Letter from David A. Repka to Diane Curran Discussing Agreement Regarding Proprietary Documents| ML041700120 |
| Person / Time |
|---|
| Site: |
Catawba  |
|---|
| Issue date: |
05/27/2004 |
|---|
| From: |
Repka D
Duke Energy Corp, Winston & Strawn, LLP |
|---|
| To: |
Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Office of Nuclear Reactor Regulation |
|---|
| Byrdsong A T |
| References |
|---|
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7950 |
| Download: ML041700120 (6) |
|
|
|---|
Category:Legal-Correspondence
MONTHYEARML0602604342006-01-12012 January 2006
Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp
ML0527201292005-09-28028 September 2005
Letter from Emile L. Julian Diane Curran Requesting Return of Safeguards Documents
ML0513100102005-05-10010 May 2005
Catawba - Letter from Nathan Wildermann to Emile L. Julian Enclosing a Corrected Certificate of Service for the NRC Staff'S Reply to Duke Energy Corporation'S Brief on Review of the Licensing Board'S Final Order
ML0515700462005-04-19019 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Informing That as of April 14, 2005, Antonio Fernndez Has Been Reinstated by the State of Maryland as a Licensed Attorney in Good Standing
ML0510903682005-04-12012 April 2005
Letter from Diane Curran to the Commissioners Requesting Measures to Correct Apparent Illegal Shipment of Plutonium MOX Fuel to the Catawba Nuclear Power Plant
ML0512305012005-04-0808 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Regarding Antonio Fernndez'S Status as a Licensed Attorney in the State of Maryland
ML0509703242005-03-31031 March 2005
Notice of Change of Address and Telephone Numbers
ML0509703102005-03-30030 March 2005
Plutonium MOX Fuel Assemblies Not Be Sent to the Catawba Nuclear Plant Until Duke Has Fulfilled the License Conditions to the Satisfaction of the ASLB
ML0506803102005-03-0303 March 2005
Letter from Anne W. Cottingham to Emile L. Julian Enclosing the Original Affidavit of Steven P. Nesbit Submitted in Support of Duke Energy Corporation'S Response to Bredl'S Motion to Re-Open the Record on Security Contention 5
ML0436401522004-12-23023 December 2004
Catawba MOX - Letter from Susan L. Uttal to the Administrative Judges Re Inspection of the Measures for the Protection of SGI at the Offices of Diane Curran
ML0435701562004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to Diane Curran Re Service of Bredl Exhibit 4
ML0435701412004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to the Administrative Judges Re Bredl'S 12/20/04 Motion for Leave to File Testimony Out of Time
ML0435700492004-12-17017 December 2004
E-mail from Administrative Judge Young to Parties Re Bredl'S Prefiled Testimony
ML0434802742004-12-0909 December 2004
Letter from Diane Curran to Administrative Judges Informing That Bredl Is Planning to File an Appeal of the NRC Staff'S 12/03/04 Adverse need-to-know Determination Regarding SECY-03-0215, Insider Threat Mitigation by Licensees
ML0434303982004-12-0707 December 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Public Citrix-based Version of ADAMS Publicly Available Records System (PARS) Has Been Partially Restored
ML0435002612004-12-0606 December 2004
Letter from David A. Repka to Annette Vietti-Cook Providing Additional Information That Duke Energy Corporation Considers Directly Pertinent to an Important Matter Pending Before the Commission
ML0434503102004-12-0303 December 2004
Catawba MOX - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of the Final Report on the Pilot Expanded Force-on-Force Exercise Program with Lessons Learned and Recommendations for Future Activities
ML0434304512004-12-0303 December 2004
Catawba MOX - Letter from Antonio Fernndez to Mark J. Wetterhahn Re Determination That Bredl Has a need-to-know the Contents of NEI-03-01
