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| ML043170395 |
| Person / Time |
|---|
| Site: |
Catawba  |
|---|
| Issue date: |
11/02/2004 |
|---|
| From: |
Wetterhahn M
Duke Energy Corp, Winston & Strawn, LLP |
|---|
| To: |
Curran D
Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Office of Nuclear Reactor Regulation |
|---|
| Byrdsong A T |
| References |
|---|
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 8792 |
| Download: ML043170395 (4) |
|
|
|---|
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
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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
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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
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Notice of Change of Address and Telephone Numbers
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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
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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
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E-mail from Mark J. Wetterhahn to Diane Curran Re Service of Bredl Exhibit 4
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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
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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
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E-mail from Diane Curran to Counsel for Duke Energy Corp. and the NRC Staff Re Safeguards Clearance for Edward Johns
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E-mail from Diane Curran to Patricia Smith Re Safeguards Clearance for Court Reporter
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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
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E-mail from Administrative Judge Young to Counsel for Parties Re Availability for Conference Call on 11/19/04
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Catawba - Letter from Susan L. Uttal to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS
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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
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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
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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
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Letter from David A. Repka to Administrative Judges Discussing the Misunderstanding About the Schedule for the Mixed Oxide (MOX) Fuel Lead Assembly Program
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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
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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
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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
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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
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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
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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
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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
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Letter from Diane Curran to Mark J. Wetterhahn and Anne W. Cottingham Re Possible Settlement of Blue Ridge Environmental Defense League'S Contention 6
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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
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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
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E-mail from Administrative Judge Young to Counsel for Parties Re Site Visit
2006-01-12
[Table view] |
Text
- RAs 9-75 RELATEC1 CORRESPONDZE WINSTON & STRAWNLLP 1400 L STREEr, N.W., WASHINGTON DC 20005-3502 Electronic Letterhead 202-371-5700 5 W 8 Do 200 Pi A--A 30- fe. 333 En ow0 A. I 1 Cop iM 43 VA w e 6 Ae I Z oV Pout I Dr6 aw CodoL 006064703 d. MY I 00'60lo3 A l&a.6OU CA @0071-6843 S mcA 1 1-84 04oA G..8 . 7516to P6..r-e 1660. c-a.c.reyor 311-5850-000 a1 22447co 213418.1700 465801.1000 41-2-31775-75 32-1-634-6022 44207-1531025 November 2, 2004 DOCKETED USNRC November 9, 2004 (11
- 07AM)
Diane Curran, Esq. OFFICE OF SECRETARY Harmon, Curran, Spielberg & Eisenberg, LLP RULEMAKINGS AND 1726 M Street, N.W. ADJUDICATIONS STAFF Suite 600 Washington, DC 20036 Re: Duke Energy Corporation Catawba Nuclear Station, Units 1 and 2 (Docket Nos. 50-413-OLA, 50-414-OLA)
Dear Ms. Curran:
This letter is in response to your October 20, 2004 letter and your e-mail of October 21, 2004 requesting that your client, Blue Ridge Environmental Defense League, be given access to a number of documents through informal discovery. The letter also updates my October 20, 2004 letter on the status of document production and addresses a proposed schedule for depositions of Duke Energy Corporation ("Duke") witnesses..
The items listed in your October 20, 2004 letter are addressed below, corresponding to your numbered requests:
- 1. You will be given access to NEI-03-01, Revision 1, Nuclear Power Plant Access Authorization Program.
- 2. You will be given access to Procedure No. 414, "Hostage Situation," Rev. 6
- 3. You will be given access to Procedure No. 415, "Extortion," Rev. 4
- 4. You will be given access to a map which shows the requested area and features.
- 5. You have already been given access to diagrams showing the locations of microwave zones and camera locations in the Owner Controlled Area and Protected Area. You will be given access to the security door numbers at elevations 594 and 605 leading to the Fuel Building.
JRean1) late- ssrCY- 03 c I-o OP
j WINSTON & STRAWN LLP Diane Curran, Esq..
