ML092470105

LB Protective Order

ML092470105
Person / Time
Site:	Indian Point
Issue date:	09/04/2009
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
07-858-03-LR-BD01, RAS E-283
Download: ML092470105 (18)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-0247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 September 4, 2009 Protective Order This Protective Order governs the disclosure and use in this proceeding of certain documents that applicant Entergy Nuclear Operations, Inc. (Entergy), or any other Participant in this proceeding, claims contain proprietary trade secrets and/or proprietary commercial or financial information.1 For purposes of this Protective Order, the term documents means any audio or video tape recording or written matter of any kind, whether produced, reproduced, or stored on paper, cards, tapes, ribbons, disks, belts, charts, film, computer files, computer disks or diskettes, computer storage devices, or any other medium, and includes, without limitation, books, reports, studies, statements, speeches, notebooks, calendars, working papers, manuals, 1 The provisions of this Protective Order do not restrict the use by U.S. Nuclear Regulatory Commission Staff counsel, witnesses, employees, consultants, and others representing the NRC Staff (NRC Staff) of documents containing protected material that NRC has received or may receive apart from its role as a litigant in this proceeding (e.g., documents containing information required to be submitted to NRC by statute, regulation, or license condition, or information submitted to, or acquired by, NRC in support of a requested licensing action or in fulfillment of its regulatory responsibilities). Instead, NRC Staff use and disclosure of such documents is governed by 10 C.F.R. §§ 2.390, 9.17, and 9.25, and NRC Management Directive 12.6, NRC Sensitive Unclassified Information Security Program. The provisions of this Protective Order apply to NRC counsel, witnesses, employees, consultants, and others representing the NRC Staff with respect to documents containing protected material that NRC receives solely pursuant to 10 C.F.R. § 2.336 and this Protective Order, except that such persons are not required to execute a Nondisclosure Agreement and Acknowledgement Form.

2 memoranda, notes, instructions, directions, records, correspondence, diaries, diagrams, drawings, lists, telephone logs, minutes, and photographs, and also includes, without limitation, originals, copies (with or without notes or changes thereon), and drafts. Pursuant to this Protective Order, counsel, witnesses, employees, members, officers, consultants, and others representing a party or interested governmental entity in this proceeding (all of whom are referred to herein, collectively, as Participants) shall be permitted access to proprietary documents held by another Participant in this proceeding (Initial Holders) otherwise required to be disclosed in accordance with 10 C.F.R. § 2.336(a) upon the conditions set forth herein.

Except as otherwise expressly set forth herein, this Protective Order shall remain in effect until specifically modified or terminated by the Atomic Safety and Licensing Board (Board) or the U.S. Nuclear Regulatory Commission (Commission).

Those persons who (1) are qualified pursuant to paragraph F of this Protective Order; and (2) have executed a Nondisclosure Agreement and Acknowledgment in the form included as Attachment A to this Protective Order, the terms of which are hereby incorporated herein, shall be permitted access to proprietary information that is subject to this Protective Order and relevant to an admitted contention in this proceeding under the following conditions:

A.

If the Initial Holder of proprietary information or its counsel has a good faith belief that a document or portion thereof contains information that qualifies as a trade secret and/or commercial or financial information that is privileged or confidential under 10 C.F.R.

§§ 2.390(a)(4) and (b)(4)(i)-(v), then the Initial Holder or its counsel may designate such document on its proprietary log as a proprietary document, and it shall be protected in accordance with the terms and conditions of this Protective Order. Such designation shall take place as follows: the Initial Holder shall (1) prominently mark with a conspicuous Contains

[insert owners name] Designated Proprietary Information label each proprietary document on the first page and on each other page of the document; and (2) on or before the later of (a) thirty (30) days after the date of this Protective Order, or (b) thirty (30) days after the date a

3 Participant requests a copy of the proprietary document, produce a copy of the document with the proprietary information unredacted by providing it to the duly authorized representatives of the Participant requesting the proprietary document (as defined in paragraph F below), provided each such representative has signed a Nondisclosure Agreement and Acknowledgment. Upon the request of NRC Staff counsel, the party claiming protected status for a Proprietary Document shall provide an unredacted copy of such document to NRC Staff counsel.

