ML071010414
| ML071010414 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/11/2007 |
| From: | Baty M NRC/OGC |
| To: | Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel |
| M C Baty, OGC,301-415-1324 | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 13473 | |
| Download: ML071010414 (10) | |
Text
April 11, 2007 E. Roy Hawkens, Chair Anthony J. Baratta Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul B. Abramson Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 In the Matter of AMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek Nuclear Generating Station)
Docket No. 50-219-LR
Dear Administrative Judges:
Pursuant to 10 C.F.R. §§ 2.1203(c) and 2.336(d), the staff of the Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that it has updated the hearing file and disclosures for this proceeding in accordance with the Boards Memorandum and Order of April 19, 2006, and LBP-06-22, 64 NRC 229 (2006). Materials in this supplement may be accessed through the Agencywide Documents Access and Management System (ADAMS). An index containing the ADAMS accession number, date, and title or description of each item in this supplement is appended hereto as Attachment 1. In addition, on or about Wednesday, April 11, 2007, materials in this supplement will be made available via the Electronic Hearing Docket (EHD), which may be accessed at the following URL:
http://www.nrc.gov/reading-rm/ehd.html/. Materials in Supplement 8 will be contained in a sub-folder entitled, Hearing File Supplement 8 in the Oyster Creek 50-219-LR" folder of the EHD.
The Staff is also updating its deliberative process privilege log at this time, which is appended hereto as Attachment 2. The Staff will preserve and maintain all privileged documents during the pendency of this proceeding. Also attached, are the Affidavit of Donnie J. Ashley, as required by 10 C.F.R. § 2.336(c), and the Declaration of Pao-Tsin Kuo Director of License Renewal, formally invoking the deliberative process privilege.
The final Safety Evaluation Report was issued on March 29, 2007, and distributed to the Board and the Parties by letter dated April 2, 2007.
Sincerely,
/RA/
Mary C. Baty Counsel for the NRC Staff
Enclosures:
Attachment 1: Hearing File Index - Supplement 8 Attachment 2: Privilege Log - Deliberative Process - Supplement 8 Declaration of Pao-Tsin Kuo Affidavit of Donnie J. Ashley cc: See attached Service List
ATTACHMENT 1 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 8 -April 11, 2007 Supp. Accession Number Document Date Title/Description:
No.
08-01 ML070260177 1/17/2007 Fwd e-mail from R. Webster re material condition of the containment drywell shell at Oyster Creek 08-02 ML070380481 1/30/2007 G20070092/LTR-07-0087 - Letter from Rep. Jim Saxton re Oyster Creek - Floor Structure of the Spent Fuel Pool 08-03 ML070400355 1/31/2007 Y020070034 - Letter from State of New Jersey requesting that the NRC require the Oyster Creek Licensee to submit a drywell structural analysis similar to the analysis performed by Sandia National Laboratories 08-04 ML070710422 3/2/2007 Letter from Richard Webster to the NRC re NRCs Response to Violation of NRC Regulations at Oyster Creek Nuclear Power Plant 08-05 ML070440018 3/2/2007 P.T. Kuo letter responding to request to have the NRC require the Oyster Creek Licensee to submit a drywell structural analysis similar to the analysis performed by Sandia National Laboratories 08-06 ML070660411 3/5/2007 2007/03/05-Comment (25) submitted by Richard Webster on Behalf of NIRS, Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, and NJ Public Interest Research Group, NJ Sierra Club, and NJ Environmental Federation on PRM-51-10 08-07 ML070650376 3/8/2007 Memo re ACRS Review of the Oyster Creek Nuclear Generating Station, License Renewal Application Safety Evaluation Report.
08-08 ML070460091 3/8/2007 G20070105/LTR-07-0104 - Ltr. William J. Shack, re Report on the Safety Aspects of the License Renewal Application for the Oyster Creek Generating Station 08-09 ML070440039 3/16/2007 G20070092/LTR-07-0087 - L. Reyes Response to Rep. Jim Saxton Ltr re Oyster Creek - Floor Structure of the Spent Fuel Pool Page 1 of 2
Supp. Accession Number Document Date Title/Description:
No.
08-10 ML070660182 3/16/2007 C. Haney Lrt to R. Webster re Websters November 9, 2006 e-mail to Fuhrmeister re material condition of the containment drywell shell at Oyster Creek Page 2 of 2
ATTACHMENT 2 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 8 - April 11, 2007 Certain documents otherwise subject to inclusion in the hearing file and mandatory disclosures for this proceeding have been determined by the NRC Staff to contain information subject to withholding from public disclosure as predecisional, deliberative information. Pursuant to 10 C.F.R
§ 2.336(b)(5), the Staff is providing this log to identify the following documents withheld under the deliberative process privilege.
PDP Accession Author Title/Description: Document Document Addressee / Comment Page No. Number Name/ Date Type Addressee Count Affiliation: Affiliation DP- ML070870677 Pham B M, E-mail: (NPA-PD) 3/16/2007 E-Mail Benner E J, Discussing 3 08-01 NRC/NRR/ Re: Oyster Creek Emch R L, environmental ADRO/DLR License Condition Franovich R L, requirements for Endangered NRC/NRR Species Act (ESA)
DP- ML070870683 Benner E J, E-mail: (NPA-PD) 3/11/2007 E-Mail Franovich R L, Discussing 2 08-02 NRC/NRR/ Re: Oyster Creek NRC/NRR environmental ADRO/DLR license condition requirements for ESA DP- ML070870680 Emch R L, E-mail: (NPA-PD) 3/16/2007 E-Mail Benner E J, Discussing 3 08-03 NRC/NRR Re: Oyster Creek Franovich R L, environmental license condition NRC/NRR requirements for ESA DP- ML070870604 Franovich R E-mail: (NPA-PD) 3/10/2007 E-Mail Brenner E B, Discussing 3 08-04 L, Re: Oyster Creek NRC/NRR environmental NRC/NRR license condition requirements for ESA Page 1 of 1
April 11, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
(License Renewal for Oyster Creek )
Nuclear Generating Station) )
DECLARATION OF PAO-TSIN KUO I, Pao-Tsin Kuo, do hereby state as follows:
- 1. I am employed as the Director of the Division of License Renewal (DLR) in the Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation (NRR). My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the Oyster Creek Nuclear Generating Station license renewal application.
