ML043570141

From kanterella
Jump to navigation Jump to search
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
ML043570141
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 12/20/2004
From: Wetterhahn M
Winston & Strawn, LLP
To: Anthony Baratta, Elleman T, Austin Young
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-413-OLA, 50-414-0LA, ASLBP 03-815-03-OLA, RAS 9028
Download: ML043570141 (3)


Text

DOCKETED USNRC December 21, 2004 (8:48am)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket Nos. 50-413/414-OLA RAS 9028 From: "Wetterhahn, Mark" <MWetterhahn@winston.com>

To: "Ann Young (E-mail)" <AMY@nrc.gov>, "Anthony J. Baratta (E-mail)"

<AJB5@nrc.gov>, "Thomas Elleman (E-mail)" <elleman@eos.ncsu.edu>

Date: Mon, Dec 20, 2004 5:10 PM

Subject:

BREDL's December 20, 2004 Motion for Leave to File Testimony Out of Time In your consideration of Blue Ridge Environmental Defense League's Motion for Leave to File Prefiled Written Testimony Out of Time, please consider the following:

1. As counsel for Duke, I told Ms. Curran that I would not consent to her request in advance, not that Duke opposed the request.
2. The motion does not state why Dr. Lyman or other staff could not have finished proofreading and assembling the testimony.
3. Ms. Curran made no offer to make the testimony available to Duke before Monday morning.
4. Ms. Curran is experienced counsel and should have anticipated last minute issues arising. Earlier in the day, she had told me she anticipated leaving the office before 4:00 p.m.

on Friday.

5. Duke was prejudiced in that, because of the delayed service, its witnesses would not see the testimony before Tuesday instead of the previous Saturday. Because of the holidays and the unavailability of witnesses, any delay makes it more difficult to respond to BREDL's testimony.

Mark J. Wetterhahn The contents of this message may be privileged and confidential. Therefore, if this message has been received in error, please delete it without reading it. Your receipt of this message is not intended to waive any applicable privilege.

Please do not disseminate this message without the permission of the author.

CC: "Cash, Mike" <mtcash@duke-energy.com>, "Curran, Diane (E-mail)"

<dcurran@harmoncurran.com>, "Fernandez, Antonio (E-mail)" <axf2@nrc.gov>, "Nesbit, Steve (E-mail)" <spnesbit@duke-energy.com>, "Office of the Secretary (E-mail)"

<HEARINGDOCKET@nrc.gov>, "Shana Zipkin (E-mail)" <SCZ@nrc.gov>, "Timika Shafeek-Horton Esq. (E-mail)" <tshafeek@duke-energy.com>, "Uttal, Susan (E-mail)"

<slu@nrc.gov>, "Vaughn, Lisa (E-mail)" <lfvaughn@duke-energy.com>

Mail Envelope Properties (41C74DD2.7E5 : 20 : 51173)

Subject:

BREDL's December 20, 2004 Motion for Leave to File Testimony Out of Time Creation Date: Mon, Dec 20, 2004 5:09 PM From: "Wetterhahn, Mark" <MWetterhahn@winston.com>

Created By: MWetterhahn@winston.com Recipients nrc.gov owf5_po.OWFN_DO SLU CC (Susan Uttal)

HearingDocket CC (Office of the Secretary AXF2 CC (Antonio Fernandez) nrc.gov TWGWPO02.HQGWDO01 SCZ CC (Shana Zipkin) nrc.gov twf2_po.TWFN_DO AJB5 (Anthony Baratta)

AMY (Ann Young) duke-energy.com lfvaughn CC (Lisa (E-mail) Vaughn) tshafeek CC (Timika Shafeek-Horton Esq. (E spnesbit CC (Steve (E-mail) Nesbit) mtcash CC (Mike Cash) harmoncurran.com dcurran CC (Diane (E-mail) Curran) eos.ncsu.edu elleman (Thomas Elleman (E-mail))

Post Office Route owf5_po.OWFN_DO nrc.gov TWGWPO02.HQGWDO01 nrc.gov twf2_po.TWFN_DO nrc.gov duke-energy.com harmoncurran.com eos.ncsu.edu Files Size Date & Time MESSAGE 1386 Monday, December 20, 2004 5:09 PM

Mime.822 3312 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard