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| | number = ML060260434 | | | number = ML060260434 |
| | issue date = 01/12/2006 | | | issue date = 01/12/2006 |
| | title = 2006/01/12-Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp | | | title = Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp |
| | author name = Wetterhahn M | | | author name = Wetterhahn M |
| | author affiliation = Duke Energy Corp, Winston & Strawn, LLP | | | author affiliation = Duke Energy Corp, Winston & Strawn, LLP |
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| =Text= | | =Text= |
| {{#Wiki_filter:v RA5 11 q WINSTON & STRAWN LLP 35 WEST WACKER DRIVE CHICAGO, ILLINOIS 60601-9703 43 RUE DU RHONE 1204 GENEVA, SWITZERLAND BUCKLERSBURY HOUSE 3 QUEEN VICTORIA STREET LONDON, EC4N 8NH 1700 K STREET, N.W.WASHINGTON, D.C. 20006-3817 (202) 282-5000 FACSIMILE (202) 282-5100 wvw.winston.com 333 SOUTH GRAND AVENUE LOS ANGELES, CALIFORNIA 90071-1543 200 PARK AVENUE NEWYORK, NEWYORK 10166-4193 21 AVENUE VICTOR HUGO 75116 PARIS, FRANCE 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 MARK J. WETTERHAHN (202) 282-5703 mwetterhahn~winston.com January 12, 2006 DOCKETED USNRC January 25, 2006 (3:47pm)Emile L. Julian Assistant for Rulemakings and Adjudications Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20005 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF | | {{#Wiki_filter:vRA5 11 q WINSTON & STRAWN LLP 35 WEST WACKER DRIVE 1700 K STREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20006-3817 LOS ANGELES, CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA, SWITZERLAND (202) 282-5000 NEWYORK, NEWYORK 10166-4193 BUCKLERSBURY HOUSE FACSIMILE (202) 282-5100 21 AVENUE VICTOR HUGO 3 QUEEN VICTORIA STREET 75116 PARIS, FRANCE LONDON, EC4N 8NH wvw.winston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 MARK J. WETTERHAHN (202) 282-5703 January 12, 2006 mwetterhahn~winston.com DOCKETED USNRC January 25, 2006 (3:47pm) |
| | OFFICE OF SECRETARY Emile L. Julian RULEMAKINGS AND ADJUDICATIONS STAFF Assistant for Rulemakings and Adjudications Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20005 |
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| ==Subject:== | | ==Subject:== |
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| ==Dear Mr. Julian:== | | ==Dear Mr. Julian:== |
| This letter relates to the disposition of Protected Information held by Winston &Strawn LLP ("W&S") in connection with the referenced proceeding relating to the physical protection of MOX (mixed oxide) fuel assemblies prior to irradiation at the Catawba Nuclear Station. The presiding Atomic Safety and Licensing Board issued a Memorandum and Order (Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal), dated December 15, 2003, as anended ("Protective Order"), which governs the disclosure and use of "Protected Information" as that term is defined therein. The "Protected Information" includes designated "Safeguards Information" and "Official Use Only" material.The Commission proceeding has been completed and the time for judicial review has expired. In accordance with Section F and Section 7 of Appendix A of the Protective Order, this letter fulfills the requirement that individuals covered by the Protective Order account for and deliver that information for disposal or safekeeping | | |
| ...." With respect to Protected Information maintained at our law offices, all documents have been accounted for and the following actions have been taken: 1. All protected documents in the possession of W&S have either been shredded in accordance with NRC requirements or returned to Catawba Nuclear Station to a person authorized to receive Protected Information on/eetne late ;=rscc yo b c y.-o; WINSTON & STRAWN LLP Emile L. Julian January 12, 2006 Page 2 behalf of Duke Energy Corporation for safekeeping under the Duke Energy Safeguards Information program.2. The W&S dedicated safeguards computer utilized for the adjudication has been "wiped" in accordance with Duke Safeguards Information requirements. | | This letter relates to the disposition of Protected Information held by Winston & |
