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Category:Legal-Motion
MONTHYEARML12132A4682012-05-11011 May 2012
Motion to Strike
ML0513902052005-05-13013 May 2005
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Exceed Page Limitation
ML0505502862005-02-15015 February 2005
Duke Energy Corporation'S Response to the Blue Ridge Environmental Defense League'S Motion to Re-open the Record on Security Contention 5
ML0504901822005-02-15015 February 2005
Catawba - NRC Staff Response in Opposition to Blue Ridge Environmental Defense League'S Motion to Re-Open the Record on Security Contention 5
ML0504700292005-02-15015 February 2005
Catawba - NRC Staff'S Response to Bredl'S February 3rd Letter
ML0504503372005-01-31031 January 2005
Duke Energy Corporation'S Motion to Amend Protective Order to Add an Additional Individual to Receive Protected Information
ML0502502522005-01-24024 January 2005
Catawba - Corrected Certificate of Service to the NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0502502492005-01-21021 January 2005
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0500602012004-12-22022 December 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Interlocutory Review of ASLB Ruling Amending Protective Order
ML0436402832004-12-22022 December 2004
Response of Duke Energy Corporation to NRC Staff'S Motion for Expedited Interlocutory Review
ML0436400962004-12-21021 December 2004
Catawba MOX - NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending the Protective Order and Request for Expedited Review
ML0500501202004-12-20020 December 2004
Catawba - NRC Staff'S Motion for Stay Pending Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending Protective Order
ML0435503702004-12-20020 December 2004
Letter from Diane Curran to Emile Julian Enclosing Blue Ridge Environmental Defense League'S Motion for Leave to File Prefiled Written Testimony Out of Time
CY-03-215, Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply2004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply
ML0500404622004-12-15015 December 2004
Catawba MOX - NRC Staff'S Response to Bredl'S Appeal of Staff'S Adverse Need-to-Know Determination Regarding SECY-03-215
ML0435700192004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion to Amend Protective Order
ML0432803532004-11-22022 November 2004
Catawba - NRC Staff Response to Bredl Motion for Imposition of Interim Discovery Measures to Compensate for Unavailability of ADAMS
ML0433501362004-11-15015 November 2004
Duke Energy Corporation'S Response to Bredl Motion for Imposition of Interim Discovery Measures and Delay in the Hearing Schedule
ML0431703692004-11-0505 November 2004
Motion for Approval of Consent Order Regarding Document Discovery; Consent Order Regarding Document Discovery; Blue Ridge Environmental Defense League'S Motion for Imposition of Interim Discovery Measures to Compensate.
ML0430904602004-10-28028 October 2004
Duke Energy Corporation'S Response to Motion for Reconsideration of CLI-04-29
ML0430104462004-10-18018 October 2004
Blue Ridge Environmental Defense League'S Motion for Reconsideration of CLI-04-29
ML0426703602004-09-22022 September 2004
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0426800692004-09-17017 September 2004
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Compel Production of the Proposed Security Plan for Catawba Nuclear Station
ML0426401042004-09-0707 September 2004
Blue Ridge Environmental Defense League'S Motion to Compel Production of Revision 17 of Security Plan for Catawba Nuclear Power Plant
ML0425702412004-09-0707 September 2004
Catawba - NRC Staff Response to Intervenor'S Motion Requesting Access to Certain Classified Documents
ML0425303862004-08-31031 August 2004
Duke Energy Corporation'S Response to Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination on Classified Regulatory Guidance for NRC Category I Facilities
ML0424701652004-08-27027 August 2004
Duke Energy Corporation'S Request for Action Under Subpart I of 10 C.F.R. Part 2
ML0424402492004-08-26026 August 2004
Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination
ML0421605462004-07-27027 July 2004
Duke Energy Corporation'S Motion to Modify December 15. 2003 Protective Order
ML0421003572004-07-20020 July 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition
ML0420301732004-07-19019 July 2004
Catawba - NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition to NRC Staff'S Petition for Review Regarding Bredl'S Security Expert and NRC Staff'S Reply to Bredl'S Response to Staff'S Petition for Review
ML0419803032004-07-0808 July 2004
