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Category:Legal-Motion
MONTHYEARML12132A4682012-05-11011 May 2012
Motion to Strike
ML0513902052005-05-13013 May 2005
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Exceed Page Limitation
ML0505502862005-02-15015 February 2005
Duke Energy Corporation'S Response to the Blue Ridge Environmental Defense League'S Motion to Re-open the Record on Security Contention 5
ML0504901822005-02-15015 February 2005
Catawba - NRC Staff Response in Opposition to Blue Ridge Environmental Defense League'S Motion to Re-Open the Record on Security Contention 5
ML0504700292005-02-15015 February 2005
Catawba - NRC Staff'S Response to Bredl'S February 3rd Letter
ML0504503372005-01-31031 January 2005
Duke Energy Corporation'S Motion to Amend Protective Order to Add an Additional Individual to Receive Protected Information
ML0502502522005-01-24024 January 2005
Catawba - Corrected Certificate of Service to the NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0502502492005-01-21021 January 2005
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0500602012004-12-22022 December 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Interlocutory Review of ASLB Ruling Amending Protective Order
ML0436402832004-12-22022 December 2004
Response of Duke Energy Corporation to NRC Staff'S Motion for Expedited Interlocutory Review
ML0436400962004-12-21021 December 2004
Catawba MOX - NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending the Protective Order and Request for Expedited Review
ML0500501202004-12-20020 December 2004
Catawba - NRC Staff'S Motion for Stay Pending Interlocutory Review of the Licensing Board'S December 17, 2004 Order Amending Protective Order
ML0435503702004-12-20020 December 2004
Letter from Diane Curran to Emile Julian Enclosing Blue Ridge Environmental Defense League'S Motion for Leave to File Prefiled Written Testimony Out of Time
CY-03-215, Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply2004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Reply to NRC Staff'S Response to Need-to-Know Appeal with Accompanying Reply
ML0500404622004-12-15015 December 2004
Catawba MOX - NRC Staff'S Response to Bredl'S Appeal of Staff'S Adverse Need-to-Know Determination Regarding SECY-03-215
ML0435700192004-12-15015 December 2004
Blue Ridge Environmental Defense League'S Motion to Amend Protective Order
ML0432803532004-11-22022 November 2004
Catawba - NRC Staff Response to Bredl Motion for Imposition of Interim Discovery Measures to Compensate for Unavailability of ADAMS
ML0433501362004-11-15015 November 2004
Duke Energy Corporation'S Response to Bredl Motion for Imposition of Interim Discovery Measures and Delay in the Hearing Schedule
ML0431703692004-11-0505 November 2004
Motion for Approval of Consent Order Regarding Document Discovery; Consent Order Regarding Document Discovery; Blue Ridge Environmental Defense League'S Motion for Imposition of Interim Discovery Measures to Compensate.
ML0430904602004-10-28028 October 2004
Duke Energy Corporation'S Response to Motion for Reconsideration of CLI-04-29
ML0430104462004-10-18018 October 2004
Blue Ridge Environmental Defense League'S Motion for Reconsideration of CLI-04-29
ML0426703602004-09-22022 September 2004
Catawba - NRC Staff'S Motion to Amend December 15, 2003 Protective Order
ML0426800692004-09-17017 September 2004
Duke Energy Corporation'S Opposition to Blue Ridge Environmental Defense League'S Motion to Compel Production of the Proposed Security Plan for Catawba Nuclear Station
ML0426401042004-09-0707 September 2004
Blue Ridge Environmental Defense League'S Motion to Compel Production of Revision 17 of Security Plan for Catawba Nuclear Power Plant
ML0425702412004-09-0707 September 2004
Catawba - NRC Staff Response to Intervenor'S Motion Requesting Access to Certain Classified Documents
ML0425303862004-08-31031 August 2004
Duke Energy Corporation'S Response to Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination on Classified Regulatory Guidance for NRC Category I Facilities
ML0424701652004-08-27027 August 2004
Duke Energy Corporation'S Request for Action Under Subpart I of 10 C.F.R. Part 2
ML0424402492004-08-26026 August 2004
Blue Ridge Environmental Defense League'S Request for Need-to-Know Determination
ML0421605462004-07-27027 July 2004
Duke Energy Corporation'S Motion to Modify December 15. 2003 Protective Order
ML0421003572004-07-20020 July 2004
Blue Ridge Environmental Defense League'S Opposition to NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition
ML0420301732004-07-19019 July 2004