| | Strawn LLP ("W&S") in connection with the referenced proceeding relating to the physical protection of MOX (mixed oxide) fuel assemblies prior to irradiation at the Catawba Nuclear Station. The presiding Atomic Safety and Licensing Board issued a Memorandum and Order (Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal), dated December 15, 2003, as anended ("Protective Order"), which governs the disclosure and use of "Protected Information" as that term is defined therein. The "Protected Information" includes designated "Safeguards Information" and "Official Use Only" material. |
| | The Commission proceeding has been completed and the time for judicial review has expired. In accordance with Section F and Section 7 of Appendix A of the Protective Order, this letter fulfills the requirement that individuals covered by the Protective Order account for and deliver that information for disposal or safekeeping . . . ." With respect to Protected Information maintained at our law offices, all documents have been accounted for and the following actions have been taken: |
| | : 1. All protected documents in the possession of W&S have either been shredded in accordance with NRC requirements or returned to Catawba Nuclear Station to a person authorized to receive Protected Information on late ;=rsccyo |
| | /eetne *b c y.-o; |
| | |
| | WINSTON & STRAWN LLP Emile L. Julian January 12, 2006 Page 2 behalf of Duke Energy Corporation for safekeeping under the Duke Energy Safeguards Information program. |
| | : 2. The W&S dedicated safeguards computer utilized for the adjudication has been "wiped" in accordance with Duke Safeguards Information requirements. |
| Mark J. Wetterhahn Counsel for Duke Energy Corporation | | Mark J. Wetterhahn Counsel for Duke Energy Corporation |
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| ==Enclosure:== | | ==Enclosure:== |
| | Certificate of Service 2 |
| | |
| | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: ) |
| | ) Docket Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA |
| | ) |
| | (Catawba Nuclear Station, ) |
| | Units 1 and 2) ) |
| | CERTIFICATE OF SERVICE I hereby certify that copies of the letter from Mark J. Wetterhahn to Emile L. |
| | Julian regarding "FULFILLMENT OF REQUIREMENTS OF PROTECTIVE ORDER RELATING TO PROTECTED INFORMATION" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this 12'h day of January, 2006. |
| | Additional e-mail service, designated by *, has been made this same day, as shown below. |
| | Nils J. Diaz, Chairman Edward McGaffigan, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Mail Stop: 0-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Jeffrey S. Merrifield, Commissioner Peter B. Lyons, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Mail Stop: 0-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Gregory B. Jaczko, Commissioner Ann Marshall Young, Chairman* |
| | U.S. Nuclear Regulatory Commission Administrative Judge Mail Stop: O-16C1 Atomic Safety and Licensing Board Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY@nrc.gov) |
| | Anthony J. Baratta* Thomas S. Elleman* |
| | Administrative Judge Administrative Judge Atomic and Safety Licensing Board 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 (e-mail: elleman(eos.ncsu.edu) |
| | (e-mail: AJB5(nrc.gov) |
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| |
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| Certificate of Service 2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: DUKE ENERGY CORPORATION (Catawba Nuclear Station, Units 1 and 2)))))))Docket Nos. 50-413-OLA 50-414-OLA CERTIFICATE OF SERVICE I hereby certify that copies of the letter from Mark J. Wetterhahn to Emile L.Julian regarding "FULFILLMENT OF REQUIREMENTS OF PROTECTIVE ORDER RELATING TO PROTECTED INFORMATION" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this 12'h day of January, 2006.Additional e-mail service, designated by *, has been made this same day, as shown below.Nils J. Diaz, Chairman U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, DC 20555-0001 Jeffrey S. Merrifield, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, DC 20555-0001 Gregory B. Jaczko, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555-0001 Anthony J. Baratta*Administrative Judge Atomic and Safety Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AJB5(nrc.gov)
