ML102430002
| ML102430002 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/31/2010 |
| From: | Repka D Pacific Gas & Electric Co, Winston & Strawn, LLP |
| To: | Abramson P, Karlin A, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01, RAS 18498 | |
| Download: ML102430002 (2) | |
Text
David A. Repka 202-282-5726 drepka@winston.com August 31, 2010 BY ELECTRONIC INFORMATION EXCHANGE Administrative Judge Alex S. Karlin Administrative Judge Nicholas G. Trikouros Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Mail Stop: T-3F23 Rockville, MD 20852 In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Power Plant, Units 1 and 2)
Docket Nos. 50-275-LR and 50-323-LR RE: Clarification of Agreement of the Parties Regarding Privilege Logs
Dear Administrative Judges:
In accordance with the direction of the Licensing Board during the conference call on scheduling issues held on August 24, 2010, this letter is to inform you of an agreement of the parties to clarify their agreement on mandatory disclosures previously submitted by the undersigned on August 10, 2010. Specifically, Pacific Gas and Electric Company (PG&E), San Luis Obispo Mothers for Peace, and the NRC Staff have agreed to modify Paragraph 5 of the stipulation as discussed below. All other provisions of the agreement are not modified.
The discussion on the conference call with the Licensing Board involved the intent of the parties regarding sensitive, unclassified security information commonly referred to as SUNSI. This information does not rise to the level of Safeguards Information (SGI) under NRC regulations and practice.1 Rather, it is commonly treated as a form of commercial or financial (i.e., proprietary information). See, e.g., 10 C.F.R. 2.390 (d)(1). Based on further discussion among the parties, Paragraph 5 of the stipulation is stricken and replaced with the following:
1 See generally SECY-04-0191, Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure, October 19, 2004.
Atomic Safety and Licensing Board Panel August 31, 2010 Page 2
- 5.
(a)
The parties have agreed to waive the requirements in 10 C.F.R.
§§ 2.336(a)(3) and 2.336(b)(5) to produce a privilege log identifying documents subject to the attorney-client communication, attorney work product, and deliberative process privileges.
(b)
The parties have agreed that they will still produce, as part of their mandatory disclosures, privilege logs covering any documents claimed to qualify for protected status as security-related information and/or as proprietary information. See, e.g., 10 C.F.R. §§ 2.390(a)(1), (3), and (4); 2.390(d)(1).
This modified stipulation is consistent with the approach taken in Section II.A.2 of the Initial Scheduling Order in the Levy Combined Operating License Application matter. See Progress Energy Florida, Inc. (Levy County Nuclear Power Plant, Units 1 and 2), LBP-09-22, slip op. at 4-5 (Aug. 27, 2009). The parties agree that further discussion of the scope of the privileges addressed in Paragraph 5 above is premature. That issue can be addressed in the context of any specific claim of privilege that is disputed, should that circumstance arise.
Counsel for San Luis Obispo Mothers for Peace and the NRC Staff have authorized the undersigned counsel for PG&E to submit this agreement on behalf of the parties.
Sincerely,
/s/ signed electronically by David A. Repka Counsel for Pacific Gas and Electric Company cc:
EIE Service List DC:651734.2