ML14129A453
| ML14129A453 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 05/09/2014 |
| From: | Jeremy Wachutka NRC/OGC |
| To: | Hawkens E Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 25924 | |
| Download: ML14129A453 (3) | |
Text
May 9, 2014 E. Roy Hawkens, Presiding Officer Chief Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-001 In the Matter of Aerotest Operations, Inc.
(Aerotest Radiography and Research Reactor)
Docket No. 50-228-LT
Dear Judge Hawkens:
Pursuant to 10 C.F.R. §§ 2.1303, 2.1316, and 2.336 and the joint proposed schedule of the parties, Aerotest Operations, Inc. (Aerotest) and Nuclear Labyrinth, LLC (collectively the Companies) and the U.S. Nuclear Regulatory Commission (NRC) staff (Staff),1 the Staff is providing notification that a hearing file has been created for this proceeding. The hearing file includes materials required pursuant to 10 C.F.R. § 2.1303, as well as the Staffs mandatory disclosures produced pursuant to 10 C.F.R. § 2.336(b) and (c). Materials in the hearing file may be accessed through the Agencywide Documents Access and Management System (ADAMS).
An index containing the ADAMS accession number, date, and title or description of each item in the hearing file is appended hereto as Attachment 1.
On or about May 19, 2014, the hearing file will be made available via the Electronic Hearing Docket (EHD), which may be accessed at http://adams.nrc.gov/ehd/. The hearing file will be contained in a hearing file sub-folder in the Aerotest Operations, Inc. 50-228-LT folder of the EHD.
The regulations at 10 C.F.R. § 2.336(b)(5) require disclosure of a list of all otherwise-discoverable documents for which a claim of privilege or protected status is being made. The parties in their joint proposed schedule agreed to waive this requirement. Therefore, the Staff is not producing a log identifying documents withheld under an applicable privilege nor filing declarations formally invoking the applicable privilege. However, the Staff has appended hereto as Attachment 2 a log of all of the documents not included in the hearing file because of their inclusion of proprietary or financial information. Since these documents contain the financial 1
Letter from Susan L. Uttal, Counsel for NRC Staff, to E. Roy Hawkens, Chief Administrative Judge, RE: Joint Proposed Schedule (May 5, 2014); Letter from Susan L. Uttal, Counsel for NRC Staff, to E. Roy Hawkens, Chief Administrative Judge, RE: Addendum to Joint Proposed Schedule (May 7, 2014).
Judge Hawkens May 9, 2014 information of the Companies though, the Staff will provide them separately to the Companies upon the Companies request.
Further, pursuant to 10 C.F.R. § 2.336(c), the Staff submits the Affidavit of Alexander Adams Jr., certifying that all potentially relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete for documents identified as of May 8, 2014 (Attachment 3). The Staff also disclosed documents regarding the Companies claim that the Staff compelled Aerotest to shut down the ARRR2 even though the Staff contends that this claim is not relevant to the Staffs denial of the Companies license transfer application.3 The NRC Staff notes that it has made a good faith effort to identify and characterize all documents meeting the criteria of 10 C.F.R. § 2.336(b) in this proceeding, while excluding those documents for which there is a claim of privilege or protected status, based on the information and documentation reasonably available to it. In identifying these documents, the Staff does not concede their relevance to the issues to be decided in this proceeding.
Sincerely,
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O15-D21 Washington, DC 20555 Telephone: (301) 415-1571 E-mail: Jeremy.Wachutka@nrc.gov
Enclosures:
Attachment 1: Hearing File Index Attachment 2: Privilege Log - Proprietary or Sensitive Information Attachment 3: Affidavit of Alexander Adams Jr.
2 Aerotest Operations, Inc. and Nuclear Labyrinth, LLCs Statement of Areas of Controversy Regarding Denial of Indirect License Transfer of Aerotest Radiography and Research Reactor, at 4 (Apr.
22, 2014).
3 See NRC Staff Response to Aerotest Operations, Inc. and Nuclear Labyrinth, LLCs Statement of Areas of Controversy Regarding Denial of Indirect License Transfer of Aerotest Radiography and Research Reactor (May 9, 2014).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
AEROTEST OPERATIONS, INC. ) Docket No. 50-228-LT
)
(Aerotest Radiography and Research Reactor) )
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the foregoing letter from Jeremy L.
Wachutka to Judge Hawkens dated May 9, 2014 and its attachments have been served upon the Electronic Information Exchange, the NRCs E-Filing System, in the above-captioned proceeding, this 9th day of May, 2014.
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O15-D21 Washington, DC 20555 Telephone: (301) 415-1571 E-mail: Jeremy.Wachutka@nrc.gov Dated at Rockville, Maryland this 9th day of May, 2014