| | Office of the Secretary* Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudications Staff Washington, DC 20555 (original + two copies) |
| Edward McGaffigan, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, DC 20555-0001 Peter B. Lyons, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Washington, DC 20555-0001 Ann Marshall Young, Chairman*Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY@nrc.gov)
| | (e-mail: HEARINGDOCKET~nrc.gov) |
| Thomas S. Elleman*Administrative Judge 5207 Creedmoor Road, #101 Raleigh, NC 27612 (e-mail: elleman(eos.ncsu.edu)
| | Adjudicatory File Susan L. Uttal, Esq.* |
| Office of the Secretary*
| | Atomic Safety and Licensing Board Panel Nathan R. Wildermann, Esq.* |
| U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemakings and Adjudications Staff (original
| | U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slugnrc.gov) |
| + two copies)(e-mail: HEARINGDOCKET~nrc.gov) | | (e-mail: nrwgnrc.gov) |
| Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555 Susan L. Uttal, Esq.*Nathan R. Wildermann, Esq.*Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slugnrc.gov)(e-mail: nrwgnrc.gov) | | Diane Curran* |
| Diane Curran*Harmon, Curran, Spielberg | | Harmon, Curran, Spielberg & |
| &Eisenberg, LLP 1726 M Street, N.W.Suite 600 Washington, DC 20036 (e-mail: dcurran(0harmoncurran.com)
| | Eisenberg, LLP 1726 M Street, N.W. |
| Mark .etterhahn, Esq.Counsel for Duke Energy Corporation 2 DC:431042.2}} | | Suite 600 Washington, DC 20036 (e-mail: dcurran(0harmoncurran.com) |
| | Mark .etterhahn, Esq. |
| | Counsel for Duke Energy Corporation 2 |
| | DC:431042.2}} |
|
|---|
Category:Legal-Correspondence
MONTHYEARML0602604342006-01-12012 January 2006
Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp
ML0527201292005-09-28028 September 2005
Letter from Emile L. Julian Diane Curran Requesting Return of Safeguards Documents
ML0513100102005-05-10010 May 2005
Catawba - Letter from Nathan Wildermann to Emile L. Julian Enclosing a Corrected Certificate of Service for the NRC Staff'S Reply to Duke Energy Corporation'S Brief on Review of the Licensing Board'S Final Order
ML0515700462005-04-19019 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Informing That as of April 14, 2005, Antonio Fernndez Has Been Reinstated by the State of Maryland as a Licensed Attorney in Good Standing
ML0510903682005-04-12012 April 2005
Letter from Diane Curran to the Commissioners Requesting Measures to Correct Apparent Illegal Shipment of Plutonium MOX Fuel to the Catawba Nuclear Power Plant
ML0512305012005-04-0808 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Regarding Antonio Fernndez'S Status as a Licensed Attorney in the State of Maryland
ML0509703242005-03-31031 March 2005
Notice of Change of Address and Telephone Numbers
ML0509703102005-03-30030 March 2005
Plutonium MOX Fuel Assemblies Not Be Sent to the Catawba Nuclear Plant Until Duke Has Fulfilled the License Conditions to the Satisfaction of the ASLB
ML0506803102005-03-0303 March 2005
Letter from Anne W. Cottingham to Emile L. Julian Enclosing the Original Affidavit of Steven P. Nesbit Submitted in Support of Duke Energy Corporation'S Response to Bredl'S Motion to Re-Open the Record on Security Contention 5
ML0436401522004-12-23023 December 2004
Catawba MOX - Letter from Susan L. Uttal to the Administrative Judges Re Inspection of the Measures for the Protection of SGI at the Offices of Diane Curran
ML0435701562004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to Diane Curran Re Service of Bredl Exhibit 4
ML0435701412004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to the Administrative Judges Re Bredl'S 12/20/04 Motion for Leave to File Testimony Out of Time
ML0435700492004-12-17017 December 2004
E-mail from Administrative Judge Young to Parties Re Bredl'S Prefiled Testimony
ML0434802742004-12-0909 December 2004