B.

Documents that are designated in accordance with paragraph A shall be held in strict confidence pursuant to 10 C.F.R. § 2.390(a)(4) and this Protective Order. This Protective Order, and the good faith representation and designation of documents as proprietary documents by the Initial Holder thereof, serves in lieu of the requirement for an affidavit under 10 C.F.R. § 2.390(b) and allows the NRC Staff to receive proprietary documents and to protect their confidentiality under the Freedom of Information Act. Nothing in this Protective Order shall be interpreted to prevent the NRC from discharging its obligation to release or retain documents in its possession and control in accordance with, and only to the extent required by, federal regulations or statute.

C.

Prior to presenting any dispute arising under this Protective Order to the Board, the parties to the dispute shall consult and endeavor to resolve such dispute, including, but not limited to, the use of redaction. The Board shall resolve any disputes arising under this Protective Order not previously resolved, including those relating to the public release of information in a proprietary document otherwise designated as subject to nondisclosure.

D.

Any Participant that objects to the designation of a document as proprietary shall provide a notice of objection to the Initial Holder stating the Participants objection, and specifying the portions of the document that should be disclosed. Any such objections shall be submitted no later than sixty (60) days before the first scheduled day of hearing. However, in no

4 case may an Intervenor submit such an objection with respect to a document that is not relevant to that Intervenors own admitted or adopted contention(s). Upon such objection, the parties shall have 20 days (the Consultation Period) to engage in good faith efforts to resolve the matter. The objecting party may file a motion with the Board within ten (10) days of the expiration of the consultation period, or earlier. The Initial Holder shall have the burden of showing that the applicable information in the proprietary document is a trade secret and/or commercial or financial information that is privileged or confidential so that the Board can determine, as applicable, whether, on balance, protection of the document from public disclosure is warranted under 10 C.F.R. § 2.390.

E.

If a Participant files a motion for disclosure under paragraph D above, pending a ruling by the Board, the proprietary document in question shall continue to be held in confidence. If the Board rules that a document does not qualify for the asserted protection, or that, on balance, the document should be disclosed without the restrictions of this Protective Order, then the unrestricted use of such documents may begin fifteen (15) days after the Boards decision. If, during such time, the party that asserted protected status of the document files an interlocutory appeal or request that the issue be certified to the Commission, such period of time shall be extended until such time as the Board or the Commission rules on the appeal or request for certification.

F.

Only individual counsel, consultants, witnesses, employees, members, officers, and others representing a Participant, listed in Attachment C who have executed the attached Nondisclosure Agreement and Acknowledgment, and other persons identified in Paragraph H, will be afforded access to proprietary information. Participants may have an additional or substitute person(s) necessary for the preparation of materials for this proceeding be authorized to receive proprietary documents. Participants must advise the Initial Holder by electronic mail of the names of any additional or substitute person(s) for whom access to proprietary

5 information is sought. The notification must certify that the individual to be authorized is either:

(a) legal counsel to a Participant; (b) an employee, member, officer, or representative of a Participant; or (c) a consultant, witness, or another individual whose review thereof is necessary for the preparation of materials for this proceeding. If the Initial Holder agrees to disclose to the additional or substitute designee, the Initial Holder will so notify the Participant, and the individual must execute and serve the attached Nondisclosure Agreement and Acknowledgment prior to receipt of proprietary information. If the Initial Holder declines to disclose to the applicable designee, then the Participant may seek approval from the Board by filing a motion stating that such agreement was sought and declined, and the basis for its belief that such information should be disclosed to the proposed designee. The Initial Holder may challenge such a motion within ten (10) days of receipt of the Participants filing and the Board will determine the designation of such additional or substitute recipients by further order. Only after the approval of the requested designation by the Board and the individuals execution and filing of the attached Nondisclosure Agreement and Acknowledgment, may such person(s) be granted access to any proprietary information.

