ML15293A033
| ML15293A033 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/20/2015 |
| From: | State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML15293A030 | List: |
| References | |
| RAS 28407, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR | |
| Download: ML15293A033 (3) | |
Text
E-mail from John J. Sipos to Paul M. Bessette and Raphael Philip Kuyler August 31, 2015, 6:31 PM ATTACHMENT 14 to NYS DECLARATION
1 Mihir Desai From:
John J. Sipos Sent:
Monday, August 31, 2015 6:31 PM To:
'Bessette, Paul M.'; Kuyler, Raphael Philip Cc:
Lisa M. Burianek; Brian Lusignan; Mihir Desai; Teresa Manzi;
'dbrancato@riverkeeper.org'
Subject:
Entergy's August Non-Public Filings Hello Paul and Ray:
In reviewing the August 10 submissions by Entergy, the State has noticed that Entergy did not file public redacted versions of its pre-filed testimony or statements of position. The State believes that this across-the-board designation is contrary to the Atomic Safety and Licensing Boards September 2009 Protective Order, which provides for partial redaction of documents that contain both public (i.e., non-proprietary) information as well as information that the Initial Holder asserts is proprietary. Instead of filing partially-redacted filings, Entergy has filed only proprietary versions of its testimony which, in effect, renders the entire document non-public. Entergy has thus transformed information that is not protected by the Order (i.e., public information) into information that is included within the scope of the Protective Order.
The State is concerned that Entergys across-the-board designation negatively impacts the proceeding and ultimate evidentiary hearing in several ways. First, at present, the public has no ability to review the substantial amount of public information that is contained in Entergys testimony. Second, given the broad use of proprietary designations that encompasses non-proprietary and public information, the State is not clear how any meaningful public hearing can be held on the Track 2 contentions. Third, the across-the-board designation of all of Entergys testimony as constituting proprietary information, impedes the States preparation of responsive submissions in accordance with the Protective Order and could cause an unnecessary expansion of redactions in the States upcoming filings. Such an unnecessary spill over effect would also impede the publics ability to review the States filings.
In the hopes of resolving this issue and in facilitating an open and public hearing on non-proprietary matters, the State asks that Entergy prepare and file redacted, public versions of its and pre-filed testimony and statements. Please let us know Entergys response. Thank you.
Best regards, John
John Sipos Assistant Attorney General tel. 518-776-2380
2
E-mail from John J. Sipos to Paul M. Bessette and Raphael Philip Kuyler August 31, 2015, 6:31 PM ATTACHMENT 14 to NYS DECLARATION
1 Mihir Desai From:
John J. Sipos Sent:
Monday, August 31, 2015 6:31 PM To:
'Bessette, Paul M.'; Kuyler, Raphael Philip Cc:
Lisa M. Burianek; Brian Lusignan; Mihir Desai; Teresa Manzi;
'dbrancato@riverkeeper.org'
Subject:
Entergy's August Non-Public Filings Hello Paul and Ray:
In reviewing the August 10 submissions by Entergy, the State has noticed that Entergy did not file public redacted versions of its pre-filed testimony or statements of position. The State believes that this across-the-board designation is contrary to the Atomic Safety and Licensing Boards September 2009 Protective Order, which provides for partial redaction of documents that contain both public (i.e., non-proprietary) information as well as information that the Initial Holder asserts is proprietary. Instead of filing partially-redacted filings, Entergy has filed only proprietary versions of its testimony which, in effect, renders the entire document non-public. Entergy has thus transformed information that is not protected by the Order (i.e., public information) into information that is included within the scope of the Protective Order.
The State is concerned that Entergys across-the-board designation negatively impacts the proceeding and ultimate evidentiary hearing in several ways. First, at present, the public has no ability to review the substantial amount of public information that is contained in Entergys testimony. Second, given the broad use of proprietary designations that encompasses non-proprietary and public information, the State is not clear how any meaningful public hearing can be held on the Track 2 contentions. Third, the across-the-board designation of all of Entergys testimony as constituting proprietary information, impedes the States preparation of responsive submissions in accordance with the Protective Order and could cause an unnecessary expansion of redactions in the States upcoming filings. Such an unnecessary spill over effect would also impede the publics ability to review the States filings.
In the hopes of resolving this issue and in facilitating an open and public hearing on non-proprietary matters, the State asks that Entergy prepare and file redacted, public versions of its and pre-filed testimony and statements. Please let us know Entergys response. Thank you.
Best regards, John
John Sipos Assistant Attorney General tel. 518-776-2380
2