ML15348A437
| ML15348A437 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/10/2015 |
| From: | Kwong L State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML15348A433 | List: |
| References | |
| RAS 28663, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR | |
| Download: ML15348A437 (3) | |
Text
DECEMBER 10, 2015 LETTER FROM L KWONG TO BESSETTE AND TURK REGARDING PROPOSED REDACTIONS ATTACHMENT 3 to NYS DECLARATION
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU December 10, 2015 Via UPS Overnight Paul M. Bessette, Esq. Sherwin E. Turk, Esq.
Morgan, Lewis & Bockius Office of the General Counsel 1111 Pennsylvania Avenue, N.W. U.S. Nuclear Regulatory Commission Washington, D.C. 20004 One White Flint North, Mail Stop: O-15 D21 11555 Rockville Pike Rockville, MD 20852-2738 Re: Indian Point License Renewal, Docket Nos. 50-247-LR and 50-286-LR (ASLBP No.07-858-03-LR-BD01)
Dear Paul and Sherwin:
As you know, the State continues to have serious concerns about the over-broad designation by Entergy and Westinghouse of certain documents as containing proprietary and/or confidential business information. In its prior briefing on the issue, and during the hearing, the State raised the use of redaction as a potential means to identify and protect truly proprietary information from disclosure while ensuring public access to information not entitled to protection. In an effort to resolve the States objection, the Board suggested at the hearing that the State submit proposed redactions for Entergy and Westinghouses initial consideration, and if the parties could not agree, then to submit the proposed redactions to the Board. See Hearing Transcript, November 16, 2015, pages 4999-5001.
Accordingly, the State has prepared the enclosed, password-protected CD containing copies of 20 exhibits individually marked with the States proposed redactions. The exhibits on the CD are organized in three distinct groupings: (1) four documents subject to the States March 19, 2015 Objection and April 22, 2015 Motion; (2) ten documents subject to the September 17, 2015 Objection and October 19, 2015 Motion; and (3) six documents subject to the November 12, 2015 Objection.
The State offers the proposed redactions in the spirit of cooperation. As to the documents in the States first two groupings, as set forth above, the State offers the proposed redactions to reach a mutual resolution among the parties, in accordance with the framework provided by the Board and to avoid further briefing and litigation. As to the documents in the States third grouping, the State offers the proposed redactions as part of the consultation process and to avoid the need for further briefing and litigation on this issue.
THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 776-2400 FAX (518) 650-9363 WWW.AG.NY.GOV
The States proposed redactions are not in any way an admission as to the scope of its objections to Entergy and Westinghouses designation of any of these 20 documents, or whether information identified for redaction is proprietary as a matter of law. The State reserves its right to pursue public disclosure of all or parts of each of these 20 documents depending on Entergy, Westinghouse, Staff, and Riverkeepers position.
We are hopeful that the parties can arrive at a pathway forward to enable public disclosure of vital information while affording proper protection for truly proprietary information. If, however, the parties cannot agree on appropriate redactions, the State intends to pursue its full range of options, including submission of the proposed redactions to the Board for its review.
Thank you for your consideration. I look forward to your response.
Sincerely, Lisa S. Kwong Assistant Attorney General (518) 776-2422 cc: Deborah Brancato, Esq., Riverkeeper 2
DECEMBER 10, 2015 LETTER FROM L KWONG TO BESSETTE AND TURK REGARDING PROPOSED REDACTIONS ATTACHMENT 3 to NYS DECLARATION
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU December 10, 2015 Via UPS Overnight Paul M. Bessette, Esq. Sherwin E. Turk, Esq.
Morgan, Lewis & Bockius Office of the General Counsel 1111 Pennsylvania Avenue, N.W. U.S. Nuclear Regulatory Commission Washington, D.C. 20004 One White Flint North, Mail Stop: O-15 D21 11555 Rockville Pike Rockville, MD 20852-2738 Re: Indian Point License Renewal, Docket Nos. 50-247-LR and 50-286-LR (ASLBP No.07-858-03-LR-BD01)
Dear Paul and Sherwin:
As you know, the State continues to have serious concerns about the over-broad designation by Entergy and Westinghouse of certain documents as containing proprietary and/or confidential business information. In its prior briefing on the issue, and during the hearing, the State raised the use of redaction as a potential means to identify and protect truly proprietary information from disclosure while ensuring public access to information not entitled to protection. In an effort to resolve the States objection, the Board suggested at the hearing that the State submit proposed redactions for Entergy and Westinghouses initial consideration, and if the parties could not agree, then to submit the proposed redactions to the Board. See Hearing Transcript, November 16, 2015, pages 4999-5001.
Accordingly, the State has prepared the enclosed, password-protected CD containing copies of 20 exhibits individually marked with the States proposed redactions. The exhibits on the CD are organized in three distinct groupings: (1) four documents subject to the States March 19, 2015 Objection and April 22, 2015 Motion; (2) ten documents subject to the September 17, 2015 Objection and October 19, 2015 Motion; and (3) six documents subject to the November 12, 2015 Objection.
The State offers the proposed redactions in the spirit of cooperation. As to the documents in the States first two groupings, as set forth above, the State offers the proposed redactions to reach a mutual resolution among the parties, in accordance with the framework provided by the Board and to avoid further briefing and litigation. As to the documents in the States third grouping, the State offers the proposed redactions as part of the consultation process and to avoid the need for further briefing and litigation on this issue.
THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 776-2400 FAX (518) 650-9363 WWW.AG.NY.GOV
The States proposed redactions are not in any way an admission as to the scope of its objections to Entergy and Westinghouses designation of any of these 20 documents, or whether information identified for redaction is proprietary as a matter of law. The State reserves its right to pursue public disclosure of all or parts of each of these 20 documents depending on Entergy, Westinghouse, Staff, and Riverkeepers position.
We are hopeful that the parties can arrive at a pathway forward to enable public disclosure of vital information while affording proper protection for truly proprietary information. If, however, the parties cannot agree on appropriate redactions, the State intends to pursue its full range of options, including submission of the proposed redactions to the Board for its review.
Thank you for your consideration. I look forward to your response.
Sincerely, Lisa S. Kwong Assistant Attorney General (518) 776-2422 cc: Deborah Brancato, Esq., Riverkeeper 2