Catawba - NRC Staff'S Motion for Leave to Reply to Bredl'S Opposition to NRC Staff'S Petition for Review Regarding Bredl'S Security Expert and NRC Staff'S Reply to Bredl'S Response to Staff'S Petition for Review
ML0419803032004-07-0808 July 2004
Duke Energy Corporation Motion to Compel Discovery Responses from Blue Ridge Environmental Defense League Relating to Security Contention 5
ML0419802952004-07-0808 July 2004
Letter from Diane Curran to Administrative Judges Enclosing Blue Ridge Environmental Defense League'S Motion to Compel Security-Related Discovery Responses by NRC Staff
ML0419003282004-07-0707 July 2004
Catawba - NRC Staff'S Motion to Compel Bredl to Respond to NRC Staff'S First Set of Discovery Requests on Security Contention 5
ML0418400042004-06-30030 June 2004
Catawba - NRC Staff'S Petition for Review of the Licensing Board'S Ruling Related to Bredl'S Proffered Security Expert
ML0418400022004-06-30030 June 2004
Catawba - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S June 25, 2004 Finding Regarding Dr. Edwin Lyman'S Expertise
ML0417503272004-05-21021 May 2004
Blue Ridge Environmental Defense League'S Motion for Leave to Withdraw Contention II and Request to Change Hearing Schedule for Contention I
ML0414004642004-05-11011 May 2004
Duke Energy Corporation'S Motion to Modify Protective Order
ML0411900812004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Proposed Hearing Schedule and Request for Reconsideration of Aslb'S Internal Deadline of August 2004 for Issuing a Decision in This Proceeding
ML0411900752004-04-19019 April 2004
Blue Ridge Environmental Defense League'S Motion for Clarification or Reconsideration April 8, 2004, Order
ML0411107922004-04-16016 April 2004
NRC Staff'S Motion to Compel Blue Ridge Environmental Defense League to Respond to NRC Staff'S First Set of Interrogatories and Request for Production of Documents
ML0410001092004-04-0202 April 2004
Duke Energy Corporation'S Motion for Protective Order
ML0409202502004-03-30030 March 2004
Nuclear Regulatory Commission Staff'S Response to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0409203312004-03-25025 March 2004
Blue Ridge Environmental Defense League'S Opposition to Duke Energy Corporation'S Motion to Dismiss Contention III
ML0408306822004-03-15015 March 2004
Duke Energy Corporation'S Motion to Dismiss Contention III
ML0405004752004-02-11011 February 2004
Certificate of Service for NRC Staff'S Petition for Review of the Licensing Board'S February 4, 2004 Order Relating to Bredl'S Request to Attend a Closed Meeting.
ML0405004672004-02-11011 February 2004
Affidavit of John A. Nakoski in Support of NRC Staff Request for Interlocutory Review
ML0404202532004-02-0303 February 2004
Blue Ridge Environmental Defense League'S Emergency Motion for Access to NRC Staff Meeting on February 6, 2004
ML0403604932004-02-0202 February 2004
Catawba -- NRC Staff'S Motion for Interlocutory Review of the Licensing Board'S January 29, 2004 Order Finding a Need-To-Know and Ordering NRC Staff to Provide Petitoner with Acess to Documents Containing Safeguards Information (Superceded)
ML0403604702004-01-30030 January 2004
Catawba MOX - NRC Staff'S Motions for Temporary Stay to Preserve the Status Quo and for Stay Pending Interlocutory Review of the Licensing Board'S January 29, 2004 Order Regarding Access to NRC Documents Containing Safeguards Information
2012-05-11
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Text
January 21, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA
) 50-414-OLA
)
(Catawba Nuclear Station )
Units 1 and 2) )
NRC STAFFS MOTION TO AMEND 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 Corporations September 15, 2003 Security Plan Submittal) (Protective Order). Pursuant to the Licensing Boards request, the NRC Staff herein requests that the Board issue an Addendum to the Protective Order adding an additional category of documents to the second paragraph of the Order1 in order to extend the Protective Order to cover the Official Use Only documents introduced into evidence during the hearing on January 11-14, 2005.
Accordingly, The NRC Staff requests that the Licensing Board issue an Addendum modifying the second paragraph of the Protective Order, as follows:
As used in this Protective Order and in the Nondisclosure Affidavit included as the Appendix to this order, Protected Information includes: (1 ) the September 15, 2003 Security Plan Submittal or any supplements or amendments thereto, including Requests for Additional Information (RAls) 1 Paragraph 2 of the Protective Order was previously amended by Order dated June 28, 2004. See Addendum Number 3 to the Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal (December 15, 2003) (June 28, 2004).