Letter from Diane Curran to Administrative Judges Informing That Bredl Is Planning to File an Appeal of the NRC Staff'S 12/03/04 Adverse need-to-know Determination Regarding SECY-03-0215, Insider Threat Mitigation by Licensees
ML0434303982004-12-0707 December 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Public Citrix-based Version of ADAMS Publicly Available Records System (PARS) Has Been Partially Restored
ML0435002612004-12-0606 December 2004
Letter from David A. Repka to Annette Vietti-Cook Providing Additional Information That Duke Energy Corporation Considers Directly Pertinent to an Important Matter Pending Before the Commission
ML0434503102004-12-0303 December 2004
Catawba MOX - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of the Final Report on the Pilot Expanded Force-on-Force Exercise Program with Lessons Learned and Recommendations for Future Activities
ML0434304512004-12-0303 December 2004
Catawba MOX - Letter from Antonio Fernndez to Mark J. Wetterhahn Re Determination That Bredl Has a need-to-know the Contents of NEI-03-01
ML0435700152004-12-0202 December 2004
E-mail from Diane Curran to Counsel for Duke Energy Corp. and the NRC Staff Re Safeguards Clearance for Edward Johns
ML0435604072004-12-0202 December 2004
E-mail from Diane Curran to Patricia Smith Re Safeguards Clearance for Court Reporter
ML0433801742004-12-0202 December 2004
Catawba - Letter from Susan L. Uttal to Diane Curran Enclosing a Copy of Administrative Change to Facility Operating Licenses in Conjunction with Commission Order EA-03-086
ML0433403782004-11-29029 November 2004
Catawba - Letter from Antonio Fernndez to Diane Curran Re Documents Relating to NRC-sponsored force-on-force Exercises Conducted as Part of the Pilot force-on-force Program
ML0435603492004-11-24024 November 2004
E-mail from Diane Curran to Antonio Fernndez Re Pilot force-on-force Exercise Documents
ML0432803412004-11-22022 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn and Diane Curran Informing That the Staff Does Not Object to the Settlement Agreed to by Duke and Bredl
ML0435602912004-11-18018 November 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Availability for Conference Call on 11/19/04
ML0432303782004-11-18018 November 2004
Catawba - Letter to Mark Wetterhahn Procedures
ML0432302472004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS
ML0432303582004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat
ML0433600862004-11-12012 November 2004
Catawba - Letter from Susan L. Uttal to Mark J. Wetterhahn Enclosing Redacted Copies of Duke Security Procedures 1305-C, 1304-C, 213 and 412
ML0431701382004-11-10010 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing That the Staff Is Unable to Provide Access to an 08/25/76 NRC Classified Letter from George P. Fisher to Maurice Eisenstein
ML0632105362004-11-0505 November 2004
E-mail from Diane Curran to the Licensing Board Informing That Bredl and Duke Energy Have Resolved Contention 6
ML0435000712004-11-0505 November 2004
E-mail from Diane Curran to Administrative Judges Informing That Bredl and Duke Energy Corp. Have Resolved Contention 6
ML0431703842004-11-0202 November 2004
Letter from David A. Repka to Administrative Judges Disagreeing with Statement Made in the Letter of October 29, 2004, Submitted by Counsel for the Blue Ridge Environmental Defense League, on Schedule Matters
ML0431703952004-11-0202 November 2004
Letter from Mark J. Wetterhahn to Diane Curran Responding to 10/20/2004 Letter and e-mail of 10/21/2004 Requesting That Blue Ridge Environmental Defense League Be Given Access to a Number of Documents Through Informal Discovery
ML0431001902004-11-0101 November 2004
Letter from Mark J. Wetterhahn to Diane Curran and Antonio Fernndez Forwarding Proposed Language Defining What Would Constitute Radiological Sabotage of the MOX Lead Assemblies Re Settlement of Proposed Bredl Security Contention 6
ML0430602532004-10-29029 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Confirming Electronic Mail Message Sent to Board and Parties on 10/28/04 Re Incorrect Identification of Enclosure 4 to Item 3 of Ms. Curran'S Informal Discovery Letter.