ML0435700152004-12-0202 December 2004
E-mail from Diane Curran to Counsel for Duke Energy Corp. and the NRC Staff Re Safeguards Clearance for Edward Johns
ML0435604072004-12-0202 December 2004
E-mail from Diane Curran to Patricia Smith Re Safeguards Clearance for Court Reporter
ML0433801742004-12-0202 December 2004
Catawba - Letter from Susan L. Uttal to Diane Curran Enclosing a Copy of Administrative Change to Facility Operating Licenses in Conjunction with Commission Order EA-03-086
ML0433403782004-11-29029 November 2004
Catawba - Letter from Antonio Fernndez to Diane Curran Re Documents Relating to NRC-sponsored force-on-force Exercises Conducted as Part of the Pilot force-on-force Program
ML0435603492004-11-24024 November 2004
E-mail from Diane Curran to Antonio Fernndez Re Pilot force-on-force Exercise Documents
ML0432803412004-11-22022 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn and Diane Curran Informing That the Staff Does Not Object to the Settlement Agreed to by Duke and Bredl
ML0435602912004-11-18018 November 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Availability for Conference Call on 11/19/04
ML0432303782004-11-18018 November 2004
Catawba - Letter to Mark Wetterhahn Procedures
ML0432302472004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS
ML0432303582004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat
ML0433600862004-11-12012 November 2004
Catawba - Letter from Susan L. Uttal to Mark J. Wetterhahn Enclosing Redacted Copies of Duke Security Procedures 1305-C, 1304-C, 213 and 412
ML0431701382004-11-10010 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing That the Staff Is Unable to Provide Access to an 08/25/76 NRC Classified Letter from George P. Fisher to Maurice Eisenstein
ML0632105362004-11-0505 November 2004
E-mail from Diane Curran to the Licensing Board Informing That Bredl and Duke Energy Have Resolved Contention 6
ML0435000712004-11-0505 November 2004
E-mail from Diane Curran to Administrative Judges Informing That Bredl and Duke Energy Corp. Have Resolved Contention 6
ML0431703842004-11-0202 November 2004
Letter from David A. Repka to Administrative Judges Disagreeing with Statement Made in the Letter of October 29, 2004, Submitted by Counsel for the Blue Ridge Environmental Defense League, on Schedule Matters
ML0431703952004-11-0202 November 2004
Letter from Mark J. Wetterhahn to Diane Curran Responding to 10/20/2004 Letter and e-mail of 10/21/2004 Requesting That Blue Ridge Environmental Defense League Be Given Access to a Number of Documents Through Informal Discovery
ML0431001902004-11-0101 November 2004
Letter from Mark J. Wetterhahn to Diane Curran and Antonio Fernndez Forwarding Proposed Language Defining What Would Constitute Radiological Sabotage of the MOX Lead Assemblies Re Settlement of Proposed Bredl Security Contention 6
ML0430602532004-10-29029 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Confirming Electronic Mail Message Sent to Board and Parties on 10/28/04 Re Incorrect Identification of Enclosure 4 to Item 3 of Ms. Curran'S Informal Discovery Letter.
ML0431703752004-10-29029 October 2004
Letter from Diane Curran to Administrative Judges Responding to Duke Energy Corp.'S 10/29/04 Letter to the Licensing Board Which Purports to Clarify the Schedule for the Plutonium Mixed Oxide (MOX) Fuel Lead Test Assembly (LTA) Program
ML0430904522004-10-28028 October 2004
Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program
ML0430200062004-10-27027 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Request for Discovery Document
ML0430100422004-10-25025 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS
ML0432303892004-10-22022 October 2004
Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued.
