ML15348A446

Attachment 12 - IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation

ML15348A446
Person / Time
Site:	Indian Point
Issue date:	12/14/2015
From:	State of NY, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML15348A433	List: ML15348A434 ML15348A435 ML15348A436 ML15348A437 ML15348A438 ML15348A439 ML15348A440 ML15348A441 ML15348A442 ML15348A443 ML15348A444 ML15348A445 ML15348A446
References
RAS 28663, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR
Download: ML15348A446 (8)

Text

DECEMBER 14, 2015 EMAIL THREAD BETWEEN L KWONG AND S TURK RE: IP -- 2015 11 12 NYS NOTICE OF OBJECTION TO PROPRIETARY DESIGNATION ATTACHMENT 12 to NYS DECLARATION From:Turk, SherwinTo:Lisa S. KwongCc:"Bessette, Paul M."; "Sutton, Kathryn M."; Harris, Brian; Roth(OGC), David; "Deborah Brancato(DBrancato@riverkeeper.org)"; John J. Sipos; Mihir Desai; "Kuyler, Raphael Philip"; Siobhan C. Blank; TeresaManzi; Roth(OGC), David

Subject:

RE: RE: RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary DesignationDate:Monday, December 14, 2015 3:40:43 PMHi Lisa, Thanks for the clarification.

Please represent our position as follows: "The NRC Staff opposes the motion on the grounds that it lacks substantial basis and is untimely. Also, to the extent that the motion is based upon the State's recentsubmission of proposed redactions to Counsel for Westinghouse/Entergy, the Staff believes insufficient time was provided for them to review the proposed redactions and to engage in meaningful consultations prior to filing the proposed motion."

Thank you.

Sherwin

Sherwin E. TurkSpecial Counsel for LitigationOffice of the General CounselU.S. Nuclear Regulatory Commission 11555 Rockville PikeMail Stop O15-D21Rockville, MD 20852 (301) 415-1533 From: Lisa S. Kwong [1] Sent: Monday, December 14, 2015 3:12 PMTo: Turk, Sherwin; 'Kuyler, Raphael Philip'Cc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

[External_Sender] RE: RE: IP -- 2015 11 12 NYS Notice of Objection to ProprietaryDesignation Sherwin:

The State's two previous motions addressed earlier versions of the six documents which are listedon the November 12, 2015 Objection. The current motion is necessitated by Entergy's latesubmission -- and the Board's admission during the hearing -- of these documents as revised hearing exhibits. Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Turk, Sherwin [2] Sent: Monday, December 14, 2015 2:54 PMTo: Lisa S. Kwong; 'Kuyler, Raphael Philip'Cc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

RE: RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Lisa, I'm not sure I understand what you intend to file. Your E-mail message referred to "six revised Westinghouse documents listed in the State's November 12, 2015 Notice of Objection." Did your previous motions to compel public disclosure address those sixdocuments? Does the State intend to file a motion to compel public disclosure ofadditional Westinghouse documents, beyond those that were addressed in your two previous motions?

Sherwin E. TurkSpecial Counsel for LitigationOffice of the General Counsel U.S. Nuclear Regulatory Commission11555 Rockville PikeMail Stop O15-D21 Rockville, MD 20852(301) 415-1533

From: Lisa S. Kwong [3] Sent: Monday, December 14, 2015 2:37 PMTo: 'Kuyler, Raphael Philip'; Turk, SherwinCc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

[External_Sender] RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray, This follows-up on our call earlier today. During this morning's call, you confirmed that you wereable to access (with some trouble-shooting assistance from your colleague, Grant Eskelson) theinformation contained in the CD we sent to you by overnight mail on December 10, 2015. I'm relieved that we were able to overcome that technical difficulty without IT assistance. I indicated during our conversation that, in light of the State's deadline for filing a motion under the Protective Order, the State was planning to a motion to compel public disclosure of the sixrevised Westinghouse documents listed in the State's November 12, 2015 Notice of Objection. Based on your comment that Entergy and Westinghouse would not have sufficient time to fullyconsider the State's proposal in advance of the State's motion, I understood that Entergy wouldobject to the State's proposed motion. Please let me know if my understanding is incorrect.

The State appreciates your concern about the need for additional time to evaluate the State'sproposal. We will be filing our motion later today in order to preserve the State's right tochallenge Westinghouse's proprietary designations pending Entergy/Westinghouse's review of the proposed redactions, with the understanding and hope that the parties may reach a mutualresolution of this issue without further Board intervention. We would, of course, seek to apprisethe Board of the outcome of our efforts to find common ground.