ML0431703752004-10-29029 October 2004
Letter from Diane Curran to Administrative Judges Responding to Duke Energy Corp.'S 10/29/04 Letter to the Licensing Board Which Purports to Clarify the Schedule for the Plutonium Mixed Oxide (MOX) Fuel Lead Test Assembly (LTA) Program
ML0430904522004-10-28028 October 2004
Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program
ML0430200062004-10-27027 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Request for Discovery Document
ML0430100422004-10-25025 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS
ML0432303892004-10-22022 October 2004
Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued.
ML0429601852004-10-19019 October 2004
Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6
ML0429601762004-10-19019 October 2004
Letter from Diane Curran to Antonio Fernndez and Susan L. Uttal Re Informal Discovery Request for security-related Documents and Request for need-to-know Determination
ML0429303712004-10-14014 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Responding to the Board'S 10/01/04 Order Re Impact of Information Provided in Duke'S 09/20/04 Letter
ML0429401452004-10-13013 October 2004
Letter from Mark J. Wetterhahn to Administrative Judges Regarding Responses to Information Provided by the Staff Relating to Three Questions Discussed in the September 28 Closed Session
ML0430700902004-10-0808 October 2004
E-mail from Diane Curran to Administrative Judge Young Informing That Bredl Is Not Prepared at This Point to Comment on Whether New Information Regarding Dose Consequences That Duek Provided to the NRC on 09/20/04 Is Relevant to Contention
ML0428704752004-10-0606 October 2004
Letter from David A. Repka to Administrative Judges Enclosing a Copy of Duke Energy Corp.'S 10/04/04 Submittal Which Provides Further Information Re Issue Addressed in Mr. Repka'S Correspondence of 08/31/04 and 09/20/04
ML0428002082004-10-0505 October 2004
10/5/2004 - Letter to Diane Curran Specific Interrogatory 4
ML0427804812004-10-0404 October 2004
Catawba MOX - Letter from Susan L. Uttal to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order Re NRC Staff'S View of the Impact of the Information Provided by Duke in Its 09/20/04 Letter Related to Contention I
ML0427504572004-10-0101 October 2004
Catawba MOX - Letter from Antonio Fernandez to Mark Wetterhahn Enclosing a Redacted Copy of the Physical Security Plan for the Catawba Nuclear Station, Revision 0 (Plan)
2006-01-12
[Table view]
Category:Legal-Correspondence/Maintenance
MONTHYEARML0602604342006-01-12012 January 2006
Letter from Mark J. Wetterhahn to Emile L. Julian Regarding the Disposition of Protected Information Held by Winston & Strawn Llp
ML0527201292005-09-28028 September 2005
Letter from Emile L. Julian Diane Curran Requesting Return of Safeguards Documents
ML0513100102005-05-10010 May 2005
Catawba - Letter from Nathan Wildermann to Emile L. Julian Enclosing a Corrected Certificate of Service for the NRC Staff'S Reply to Duke Energy Corporation'S Brief on Review of the Licensing Board'S Final Order
ML0515700462005-04-19019 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Informing That as of April 14, 2005, Antonio Fernndez Has Been Reinstated by the State of Maryland as a Licensed Attorney in Good Standing
ML0510903682005-04-12012 April 2005
Letter from Diane Curran to the Commissioners Requesting Measures to Correct Apparent Illegal Shipment of Plutonium MOX Fuel to the Catawba Nuclear Power Plant
ML0512305012005-04-0808 April 2005
Catawba - Letter from Kathryn L. Winsberg to Administrative Judges Regarding Antonio Fernndez'S Status as a Licensed Attorney in the State of Maryland
ML0509703242005-03-31031 March 2005
Notice of Change of Address and Telephone Numbers
ML0509703102005-03-30030 March 2005
Plutonium MOX Fuel Assemblies Not Be Sent to the Catawba Nuclear Plant Until Duke Has Fulfilled the License Conditions to the Satisfaction of the ASLB
ML0506803102005-03-0303 March 2005
Letter from Anne W. Cottingham to Emile L. Julian Enclosing the Original Affidavit of Steven P. Nesbit Submitted in Support of Duke Energy Corporation'S Response to Bredl'S Motion to Re-Open the Record on Security Contention 5
ML0435701562004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to Diane Curran Re Service of Bredl Exhibit 4
ML0435701412004-12-20020 December 2004
