ML072740116
| ML072740116 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 09/28/2007 |
| From: | Andrea Silvia NRC/OGC |
| To: | Abramson P, Cole R, Austin Young Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS 14195 | |
| Download: ML072740116 (10) | |
Text
September 28, 2007 Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair 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 Generation Company and Entergy Nuclear Operations, Inc.
(Pilgrim Nuclear Power Station)
Docket No. 50-293-LR; ASLBP No. 06-848-02-LR
Dear Administrative Judges:
The NRC Staff hereby provides its notice that it has updated the hearing file for this proceeding pursuant to 10 C.F.R. § 2.336(d) as modified by the Board's Order Regarding Schedule for Proceeding and Related Matters (November 29, 2006). 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
R. Cole P. Abramson A. Young proceeding. Also attached are the Affidavit of Perry Buckberg, 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.
Sincerely,
/RA/
Andrea L. Silvia Counsel for the NRC Staff
Enclosures:
Hearing File Index Privilege Log - Deliberative Process Affidavit of Perry Buckberg Declaration of Pao-Tsin Kuo cc:
Attached Service List
ATTACHMENT 1:
PILGRIM LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 12-September 28, 2007 Accession Number Document Date Title/Description:
12-01 ML072530516 8/23/2007 Pilgrim, License Renewal Application Commitment 47 Response.
12-02 ML072470403 8/28/2007 Pilgrim Nuclear Power Station License Renewal Application Amendment 20.
12-03 ML072680019 8/31/2007 2007/08/31 Pilgrim Renewal Hearing - Pilgrim Nuclear Power Station FEIS Comments 12-04 ML072390007 8/31/2007 Summary of Telephone Conference Call Held on August 23, 2007, Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc.,
Concerning Requests for Additional Information Pertaining to Pilgrim Nuclear Power Station, License Renewal 12-05 ML072670307 9/5/2007 2007/09/05 Pilgrim Renewal Hearing - Pilgrim P-T Curve Extension 12-06 ML072430264 9/7/2007 08/30/2007 Summary of Telephone Conference Call Between the U.S. NRC and Entergy Nuclear Operations, Inc., to Discuss and Clarify Commitment No. 47 Pertaining to the Pilgrim Nuclear Power Station License Renewal Application.
12-07 ML072670304 9/12/2007 2007/09/12 Pilgrim Renewal Hearing - Pilgrim Letter 2.07.078-Fluence benchmarking action plan
ATTACHMENT 2: PILGRIM NUCLEAR POWER STATION LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 12: September 28, 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 No.
Accession Number Author Name/
Affiliation:
Title/Description:
Document Date Document Type Addressee /
Addressee Affiliation Comment Page Count 12-01 ML072670314 NRC 2007/09/04 Pilgrim Renewal Hearing -
Clean and Redline Version of chapter 3 and 4.
9/4/2007 E-Mail NRR/DLR Draft input on supplemental SER 13 12-02 ML072670324 NRC 2007/09/04 Pilgrim Renewal Hearing -
Supp SER 9/4/2007 E-Mail Draft supplemental SER 73 12-03 ML072480011 Collins S J, NRC/RGN-I/ORA Pilgrim Nuclear Power Station License Renewal Inspection.
9/4/2007 Memorandum Dyer J E, NRC/NRR Internal discussion relating to Pilgrim license renewal inspection 3
12-04 ML072670308 NRC 2007/09/05 Pilgrim Renewal Hearing -
Fwd: Pilgrim Fracture Toughness 9/5/2007 E-Mail NRR/DLR Internal discussion of final SER 3
PDP No.
Accession Number Author Name/
Affiliation:
Title/Description:
Document Date Document Type Addressee /
Addressee Affiliation Comment Page Count 12-05 ML072670309 NRC 2007/09/05 Pilgrim Renewal Hearing -
Pilgrim Fracture Toughness 9/5/2007 E-Mail NRR/DLR Internal discussion of final SER 2
12-06 ML072670306 NRC 2007/09/05 Pilgrim Renewal Hearing -
Regarding Your Email to Perry Buckberg on Fracture Toughness 9/5/2007 E-Mail NRR/DLR Internal discussion of final SER 2
September 28, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ENTERGY NUCLEAR GENERATION
)
Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR
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OPERATIONS, INC.
)
ASLBP No. 06-848-02-LR
)
(Pilgrim Nuclear Power Station)
)
AFFIDAVIT OF PERRY BUCKBERG CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(c)
I, Perry Buckberg, 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 Pilgrim 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/
Perry Buckberg Executed in Rockville, MD this 28th day of September, 2007
September 28, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ENTERGY NUCLEAR GENERATION
)
Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR
)
OPERATIONS, INC.
)
ASLBP No. 06-848-02-LR
)
(Pilgrim 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 Licensing 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 Pilgrim 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 September 28, 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 September 28, 2007 submission of the Hearing File Supplement 12.
- 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 28th day of September, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC. )
Docket No. 50-293-LR
)
(Pilgrim Nuclear Power Station)
)
ASLBP No. 06-848-02-LR
)
CERTIFICATE OF SERVICE I hereby certify that copies of the letter notifying the administrative judges and the parties that the hearing file and mandatory disclosures, privilege log, accompanying declaration, and affidavit in the above-captioned proceeding have been served on the following by electronic mail and deposit in the U.S. Mail Service or by deposit in the U.S. Nuclear Regulatory Commissions internal mail system as indicated by a single asterisk(*), or by deposit in the U.S. mail system, as indicated by a double asterisk (**) this 28th day of September 2007.
Administrative Judge*
Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rfc1@nrc.gov Administrative Judge*
Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: amy@nrc.gov Sheila Slocum Hollis**
Duane Morris LLP 1667 K Street, NW, Suite 700 Washington, DC 20006 E-mail: sshollis@duanemorris.com Administrative Judge*
Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: pba@nrc.gov Office of Commission Appellate
- Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAMail@nrc.gov Office of the Secretary*
Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board*
Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mary Lampert**
Pilgrim Watch 148 Washington Street Duxbury, MA 02332 E-mail: mary.lampert@comcast.net Chief Kevin M. Nord**
Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332 E-mail: nord@town.duxbury.ma.us Fax: 781-934-6530 Terence A. Burke, Esq.**
Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62 Jackson, MS 39213 David R. Lewis, Esq.**
Paul A. Gaukler, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1137 E-mail: david.lewis@pillsburylaw.com paul.gaukler@pillsburylaw.com Town Manager**
Town of Plymouth 11 Lincoln St.
Plymouth, MA 02360 E-mail: msylvia@townhall.plymouth.ma.us
/RA/
Andrea L. Silvia Counsel for the NRC Staff