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Category:Legal-Order
MONTHYEARML0602504982006-02-0707 February 2006 ISFSI, Order, Renewed Facility License ML0513301712005-05-13013 May 2005 Commission Notice of Appointment of Adjudicatory Employee ML0510805512005-04-18018 April 2005 Final Partial Initial Decision - Public Redacted Version (Issues Relating to Bredl Security Contention 5) ML0510501712005-04-15015 April 2005 Commission Extension Order ML0509704782005-04-0707 April 2005 LB Order (Regarding Redacted Version of Final Partial Initial Decision) ML0508106022005-03-18018 March 2005 LB Order (Regarding Redacted Version of Final Partial Initial Decision, Transcript Corrections) ML0504002642005-02-0909 February 2005 LB Order (Regarding Bredl Motion to Re-open Record) ML0503502052005-02-0404 February 2005 LB Order (Regarding Duke Motion to Amend Protective Order) ML0502704622005-01-27027 January 2005 LB Order (Addendum Number 6 to the December 15, 2003 Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) ML0502704472005-01-27027 January 2005 LB Order (Granting Extension to File Proposed Findings) ML0435603562004-12-21021 December 2004 Commission Order Denying the NRC Staff'S Motion to Stay the Effect of an Order Issued by the Licensing Board on 12/17/04 ML0435203392004-12-15015 December 2004 LB Order (Regarding December 17, 2004, Telephone Conference) ML0434801392004-12-13013 December 2004 LB Order (Cancelling December 13, 2004, Closed Session) ML0432400102004-11-10010 November 2004 LB Order (Approving Proposed Agreed Consent Order) ML0425104722004-09-0303 September 2004 LB Order (Confirming Deadlines Set at September 1, 2004, Closed Session) ML0423000022004-08-13013 August 2004 LB Addendum Number 4 to Protective Order Governing Duke Energy Corporation'S September 15, 2003 Security Plan Submittal (Dec. 15, 2003) ML0421503712004-08-0202 August 2004 Commission Order Dated 08/02/04 ML0421605892004-07-28028 July 2004 LB Order (Addressing Discovery Scheduling Matters) ML0418904182004-07-0707 July 2004 LB Order (Granting 24-Hour Extension in Deadline for Motions to Compel) ML0418400272004-07-0101 July 2004 Commission Order Granting Stay Request of NRC Staff ML0418200502004-06-28028 June 2004 LB Order (Ruling on Duke Energy Corporation Objection to Bredl Document Production Request No. 2 Regarding Bredl Security Contention) ML0414700752004-05-18018 May 2004 LB Order (Confirming Matters Addressed at May 14, 2004, Conference) ML0414700312004-05-18018 May 2004 Addendum Number 1 to Protective Order Governing Duke Energy Corporations Non-Disclosure of Proprietary Information (April 8, 2004) ML0413103462004-05-0606 May 2004 LB Order (Confirming Matters Addressed at May 4, 2004, Telephone Conference) ML0411302162004-04-21021 April 2004 LB Order (Regarding Removal of Portion of Transcript from Safeguards Information Category) ML0410506312004-04-0808 April 2004 LB Order (Confirming Matters Addressed at April 6 Telephone Conference) ML0409805452004-03-30030 March 2004 LB Corrected Order (Confirming Matters Addressed at March 25 Telephone Conference) ML0409101612004-03-30030 March 2004 LB Order (Confirming Matters Addressed at March 25 Telephone Conference) ML0408208012004-03-17017 March 2004 LB Order (Confirming and Following Up on Matters Addressed at March 16 Telephone Conference) ML0407605082004-03-16016 March 2004 LB Order (Regarding Information for March 16, 18 and 25 Proceedings) ML0407100222004-03-0505 March 2004 LB Order (Regarding Deadlines and Scheduling Issues) ML0405806332004-02-25025 February 2004 LB Order (Regarding Telephone Status Conference on Scheduling Issues) ML0404302182004-02-12012 February 2004 Commission Order Extending a Stay of an ASLBP Memorandum Issued on 01/29/04 Until 02/18/04 ML0403304082004-02-0202 February 2004 Commission Order Appointing Robert B. (Barry) Manili a Representative to Advise and Assist the Atomic Safety and Licensing Board Re Security Classification of Information and the Safeguards to Be Observed in This Proceeding ML0403009462004-01-30030 January 2004 Commission Order Issuing a Housekeeping Stay of the Atomic Safety and Licensing Board'S Memorandum Dated 01/29/04 Until 02/13/04 ML0402909122004-01-29029 January 2004 LB Memorandum (Providing Notice of Granting Bredl Motion for Need to Know Determination and Extension of Deadline for Filing Security-Related Contentions) ML0402909032004-01-23023 January 2004 Request to Commission (Seeking Designation of Representative to Advise and Assist Licensing Board with Respect to Classification of Information and Safeguards to Be Observed) ML0402007292004-01-20020 January 2004 LB Order (Scheduling in Camera Oral Argument on Blue Ridge Environmental Defense Leagues Request for Need to Know Determination and Motion for Extension of Deadline for Filing Security Contentions) ML0400800182003-12-31031 December 2003 LB Order (Providing Notification of Location for January 15, 2004, Oral Argument) ML0335303582003-12-15015 December 2003 LB Order (Regarding Deadlines and Scheduling Issues) ML0334213342003-12-0808 December 2003 