G.

Each executed Nondisclosure Agreement and Acknowledgment shall be filed with the Board and served on the other Participants. This service on the Participants shall be accomplished solely through the use of electronic mail.

H.

A proprietary document disclosed pursuant to this Protective Order shall only be used as necessary for the conduct of this proceeding and any further Commission or judicial proceedings in this matter, by approved designees. A proprietary document subject to this Protective Order shall not be disclosed in any manner to any person except (1) the Commission, the Office of the Secretary, the Board and their respective staffs; (2) the NRC Staff, its counsel, and contractors or consultants employed by the U.S. government, and (3) those persons engaged in the conduct of this proceeding who have executed a Nondisclosure Agreement and

6 Acknowledgment. An individual with access to proprietary documents may make copies of and take notes on the confidential information contained in the documents, but such copies and notes become proprietary documents subject to the terms of this Protective Order.

I.

Counsel, consultants, witnesses, employees, members, officers, and others representing a Participant who receive documents subject to the terms of this Protective Order shall maintain the confidentiality of the information contained therein as required in the attached Nondisclosure Agreement and Acknowledgment, the terms of which are incorporated herein.

Even if no longer engaged in this proceeding, every person who has executed a Nondisclosure Agreement and Acknowledgment shall continue to be bound by the provisions of this Protective Order and the attached Nondisclosure Agreement and Acknowledgment.

J.

Counsel and others representing a Participant shall take all precautions necessary to assure that proprietary documents and proprietary information are not distributed to unauthorized persons. Counsel and others representing a Participant are responsible for ensuring that persons under their supervision or control comply with this Protective Order.

K.

All pleadings, issuances, testimony, exhibits, and correspondence in this proceeding that contain proprietary information shall be treated as confidential, marked in accordance with paragraph A above, and, if served, shall:

1.

Be served by electronic mail, with an additional paper copy served by U.S. first class, registered, express, or certified mail, internal NRC mail, messenger-courier, or overnight delivery service in a sealed envelope;

2.

Include an attached cover sheet bearing prominent markings indicating the attached document contains Confidential Proprietary Information Subject to Nondisclosure Agreement, and a cover letter that describes the contents of the pleading or correspondence without reference to such information, and, in the subject line of the electronic filing e-mail, a statement that the electronic filing contains proprietary information; and

3.

Be served only on the individual members of this Board and its law clerks, the Office of the Secretary, counsel for the Initial Holder, and

7 representatives of Participants that are authorized to receive such information pursuant to this Protective Order.

L.

At any hearing or conference in this proceeding in which a statement is made by a representative of a Participant, or a witness is questioned, concerning a proprietary document or information contained therein, the statement or testimony shall be given in camera or under other suitable conditions as the Board may establish, and the record of that portion of the hearing and any transcript thereof, shall be withheld from distribution to the public and may only be distributed to persons who are authorized to receive such information pursuant to this Protective Order. It shall be the duty of the presenting Participant to notify the Board and the Initial Holder that such testimony or statement will contain proprietary information, prior to the testimony or statement being made.

M.

Proprietary documents shall remain available for the purposes of this proceeding until the date that an order terminating this proceeding is no longer subject to judicial review (the Proceeding Termination Date). The Participants shall, within forty-five (45) days of the Proceeding Termination Date, return all proprietary documents in their possession, or in the possession of their counsel, consultants, employees, members, officers, and agents, to the Initial Holders counsel or shall destroy that material, except that copies of filings, issuances, transcripts, and exhibits in this proceeding that contain such information and notes taken by persons reviewing proprietary material, may be retained if they are maintained in a secure place such that no distribution or disclosure of the information to unauthorized individuals will occur.

Within such time period, each Participant receiving proprietary documents under this Protective Order shall submit to the Initial Holders counsel an affidavit stating that, to the best of his/her knowledge, all proprietary documents have been returned or destroyed, or, in the case of filings, issuances, transcripts, exhibits, or notes in this proceeding, that such documents will be maintained in a secure place such that no distribution or disclosure of the information to unauthorized individuals will occur. To the extent that such filings, issuances, transcripts,

8 exhibits, and notes are not returned or destroyed, they shall remain subject to the provisions of this Protective Order.

