ML071240096
| ML071240096 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 05/03/2007 |
| From: | Baty M NRC/OGC |
| To: | Elleman T, Karlin A, Richard Wardwell Atomic Safety and Licensing Board Panel |
| M C Baty, OGC,301-415-1324 | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 13570 | |
| Download: ML071240096 (10) | |
Text
May 3, 2007 Administrative Judge Administrative Judge Alex S. Karlin, Chairman Dr. Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-LR; ASLBP No. 06-849-03-LR
Dear Administrative Judges:
The NRC Staff hereby provides its monthly status report and notice that it has updated the hearing file for this proceeding pursuant to 10 C.F.R. § 2.336(d). An index containing the ADAMS accession number, date, and title or description of each item in the hearing file is appended hereto as Attachment 1. The Staff is also producing, as Attachment 2, updates to its privilege logs as required by 10 C.F.R. § 2.336(b)(5), and is continuing to preserve and maintain all privileged documents during the pendency of this proceeding. Also attached are the Affidavit of Jonathan G. Rowley, as required by 10 C.F.R. § 2.336(c), and the Declaration of Pao-Tsin Kuo, Director of the Division of License Renewal, formally invoking the deliberative process privilege.
The Safety Evaluation Report with Confirmatory Items was issued on March 30, 2007, and distributed to the parties by letter dated April 2, 2007. There have been no changes to the Staffs schedule for the issuance of its Safety Evaluation Report and Final Supplemental Environmental Impact Statement.
Sincerely,
/RA/
Mary C. Baty Counsel for NRC Staff
Enclosures:
Hearing File Index Privilege Log - Deliberative Process Affidavit of Jonathan G. Rowley Declaration of Pao-Tsin Kuo cc: Attached Service List
ATTACHMENT 1 VERMONT YANKEE LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 6- May 3, 2007 ID # Accession Number Document Date Title/Description:
06-01 ML060050024 3/2/2006 Vermont Yankee, License Amendment 229 regarding Extended Power Uprate.
06-02 ML070950593 3/20/2007 Email from M. Hamer, Entergy dtd 03/20/2007 Re: FW: LRA Amendment 25.
06-03 ML070950577 3/20/2007 Email from M. Hamer, Entergy dtd 03/20/2007, Re: Vermont Yankee LRA Page B-43.
06-04 ML070950465 3/20/2007 Email From M. Hamer, Entergy dtd 3/20/07 Re: FW: 3/20/07 NRC Cable Issue Teleconference.
06-05 ML070880709 3/23/2007 Vermont Yankee, License Renewal Application, Amendment 26.
06-06 ML070860158 3/29/2007 Audit and Review Report for Plant Aging Management Programs, Aging Management Reviews, and Time-Limit Aging Analysis for the Vermont Yankee Nuclear Power Station License Renewal Application.
06-07 ML070860005 3/29/2007 Audit and Review Report for Plant Aging Management Reviews and Programs, Vermont Yankee Nuclear Power Station.
06-08 ML071150027 3/30/2007 E-mail: Audit and Review Report.
06-09 ML071150275 3/30/2007 Email: VY SER With Confirmatory Items.
06-10 ML070890638 3/30/2007 Safety Evaluation Report With Confirmatory Items Related to the License Renewal of Vermont Yankee Nuclear Power Station.
06-11 ML070870500 3/30/2007 Transmittal of Safety Evaluation Report With Confirmatory Items Related to the License Renewal of Vermont Yankee Nuclear Power Station.
06-12 ML070950500 4/2/2007 Second of 2 Message 04-02-07.
06-13 ML070740691 4/3/2007 ACRS Review of the Vermont Yankee Nuclear Power Station, License Renewal Application - Safety Evaluation Report.
Page 1 of 2
ID # Accession Number Document Date Title/Description:
06-14 ML071060013 4/5/2007 Email message from R. Emch, NRC, to L. DeWald, Entergy, dated April 5, 2007 requesting information regarding cooling tower drift at Vermont Yankee.
06-15 ML070990383 4/6/2007 Email from L. Dewald, Entergy, to R. Emch dated 4/6/2007, NRC, Providing Information from 12/23/2003 Hearing Interrogatory Regarding Cooling Tower Drift.