LB Order (Regarding Telephone Conference, Deadlines and Scheduling Issues) ML0333701842003-12-0303 December 2003 Commission Notice of Appointment of Adjudicatory Employee ML0333606772003-12-0202 December 2003 Commission Order Extending Time to Rule on the Blue Ridge Environmental Defense League'S Petition for Review of LBP-03-17 ML0333812262003-12-0101 December 2003 LB Order (Regarding Motion for Protective Order and General Conduct of Oral Argument) ML0332504592003-11-20020 November 2003 LB Order (Regarding Provision of LAR and Other Documents, and Conduct of Oral Argument) ML0328906062003-10-16016 October 2003 Order (Scheduling October 23, 2003, Telephone Conference) ML0328305612003-10-10010 October 2003 Order (Confirming Matters Addressed at October 10, 2003, Telephone Conference) ML0328204212003-10-0909 October 2003 LB Order (Addressing Certain Security Issues and Scheduling Telephone Conference) ML0328107762003-10-0808 October 2003 LB Memorandum to Commission (Regarding Ruling on Request to Reinstate Contention 1) ML0328017102003-10-0707 October 2003 LB Separate Opinion (Concurring in Part and Dissenting in Part) (Addendum to LBP-03-17) 2006-02-07
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 02/04/05 RAS 9266 SERVED 02/04/05 ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Ann Marshall Young, Chair Anthony J. Baratta Thomas S. Elleman In the Matter of Docket Nos. 50-413-OLA, 50-414-OLA DUKE ENERGY CORPORATION ASLBP No. 03-815-03-OLA (Catawba Nuclear Station, Units 1 and 2) February 4, 2005 ORDER (Regarding Duke Motion to Amend Protective Order)
Upon the motion of counsel for Duke Energy Corporation, with the agreement of counsel for the NRC Staff,1 and no objection being posed by counsel for BREDL, the December 15, 2003, Memorandum and Order (Protective Order Governing Duke Energy Corporations September 15, 2003 Security Plan Submittal) previously issued in this proceeding is hereby amended to add Ms. Kelley M. John, a legal secretary with Duke counsels law firm, 1
We note that Appendix A to the Protective Order, a Nondisclosure Affidavit to be signed by all persons covered by the Order (a copy of which Ms. John has signed), itself provides that persons covered by the order, including Duke counsel, agree that any secretarial or administrative work will be performed only by personnel authorized pursuant to paragraph B of the Protective Order, which provides that any such person will have completed a trustworthiness review[ ] satisfactory to the NRC Staff. We accept from NRC Staff counsels agreement to this amendment that the Staff has determined that Dukes procedures to receive access to Safeguards Information, put forth by Duke counsel as the procedures under which Ms. Johns trustworthiness has been determined, are equivalent to those of the Staff, as required in the Protective Order. Should this not be the case, we expect that the Staff will see that any necessary additional measures to assure such trustworthiness are taken.
1
Winston and Strawn, to the list of individuals authorized to receive access to Protected Information.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
_______________________________
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE
/RA/
_______________________________
Anthony J. Baratta ADMINISTRATIVE JUDGE
/RA/
_______________________________
Thomas S. Elleman ADMINISTRATIVE JUDGE Rockville, Maryland February 4, 20052 2
Copies of this document were sent this date by internet e-mail to counsel for all parties.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-413-OLA
) 50-414-OLA (Catawba Nuclear Station, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING DUKE MOTION TO AMEND PROTECTIVE ORDER) have been served upon the following persons by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Susan L. Uttal, Esq. Henry B. Barron, Executive Vice President Antonio Fernández, Esq. Nuclear Operations Shana Zipkin, Esq. Duke Energy Corporation Office of the General Counsel 526 South Church Street Mail Stop - O-15 D21 P.O. Box 1006 U.S. Nuclear Regulatory Commission Charlotte, NC 28201-1006 Washington, DC 20555-0001 Mary Olson Diane Curran, Esq.
Director of the Southeast Office Harmon, Curran, Spielberg Nuclear Information and Resource Service & Eisenberg, L.L.P.
729 Haywood Road, 1-A 1726 M Street, NW, Suite 600 P.O. Box 7586 Washington, DC 20036 Asheville, NC 28802
2 Docket Nos. 50-413-OLA and 50-414-OLA LB ORDER (REGARDING DUKE MOTION TO AMEND PROTECTIVE ORDER)
David A. Repka, Esq. Lisa F. Vaughn, Esq.
Anne W. Cottingham, Esq. Duke Energy Corporation Mark J. Wetterhahn, Esq. Mail Code - PB05E Winston & Strawn LLP 422 South Church Street 1400 L Street, NW P.O. Box 1244 Washington, DC 20005 Charlotte, NC 28201-1244 Paul Gunter Timika Shafeek-Horton, Esq.
Nuclear Information and Resource Service Duke Energy Corporation 1424 16th St., NW, Suite 404 Mail Code - PB05E Washington, DC 20036 422 South Church Street Charlotte, NC 28242
[Original signed by Adria T. Byrdsong]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 4th day of February 2005