- 2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified several documents as privileged because they contained information concerning the Staffs deliberative process. Those documents are listed in Attachment 2 to the April 11, 2007, submission of Supplement 8 to the Staffs Hearing File.
- 3. I have personally reviewed the documents identified as privileged in , and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain predecisional information concerning the Staffs review of the license renewal application. All documents contain either the Staffs analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters discussed therein. Each of the documents comprises part of the deliberative process necessary to the Staffs review of the pending license renewal
application.
- 4. Further, I have determined that disclosure of the documents could result in harm to the agency, in that it would (a) prematurely disclose the preliminary views of individual Staff members and/or the Staff prior to reaching a final agency decision, and could thus create confusion as to the actual policy or views of the NRC Staff; (b) hinder the efficiency of the Staff, in that forced disclosure of its internal discussions on an unresolved issue would tend to chill all future deliberations and would interfere with the Staffs ability to engage in a free exchange of opinions and analyses prior to publishing its final review documents; and (c) imply or suggest incorrectly that the opinions of the Staff members involved in these communications are actually the final decisions of the agency, while no such final decision has yet been made.
- 5. Accordingly, I formally invoke the deliberative process privilege with respect to each of the documents listed in Attachment 2 to the April 11, 2007, submission of Supplement 8 to the Staffs Hearing File.
- 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
/Original Signed By/
Pao-Tsin Kuo Executed in Rockville, MD this 11th day of April, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
(License Renewal for Oyster Creek )
Nuclear Generating Station) )
AFFIDAVIT OF DONNIE J. ASHLEY CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(c)
I, Donnie J. Ashley, do hereby state as follows:
- 1. I am employed as a Project Manager in the Division of License Renewal in the Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation. I serve as a project manager for the Oyster Creek Nuclear Generating Stations license renewal application (LRA). Among other things, I am managing the preparation of the hearing file and mandatory disclosures in connection with the LRA at issue in this proceeding.
- 2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. § 2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete as of the date of this certification.
- 3. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
/Original Signed By/
Donnie J. Ashley Executed in Rockville, MD this 11th day of April, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC Staff letter dated April 11, 2007, providing notice of the availability of Supplement 8 to the Hearing File, with attachments, together with the Affidavit of Donnie Ashley and the Declaration of P.T. Kuo in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail, with copies by U.S. mail, first class, this 11th day of April, 2007.
E. Roy Hawkens, Chair Office of the Secretary Administrative Judge ATTN: Docketing and Service Atomic Safety and Licensing Board Mail Stop: O-16C1 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 HEARINGDOCKET@nrc.gov ERH@nrc.gov Office of Commission Appellate Anthony J. Baratta Adjudication Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555-0001 Mail Stop: T-3F23 OCAAMail@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Debra Wolf AJB5@nrc.gov Law Clerk Atomic Safety and Licensing Board Paul B. Abramson Mail Stop: T-3F23 Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555-0001 Mail Stop: T-3F23 DAW1@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Lisa P. Jackson, Commissioner*
PBA@nrc.gov New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 Lisa.Jackson@dep.state.nj.us
Jill Lipoti, Director* Alex S. Polonsky, Esq.*
New Jersey Department of Morgan, Lewis & Bockius LLP Environmental Protection 1111 Pennsylvania Ave., N.W.
Division of Environmental Safety and Health Washington, DC 20004 P.O. Box 424 apolonsky@morganlewis.com Trenton, NJ 08625-0424 Jill.Lipoti@dep.state.nj.us Paul Gunter, Director*
Reactor Watchdog Project Kathryn M. Sutton, Esq.* Nuclear Information Morgan, Lewis & Bockius LLP And Resource Service 1111 Pennsylvania Ave., NW 1424 16th Street, NW, Suite 404 Washington, DC 20004 Washington, DC 20036 ksutton@morganlewis.com pgunter@nirs.org Ron Zak* J. Bradley Fewell, Esq.*
New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 bradley.fewell@exeloncorp.com Trenton, NJ 08625-0415 Ron.Zak@dep.state.nj.us John A. Covino, Esq.*
Valerie Anne Gray, Esq.
Suzanne Leta* Deputy Attorneys General New Jersey Public Interest Research Group Division of Law 11 N. Willow St. Environmental Permitting and Counseling Trenton, NJ 08608 Section sleta@njpirg.org Hughes Justice Complex P.O. Box 093 Donald Silverman, Esq.* Trenton, NJ 08625 Morgan, Lewis, & Bockius LLP john.covino@dol.lps.state.nj.us 1111 Pennsylvania Avenue, NW Valerie.Gray@dol.lps.state.nj.us Washington, DC 20004 dsilverman@morganlewis.com Richard Webster, Esq.*
Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 07102-5695 rwebster@kinoy.rutgers.edu
/RA/
Mary C. Baty Counsel for the NRC Staff