Thank you, Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Lisa S. Kwong Sent: Monday, December 14, 2015 8:25 AMTo: 'Kuyler, Raphael Philip'; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray, I'm told that we have had similar difficulties with CDs containing Entergy's monthly disclosures. Here's a fix that has worked for us: copy the zipped folder to the desktop to unzip/extract the filesand then cut and paste the extracted files to the appropriate folder(s) onto the server. Please letme know if that resolves the problem. If not, we can call in IT or set up a cloud-based fileexchange program. Sorry for the trouble, but I'm fairly confident we can get this worked out this morning. As to your question regarding our reservation of rights, that statement was meant to cover thesituation where the parties are unable to agree on appropriate redactions for the 20 documents. In that instance, the State reserves its right to submit the proposed redactions to the Board, file athird motion to address the State's November 12, 2015 objection, and/or seek appellate review ofany adverse determinations regarding these issues.

Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Kuyler, Raphael Philip [4] Sent: Friday, December 11, 2015 5:39 PMTo: Lisa S. Kwong; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Lisa, I am sorry we missed your call this afternoon. As I mentioned earlier, we received your CD. Wewill review the CD and also pass it on to Westinghouse for its review. As I noted, we were unableto open or extract any files, so we will need your assistance on Monday in doing so. As yousuggested, I will call you Monday morning.

By our calculations, any motion regarding the November 12 objection would be due this Monday,December 14. We will, of course, not have sufficient time to review the State's new proposedredactions in advance of that deadline. In addition, we do not entirely understand the followingstatement in your letter: "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 Riverkeeper's position." Given the Board and Commission rulings against the State on 14 of the 20 documents,please clarify the State's intent and the meaning of this statement.Regards, Ray P. KuylerMorgan, Lewis & Bockius LLP1111 Pennsylvania Avenue, NW l Washington, DC 20004Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.comAssistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: Lisa S. Kwong [5] Sent: Friday, December 11, 2015 8:51 AMTo: Kuyler, Raphael Philip; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Counsel: Please see the attached correspondence which was sent by overnight mail yesterday.

Lisa S. KwongAssistant Attorney General Environmental Protection BureauNew York State Office of the Attorney GeneralThe Capitol Albany, NY 12224Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Lisa S. Kwong Sent: Wednesday, December 02, 2015 11:47 AMTo: 'Kuyler, Raphael Philip'; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray: Thank you for your response to the State's November 12, 2015, Notice of Objection. The Stateacknowledges the ASLB's November 16 denial of the State's October 19 motion challengingEntergy/Westinghouse's proprietary designations for certain documents, but that does not end thedispute. We disagree that the issue raised in the November 12 objection -- that is, the over-broaduse of proprietary designations -- is moot. Although the hearing has concluded, the hearing recordcan still be updated with redacted versions of proprietary documents.

First, with respect to the documents identified in the State's October 19 motion, the Board, duringthe hearing, specifically invited the State to propose redactions for Westinghouse's consideration. We are in the midst of developing a proposed set of redacted documents and expect to be able toforward it to you shortly. Second, with respect to the State's current objection that is directed tosix hearing exhibits - five revised and one new - which were filed by Entergy on November 11, the Board's November 16 order does not render the State's objection moot. These six documentssupplement, or are in addition to, documents which were the subject of the State's priorchallenges. As such, these documents are outside the scope of the Board's July 20 and November 16 rulings on the State's motions to remove proprietary designations. We are hopeful that the parties can arrive at a pathway forward to enable public disclosure of vitalinformation while affording proper protection for truly proprietary information. If, however, theparties are unable to agree, the State intends to file a motion pursuant to Paragraph D of the 2009Protective Order so as to preserve its continuing objection to Entergy/Westinghouse's improperwithholding of these documents from public access.

Sherwin: Although we have not heard from you on this, the State assumes that Staff does not agree with the State's position. If that is not the case, please advise as soon as possible as to Staff's position onthis issue.