E-mail from Mark J. Wetterhahn to the Administrative Judges Re Bredl'S 12/20/04 Motion for Leave to File Testimony Out of Time
ML0435700492004-12-17017 December 2004
E-mail from Administrative Judge Young to Parties Re Bredl'S Prefiled Testimony
ML0434802742004-12-0909 December 2004
Letter from Diane Curran to Administrative Judges Informing That Bredl Is Planning to File an Appeal of the NRC Staff'S 12/03/04 Adverse need-to-know Determination Regarding SECY-03-0215, Insider Threat Mitigation by Licensees
ML0434303982004-12-0707 December 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Public Citrix-based Version of ADAMS Publicly Available Records System (PARS) Has Been Partially Restored
ML0435002612004-12-0606 December 2004
Letter from David A. Repka to Annette Vietti-Cook Providing Additional Information That Duke Energy Corporation Considers Directly Pertinent to an Important Matter Pending Before the Commission
ML0434503102004-12-0303 December 2004
Catawba MOX - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of the Final Report on the Pilot Expanded Force-on-Force Exercise Program with Lessons Learned and Recommendations for Future Activities
ML0434304512004-12-0303 December 2004
Catawba MOX - Letter from Antonio Fernndez to Mark J. Wetterhahn Re Determination That Bredl Has a need-to-know the Contents of NEI-03-01
ML0435700152004-12-0202 December 2004
E-mail from Diane Curran to Counsel for Duke Energy Corp. and the NRC Staff Re Safeguards Clearance for Edward Johns
ML0435604072004-12-0202 December 2004
E-mail from Diane Curran to Patricia Smith Re Safeguards Clearance for Court Reporter
ML0433801742004-12-0202 December 2004
Catawba - Letter from Susan L. Uttal to Diane Curran Enclosing a Copy of Administrative Change to Facility Operating Licenses in Conjunction with Commission Order EA-03-086
ML0433403782004-11-29029 November 2004
Catawba - Letter from Antonio Fernndez to Diane Curran Re Documents Relating to NRC-sponsored force-on-force Exercises Conducted as Part of the Pilot force-on-force Program
ML0435603492004-11-24024 November 2004
E-mail from Diane Curran to Antonio Fernndez Re Pilot force-on-force Exercise Documents
ML0432803412004-11-22022 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn and Diane Curran Informing That the Staff Does Not Object to the Settlement Agreed to by Duke and Bredl
ML0435602912004-11-18018 November 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Availability for Conference Call on 11/19/04
ML0432303582004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Mark Wetterhahn Enclosing a Redacted Copy of NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat
ML0432302472004-11-17017 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS
ML0433600862004-11-12012 November 2004
Catawba - Letter from Susan L. Uttal to Mark J. Wetterhahn Enclosing Redacted Copies of Duke Security Procedures 1305-C, 1304-C, 213 and 412
ML0431701382004-11-10010 November 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Informing That the Staff Is Unable to Provide Access to an 08/25/76 NRC Classified Letter from George P. Fisher to Maurice Eisenstein
ML0435000712004-11-0505 November 2004
E-mail from Diane Curran to Administrative Judges Informing That Bredl and Duke Energy Corp. Have Resolved Contention 6
ML0431703952004-11-0202 November 2004
Letter from Mark J. Wetterhahn to Diane Curran Responding to 10/20/2004 Letter and e-mail of 10/21/2004 Requesting That Blue Ridge Environmental Defense League Be Given Access to a Number of Documents Through Informal Discovery
ML0431703842004-11-0202 November 2004
Letter from David A. Repka to Administrative Judges Disagreeing with Statement Made in the Letter of October 29, 2004, Submitted by Counsel for the Blue Ridge Environmental Defense League, on Schedule Matters
ML0431001902004-11-0101 November 2004
Letter from Mark J. Wetterhahn to Diane Curran and Antonio Fernndez Forwarding Proposed Language Defining What Would Constitute Radiological Sabotage of the MOX Lead Assemblies Re Settlement of Proposed Bredl Security Contention 6
ML0430602532004-10-29029 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Confirming Electronic Mail Message Sent to Board and Parties on 10/28/04 Re Incorrect Identification of Enclosure 4 to Item 3 of Ms. Curran'S Informal Discovery Letter.