The Protective Order was last amended by Order dated August 13, 2004; Addendum Number 4 to the Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal (December 15, 2003) (August 13, 2004); Addendum Number 5 to the Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal (December 15, 2003) (September 27, 2004) .
orresponsestoRAlsrelatingtothatsubmittal;(2)anyinformationobtained,developed,orcreatedbyvirtueoftheseproceedings,in any form, that is not otherwise a matter of public record and that deals with or describes details of the Security Plan Submittal; (3) any document or information that relates to security planning and implementation at the Catawba Nuclear Station obtained, developed or created as part of discovery or litigation associated with any admitted security contention that is not otherwise a matter of public record; (4) the NRC documents requested by BREDL in its letter of August 13, 2004 to NRC Staff counsel, and contained on the list appended hereto and made a part hereof; and (5) any and all documents designated Official Use Only that were admitted into evidence or made a part of the record during the evidentiary hearing on this matter from January 11 to January 14, 2005.
Attached is a copy of Proposed Addendum 6 to the Protective Order. Counsel for BREDL and Duke have indicated that they have no objection to the amendment.
Respectfully submitted
/RA/
Susan L. Uttal Counsel for NRC Staff Dated in Rockville, Maryland This 21st day of January 2005.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA
) 50-414-OLA
)
(Catawba Nuclear Station ) ASLBP No.
Units 1 and 2) )
) January , 2005 ADDENDUM NUMBER 6 TO THE DECEMBER 15, 2003 PROTECTIVE ORDER GOVERNING DUKE ENERGY CORPORATIONS SEPTEMBER 15, 2003 SECURITY PLAN SUBMITTAL By agreement of the parties, the second paragraph of the December 15, 2003 Memorandum and Order (Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) is amended to state as follows:
As used in this Protective Order and in the Nondisclosure Affidavit included as the Appendix to this order, Protected Information includes: (1 ) the September 15, 2003 Security Plan Submittal or any supplements or amendments thereto, including Requests for Additional Information (RAls) orresponsestoRAlsrelatingtothatsubmittal;(2)anyinformationobtained,developed,orcreatedbyvirtueoftheseproceedings,in any form, that is not otherwise a matter of public record and that deals with or describes details of the Security Plan Submittal; (3) any document or information that relates to security planning and implementation at the Catawba Nuclear Station obtained, developed or created as part of discovery or litigation associated with any admitted security contention that is not otherwise a matter of public
record; (4) the NRC documents requested by BREDL in its letter of August 13, 2004 to NRC Staff counsel, and contained on the list appended hereto and made a part hereof; and (5) any and all documents designated Official Use Only that were admitted into evidence or made a part of the record during the evidentiary hearing on this matter from January 11 to January 14, 2005.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young Administrative Judge Rockville, Maryland January , 2005.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA
) 50-414-OLA
)
(Catawba Nuclear Station )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS MOTION TO AMEND DECEMBER 15, 2003 PROTECTIVE ORDER in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system: and by e-mail as indicated by a double asterisk (**), this day of January 2005.
Ann Marshall Young, Chair * ** Office of the Secretary * **
Administrative Judge ATTN: Docketing and Service Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555-0001 (E-mail: HEARINGDOCKET@nrc.gov)
(E-mail: AMY@nrc.gov)
Office of Commission Appellate Anthony J. Baratta * ** Adjudication*
Administrative Judge Mail Stop: O-16C1 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Atomic Safety and Licensing Board (E-mail: AJB5@nrc.gov) Adjudicatory File*
U.S. Nuclear Regulatory Commission Thomas S. Elleman ** Mail Stop: T-3F23 Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board 5207 Creedmoor Rd #101 Diane Curran, Esq. **
Raleigh, NC 27612 Harmon, Curran, Spielberg (E-mail: elleman@eos.ncsu.edu) & Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036 (E-mail: dcurran@harmoncurran.com)
Timika Shafeek-Horton, Esq.** David A. Repka, Esq. **
Lisa F. Vaughn, Esq ** Anne W. Cottingham, Esq. **
Legal Department Mark Wetterhahn, Esq. **
Mail Code - PB05E Winston & Strawn, L.L.P.
Duke Energy Corporation 1400 L Street, NW 426 S. Church Street (EC11X) Washington, DC 20005-3502 Charlotte, NC 28201-1006 (E-mail: drepka@winston.com (E-mail: lfVaughn@duke-energy.com acotting@winston.com tshafeek@duke-energy.com) mwetterhahn@winston.com)
/RA/
Susan L. Uttal Counsel for NRC Staff