Duke Energy Corporation Motion to Compel Discovery Responses from Blue Ridge Environmental Defense League Relating to Security Contention 5
ML0419802952004-07-0808 July 2004
Letter from Diane Curran to Administrative Judges Enclosing Blue Ridge Environmental Defense League'S Motion to Compel Security-Related Discovery Responses by NRC Staff
ML0419003282004-07-0707 July 2004
Catawba - NRC Staff'S Motion to Compel Bredl to Respond to NRC Staff'S First Set of Discovery Requests on Security Contention 5
ML0418400042004-06-30030 June 2004
Catawba - NRC Staff'S Petition for Review of the Licensing Board'S Ruling Related to Bredl'S Proffered Security Expert
ML0418400022004-06-30030 June 2004
Catawba - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S June 25, 2004 Finding Regarding Dr. Edwin Lyman'S Expertise
ML0417503272004-05-21021 May 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Withdraw Contention II and Request to Change Hearing Schedule for Contention I
ML0414004642004-05-11011 May 2004
Duke Energy Corporation'S Motion to Modify Protective Order
ML0411900812004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Proposed Hearing Schedule and Request for Reconsideration of Aslb'S Internal Deadline of August 2004 for Issuing a Decision in This Proceeding
ML0411900752004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Motion for Clarification or Reconsideration April 8, 2004, Order
ML0411107922004-04-16016 April 2004
NRC Staff'S Motion to Compel Blue Ridge Environmental Defense League to Respond to NRC Staff'S First Set of Interrogatories and Request for Production of Documents
ML0410001092004-04-0202 April 2004
Duke Energy Corporation'S Motion for Protective Order
ML0409202502004-03-30030 March 2004
Nuclear Regulatory Commission Staff'S Response to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0409203312004-03-25025 March 2004
Blue Ridge Environmental Defense League'S Opposition to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0408306822004-03-15015 March 2004
Duke Energy Corporation'S Motion to Dismiss Contention III
ML0405004752004-02-11011 February 2004
Certificate of Service for NRC Staff'S Petition for Review of the Licensing Board'S February 4, 2004 Order Relating to Bredl'S Request to Attend a Closed Meeting.
ML0405004672004-02-11011 February 2004
Affidavit of John A. Nakoski in Support of NRC Staff Request for Interlocutory Review
ML0404202532004-02-0303 February 2004
Blue Ridge Environmental Defense League'S Emergency Motion for Access to NRC Staff Meeting on February 6, 2004
ML0403604932004-02-0202 February 2004
Catawba -- NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S January 29, 2004 Order Finding a Need-To-Know and Ordering NRC Staff to Provide Petitoner with Acess to Documents Containing Safeguards Information (Superceded)
ML0403604702004-01-30030 January 2004
Catawba MOX - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S January 29, 2004 Order Regarding Access to NRC Documents Containing Safeguards Information
2012-05-11
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.ERA$ '1782 May 11, 2004 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION May 18,2004 (4:52PM)
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of: )
DUKE ENERGY CORPORATION ) ) Docket Nos. 50-413-OLA 50-414-OLA (Catawvba Nuclear Station, )
Units 1 and 2) )
DUKE ENERGY CORPORATION'S MOTION TO MODIFY PROTECTIVE ORDER On April 8, 2004, in response to an unopposed motion by Duke Energy Corporation ("Duke"), the Atomic Safety and Licensing Board ("Licensing Board") issued a "Memorandum and Order (Protective Order Governing Non-Disclosure of Proprietary Information)" ("Protective Order"). Duke herein requests that the Licensing Board issue an Addendum to the Protective Order.
On April 13, 2004, Duke and Blue Ridge Environmental Defense League
("BREDL") executed a Confidentiality and Non-Disclosure Agreement pursuant to the Protective Order. Subsequently, to facilitate Duke's May 10, 2004 response to the second set of discovery requests from BREDL, Duke and BREDL agreed that the April 13, 2004 Confidentiality and Non-Disclosure Agreement would encompass documents proprietary to "Duke's contractors" (e.g., Westinghouse) as well as Duke, Duke Cogema Stone & Webster
("DCS"), and DCS's contractors, and that the remedies provided by Paragraph 4 of the Agreement apply to Duke's contractors as well as Duke, DCS and/or DCS's contractors.
pez/a 7~sec >-oiissyo
Further, Duke and BREDL agreed to request that the Licensing Board make conforming changes to the Protective Order.
