ML043060253
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| ML043060253 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 10/29/2004 |
| From: | Fernandez A NRC/OGC |
| To: | Anthony Baratta, Elleman T, Austin Young Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8745 | |
| Download: ML043060253 (1) | |
Similar Documents at Catawba | |
|---|---|
Category:Legal-Correspondence
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[Table view]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 |
Text
RAS 8745 DOCKETED 11/01/04 October 29, 2004 Ann Marshall Young, Chair Thomas S. Elleman Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 5207 Creedmoor Rd. #101 Mail Stop: T-3F23 Raleigh, NC 27612 Washington, D.C. 20555 Anthony J. Baratta Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 In the Matter of DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)
Docket Nos. 50-413-OLA and 414-OLA
Dear Administrative Judges:
This is to confirm an electronic mail message sent to the Board and parties in the instant case on October 28, 2004. As reflected in that electronic mail message, the NRC Staff incorrectly identified Enclosure 4 to item 3 of Ms. Currans informal discovery letter as discoverable. This was a mistake. As argued at a closed session on October 25, 2004, the Staff opposes BREDL's access to the information contained in item 3 of Ms. Curran's letter. The basis for the Staff's determination, as argued in the closed session, is the generic nature of the information contained therein and the fact that the information concerns force-on-force exercises that have tested solely against the DBT for radiological sabotage (an issue that the Commission has repeatedly stated is beyond the scope of this proceeding).
Therefore, the Staff continues to oppose BREDLs access to item 3 for the reasons previously articulated in this proceeding.
Sincerely,
/RA/
Antonio Fernández Counsel for NRC Staff cc: Service list
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