ML050250249
| ML050250249 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 01/21/2005 |
| From: | Uttal S NRC/OGC |
| To: | Anthony Baratta, Elleman T, Austin Young Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 9198 | |
| Download: ML050250249 (6) | |
Text
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).
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) or responses to RAls relating to that submittal; (2) any information obtained, developed, or created by virtue of these proceedings, 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) or responses to RAls relating to that submittal; (2) any information obtained, developed, or created by virtue of these proceedings, 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 * **
Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AMY@nrc.gov)
Anthony J. Baratta * **
Administrative Judge Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: AJB5@nrc.gov)
Thomas S. Elleman **
Administrative Judge Atomic Safety and Licensing Board 5207 Creedmoor Rd #101 Raleigh, NC 27612 (E-mail: elleman@eos.ncsu.edu)
Office of the Secretary * **
ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555 (E-mail: HEARINGDOCKET@nrc.gov)
Office of Commission Appellate Adjudication*
Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Adjudicatory File*
U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555 Diane Curran, Esq. **
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036 (E-mail: dcurran@harmoncurran.com)
Timika Shafeek-Horton, Esq.**
Lisa F. Vaughn, Esq **
Legal Department Mail Code - PB05E Duke Energy Corporation 426 S. Church Street (EC11X)
Charlotte, NC 28201-1006 (E-mail: lfVaughn@duke-energy.com tshafeek@duke-energy.com)
David A. Repka, Esq. **
Anne W. Cottingham, Esq. **
Mark Wetterhahn, Esq. **
Winston & Strawn, L.L.P.
1400 L Street, NW Washington, DC 20005-3502 (E-mail: drepka@winston.com acotting@winston.com mwetterhahn@winston.com)
/RA/
Susan L. Uttal Counsel for NRC Staff