ML0431703752004-10-29029 October 2004
Letter from Diane Curran to Administrative Judges Responding to Duke Energy Corp.'S 10/29/04 Letter to the Licensing Board Which Purports to Clarify the Schedule for the Plutonium Mixed Oxide (MOX) Fuel Lead Test Assembly (LTA) Program
ML0430904522004-10-28028 October 2004
Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program
ML0430200062004-10-27027 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Request for Discovery Document
ML0430100422004-10-25025 October 2004
Catawba - Letter from Antonio Fernndez to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS
ML0432303892004-10-22022 October 2004
Letter from Antonio Fernndez to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order in Which the Board Directed the Staff Counsel to Communicate to the Board and Parties Whether Invitation May Have Been Issued.
ML0429601762004-10-19019 October 2004
Letter from Diane Curran to Antonio Fernndez and Susan L. Uttal Re Informal Discovery Request for security-related Documents and Request for need-to-know Determination
ML0429601852004-10-19019 October 2004
Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6
ML0429303712004-10-14014 October 2004
Catawba - Letter from Susan L. Uttal to Administrative Judges Responding to the Board'S 10/01/04 Order Re Impact of Information Provided in Duke'S 09/20/04 Letter
ML0429401452004-10-13013 October 2004
Letter from Mark J. Wetterhahn to Administrative Judges Regarding Responses to Information Provided by the Staff Relating to Three Questions Discussed in the September 28 Closed Session
ML0430700902004-10-0808 October 2004
E-mail from Diane Curran to Administrative Judge Young Informing That Bredl Is Not Prepared at This Point to Comment on Whether New Information Regarding Dose Consequences That Duek Provided to the NRC on 09/20/04 Is Relevant to Contention
ML0428704752004-10-0606 October 2004
Letter from David A. Repka to Administrative Judges Enclosing a Copy of Duke Energy Corp.'S 10/04/04 Submittal Which Provides Further Information Re Issue Addressed in Mr. Repka'S Correspondence of 08/31/04 and 09/20/04
ML0427804812004-10-0404 October 2004
Catawba MOX - Letter from Susan L. Uttal to Administrative Judges Responding to the Licensing Board'S 10/01/04 Order Re NRC Staff'S View of the Impact of the Information Provided by Duke in Its 09/20/04 Letter Related to Contention I
ML0427504572004-10-0101 October 2004
Catawba MOX - Letter from Antonio Fernandez to Mark Wetterhahn Enclosing a Redacted Copy of the Physical Security Plan for the Catawba Nuclear Station, Revision 0 (Plan)
ML0430700832004-09-30030 September 2004
E-mail from Mark J. Wetterhahn to Board and Parties Informing That Duke Energy Corporation Will Not Appeal the Licensing Board Order Regarding Access to Proposed Security Plan
ML0430700682004-09-30030 September 2004
E-mail from Susan L. Uttal to Administrative Judge Young Re Site Visit
ML0430700292004-09-30030 September 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit of Security Expert Advisor
ML0430700442004-09-29029 September 2004
E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit
2006-01-12
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vRA5 11 q WINSTON & STRAWN LLP 35 WEST WACKER DRIVE 1700 K STREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20006-3817 LOS ANGELES, CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA, SWITZERLAND (202) 282-5000 NEWYORK, NEWYORK 10166-4193 BUCKLERSBURY HOUSE FACSIMILE (202) 282-5100 21 AVENUE VICTOR HUGO 3 QUEEN VICTORIA STREET 75116 PARIS, FRANCE LONDON, EC4N 8NH wvw.winston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 MARK J. WETTERHAHN (202) 282-5703 January 12, 2006 mwetterhahn~winston.com DOCKETED USNRC January 25, 2006 (3:47pm)
OFFICE OF SECRETARY Emile L. Julian RULEMAKINGS AND ADJUDICATIONS STAFF Assistant for Rulemakings and Adjudications Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20005
Subject:
Docket Nos. 50-413-OLA, 50-414-OLA Fulfillment of Requirements of Protective Order Relating to Protected Information
Dear Mr. Julian:
This letter relates to the disposition of Protected Information held by Winston &
Strawn LLP ("W&S") in connection with the referenced proceeding relating to the physical protection of MOX (mixed oxide) fuel assemblies prior to irradiation at the Catawba Nuclear Station. The presiding Atomic Safety and Licensing Board issued a Memorandum and Order (Protective Order Governing Duke Energy Corporation's September 15, 2003 Security Plan Submittal), dated December 15, 2003, as anended ("Protective Order"), which governs the disclosure and use of "Protected Information" as that term is defined therein. The "Protected Information" includes designated "Safeguards Information" and "Official Use Only" material.
