ML11306A125

Letter to Janice A. Dean Esq Concerning the Agreement Reached by NRC Staff and the State of New York Regarding a Motion to Compel Production of Documents Dated April 22, 2011

ML11306A125
Person / Time
Site:	Indian Point
Issue date:	11/02/2011
From:	Sherwin Turk NRC/OGC
To:	Jeremy Dean State of NY, Office of the Attorney General
SECY RAS
References
RAS 21357, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML11306A125 (1)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 November 2, 2011 Janice A Dean Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, New York 10271 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 Ms. Dean:

By letter dated May 25,2011, I sent you a CD containing electronic copies of various NRC Staff

("Staff') documents, in accordance with the agreement reached by the Staff and the State of New York ("New York"), concerning your motion to compel the production of documents dated April 22, 2011. As I stated in that letter, in producing those documents, the Staff did not waive any privileges it had asserted with respect to the disclosure of those or any other documents. I further stated, nonetheless, that "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."

The Staff has reviewed the documents it produced on May 25,2011, and has determined to waive the deliberative process privilege it had asserted with respect to the disclosure of those documents in order to facilitate the use of the documents at hearing by the Atomic Safety and Licensing Board and parties in this proceeding. Accordingly, the documents have now been released to the public, as shown in Supplement 33 to the Staffs hearing file/mandatory disclosures filed on October 31, 2011. A list of the subject documents with their corresponding Hearing File Supplement 33 and ADAMS identification numbers is provided in the Attachment hereto. Please note that in agreeing to make these documents publicly available, the Staff does not waive any privileges it may have concerning the disclosure of any other documents.

Thank you for your cooperation in this matter. With best wishes, Sincerely, Sherwin E. Turk Special Counsel for Litigation cc w/EncL: Service List