ML0429601852004-10-19019 October 2004
Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6
ML0429601762004-10-19019 October 2004
Letter from Diane Curran to Antonio Fernndez and Susan L. Uttal Re Informal Discovery Request for security-related Documents and Request for need-to-know Determination
ML0429303712004-10-14014 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Responding to the Board'S 10/01/04 Order Re Impact of Information Provided in Duke'S 09/20/04 Letter
ML0429401452004-10-13013 October 2004
Letter from Mark J. Wetterhahn to Administrative Judges Regarding Responses to Information Provided by the Staff Relating to Three Questions Discussed in the September 28 Closed Session
ML0430700902004-10-0808 October 2004
E-mail from Diane Curran to Administrative Judge Young Informing That Bredl Is Not Prepared at This Point to Comment on Whether New Information Regarding Dose Consequences That Duek Provided to the NRC on 09/20/04 Is Relevant to Contention
ML0428704752004-10-0606 October 2004
Letter from David A. Repka to Administrative Judges Enclosing a Copy of Duke Energy Corp.'S 10/04/04 Submittal Which Provides Further Information Re Issue Addressed in Mr. Repka'S Correspondence of 08/31/04 and 09/20/04
ML0428002082004-10-0505 October 2004
10/5/2004 - Letter to Diane Curran Specific Interrogatory 4
ML0427804812004-10-0404 October 2004
Catawba MOX - Letter from Susan L. Uttal to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order Re NRC Staff'S View of the Impact of the Information Provided by Duke in Its 09/20/04 Letter Related to Contention I
ML0427504572004-10-0101 October 2004
Catawba MOX - Letter from Antonio Fernandez to Mark Wetterhahn Enclosing a Redacted Copy of the Physical Security Plan for the Catawba Nuclear Station, Revision 0 (Plan)
2006-01-12
[Table view]
Category:Legal-Correspondence/Maintenance
MONTHYEARML0602604342006-01-12012 January 2006
Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp
ML0527201292005-09-28028 September 2005
Letter from Emile L. Julian Diane Curran Requesting Return of Safeguards Documents
ML0513100102005-05-10010 May 2005
Catawba - Letter from Nathan Wildermann to Emile L. Julian Enclosing a Corrected Certificate of Service for the NRC Staff'S Reply to Duke Energy Corporation'S Brief on Review of the Licensing Board'S Final Order
ML0515700462005-04-19019 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Informing That as of April 14, 2005, Antonio Fernndez Has Been Reinstated by the State of Maryland as a Licensed Attorney in Good Standing
ML0510903682005-04-12012 April 2005
Letter from Diane Curran to the Commissioners Requesting Measures to Correct Apparent Illegal Shipment of Plutonium MOX Fuel to the Catawba Nuclear Power Plant
ML0512305012005-04-0808 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Regarding Antonio Fernndez'S Status as a Licensed Attorney in the State of Maryland
ML0509703242005-03-31031 March 2005
Notice of Change of Address and Telephone Numbers
ML0509703102005-03-30030 March 2005
Plutonium MOX Fuel Assemblies Not Be Sent to the Catawba Nuclear Plant Until Duke Has Fulfilled the License Conditions to the Satisfaction of the ASLB
ML0506803102005-03-0303 March 2005
Letter from Anne W. Cottingham to Emile L. Julian Enclosing the Original Affidavit of Steven P. Nesbit Submitted in Support of Duke Energy Corporation'S Response to Bredl'S Motion to Re-Open the Record on Security Contention 5
ML0435701562004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to Diane Curran Re Service of Bredl Exhibit 4
ML0435701412004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to the Administrative Judges Re Bredl'S 12/20/04 Motion for Leave to File Testimony Out of Time
ML0435700492004-12-17017 December 2004
E-mail from Administrative Judge Young to Parties Re Bredl'S Prefiled Testimony
ML0434802742004-12-0909 December 2004
Letter from Diane Curran to Administrative Judges Informing That Bredl Is Planning to File an Appeal of the NRC Staff'S 12/03/04 Adverse need-to-know Determination Regarding SECY-03-0215, Insider Threat Mitigation by Licensees
ML0434303982004-12-0707 December 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Public Citrix-based Version of ADAMS Publicly Available Records System (PARS) Has Been Partially Restored