Thank you. Lisa S. Kwong Assistant Attorney GeneralEnvironmental Protection BureauNew York State Office of the Attorney General The CapitolAlbany, NY 12224Tel: 518-776-2422 Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Kuyler, Raphael Philip [6] Sent: Tuesday, November 24, 2015 10:10 AMTo: Lisa S. Kwong; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Good morning, Lisa and Deborah. Entergy believes that New York's November 12 Objection has effectively been rendered moot by the subsequent ASLB decision at last week's hearing denying the second motion on the subject ofWestinghouse proprietary documents. Nevertheless, Entergy reiterates that all of the newdocuments listed in the November 12 objection are Westinghouse fatigue calculations or reports. These documents are maintained in confidence by Westinghouse and contain information which, if released, likely would lead to substantial competitive harm to the company, for all of the reasonsexplained in Entergy's and Westinghouse's filings before the Board and Commission in response to New York's two prior motions. Therefore, it is Westinghouse's and Entergy's position that thesenew documents are proprietary and should remain subject to the terms of the Protective Order.

Regards, Ray P. KuylerMorgan, Lewis & Bockius LLP1111 Pennsylvania Avenue, NW l Washington, DC 20004Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.comAssistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: Lisa S. Kwong [7] Sent: Thursday, November 12, 2015 1:02 PMTo: Kuyler, Raphael Philip; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Good afternoon, Ray and Sherwin. Attached please find a copy of the State's November 12, 2015Notice of Objection to Proprietary and/or Confidential Designations for six Westinghousedocuments disclosed by Entergy on November 4, 2015 and produced on November 6, 2015. Please let me or Mihir Desai know when you are available to discuss. Thank you.

Lisa S. KwongAssistant Attorney General Environmental Protection BureauNew York State Office of the Attorney GeneralThe Capitol Albany, NY 12224Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov IMPORTANT NOTICE: This e-mail, including any attachments, may be confidential,privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.DISCLAIMERThis 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.

DECEMBER 14, 2015 EMAIL THREAD BETWEEN L KWONG AND S TURK RE: IP -- 2015 11 12 NYS NOTICE OF OBJECTION TO PROPRIETARY DESIGNATION ATTACHMENT 12 to NYS DECLARATION From:Turk, SherwinTo:Lisa S. KwongCc:"Bessette, Paul M."; "Sutton, Kathryn M."; Harris, Brian; Roth(OGC), David; "Deborah Brancato(DBrancato@riverkeeper.org)"; John J. Sipos; Mihir Desai; "Kuyler, Raphael Philip"; Siobhan C. Blank; TeresaManzi; Roth(OGC), David

Subject:

RE: RE: RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary DesignationDate:Monday, December 14, 2015 3:40:43 PMHi Lisa, Thanks for the clarification.

Please represent our position as follows: "The NRC Staff opposes the motion on the grounds that it lacks substantial basis and is untimely. Also, to the extent that the motion is based upon the State's recentsubmission of proposed redactions to Counsel for Westinghouse/Entergy, the Staff believes insufficient time was provided for them to review the proposed redactions and to engage in meaningful consultations prior to filing the proposed motion."

Thank you.

Sherwin

Sherwin E. TurkSpecial Counsel for LitigationOffice of the General CounselU.S. Nuclear Regulatory Commission 11555 Rockville PikeMail Stop O15-D21Rockville, MD 20852 (301) 415-1533 From: Lisa S. Kwong [8] Sent: Monday, December 14, 2015 3:12 PMTo: Turk, Sherwin; 'Kuyler, Raphael Philip'Cc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

[External_Sender] RE: RE: IP -- 2015 11 12 NYS Notice of Objection to ProprietaryDesignation Sherwin:

The State's two previous motions addressed earlier versions of the six documents which are listedon the November 12, 2015 Objection. The current motion is necessitated by Entergy's latesubmission -- and the Board's admission during the hearing -- of these documents as revised hearing exhibits. Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Turk, Sherwin [9] Sent: Monday, December 14, 2015 2:54 PMTo: Lisa S. Kwong; 'Kuyler, Raphael Philip'Cc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

RE: RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Lisa, I'm not sure I understand what you intend to file. Your E-mail message referred to "six revised Westinghouse documents listed in the State's November 12, 2015 Notice of Objection." Did your previous motions to compel public disclosure address those sixdocuments? Does the State intend to file a motion to compel public disclosure ofadditional Westinghouse documents, beyond those that were addressed in your two previous motions?