November 1,2004 Page 2
- 6. You will be given access to a drawing which shows which doors leading to the Fuel Building are hardened for security reasons (denial barriers).
- 7. There are no drawings which show the temporary locations of the MTUs. The position of MTUs during an outage are determined based upon available space and activities being conducted during the outage.
This completes action on your October 20, 2004 letter.
With regard to your October 21, 2004 e-mail to me and the service list, the two additional requested documents, the "Critical Incident Response Plan" and "Integrated Response Plan," are actually one document, with the latter title being an industry-wide generic reference.
The Critical Incident Response Plan was authored by the South Carolina Law Enforcement Division and contains law enforcement sensitive material. It was provided to Duke with the proviso that it be kept confidential and not copied. On that basis, Duke may not provide the document through informal discovery.
With regard to my October 20, 2004 letter to you, I stated that I would notify you when the implementing procedures prepared in connection with Duke's Security Plan Submittal were available for your review. The attached table entitled "Procedures Modified or Deleted as a Result of Revision of Catawba Physical Security Plan" shows the disposition of those procedures which previously been made available to you. The revised and replacement procedures will be made available to you after completion of the NRC Staffs "need-to-know" review.
The MOX-specific Procedure entitled "Receipt and Storage of Unirradiated MOX Fuel Assemblies," Rev. 0, referred to in my October 20, 2004 letter, is now available for your review. It has not yet been through the Duke formal approval process. Under separate cover, Duke is supplementing its response to BREDL Interrogatories Nos. 2 and 3 dated June 19, 2004, to identify an additional potential witness and the facts and opinions to which the designated witnesses will testify. These actions close out all open items in my October 20, 2004 letter to you.
At the October 25, 2004 oral argument, you noted the possibility of your taking the depositions of designated Duke witnesses (Tr. 3726). Because of the need to complete these depositions in a timely manner and in an effort to accommodate the two week period in November when you will be out of the country, I would suggest that any such depositions be scheduled, at the latest, for Monday, November 22, 2004, the morning of Tuesday, November 23, 2004, and be completed, if necessary, on Wednesday morning, November 24, 2004. Any later time would significantly interfere with the preparation of testimony and for trial of Security Contention 5. Please let me know as soon as possible whether you are still planning
WINSTON & STRAWN LLP Diane Curran, Esq.
November 1, 2004 Page 3 to take any depositions of Duke witnesses, their identity, and whether the proposed dates are acceptable as travel arrangements for this holiday period will have to be made at an early time.
Sincerely, Mark J. Wetterhahn Counsel for Duke Energy Corporation cc: Service List
PROCEDURES MODIFIED, REPLACED OR DELETED AS A RESULT OF REVISION OF CATAWVBA PHYSICAL SECURITY PLAN*
Discovery Index Item No. Procedure Provided and Disposition 67 Procedure 213 revised (Rev. 14) 68 Procedure 401 replaced by Procedure 1601 75 Procedure 412 revised (Rev. 33) 85 Procedure 101 replaced by Procedure 1101 86 Procedure 105 replaced by Procedure 1201 88, 89, 90 Procedures 201, 202 and 203 replaced by Procedures 1303 and 1305 92 Procedure 211 replaced by Procedure 1304 93 Procedure 93 replaced by Procedure 1404 94 Procedure 312 deleted TITLES OF PROCEDURES MODIFIED OR REPLACED Number Title Revision SP/C/213 Armed Responder 14 SP/C/412 Significant Security Equipment Degradation Singly and in 33 Combination SP/A/1101-C Security Organizational Structure and Duties of Personnel 0 SP/E/1201-C Security Locks and Keys 0 SP/C/1303-C Security Patrol Requirements 0 SP/O/1304-C Central and Secondary Alarm Station (CAS/SAS) 0 Operations SP/0/1305-C Vehicle Barrier System (VBS) Access Control and Search 0 Other procedures previously provided were not revised.
DC 383612.1