The Commission proceeding has been completed and the time for judicial review has expired. In accordance with Section F and Section 7 of Appendix A of the Protective Order, this letter fulfills the requirement that individuals covered by the Protective Order account for and deliver that information for disposal or safekeeping . . . ." With respect to Protected Information maintained at our law offices, all documents have been accounted for and the following actions have been taken:
- 1. All protected documents in the possession of W&S have either been shredded in accordance with NRC requirements or returned to Catawba Nuclear Station to a person authorized to receive Protected Information on late ;=rsccyo
/eetne *b c y.-o;
WINSTON & STRAWN LLP Emile L. Julian January 12, 2006 Page 2 behalf of Duke Energy Corporation for safekeeping under the Duke Energy Safeguards Information program.
- 2. The W&S dedicated safeguards computer utilized for the adjudication has been "wiped" in accordance with Duke Safeguards Information requirements.
Mark J. Wetterhahn Counsel for Duke Energy Corporation
Enclosure:
Certificate of Service 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: )
) Docket Nos. 50-413-OLA DUKE ENERGY CORPORATION ) 50-414-OLA
)
(Catawba Nuclear Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the letter from Mark J. Wetterhahn to Emile L.
Julian regarding "FULFILLMENT OF REQUIREMENTS OF PROTECTIVE ORDER RELATING TO PROTECTED INFORMATION" in the captioned proceeding have been served on the following by deposit in the United States mail, first class, this 12'h day of January, 2006.
Additional e-mail service, designated by *, has been made this same day, as shown below.
Nils J. Diaz, Chairman Edward McGaffigan, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Mail Stop: 0-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Jeffrey S. Merrifield, Commissioner Peter B. Lyons, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16C1 Mail Stop: 0-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Gregory B. Jaczko, Commissioner Ann Marshall Young, Chairman*
U.S. Nuclear Regulatory Commission Administrative Judge Mail Stop: O-16C1 Atomic Safety and Licensing Board Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (e-mail: AMY@nrc.gov)
Anthony J. Baratta* Thomas S. Elleman*
Administrative Judge Administrative Judge Atomic and Safety Licensing Board 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 (e-mail: elleman(eos.ncsu.edu)
(e-mail: AJB5(nrc.gov)
Office of the Secretary* Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudications Staff Washington, DC 20555 (original + two copies)
(e-mail: HEARINGDOCKET~nrc.gov)
Adjudicatory File Susan L. Uttal, Esq.*
Atomic Safety and Licensing Board Panel Nathan R. Wildermann, Esq.*
U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 (e-mail: slugnrc.gov)
(e-mail: nrwgnrc.gov)
Diane Curran*
Harmon, Curran, Spielberg &
Eisenberg, LLP 1726 M Street, N.W.
Suite 600 Washington, DC 20036 (e-mail: dcurran(0harmoncurran.com)
Mark .etterhahn, Esq.
Counsel for Duke Energy Corporation 2
DC:431042.2
