ML041310101
| ML041310101 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/16/2004 |
| From: | Curran D Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | Uttal S NRC/OGC |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7692 | |
| Download: ML041310101 (3) | |
Text
RELATED CORRESPONDENCE From:
Diane Curran <dcurran@harmoncurran.com>
To:
"Susan L. Uttal" <slu@nrc.gov>
Date:
Fri, Apr 16, 2004 3:13 PM
Subject:
Agreement regarding discovery responses
Dear Susan,
This is to confirm an agreement we have reached in order to avoid litigation over motions to compel in the Catawba LTA proceeding. I have agreed to supplement BREDLs responses to Interrogatories 13, 14, 17a, 18, 24, 27, 28, 29, 32, 33, and 34 by providing specific information rather than referrring to BREDLs contentions and the oral argument. As I stated over the telephone, this exercise will not result in the generation of any additional information other than was stated in the contentions and the transcripts, because BREDL has not yet had sufficient time to develop its testimony or otherwise refine its position on Contentions I and II, beyond what was stated in the contentions and at the oral argument.
I have also agreed to give you a list of documents that BREDL intends to rely on in the hearing. As I also explained over the telephone, at this point, BREDL has not identified additional documents on which it plans to rely, other than the documents that were referred to in its contentions and the oral arguments on them. Once Dr. Lyman begins preparing his testimony, we anticipate that we will identify additional documents responsive to your requests.
I have also agreed to amend BREDLs answer to Interrogatory 25, by providing more information about retention of radionucides within a failed containment.
You have agreed to identify the owners of all of the proprietarty DOCKETED USNRC April 29, 2004 (3:49PM)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket Nos. 50-413/414-OLA RAS 7692
documents listed in the Staffs privilege log. You have also agreed to give me contact information for each owner, so that I can informally seek access to the documents under a nondisclosure agreement. If we cannot obtain access to these documents informally, we will consider seeking a subpoena from the ASLB.
You have also agreed to make inquiries to the technical Staff regarding whether some of the documents withheld under the designation "deliberative process" actually constitute predecisional documents. The titles of two documents the Staff has withheld indicate to me that they represent final Staff reports on safety issues, rather than predecisional documents. These documents are:
Technical Evaluation Report (Non-Proprietary Version) of BAW-10231P "COPERNIC Fuel Rod Design Computer Code Chapter 13-MOX Applications" (July 2003) and Safety Evaluation Report of the Topic Report BAW-10227P (Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel (October 1999).
Sincerely, Diane Curran CC:
Ann Marshall Young <AMY@nrc.gov>, "Thomas S. Elleman"
<elleman@eos.ncsu.edu>, "Anthony J. Baratta" <AJB5@nrc.gov>, "David A. Repka"
<drepka@winston.com>, "Anne W. Cottingham" <acotting@winston.com>, "Lisa F. Vaughn"
<lfVaughn@duke-energy.com>, NRC-SECY <secy@nrc.gov>
Mail Envelope Properties (40803034.86A : 20 : 59498)
Subject:
Agreement regarding discovery responses Creation Date:
Fri, Apr 16, 2004 3:14 PM From:
Diane Curran <dcurran@harmoncurran.com>
Created By:
dcurran@harmoncurran.com Recipients nrc.gov owf5_po.OWFN_DO SECY CC (NRC-SECY SECY)
SLU (Susan Uttal)
nrc.gov twf2_po.TWFN_DO AJB5 CC (Anthony Baratta)
AMY CC (Ann Young) duke-energy.com lfVaughn CC (Lisa F. Vaughn) winston.com acotting CC (Anne W. Cottingham) drepka CC (David A. Repka) eos.ncsu.edu elleman CC (Thomas S. Elleman)
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