ML043060253

Letter from Antonio Fernández 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. Currans Informal Discovery Letter

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)

Text

RAS 8745 DOCKETED 11/01/04 October 29, 2004 Ann Marshall Young, Chair Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 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 Thomas S. Elleman Administrative Judge Atomic Safety and Licensing Board 5207 Creedmoor Rd. #101 Raleigh, NC 27612 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