ML0435002612004-12-0606 December 2004
Letter from David A. Repka to Annette Vietti-Cook Providing Additional Information That Duke Energy Corporation Considers Directly Pertinent to an Important Matter Pending Before the Commission
ML0434503102004-12-0303 December 2004
Catawba MOX - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of the Final Report on the Pilot Expanded Force-on-Force Exercise Program with Lessons Learned and Recommendations for Future Activities
ML0434304512004-12-0303 December 2004
Catawba MOX - Letter from Antonio Fernndez to Mark J. Wetterhahn Re Determination That Bredl Has a need-to-know the Contents of NEI-03-01
ML0435700152004-12-0202 December 2004
E-mail from Diane Curran to Counsel for Duke Energy Corp. and the NRC Staff Re Safeguards Clearance for Edward Johns
ML0435604072004-12-0202 December 2004
E-mail from Diane Curran to Patricia Smith Re Safeguards Clearance for Court Reporter
ML0433801742004-12-0202 December 2004
Catawba - Letter from Susan L. Uttal to Diane Curran Enclosing a Copy of Administrative Change to Facility Operating Licenses in Conjunction with Commission Order EA-03-086
ML0433403782004-11-29029 November 2004
Catawba - Letter from Antonio Fernndez to Diane Curran Re Documents Relating to NRC-sponsored force-on-force Exercises Conducted as Part of the Pilot force-on-force Program
ML0435603492004-11-24024 November 2004
E-mail from Diane Curran to Antonio Fernndez Re Pilot force-on-force Exercise Documents
ML0432803412004-11-22022 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn and Diane Curran Informing That the Staff Does Not Object to the Settlement Agreed to by Duke and Bredl
ML0435602912004-11-18018 November 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Availability for Conference Call on 11/19/04
ML0432303582004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat
ML0432302472004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS
ML0433600862004-11-12012 November 2004
Catawba - Letter from Susan L. Uttal to Mark J. Wetterhahn Enclosing Redacted Copies of Duke Security Procedures 1305-C, 1304-C, 213 and 412
ML0431701382004-11-10010 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing That the Staff Is Unable to Provide Access to an 08/25/76 NRC Classified Letter from George P. Fisher to Maurice Eisenstein
ML0435000712004-11-0505 November 2004
E-mail from Diane Curran to Administrative Judges Informing That Bredl and Duke Energy Corp. Have Resolved Contention 6
ML0431703952004-11-0202 November 2004
Letter from Mark J. Wetterhahn to Diane Curran Responding to 10/20/2004 Letter and e-mail of 10/21/2004 Requesting That Blue Ridge Environmental Defense League Be Given Access to a Number of Documents Through Informal Discovery
ML0431703842004-11-0202 November 2004
Letter from David A. Repka to Administrative Judges Disagreeing with Statement Made in the Letter of October 29, 2004, Submitted by Counsel for the Blue Ridge Environmental Defense League, on Schedule Matters
ML0431001902004-11-0101 November 2004
Letter from Mark J. Wetterhahn to Diane Curran and Antonio Fernndez Forwarding Proposed Language Defining What Would Constitute Radiological Sabotage of the MOX Lead Assemblies Re Settlement of Proposed Bredl Security Contention 6
ML0430602532004-10-29029 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Confirming Electronic Mail Message Sent to Board and Parties on 10/28/04 Re Incorrect Identification of Enclosure 4 to Item 3 of Ms. Curran'S Informal Discovery Letter.
ML0431703752004-10-29029 October 2004
Letter from Diane Curran to Administrative Judges Responding to Duke Energy Corp.'S 10/29/04 Letter to the Licensing Board Which Purports to Clarify the Schedule for the Plutonium Mixed Oxide (MOX) Fuel Lead Test Assembly (LTA) Program
ML0430904522004-10-28028 October 2004
Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program
ML0430200062004-10-27027 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Request for Discovery Document
ML0430100422004-10-25025 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS
ML0432303892004-10-22022 October 2004
Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued.