Sherwin E. TurkSpecial Counsel for LitigationOffice of the General Counsel U.S. Nuclear Regulatory Commission11555 Rockville PikeMail Stop O15-D21 Rockville, MD 20852(301) 415-1533

From: Lisa S. Kwong [10] Sent: Monday, December 14, 2015 2:37 PMTo: 'Kuyler, Raphael Philip'; Turk, SherwinCc: 'Bessette, Paul M.'; 'Sutton, Kathryn M.'; Harris, Brian; Roth(OGC), David; 'Deborah Brancato(DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai; Siobhan C. Blank; Teresa Manzi

Subject:

[External_Sender] RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray, This follows-up on our call earlier today. During this morning's call, you confirmed that you wereable to access (with some trouble-shooting assistance from your colleague, Grant Eskelson) theinformation contained in the CD we sent to you by overnight mail on December 10, 2015. I'm relieved that we were able to overcome that technical difficulty without IT assistance. I indicated during our conversation that, in light of the State's deadline for filing a motion under the Protective Order, the State was planning to a motion to compel public disclosure of the sixrevised Westinghouse documents listed in the State's November 12, 2015 Notice of Objection. Based on your comment that Entergy and Westinghouse would not have sufficient time to fullyconsider the State's proposal in advance of the State's motion, I understood that Entergy wouldobject to the State's proposed motion. Please let me know if my understanding is incorrect.

The State appreciates your concern about the need for additional time to evaluate the State'sproposal. We will be filing our motion later today in order to preserve the State's right tochallenge Westinghouse's proprietary designations pending Entergy/Westinghouse's review of the proposed redactions, with the understanding and hope that the parties may reach a mutualresolution of this issue without further Board intervention. We would, of course, seek to apprisethe Board of the outcome of our efforts to find common ground.

Thank you, Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Lisa S. Kwong Sent: Monday, December 14, 2015 8:25 AMTo: 'Kuyler, Raphael Philip'; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray, I'm told that we have had similar difficulties with CDs containing Entergy's monthly disclosures. Here's a fix that has worked for us: copy the zipped folder to the desktop to unzip/extract the filesand then cut and paste the extracted files to the appropriate folder(s) onto the server. Please letme know if that resolves the problem. If not, we can call in IT or set up a cloud-based fileexchange program. Sorry for the trouble, but I'm fairly confident we can get this worked out this morning. As to your question regarding our reservation of rights, that statement was meant to cover thesituation where the parties are unable to agree on appropriate redactions for the 20 documents. In that instance, the State reserves its right to submit the proposed redactions to the Board, file athird motion to address the State's November 12, 2015 objection, and/or seek appellate review ofany adverse determinations regarding these issues.

Lisa S. KwongAssistant Attorney GeneralEnvironmental Protection Bureau New York State Office of the Attorney GeneralThe CapitolAlbany, NY 12224 Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Kuyler, Raphael Philip [11] Sent: Friday, December 11, 2015 5:39 PMTo: Lisa S. Kwong; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Lisa, I am sorry we missed your call this afternoon. As I mentioned earlier, we received your CD. Wewill review the CD and also pass it on to Westinghouse for its review. As I noted, we were unableto open or extract any files, so we will need your assistance on Monday in doing so. As yousuggested, I will call you Monday morning.

By our calculations, any motion regarding the November 12 objection would be due this Monday,December 14. We will, of course, not have sufficient time to review the State's new proposedredactions in advance of that deadline. In addition, we do not entirely understand the followingstatement in your letter: "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 Riverkeeper's position." Given the Board and Commission rulings against the State on 14 of the 20 documents,please clarify the State's intent and the meaning of this statement.Regards, Ray P. KuylerMorgan, Lewis & Bockius LLP1111 Pennsylvania Avenue, NW l Washington, DC 20004Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.comAssistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: Lisa S. Kwong [12] Sent: Friday, December 11, 2015 8:51 AMTo: Kuyler, Raphael Philip; 'sherwin.turk@nrc.gov'Cc: Bessette, Paul M.; Sutton, Kathryn M.; 'Harris, Brian (Brian.Harris@nrc.gov)'; 'Roth(OGC), David(David.Roth@nrc.gov)'; 'Deborah Brancato (DBrancato@riverkeeper.org)'; John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Counsel: Please see the attached correspondence which was sent by overnight mail yesterday.