N.

Counsel, consultants, employees, members, officers, or any other individuals representing a Participant who have reason to believe that proprietary documents may have been lost or misplaced or may have otherwise become available to unauthorized persons during the pendency or following the completion of this proceeding shall notify the Board and the Initial Holders counsel promptly of such belief and the reasons for it.

O.

Any violation of the terms of this Protective Order or a Nondisclosure Agreement and Acknowledgment executed in furtherance of this Protective Order may result in the imposition of such sanctions as the Board may deem appropriate including, but not limited to, referral of the violation to appropriate bar associations and/or other disciplinary authorities.

P.

Nothing in this Protective Order precludes any Participant(s) in this proceeding from seeking changes in this Protective Order from the Board, the Commission, or a court as future circumstances warrant.

Q.

Nothing in this Protective Order shall be deemed to preclude any Participant from independently seeking, through discovery in any other administrative or judicial proceeding, any proprietary document or information produced in this proceeding under this Protective Order. In addition, if any document or information identified in this proceeding as proprietary comes into the possession of, or is known by any Participant independently of a proprietary document produced in this proceeding, and such knowledge was acquired without violation of law or other requirement applicable to such Participant directing the Participant to keep such information confidential, use of that document or information in this proceeding, without compliance with the terms of this Protective Order, shall not be a violation of the terms of this Protective Order. The Participant asserting independent knowledge of the contents of a proprietary document or

9 independent access to such a document shall have the burden of proving that such information was independently obtained if the Initial Holder asserts that disclosure of such information or document was a violation of this Protective Order.

R.

In addition, if a document designated as a proprietary document is ruled in another proceeding not to be proprietary or confidential, or if the Initial Holder discloses a document designated as a proprietary document in another action without such a designation, then any Participant objecting to the continued designation of such document as a proprietary document in this proceeding shall consult with the Initial Holder in accordance with paragraphs C and D of this Protective Order regarding whether such document should continue to be subject to the terms of this Protective Order. If counsel or others representing a Participant in this proceeding becomes aware that a document designated as a proprietary document in this proceeding is ruled by another Board, the Commission, or a court in another proceeding not to be proprietary or confidential, then that Participant shall inform all parties of that ruling.

S.

The Board may alter or amend this Protective Order as circumstances warrant at any time during the course of this proceeding.

T.

The additional provisions set forth in Appendix B apply to Participants receiving proprietary documents designated as containing Vendor Proprietary Information (i.e., documents containing information proprietary to vendors and contractors such as

10 Westinghouse Electric Company LLC and Enercon Services, Inc.) from any other Participant in this proceeding or its vendors or contractors.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD2 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland September 4, 2009 2 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for Riverkeeper, Inc.; (5) Manna Jo Green, the Representative for Clearwater; (6) Counsel for the State of Connecticut; (7) Counsel for Westchester County; (8) Counsel for the Town of Cortlandt; (9) Mayor Alfred J. Donahue, the Representative for the Village of Buchanan; and (10) Counsel for the New York City Economic Development Corporation.

/RA/

ATTACHMENT A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-0247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 NONDISCLOSURE AGREEMENT AND ACKNOWLEDGMENT Under penalty of perjury, I hereby agree and acknowledge that (i) access to proprietary documents, as that term is defined in the Atomic Safety and Licensing Boards Protective Order dated September 4, 2009, issued in Docket Nos. 50-247-LR and 50-286-LR (Protective Order), may be provided to me pursuant to the terms and restrictions of the Protective Order; (ii) I have been given a copy and have read the Protective Order; and (iii) I agree to be bound by the terms of the Protective Order. I understand and agree that proprietary documents, their contents, or any notes or other memoranda summarizing or otherwise describing their contents, or any form of information that derives from the proprietary documents and copies or discloses the contents of the proprietary documents, shall be held in strict confidence and shall not be disclosed to anyone except in accordance with that Protective Order, and shall be used only for purposes of this proceeding. I acknowledge that a violation of this Nondisclosure Agreement and Acknowledgment or the Protective Order, which incorporates the terms of this Nondisclosure Agreement and Acknowledgment, constitutes a violation of an order of the U.S.

