ML15293A034

NYS Attachment 15: E-mail from Raphael Philip Kuyler to John J. Sipos and Paul M. Bessette September 3, 2015, 8:55 Am

ML15293A034
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: ML15293A031 ML15293A032 ML15293A033 ML15293A034 ML15293A035 ML15293A036
References
RAS 28407, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR
Download: ML15293A034 (3)

Text

E-mail from Raphael Philip Kuyler to John J. Sipos and Paul M. Bessette September 3, 2015, 8:55 AM ATTACHMENT 15 to NYS DECLARATION

Mihir Desai From: Kuyler, Raphael Philip <rkuyler@morganlewis.com>

Sent: Thursday, September 03, 2015 8:55 AM To: John J. Sipos; Bessette, Paul M.

Cc: Lisa M. Burianek; Brian Lusignan; Mihir Desai; Teresa Manzi;

'dbrancato@riverkeeper.org'; Sutton, Kathryn M.; Turk, Sherwin; O'Neill, Martin

Subject:

RE: Entergy's August Non-Public Filings Thank you for this email, John. Entergy does not agree that the Protective Order requires redacted filings, but in the ongoing spirit of cooperation, we will endeavor to prepare redacted versions of our August 10 testimony and statements of position within two weeks.

Regards, Ray Ray P. Kuyler Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW l Washington, DC 20004 Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.com Assistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: John J. Sipos [1]

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 1

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 DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential and/or it may include attorney work product.

If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

2

E-mail from Raphael Philip Kuyler to John J. Sipos and Paul M. Bessette September 3, 2015, 8:55 AM ATTACHMENT 15 to NYS DECLARATION

Mihir Desai From: Kuyler, Raphael Philip <rkuyler@morganlewis.com>

Sent: Thursday, September 03, 2015 8:55 AM To: John J. Sipos; Bessette, Paul M.

Cc: Lisa M. Burianek; Brian Lusignan; Mihir Desai; Teresa Manzi;

'dbrancato@riverkeeper.org'; Sutton, Kathryn M.; Turk, Sherwin; O'Neill, Martin

Subject:

RE: Entergy's August Non-Public Filings Thank you for this email, John. Entergy does not agree that the Protective Order requires redacted filings, but in the ongoing spirit of cooperation, we will endeavor to prepare redacted versions of our August 10 testimony and statements of position within two weeks.

Regards, Ray Ray P. Kuyler Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW l Washington, DC 20004 Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.com Assistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: John J. Sipos [2]

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 1

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 DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential and/or it may include attorney work product.

If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

2