ML11146A077

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Ltr to ASLB Frm S. Turk
ML11146A077
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 05/25/2011
From: Sherwin Turk
NRC/OGC
To: Lathrop K, Lawrence Mcdade, Richard Wardwell
Atomic Safety and Licensing Board Panel
Turk S
References
50-247-LR, 50-286-LR
Download: ML11146A077 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25,2011 Lawrence G. McDade, Chair Dr. Kaye D. Lathrop Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 190 Cedar Lane E.

Mail Stop: T -3 F23 Ridgway, CO 81432 Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T -3 F23 Washington, D.C. 20555 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Unit Nos. 2 and 3)

Docket Nos. 50-247-LR/286-LR

Dear Administrative Judges:

In accordance with my letter of May 20, 2011, following the prehearing teleconference of May 19, 2011, I discussed with Counsel for the State of New York ("State") the documents which the NRC Staff ("Staff') is willing to produce in response to the State's motion to compel

("Motion"), dated April 22, 2011.

I am pleased to report to the Atomic Safety and Licensing Board ("Board") that the Staff and the State have reached agreement on this matter. Specifically, the Staff has agreed to produce the following documents in response to the State's Motion:

From Appendix A:

DPP-010-009 DPP-018-005-except the discussion on pages 15-16, regarding potential work to prepare for hearings ("Follow On Approach")

DPP-26-012 DPP-27-018 From Appendix C:

NIA-050

Judge McDade May 25,2011 Judge Lathrop Judge Wardwell From Appendix C-1:

NIA-075 NIA-091 NIA-076 NIA-092 NIA-077 NIA-093 NIA-078 NIA-094 NIA-079 NIA-095 NIA-080 NIA-096 NIA-081 NIA-097 NIA-082 NIA-098 NIA-083 NIA-099 NIA-084 NIA-100 NIA-085 NIA-101 NIA-086 NIA-102 NIA-087 NIA-103 NIA-088 NIA-105 NIA-089 NIA-107 NIA-090 In accordance with this agreement, I have agreed to transmit to the State a CD containing electronic copies of these documents. As I stated during the prehearing teleconference, in producing these documents, the Staff does not waive any privilege(s) which it has previously asserted with respect to the disclosure of these or any other documents. Nonetheless, in order to facilitate the parties' use of these documents in the preparation of testimony and at hearing, the Staff will consider making these documents publicly available and will report its decision on this matter shortly.

Counsel for the State has authorized me to represent that the Staffs production of the above listed documents resolves the substantive issues that were raised in its Motion, such that the Motion may be dismissed upon the Staffs production of those documents. The State, however, reserves its right to challenge any privilege deSignations which the Staff may assert over the produced documents that may result in their restricted use in testimony or at hearing.

Sincerely,

"~~~

Sherwin E. Turk ~

Counsel for NRC Staff cc: Service List