ML090620459
| ML090620459 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/27/2009 |
| From: | Brian Holian Division of License Renewal |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML090620151 | List: |
| References | |
| 50-247-LR, 50-286-LR | |
| Download: ML090620459 (2) | |
Text
February 27,2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ENTERGY NUCLEAR OPERATIONS, INC. Docket Nos. 50-247 & 50-286-LR (Indian Point Nuclear Generating Units 2 and 3) )
DECLARATION OF BRIAN E. HOLIAN I, Brian E. Holian, do hereby state as follows:
- 1. I am employed as the Director of the Division of Licensing Renewal ("DLR) in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation
("NRR). My supervisory responsibilities include oversight of the NRC Staff's review and evaluation of the Indian Point Nuclear Generating Station Units 2 and 3 license renewal application.
- 2. As part of their responsibilities in updating the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified certain r
documents as privileged because they contained information concerning the Staff's pre-decisional deliberative process. Those documents are listed in Attachment 2 to the February 27, 2009 submission of the Staff's Hearing File Index Supplement 1.
- 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 pre-decisional information concerning the Staff's review of the license renewal application. All documents contain either Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the
-L-matters discussed therein. Each of the documents comprises part of the deliberative process necessary for the Staff's 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 andlor 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 Staff's 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 February 27, 2009 submission of the Staff's Hearing File Index Supplement 1.
- 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
Executed in Rockville, Maryland this 27th day of February, 2009