ML043550370

Letter from Diane Curran to Emile Julian Enclosing Blue Ridge Environmental Defense Leagues Motion for Leave to File Prefiled Written Testimony Out of Time

ML043550370
Person / Time
Site:	Catawba
Issue date:	12/20/2004
From:	Curran D Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:	Julian E NRC/SECY/RAS
Byrdsong A T
References
50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 9004
Download: ML043550370 (4)

Text

V-HARMON, CURRAN, SPIELBERG Q-;..- --

EISENBERG, LLP 1726 M Street, NWSuite 600 W-ashington, DC 20036

.- (202)328-3500 (202)328-6918fix December 20, 2004 DOCKETED BY HAND DELIVERY USNRC Emile Julian Assistant for Rulemakings and Adjudications Office of the Secretary U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 December 20, 2004 (10:29am)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF

SUBJECT:

Safeguarls Filing in Duke LTA Proceedling, ANos.

50-413, 50414

Dear Mr. Julian,

Enclosed please find two copies of the Prefiled Written Testimony of Dr. Edwin S.

Lyman Regarding Blue Ridge Environmental Defense League's Security Contention 5, along wvith a set of exhibits.

Please note that Dr. Lyman's testimony and Exhibit 2 contain safeguards information.

Exhibit 2 is clipped separately from the other exhibits, in order to ensure that its safeguards status is not overlooked.

I am also enclosing the original and three copies of a motion for leave to file Dr. Lyman's testimony out of time.

As indicated on the service list that is attached to the motion, these pleadings have been served on the Atomic Safety and Licensing Board ("ASLB") and the parties by hand and by Federal Express courier service, in accordance with the requirements of the ASLB's December 15, 2003, Protective Order in this proceeding.

Sincerely, aneCirran cc w/o enclosures: service list i( /a&ecs~c Y-o4(

5

December 20, 2004 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No's. 50-413-OLA, DUKE ENERGY CORPORATION 50-414-OLA (Catawba Nuclear Station, Units 1 and 2)

BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE'S MOTION FOR LEAVE TO FILE PREFILED WRITTEN TESTIMONY OUT OF TIME Blue Ridge Environmental Defense League ("BREDL") hereby moves for leave to file the Prefiled Written Testimony of Dr. Edwin S. Lyman Regarding Blue Ridge Environmental Defense League's Security Contention 5 out of time. The testimony, which was due by close of business on Friday December 17, 2004, is being filed today.

BREDL respectfully submits that its counsel and expert have diligently attempted to meet their obligations throughout this proceeding, including complying with the December 17, 2004, deadline for the filing of prefiled testimony. However, because of a family emergency late in the afternoon of December 17, BREDL's counsel had to leave her office around 4:15 p.m., before she had finished proof-reading Dr. Lyman's testimony or assembled all of the exhibits. In addition, BREDL's counsel was somewhat delayed in completing these tasks by Friday's two telephone conferences with the Atomic Safety and Licensing Board, which together took about two hours.

BREDL has tried to minimize any prejudice to the other parties that may be caused by this delay, by ensuring that the testimony and exhibits are ready for service before 9 a.m. on Monday morning, December 20. BREDL has also arranged for same-

day courier service on Duke Energy Corporation's in-house counsel in Charlotte, North Carolina. The package is expected to arrive in Charlotte before noon on Monday, December 20.

Therefore, BREDL respectfully submits that the requested extension should be granted because it is justified and will not unduly prejudice the other parties.

Counsel for Duke Energy Corporation, whom BREDL contacted on Friday afternoon, has stated that Duke intends to oppose this motion. Counsel for BREDL was unable to reach counsel for the NRC Staff before filing this motion.

Respectfully submitted, Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1726 M Street N.W., Suite 600 W'ashington, D.C. 20036 202/328-3500 e-mail: Dcurraneharmoncurran.com December 20, 2004 2

CERTIFICATE OF SERVICE I hereby certify that on December 20, 2004, copies of Prefiled Written Testimony of Dr. Edwin S.

Lyman Regarding Blue Ridge Environmental Defense League's Security Contention 5 and Blue Ridge Environmental Defense League's Motion for Leave to File Prefiled Written Testimony Out of Time were served by hand or by Federal Express courier on all of the parties listed below, under the requirements of the Atomic Safety and Licensing Board's Protective Order of December 15, 2003:

Ann Marshall Young, Chair Atomic Safety and Licensing Board 11545 Rockville Pike Rockville, MD 20852 (by hand) 301/415-7463 Anthony J. Baratta Administrative Judge Atomic Safety and Licensing Board 11545 Rockville Pike Rockville, MD 20852 (by hand) 301/415-7463 Thomas S. Elleman Administrative Judge Atomic Safety and Licensing Board 11545 Rockville Pike Rockville, MD 20852 (by hand) 301/415-7463 Emile Julian Assistant for Rulemakings and Adjudications Office of the Secretary U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (by hand) 301/415-1966 Antonio FemrAndez, Esq.

Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (by hand) 301/415-7463 Lisa F. Vaughn, Esq.

Timika Shafeek-Horton, Esq.

Legal Dept. (EC-07H)

Duke Energy Corporation 526 South Church Street (ECI IX)

Charlotte, NC 28201-1006 (by Federal Express courier) 704/382-8134 Mark J. Wetterhan, Esq.

Anne W. Cottingham, Esq.

David A. Repka, Esq.

Winston & Strawn, LLP 1400 L Street, N.W.

Washington, D.C. 20005-3502 (by hand) 202/371-5726 iane Curran