ML042160546
| ML042160546 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 07/27/2004 |
| From: | Cottingham A, Repka D Duke Energy Corp, Winston & Strawn, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8221 | |
| Download: ML042160546 (6) | |
Text
Rns5 i;:2 July 27, 2004 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION August 3,2004 (11:16AM)
BEFORE THE ATOMIC SAFETY AND LICENSING BOARDOFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of:
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50-413-OLA DUKE ENERGY CORPORATION
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50-414-OLA (Catawba Nuclear Station,
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Units I and 2)
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DUKE ENERGY CORPORATION'S MOTION TO MODIFY DECEMBER 15. 2003 PROTECTIVE ORDER On December 15, 2003, the Atomic Safety and Licensing Board ("Licensing Board") issued a "Memorandum and Order (Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal)" ("Protective Order").'
Duke Energy Corporation ("Duke") herein requests that the Licensing Board issue an Addendum to that Protective Order substituting Ms. Timika Shafeek-Horton, Esq., for Ms. Lisa F. Vaughn, Esq., as lead counsel for purposes of service of documents containing Protected Information.
Ms. Shafeek-Horton is now representing Duke Energy Corporation in the MOX fuel lead assembly license amendment proceeding.2 Ms. Shafeek-Horton has a "need to know" regarding the Protected Information that is the subject of the December 15, 2003 Protective This Protective Order was last amended on June 28, 2004. See "Addendum Number 3 to Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal (Dec. 15, 2003)."
2 Ms. Shafeek-Horton previously entered a notice of appearance in this proceeding on June 22, 2004. See Tr. 1940.
IChA-L SEC' 4q-Iay_
Order, and requires access to that Protected Information for the purpose of litigating the admitted security contention in this proceeding and addressing related security issues, on behalf of Duke.
Accordingly, Duke requests that the Licensing Board issue an Addendum modifying Section H.2. of the December 15, 2003 Protective Order to designate Timika Shafeek-Horton, Esquire, as "lead counsel" for Duke for the purposes of receiving service of documents in this proceeding that contain Protected Information.3 Specifically, Section H.2., footnote 4, of the Protective Order should be amended to state:
"The following attorneys shall be considered 'lead counsel' for service purposes: David A. Repka (Duke), Timika Shafeek-Horton (Duke), Diane Curran (BREDL), and Antonio Fernandez (NRC Staff)."
Attached is a copy of a proposed Addendum 4 to the Protective Order. Counsel for BREDL and the NRC Staff have indicated that they have no objection to this amendment.
3 The Dec. 15, 2003 Protective Order currently provides that all pleadings and correspondence in this proceeding (including testimony) that contain any Protected Information shall: "Be served only on lead counsel, the Assistant for Rulemakings and Adjudications in the Commission's Office of the Secretary, and the individual members of the Licensing Board." Protective Order, Section H.2, p. 5. For the purpose of serving such documents, Ms. Lisa F. Vaughn, counsel for Duke Energy Corporation, is currently listed as the "lead attorney" for Duke. Id., at footnote 4.
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Respectfully submitted, David A. Repka, Esq.
Anne W. Cottingham WINSTON & STRAWN LLP 1400 L Street, NW Washington, D.C. 20005-3502 (202) 371-5726 Timika Shafeek-Horton DUKE ENERGY CORPORATION 422 South Church Street Mail Code: PB05E Charlotte, N.C. 28201-1244 ATTORNEYS FOR DUKE ENERGY CORPORATION Dated in Washington, District of Columbia This 27th day of July 2004 3
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 Matter of:
DUKE ENERGY CORPORATION
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Docket Nos. 50-413-OLA 50-414-OLA (Catawba Nuclear Station, Units I and 2)
ASLBP No.
July -
2004 ADDENDUM NUMBER 4 to the December 15, 2003 Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal By agreement of the parties, Section H.2., footnote 4, of the December 15, 2003 "Memorandum and Order (Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal)" is amended to state as follows:
"The following attorneys shall be considered 'lead counsel' for service purposes: David A. Repka (Duke), Timika Shafeek-Horton (Duke), Diane Curran (BREDL), and Antonio Fernandez (NRC Staff)."
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Ann Marshall Young ADMINISTRATIVE JUDGE Rockville, Maryland July
, 2004
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
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Docket Nos.
50-413-OLA 50-414-OLA CERTIFICATE OF SERVICE I hereby certify that copies of "DUKE ENERGY CORPORATION'S MOTION TO MODIFY DECEMBER 15, 2003 PROTECTIVE ORDER" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this 27th day of July, 2004. Additional e-mail service, designated by **, has been made this same day as shown below.
Ann Marshall Young, Chairman*"
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY~nrc.gov)
Dr. Thomas S. Elleman**
Administrative Judge 5207 Creedmoor Road, #101 Raleigh, NC 27612 (e-mail: elleman(eos.ncsu.edu)
Office of Commission Appellate Adjudication Mail Stop 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Anthony J. Baratta**
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AJB5@nrc.gov)
Office of the Secretary"*
U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (original + two copies)
(e-mail: HEARINGDOCKET~nrc.gov)
Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
Susan L. Uttal, Esq.**
Antonio Fernandez, Esq.**
Margaret J. Bupp, Esq.**
Office of the General Counsel, 0-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slugnrc.gov)
(e-mail: axf2@nrc.gov)
(e-mail: mjb5(nrc.gov)
Diane Curran" Harmon, Curran, Spielberg &
Eisenberg, LLP 1726 M Street, N.W.
Suite 600 Washington, DC 20036 (e-mail: dcurrangharmoncurran.com)
David A. Repka Counsel for Duke Energy Corporation 2