06-16 ML070990410 4/6/2007 Email from L. Dewald, Entergy, to R. Emch dated 4/6/2007, NRC, Providing Extended Power Uprate Cooling Tower Evaporative Loss Study for Vermont Yankee.
06-17 ML070860303 4/11/2007 Summary of Telephone Conference Call Held on February 12, 2007, Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc.,
Concerning RAI Pertaining to The Vermont Yankee Nuclear Power Station, License Renewal Application.
06-18 ML070860152 4/11/2007 Summary of Telephone Conference Call Held on January 30, 2007, Between the NRC and Entergy Nuclear Operations, Inc., Concerning Requests for Additional Information Pertaining to the Vermont Yankee Nuclear Power Station, License Renewal Application.
06-19 ML071150024 4/16/2007 E-Mail: More Summaries.
06-20 ML071010342 4/17/2007 03/14/2007 Summary of Telephone Conference Call Held Between The Nuclear Regulatory Commission and Entergy Nuclear Operation, Inc., Pertaining to The Vermont Yankee Nuclear Power Station License Renewal Application.
06-21 ML071000553 4/17/2007 Summary of Telephone Conference Call Held on March 13, 2007, Between The U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc.,
Concerning the VYNPS License Renewal Application.
Page 2 of 2
ATTACHMENT 2 VERMONT YANKEE LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 6 - May 3, 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.
Doc. Accession Author Title/Description: Document Document Addressee / Comment Page No. Number Name/ Date Type Addressee Count Affiliation: Affiliation DP- ML071200232 Modes M C, PD_Email from M. 2/16/2007 E-Mail, Meyer G W, Discussing plant 4 06-01 NRC/RGN- Modes to G. Meyer Graphics NRC/RGN- inspections I/DRS/EB1 dtd 02/16/2007 - Re: incl Charts I/DRS/EB1 Pilgrim - VY and Tables Comparison.
Page 1 of 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station) )
AFFIDAVIT OF JONATHAN G. ROWLEY CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(c)
I, Jonathan G. Rowley, 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 Vermont Yankee Nuclear Power Stations license renewal application (LRA).
- 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 Jonathan G. Rowley Executed in Rockville, MD this 3rd day of May, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power 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 Vermont Yankee Nuclear Power 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 May 3, 2007 submission of the Staffs Hearing File.
- 3. I have personally reviewed the documents identified as privileged in Attachment 2, 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 these 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 May 3, 2007 submission of 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 3rd day of May, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC Staff letter dated May 3, 2007, providing notice of the availability of the hearing file, with attachments, together with the affidavit of Jonathan G.
Rowley and the declaration of Pao-Tsin 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 3rd day of May 2007.
Administrative Judge Administrative Judge Alex S. Karlin, Chair Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: rew@nrc.gov Administrative Judge Office of the Secretary Thomas S. Elleman* Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O-16C1 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 E-mail: elleman@eos.ncsu.edu E-mail: hearingdocket@nrc.gov Office of Commission Appellate Sarah Hofmann, Esq.*
Adjudication Director of Public Advocacy Mail Stop: O-16C1 Department of Public Service U.S. Nuclear Regulatory Commission 112 State Street - Drawer 20 Washington, DC 20555-0001 Montpelier, VT 05620-2601 E-mail: OCAAmail@nrc.gov E-mail: sarah.hofmann@state.vt.us
Ronald A. Shems, Esq.* Anthony Z. Roisman, Esq.*
Karen Tyler, Esq. National Legal Scholars Law Firm Shems Dunkiel Kassel & Saunders, PLLC 84 East Thetford Rd.
91 College Street Lyme, NH 03768 Burlington, VT 05401 E-mail: aroisman@nationallegalscholars.com E-mail: rshems@sdkslaw.com Ktyler@sdkslaw.com David R. Lewis, Esq.*
Matias F. Travieso-Diaz Jennifer J. Patterson, Esq.* Pillsbury Winthrop Shaw Pittman LLP Office of the New Hampshire 2300 N Street, NW Attorney General Washington, DC 20037-1128 33 Capitol Street E-mail: david.lewis@pillsburylaw.com Concord, NH 03301 matias.travieso-diaz@pillsburylaw.com E-mail: jennifer.patterson@doj.nh.gov Marcia Carpentier, Esq.
Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7@nrc.gov
/RA/
Mary C. Baty Counsel for NRC Staff