Specifically, Paragraph 4 of the Form of the Confidentiality and Non-Disclosure Agreement attached to the Protective Order should be revised to state:
- 4. BREDL agrees that any threatened or existing violation of this Agreement would cause Duke, Duke's contractors, Duke Cogema Stone & Webster ("DCS"), and/or DCS's contractors irreparable harm for which Duke, Duke's contractors, DCS and/or DCS's contractors would not have an adequate remedy at law, and that Duke, Duke's contractors, DCS and/or DCS's contractors shall be entitled to seek immediate injunctive relief prohibiting such violation in addition to any other rights or remedies. If a party is liable to the other on account of this Agreement, the measure of damages shall include any amount for indirect, incidental, consequential, or punitive damages and/or lost profits.
Attached is a copy of a proposed Addenda to the Protective Order. Counsel for BREDL and the NRC Staff have indicated that they have no objection to this amendment.
Respectfully submitted, David A. Repka, Esq.
WINSTON & STRAWN LLP 1400 L Street, NW Washington, D.C. 20005-3502 (202) 371-5726 Lisa F. Vaughn DUKE ENERGY CORPORATION 422 South Church Street Mail Code: PBO5E Charlotte, N.C. 28201-1244 ATTORNEYS FOR DUKE ENERGY CORPORATION Dated in Washington, District of Columbia This I Ph day of May 2004 2
DRAFT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ann Marshall Young, Chairman Anthony J. Baratta Thomas S. Elleman In the)Matterof: Docket'Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA
) ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, May 2004 Units l and 2))
ADDENDUM NUMBER 1 to Protective Order Governing Duke Energy Corporation's Non-Disclosure Of Proprietary Information (April 8. 2004)
Paragraph 4 of the form of the Confidentiality and Non-Disclosure Agreement attached to the Protective Order Governing Non-Disclosure of Proprietary Information (April 8, 2004) is amended to read as follows:
- 4. BREDL agrees that any threatened or existing violation of this Agreement would cause Duke, Duke's contractors, Duke Cogema Stone & Webster ("DCS"), and/or DCS's contractors irreparable harm for which Duke, Duke's contractors, DCS and/or DCS's contractors would not have an adequate remedy at law, and that Duke, Duke's contractors, DCS and/or DCS's contractors shall be entitled to seek immediate injunctive relief prohibiting such violation in addition to any other rights or remedies. If a party is liable to the other on account of this Agreement, the measure of damages shall include any amount for indirect, incidental, consequential, or punitive damages and/or lost profits.
1
DRAFT It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Ann Marshall Young ADMINISTRATIVE JUDGE Rockville, Maryland May 2004 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )
) Docket Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA
)
(Catawba Nuclear Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of "DUKE ENERGY CORPORATION'S MOTION TO MODIFY PROTECTIVE ORDER" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this I Ph day of May, 2004. Additional e-mail service, designated by **, has been made this same day as shown below.
Ann Marshall Young, Chairman** Anthony J. Baratta**
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 (e-mail: AMY~nrc.gov) (e-mail: AJB5@nrc.gov)
Dr. Thomas S. Elleman** Office of the Secretary**
Administrative Judge U.S. Nuclear Regulatory Commission 5207 Creedmoor Road, #101 Washington, DC 20555 Raleigh, NC 27612 Attn: Rulemakings and Adjudications Staff (e-mail: elleman(eos.ncsu.edu) (original + two copies)
(e-mail: HEARINGDOCKET~nrc.gov)
Office of Commission Appellate Adjudicatory File Adjudication Atomic Safety and Licensing Board Panel Mail Stop 0-16C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 1
Susan L. Uttal, Esq.** Diane Curran**
Antonio Fernandez, Esq.** Harmon, Curran, Spielberg &
Margaret J. Bupp, Esq.** Eisenberg, LLP Office of the General Counsel, O-15D21 1726 M Street, N.W.
U.S. Nuclear Regulatory Commission Suite 600 Washington, DC 20555 Washington, DC 20036 (e-mail: slugnrc.gov) (e-mail: dcurran~harnoncurran.com)
(e-mail: axf2@nrc.gov)
(e-mail: mjb5@nrc.gov)
Davi A. Repka Counsel for Duke Energy Corporation 2
DC:357473.1
