ML050350205

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LB Order (Regarding Duke Motion to Amend Protective Order)
ML050350205
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 02/04/2005
From: Anthony Baratta, Elleman T, Austin Young
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-413-0LA, 50-414-0LA, ASLBP 03-815-03-OLA, RAS 9266
Download: ML050350205 (4)


Text

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