intentional malevolent acts such as those directed at the United States on September 11, 2001, in this license renewal proceeding for Catawba and McGuire nuclear power plants.  In addition, the Commission has also asked the parties to address the related legal issues that are specifically raised in LBP-02-04, the decision issued by the ASLB regarding the admissibility of NIRS’s contentions in this case.  LBP-02-04, Memorandum and Order (Ruling on Standing and Contentions (January 24, 2002).  

Here, the Atomic Safety and Licensing Board (“ASLB”) has denied the majority of the issues raised in NIRS Contention 1.1.2., which asserts that the Environmental Report in the license renewal application filed by Duke Energy Corp. (“Duke”) “has not realistically or fully analyzed and evaluated all structures, systems and components required for the protection

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