Lisa S. KwongAssistant Attorney General Environmental Protection BureauNew York State Office of the Attorney GeneralThe Capitol Albany, NY 12224Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Lisa S. Kwong Sent: Wednesday, December 02, 2015 11:47 AMTo: 'Kuyler, Raphael Philip'; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Ray: Thank you for your response to the State's November 12, 2015, Notice of Objection. The Stateacknowledges the ASLB's November 16 denial of the State's October 19 motion challengingEntergy/Westinghouse's proprietary designations for certain documents, but that does not end thedispute. We disagree that the issue raised in the November 12 objection -- that is, the over-broaduse of proprietary designations -- is moot. Although the hearing has concluded, the hearing recordcan still be updated with redacted versions of proprietary documents.

First, with respect to the documents identified in the State's October 19 motion, the Board, duringthe hearing, specifically invited the State to propose redactions for Westinghouse's consideration. We are in the midst of developing a proposed set of redacted documents and expect to be able toforward it to you shortly. Second, with respect to the State's current objection that is directed tosix hearing exhibits - five revised and one new - which were filed by Entergy on November 11, the Board's November 16 order does not render the State's objection moot. These six documentssupplement, or are in addition to, documents which were the subject of the State's priorchallenges. As such, these documents are outside the scope of the Board's July 20 and November 16 rulings on the State's motions to remove proprietary designations. We are hopeful that the parties can arrive at a pathway forward to enable public disclosure of vitalinformation while affording proper protection for truly proprietary information. If, however, theparties are unable to agree, the State intends to file a motion pursuant to Paragraph D of the 2009Protective Order so as to preserve its continuing objection to Entergy/Westinghouse's improperwithholding of these documents from public access.

Sherwin: Although we have not heard from you on this, the State assumes that Staff does not agree with the State's position. If that is not the case, please advise as soon as possible as to Staff's position onthis issue.

Thank you. Lisa S. Kwong Assistant Attorney GeneralEnvironmental Protection BureauNew York State Office of the Attorney General The CapitolAlbany, NY 12224Tel: 518-776-2422 Fax: 518-650-9363Lisa.Kwong@ny.ag.gov From: Kuyler, Raphael Philip [13] Sent: Tuesday, November 24, 2015 10:10 AMTo: Lisa S. Kwong; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

RE: IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Good morning, Lisa and Deborah. Entergy believes that New York's November 12 Objection has effectively been rendered moot by the subsequent ASLB decision at last week's hearing denying the second motion on the subject ofWestinghouse proprietary documents. Nevertheless, Entergy reiterates that all of the newdocuments listed in the November 12 objection are Westinghouse fatigue calculations or reports. These documents are maintained in confidence by Westinghouse and contain information which, if released, likely would lead to substantial competitive harm to the company, for all of the reasonsexplained in Entergy's and Westinghouse's filings before the Board and Commission in response to New York's two prior motions. Therefore, it is Westinghouse's and Entergy's position that thesenew documents are proprietary and should remain subject to the terms of the Protective Order.

Regards, Ray P. KuylerMorgan, Lewis & Bockius LLP1111 Pennsylvania Avenue, NW l Washington, DC 20004Direct: +1.202.739.5146 l Main: 202.739.3000 l Fax: 202.739.3001 rkuyler@morganlewis.com l www.morganlewis.comAssistant: Rhonda D. Rollerson l 202.739.5157 l rrollerson@morganlewis.com From: Lisa S. Kwong [14] Sent: Thursday, November 12, 2015 1:02 PMTo: Kuyler, Raphael Philip; sherwin.turk@nrc.govCc: Bessette, Paul M.; Sutton, Kathryn M.; Harris, Brian (Brian.Harris@nrc.gov); Roth(OGC), David(David.Roth@nrc.gov); Deborah Brancato (DBrancato@riverkeeper.org); John J. Sipos; Mihir Desai;Siobhan C. Blank; Teresa Manzi

Subject:

IP -- 2015 11 12 NYS Notice of Objection to Proprietary Designation Good afternoon, Ray and Sherwin. Attached please find a copy of the State's November 12, 2015Notice of Objection to Proprietary and/or Confidential Designations for six Westinghousedocuments disclosed by Entergy on November 4, 2015 and produced on November 6, 2015. Please let me or Mihir Desai know when you are available to discuss. Thank you.

Lisa S. KwongAssistant Attorney General Environmental Protection BureauNew York State Office of the Attorney GeneralThe Capitol Albany, NY 12224Tel: 518-776-2422Fax: 518-650-9363Lisa.Kwong@ny.ag.gov IMPORTANT NOTICE: This e-mail, including any attachments, may be confidential,privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.DISCLAIMERThis 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.

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