ML062960345

LB Order Granting Joint Motion on Privilege Log and Disclosure

ML062960345
Person / Time
Site:	Vermont Yankee
Issue date:	10/20/2006
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271-LR, ASLBP 06-849-03-LR, RAS 12403
Download: ML062960345 (3)

Text

October 20,2006 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION October 20,2006 (1:44pm)

Before the Atomic Safetv and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of ) ADJUDICATIONS STAFF

)

Entergy Nuclear Vermont Yankee, LLC ) ~ ~NO. 50-27

~ 1-LR k ~ SERVED t October 20v 2006 and Entergy Nuclear Operations, Inc. 1 ASLBP No. 06-849-03-LR

)

(Vermont Yankee Nuclear Power Station) )

JOINT MOTION ON PRIVILEGE LOG AND DISCLOSURE Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., the Vermont Department of Public Service, the New England Coalition, Inc., and the NRC Staff (the "Parties") have agreed and move that the privilege logs required by 10 C.F.R. $ 2.336(a)(3) and (b)(5) to be provided by the Parties in this proceeding need not include (1) communications that originated from counsel to the client, or from the client to counsel, when no outside person was included, or (2) documents as to which the attorney work-product privilege is asserted when the documents are authored by counsel. If the documents were not authored by counsel and the work-product privilege is claimed, the material should appear on the privilege log as required by 10 C.F.R. $5 2.336(a)(3) and (b)(5). In entering this stipulation, the New England Coalition does not concede the deliberative process privilege and reserves any ability to seek such documents.

The Parties have also agreed and move that the disclosures required by 10 C.F.R. $

2.336(a)(2) and (b) need not include pleadings or communications that have already been

- ' ' y GRANTED For the Atomic Safety and Licensing Board

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ENTERGY NUCLEAR OPERATIONS, INC. 1 Docket No. 50-271-LR (Vermont Yankee Nuclear Power Station) 1 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING JOINT MOTION ON PRlVlLEDGE LOG AND DISCLOSURE) have been served upon the following persons by U.S.

mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard E. Wardwell Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #I01 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Mitzi A. Young, Esq. Ronald A. Shems, Esq.

Steven C. Hamrick, Esq. Karen Tyler, Esq.

Office of the General Counsel Shems Dunkiel Kassel & Saunders, PLLC Mail Stop 15 D21 91 College Street U.S. Nuclear Regulatory Commission Burlington, VT 05401 Washington, DC 20555-0001

Docket No. 50-271-LR LB ORDER (GRANTING JOINT MOTION ON PRlVlLEDGE LOG AND Sarah Hofmann, Esq. Anthony Z. Roisman, Esq.

Director for Public Advocacy National Legal Scholars Law Firm Department of Public Service 84 East Thetford Rd.

112 State Street - Drawer 20 Lyme, NH 03768 Montpelier, VT 05620-2601 Matthew Brock, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon, Curran, Spielberg, Office of the Massachusetts Attorney General & Eisenberg, L.L.P.

Environmental Protection Division 1726 M Street, NW, Suite 600 One Ashburton Place, Room 1813 Washington, DC 20036 Boston, MA 02108-1598 Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Town of Marlboro P.O. Box 30 SelectBoard Marlboro, VT 05344 P.O. Box 518 Marlboro, VT 05344 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Office of t@ secretah of the dmmission Dated at Rockville, Maryland, this 20thday of October 2006