Nuclear Regulatory Commission and may result in the imposition of such sanctions as the

2 Atomic Safety and Licensing Board or the U.S. Nuclear Regulatory Commission may deem to be appropriate. I also acknowledge that a violation of this Nondisclosure Agreement and Acknowledgment or the Protective Order shall entitle the Initial Holder or owner of the proprietary document(s) or proprietary information contained therein to seek immediate injunctive relief prohibiting such violation.

WHEREFORE, I do solemnly agree to protect such proprietary documents, and their contents, as may be disclosed to me in this proceeding, in accordance with the terms of the attached Protective Order and this Nondisclosure Agreement and Acknowledgment.

Name (printed): _____________________________________________________

Title:

Employed by or Representing: _________________________________________

Signature: _________________________________________________________

Executed on (date): __________________________________________________

ATTACHMENT B Additional Provisions Applicable to Vendor Proprietary Information A.

The following additional provisions apply to Participants receiving proprietary documents designated as containing Vendor Proprietary Information:

1.

The direct or indirect receipt and use of Vendor Proprietary Information by a Participant, as defined in the attached Protective Order, shall not be for the purpose of producing a product or service either by a Participant, its parent corporation, subsidiaries, officers, directors, contractors, consultants, counsel, witnesses, employees, or any other person, for transfer to third parties.

2.

Vendors make no warranty or representation whatsoever to Participants as to the sufficiency or accuracy of the Vendor Proprietary Information provided pursuant to this Protective Order.

3.

Vendors and their suppliers and subcontractors of any tier shall not be liable to Participants with respect to or resulting from the use (or the results of such use) or misuse by Participants or others of any Vendor Proprietary Information furnished pursuant to this Protective Order.

4.

Participants shall not, at any time, without the prior written approval of the appropriate vendor, file, cause or authorize the filing of any patent application in any country in respect of any invention derived from the Vendor Proprietary Information supplied pursuant to this Protective Order.

5.

Participants shall not disclose any Vendor Proprietary Information received in this proceeding, or any product of such Vendor Proprietary Information, directly or indirectly, without the prior written permission of the appropriate vendor, to any of the countries designated in the United States Government regulations as issued from time to time relating to the exportation of technical data, including any computer programs.

Participants shall fully comply with all regulations with regard to the Vendor Proprietary Information transmitted pursuant to this Protective Order.

ATTACHMENT C Individuals Approved to Receive Proprietary Documents Upon Execution of Nondisclosure Agreement and Acknowledgment Entergy Kathryn M. Sutton (Morgan, Lewis & Bockius LLP - Counsel for Entergy)

Paul M. Bessette (Morgan, Lewis & Bockius LLP - Counsel for Entergy)

Martin J. ONeill (Morgan, Lewis & Bockius LLP - Counsel for Entergy)

Jonathan M. Rund (Morgan, Lewis & Bockius LLP - Counsel for Entergy)

Esther Park (Morgan, Lewis & Bockius LLP - Counsel for Entergy)

William C. Dennis (Entergy Nuclear Operations, Inc. - Counsel for Entergy)

Edwin P. Villarico (Morgan, Lewis & Bockius LLP - Paralegal)

New York State Mylan Denerstein (Executive Deputy Attorney General - Counsel for New York State)

Katherine Kennedy (Special Deputy Attorney General - Counsel for New York State)

John Sipos (Special Deputy Attorney General - Counsel for New York State)

Janice Dean (Assistant Attorney General - Counsel for New York State)

Lisa Feiner (Assistant Attorney General - Counsel for New York State)

Anthony Roisman, Esq. (Counsel for New York State)

Paul Blanch (Expert witness for New York State)

Bruce Egan (Expert witness for New York State)

