ML073270243
| ML073270243 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/21/2007 |
| From: | Sexton K 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 14676 | |
| Download: ML073270243 (8) | |
Text
November 21, 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). Pursuant to 10 C.F.R. § 2.1203(c) the Staff herein notifies the Licensing Board and the parties that the Staff has no new mandatory disclosures, but will inform the Board if information warranting disclosure comes to light. However, the Staff is producing, as Attachment 1, 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
R. Cole P. Abramson A. Young 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/
Kimberly A. Sexton Counsel for the NRC Staff
Enclosures:
Privilege Log - Deliberative Process Affidavit of Perry Buckberg Declaration of Pao-Tsin Kuo cc: Attached Service List
ATTACHMENT 1: PILGRIM NUCLEAR POWER STATION LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 16: November 21, 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 16-01 ML0731805 NRC 2007/11/01 Pilgrim 11/1/2007 E-Mail NRR/DLR Internal discussion 8 59 Renewal Hearing - on SER input Re: Status of Fitzpatricks followup submittals 16-02 ML0731805 NRC 2007/11/06 Pilgrim 11/6/2007 E-Mail NRR/DLR Internal discussion 95 56 Renewal Hearing - relating to Fwd: Pilgrim witnesses for Documents Pilgrim hearing
November 21, 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) )
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 there are no relevant materials required to be disclosed pursuant to 10 C.F.R. § 2.336 (b) and (c) in the captioned proceeding, and that this information is 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 21st day of November, 2007
November 21, 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 1 to the November 21, 2007, submission of the Staffs Hearing File.
- 3. I have personally reviewed the documents identified as privileged in Attachment 1, 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 1 to the November 21, 2007 submission of the Hearing File Supplement 16.
- 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 21st day of November, 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 21st day of November 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 E-mail: rfc1@nrc.gov E-mail: pba@nrc.gov Administrative Judge* Office of Commission Appellate
- Ann Marshall Young, Chair Adjudication Atomic Safety and Licensing Board Panel 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 E-mail: OCAAMail@nrc.gov E-mail: amy@nrc.gov Sheila Slocum Hollis** Office of the Secretary*
Duane Morris LLP Attn: Rulemaking and Adjudications Staff 1667 K Street, NW, Suite 700 Mail Stop: O-16C1 Washington, DC 20006 U.S. Nuclear Regulatory Commission E-mail: sshollis@duanemorris.com Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov
Atomic Safety and Licensing Board* Terence A. Burke, Esq.**
Mail Stop: T-3 F23 Entergy Nuclear U.S. Nuclear Regulatory Commission 1340 Echelon Parkway Washington, DC 20555-0001 Mail Stop: M-ECH-62 Jackson, MS 39213 Mary Lampert David R. Lewis, Esq.**
148 Washington Street Paul A. Gaukler, Esq.
Duxbury, MA 02332 Pillsbury, Winthrop, Shaw, Pittman, LLP E- mail: lampert@adelphia.net 2300 N Street, NW Washington, DC 20037-1137 E-mail: david.lewis@pillsburylaw.com paul.gaukler@pillsburylaw.com Chief Kevin M. Nord** Town Manager**
Fire Chief & Director Duxbury Emergency Town of Plymouth Management Agency 11 Lincoln St.
668 Tremont Street Plymouth, MA 02360 Duxbury, MA 02332 E-mail: msylvia@townhall.plymouth.ma.us E-mail: nord@town.duxbury.ma.us Fax: 781-934-6530
/RA/
Kimberly A. Sexton Counsel for the NRC Staff