ML0429601762004-10-19019 October 2004
Letter from Diane Curran to Antonio Fernndez and Susan L. Uttal Re Informal Discovery Request for security-related Documents and Request for need-to-know Determination
ML0429601852004-10-19019 October 2004
Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6
ML0429303712004-10-14014 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Responding to the Board'S 10/01/04 Order Re Impact of Information Provided in Duke'S 09/20/04 Letter
ML0429401452004-10-13013 October 2004
Letter from Mark J. Wetterhahn to Administrative Judges Regarding Responses to Information Provided by the Staff Relating to Three Questions Discussed in the September 28 Closed Session
ML0430700902004-10-0808 October 2004
E-mail from Diane Curran to Administrative Judge Young Informing That Bredl Is Not Prepared at This Point to Comment on Whether New Information Regarding Dose Consequences That Duek Provided to the NRC on 09/20/04 Is Relevant to Contention
ML0428704752004-10-0606 October 2004
Letter from David A. Repka to Administrative Judges Enclosing a Copy of Duke Energy Corp.'S 10/04/04 Submittal Which Provides Further Information Re Issue Addressed in Mr. Repka'S Correspondence of 08/31/04 and 09/20/04
ML0427804812004-10-0404 October 2004
Catawba MOX - Letter from Susan L. Uttal to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order Re NRC Staff'S View of the Impact of the Information Provided by Duke in Its 09/20/04 Letter Related to Contention I
ML0427504572004-10-0101 October 2004
Catawba MOX - Letter from Antonio Fernandez to Mark Wetterhahn Enclosing a Redacted Copy of the Physical Security Plan for the Catawba Nuclear Station, Revision 0 (Plan)
ML0430700832004-09-30030 September 2004
E-mail from Mark J. Wetterhahn to Board and Parties Informing That Duke Energy Corporation Will Not Appeal the Licensing Board Order Regarding Access to Proposed Security Plan
ML0430700682004-09-30030 September 2004
E-mail from Susan L. Uttal to Administrative Judge Young Re Site Visit
ML0430700292004-09-30030 September 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit of Security Expert Advisor
ML0430700442004-09-29029 September 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit
2006-01-12
[Table view] |
Text
-"RA5 1950 RELATED CORRESPCNDENCE VVINSTON & STRAWN LLP 35 WEST WACKER DRIVE 1400 LSTREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO. ILLINOIS 60601-9703 WASHINGTON, D.C. 20005-3502 LOS ANGELES. CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA. SWITZERLAND (202) 371-5700 NEW YORK, NEW YORK 10166-4193 CITY POINT FACSIMILE (202) 371-5950 21 AVENUE VICTOR HUGO I ROPEMAKER STREET 75116 PARIS, FRANCE LONDON. EC2Y 9HT www.wlnston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 DAVID A. REPKA (202) 371-5726 DOCKETED drepka winston.com May 27, 2004 USNRC BY HAND DELIVERY June 16, 2004 (12:45PM)
Diane Curran, Esq.
OFFICE OF SECRETARY Harmon, Curran, Spielberg & Eisenberg, LLP RULEMAKINGS AND 1726 M Street, N.W. ADJUDICATIONS STAFF Suite 600 Washington, DC 20036 Re: Letter Agreement Relarding Proprietary Documents
Dear Diane:
During discovery in the MOX license amendment case the Blue Ridge Environmental Defense League (BREDL) requested from the NRC Staff certain documents that are proprietary to Framatome, ANP Inc. (Framatome). The NRC Staff declined to produce the documents given their proprietary nature and given that BREDL had not pursued the appropriate process defined in NRC regulations for gaining access to proprietary documents. Subsequently, you pursued these documents directly from Framatome.
As I have discussed with you and Susan Uttal, Duke Energy Corporation (Duke) was approached by Framatome regarding BREDL's request for the proprietary documents.
Although BREDL's request was not made to Duke, we have agreed to serve as a conduit to facilitate BREDL's access and to assure appropriate protection of the proprietary documents.
Accordingly, Framatome has provided to me the documents (in CD ROM format) listed in the attached "References." Enclosed with this letter is a copy of the CD ROM. These documents are being provided to BREDL under the terms of the Protective Order issued by the Atomic Safety and Licensing Board, dated April 8, 2004. In our conversations you have also agreed that the documents are subject to the terms of the Confidentiality and Non-Disclosure Agreement executed by Duke and BREDL on April 13, 2004, pursuant to the Protective Order.
Framatome indicates that the documents in the CD.Rom are those requested by BREDL. Duke makes no representation regarding the sufficiency of these documents to respond to BREDL's discovery requests to the NRC Staff.
Joplet e -Sr- 3SgCY Ax
." WINSTON & STRAWN iLL Diane Curran, Esq.