Richard Lahey (Expert witness for New York State)

David Schlissel (Expert witness for New York State)

Rudy Hausler (Expert witness for New York State)

Riverkeeper Phillip Musegaas (Hudson River Program Director, Riverkeeper, Inc. - Counsel for Riverkeeper)

Deborah Brancato (Staff Attorney, Riverkeeper, Inc. - Counsel for Riverkeeper)

Dr. Joram Hopenfeld (Expert witness for Riverkeeper)

Clearwater Manna Jo Greene (Clearwater Environmental Director - Representative for Clearwater)

Ross Gould (Clearwater Member - Representative for Clearwater)

Stephen Filler (Clearwater Director and Member - Representative for Clearwater)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

ENTERGY NUCLEAR OPERATIONS, INC.

)

Docket Nos. 50-247-LR

)

50-286-LR

)

(Indian Point Nuclear Generating Station,

)

Units 2 and 3)

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB PROTECTIVE ORDER have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission.

Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 Administrative Judge Lawrence G. McDade, Chair Administrative Judge Richard E. Wardwell Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.

Ridgway, CO 81432 Zachary S. Kahn, Law Clerk U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Sherwin E. Turk, Esq.

Beth N. Mizuno, Esq.

David E. Roth, Esq.

Brian Harris, Esq.

Andrea Z. Jones, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal

2 Docket Nos. 50-247-LR and 50-286-LR LB PROTECTIVE ORDER William C. Dennis, Esq.

Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Andrew M. Cuomo, Attorney General John J. Sipos, Assistant Attorney General Mylan L. Denerstein Deputy Assistant Attorney General Division of Social Justice Janice A. Dean Assistant Attorney General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 Kathryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Martin J. ONeill, Esq.

Mauri T. Lemoncelli, Esq.

Counsel for Entergy Nuclear Operation, Inc.

Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Joan Leary Matthews, Esq.

Senior Attorney for Special Projects New York State Department of Environmental Conservation 625 Broadway, 14th Floor Albany, New York 12233-5500 Michael J. Delaney Vice President, Energy Department New York City Economic Development Corporation (NYCEDC) 110 William Street New York, NY 10038 Robert D. Snook, Esq.

Office of The Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman New York Affordable Reliable Electricity Alliance (AREA) 347 Fifth Avenue, Suite 508 New York, NY 10016 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.

303 South Broadway, Suite 222 Tarrytown, NY 10591

Docket Nos. 50-247-LR and 50-286-LR LB PROTECTIVE ORDER 3

Daniel E ONeill, Mayor James Siermarco, M.S.

Liaison to Indian Point Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Manna Jo Greene, Environmental Director Hudson River Sloop Clearwater 112 Little Markey Street Poughkeepsie, NY 12601 Thomas F. Wood, Esq.

Town of Cortlandt Daniel Riesel, Esq.

Jessica Steinberg, J.D.

Counsel for the Town of Cortlandt Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 Nancy Burton, Esq.

Connecticut Residents Opposed to Relicensing of Indian Point (CRORIP) 147 Cross Highway Redding Ridge, CT 06876 Elise N. Zoli, Esq.

Goodwin Proctor, LLP Exchange Place 53 State Street Boston, MA 02109 Justin D. Pruyne Assistant County Attorney, Litigation Bureau Of Counsel to Charlene M. Indelicato, Esq.

Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 FUSE USA John LeKay Heather Ellsworth Burns-DeMelo Remy Chevalier Bill Thomas Belinda J. Jaques 351 Dyckman Street Peekskill, New York 10566 Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network, (CAN), et al Susan H. Shapiro, Esq.

21 Pearlman Drive Spring Valley, NY 10977 Philip Musegaas, Esq.

Deborah Brancato, Esq.

Riverkeeper, Inc.

828 South Broadway Tarrytown, NY 10591 Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523

4 Docket Nos. 50-247-LR and 50-286-LR LB PROTECTIVE ORDER Sarah L. Wagner, Esq.

Legislative Office Building, Room 422 Albany, NY 12248

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 4th day of September 2009