ML061500008

Dale L. Miller/Steven P. Moffitt - Letter from Counsel for NRC Staff to Jane G. Penny in Response to May 15, 2006 Fax

ML061500008
Person / Time
Site:	Davis Besse
Issue date:	05/26/2006
From:	Baty M, Brock S NRC/OGC
To:	Penny J Killian & Gephart, LLP
Giitter R
References
ASLBP 06-846-02, ASLBP 06-847-03, IA-05-053, IA-05-054, RAS 11698
Download: ML061500008 (2)

Text

May 26, 2006 Jane G. Penny, Esquire Killian & Gephart, LLP 218 E. Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 In the Matters of DALE L. MILLER Docket No. IA-05-053, ASLBP No. 06-846-02 STEVEN P. MOFFITT Docket No. IA-05-054, ASLBP No. 06-847-03

Dear Ms. Penny,

We have reviewed your fax of May 15, 2006 regarding documents missing from our April 25, 2006 mandatory disclosures. In response to your fax, we have reviewed our index and privilege logs and checked our boxes containing the originals of the hard copies we sent to you on April 25. Most of the gaps in bates numbering you identified either correspond to documents on one of our privilege logs or documents exempt from disclosure (irrelevant). We identified nine documents that should have been included in our initial production but were inadvertently left out of the production. Copies of five of those documents are enclosed. We are continuing to search for the following four documents:

Bates Begin Bates End Full Name 08156 08182 Email with 13RFO Presentation-Redacted 08183 08183 Budget for Head Repairs 08184 08191 FENOC Internal Budget Funding Request-Redacted 08192 08195 FENOC Budget Info-CRDM-Redacted As soon was we located these four documents will forward them to you.

We apologize for the error you identified in the first CD. In researching the problem we became concerned that there may be similar problems in the other CDs. In light of this concern, we have enclosed a new set of CDs (CDs 1 through 11). We asked that you return all of the CDs we sent on April 25.

Also in researching the problem with the CDs, we discovered a few (10) documents which had inadvertently not be included in our disclosure. We are filing a supplemental production of these documents.

Ms. Penny May 26, 2006 In addition, a few points of clarification may assist you in reviewing the documents:

• Documents produced in hard copy as wells as documents produced on compact disk were stamped with bates numbers before they were reviewed for relevance or privilege. Thus, it is to be expected that are gaps in the bates numbers.

• The documents listed below are missing pages. The missing page should appear on the same CD immediately following the document to which they belong.

Bates Begin Missing Page NRC005-1902 NRC005-1904 NRC005-2931 NRC005-3110 NRC011-2494 NRC011-2500 NRC023-2473 NRC005-2479 NRC023-2765 NRC023-2785 NRC025-0594 (009982TIF) NRC25-0595 (009983TIF)

• The letter A following a bates number, e.g., 03707A, indicates that the document contains redactions. The document will be listed on the appropriate privilege log without the A following the bates number.

If you are unable to locate documents we believe are in the box, we will recopy the box and mail it to you.

Sincerely,

/RA by Mary C. Baty/

Sara E. Brock Mary C. Baty Counsel for NRC Staff

Enclosures:

As Stated