May 27, 2004 Page 2 Enclosed for your records is a copy of an Affidavit from James F. Mallay, Director, Regulatory Affairs, for Framatome attesting to the proprietary nature of the enclosed documents.
Sincerely, Dvd A. Repka Counsel for Duke Energy Corporation cc: S. Uttal (Nv/Enclosures and CD Rom)
Service List (%v/Enclosures w/o CD Rom)
DAR:kmj DCl359944.1
References Letter, Tom A. Coleman (Framatome ANP) to Document Control Desk (NRC), "Oxidation Criteria for LOCA Conditions," GR01-046, February 22, 2001.
Letter, James F. Mallay (Framatome ANP) to Margaret Chatterton (NRC), 'Translated Viewgraphs from Lyon, France," NRC:01:030, July 12, 2001.
Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Partial Response to RAI on Chapter 13 of BAW-10231P," NRC:02:021, April 26, 2002.
Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Partial Responses to RAI on Chapter 13 of BAW-10231P," NRC:02:038, July 17, 2002.
Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Final Response to RAIs on Chapter 13 of BAW-10231P," NRC:03:027, April 18, 2003.
Letter, James F. Mallay.(Framatome ANP) to Document Control Desk (NRC), "Catawba Nuclear Station, Partial Response to Request for Additional Information Regarding Use of Mixed Oxide Lead Fuel Assemblies," NRC:03:067, October 3, 2003.
Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Partial Response to RAI on BAW-10238(P), Revision 1, 'MOX Fuel Design Report'," NRC:03:082, December 5, 2003 Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Partial Response to RAI on BAW-10238(P), Revision 1, 'MOX Fuel Design Report'," NRC:03:086, December 16, 2003.
Letter, James F. Mallay (Framatome ANP) to Document Control Desk (NRC), "Final Response to RAI on BAW-10238(P), Revision 1, 'MOX Fuel Design Report'," NRC:03:090, December 19, 2003.
BAW-10239P, Revision 1, "MOX Fuel Design Report," May 2003.
BAW-10227P-A, Revision 1, "Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel," June 2003.
AFFIDAVIT COMMONWEALTH OF VIRGINA )
) ss.
CITY OF LYNCHBURG )
- 1. My name is James F. Mallay. I am Director, Regulatory Affairs, for Framatome ANP ("FANP"), and as such I am authorized to execute this Affidavit.
- 2. 1am familiar with the criteria applied by FANP to determine whether certain FANP information is proprietary. I am familiar with the policies established by FANP to ensure the proper application of these criteria.
- 3. 1am familiar with the information contained in the documents ('Documents")
listed in the attachment to this affidavit. Information contained in these Documents have been classified by FANP as proprietary in accordance with the policies established by FANP for the control and protection of proprietary and confidential information.
- 4. These Documents contain information of a proprietary and confidential nature and is of the type customarily held in confidence by FANP and not made available to the public.
Based on my experience, I am aware that other companies regard information of the kind contained in these Documents as proprietary and confidential.
- 5. These Documents have been made available to the Blue Ridge Environmental Defense League with the understanding that the information contained in these Documents be held in strict confidence and will not be released to any other party. The following criteria are customarily applied by FANP to determine whether information should be classified as proprietary:
(a) The information reveals details of FANP's research and development plans and programs or their results.
(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.
(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for FANP.
(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.
(e) The information is vital to a competitive advantage held by FANP, would be helpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.
- 7. In accordance with FANP's policies governing the protection and control of information, proprietary information contained in these Documents have been made available, on a limited basis, to others outside FANP only as required and under suitable agreement providing for nondisclosure and limited use of the information.
- 8. FANP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
P.
- 9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.
SUBSCRIBED before me this c;? '1 day of 1 v , 2004.
, ~~~-
lp,, f2 am --Battle X - r if
- P~7 Ella F. Carr-Payne NOTARY PUBLIC, STATE OF VIRGINIA MY COMMISSION EXPIRES: 8/31/05 ELLA F. CARR-PAYNE Notary Public A Commonwealth of Virginia My Commssion Expa. Aug. 31, 2005