ML090890837

Indian Point - Hearing File Update - Supplement 2

ML090890837
Person / Time
Site:	Indian Point
Issue date:	03/30/2009
From:	Harris B, Sherwin Turk NRC/OGC
To:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS E-239
Download: ML090890837 (10)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 OFFICE OF THE March 30, 2009 GENERAL COUNSEL Administrative Judge Administrative Judge Lawrence G. McDade, Chair Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Dr. Kaye D. Lathrop 190 Cedar Lane East Ridgeway, CO 81432 In the Matter of ENTERGY NUCLEAR OPERA-I-IONS, INC.

(Indian Point Nuclear Generating Station Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR

Dear Administrative Judges:

Pursuant to the Atomic Safety and Licensing Board's December 18, 2008, "Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G)," slip op. at 13, and the Licensing Board's "Order (Granting Consent Motion Regarding Mandatory Disclosures)," dated January 30, 2009, at I , the staff of the U.S. Nuclear Regulatory Commission ("Staff') herein notifies the Licensing Board and the parties that the hearing file has been supplemented for this proceeding. The hearing file includes materials required pursuant to 10 C.F.R. § 2.1203, the Staff's mandatory disclosures under 10 C.F.R. § 2.336(b),

and the Licensing Board's Order of January 30, 2009, addressing Consolidated Contention Riverkeeper EC-3lCleawater EC-1. Materials in the hearing file 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 Hearing File Index, Supplement 2 is appended hereto as Attachment 1.

On or about April 3, 2009, the newly identified documents in the hearirrg file will be made available via the Electronic Hearing Docket ("EHD"), which may be accessed at the following URL: htt~://ehd.nrc.nov/EHDProceedinn/home.asp. The hearing file will be contained in a sub-folder entitled, "Indian PT Hearing File, Supplement 2" in the "Indian-PT-2&3-50-247&50-286-LR" folder of the EHD.

In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing an updated privilege log, identifying documents withheld under the deliberative process privilege, which are appended hereto as Attachment 2. Also, attached is the Declaration of Brian E. Holian formally

Judge McDade March 30, 2009 Judge Lathrop Judge Wardwell invoking the deliberative process privilege with respect to each of the documents in . The Staff will preserve and maintain the privileged documents identified in these logs during the pendency of this proceeding.

Further, pursuant to 10 C.F.R. 9 2.336(c), attached is the Affidavit of Andrew L. Stuyvenberg, certifying that all relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete as to documents identified by March 20, 2009 (except for groundwater-related documents which the Staff identified previously and which have not yet been entered into ADAMS by the Office of Information Services).

The Staff also notes that four privileged documents were inadvertently listed as publicly available in Attachment 1 to Hearing File Supplement 1, transmitted on February 27, 2009 (Document ID Nos.01-069, 01-070,01-071, and 01-073 Those four documents had been withheld from public disclosure and should have been included in the Staff's deliberative process privilege log, "Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 1 - February 27, 2009." Those four documents have now been identified as privileged and are included on the Attachment 2 to this letter as Document Nos. DPP-02-002, DPP-02-003, DPP-02-004, and DPP-02-005.

Finally, the NRC Staff notes that it has made a good faith effort to identify and characterize all documents meeting the criteria of 10 C.F.R. § 2.336(b) and 10 C.F.R. § 2.1203 in this proceeding. In identifying these documents, the Staff does not concede their relevance to the license renewal issues to be decided in this proceeding.

Sincerely, Brian G. Harris Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 2 Attachment 2 - Privilege Log - Deliberative Process Declaration of Brian E. Holian Affidavit of Andrew L. Stuyvenberg cc wIEncls.: Service List

Attachment 1 - lndian Point License Renewal Hearing File Index Supplement 2 - March 30, 2009 ID # Accession Number Document Date Title 2009l02124 lndian Point LR Hearing - Draft RAls for 5 Open 02-001 ML090550981 2/24/2009 Items 2009l02125 lndian Point LR Hearing - RE: lndian Point:

02-002 ML090560796 2/25/2009 NUREG-1437 02-003 , ML090680256 3/9/2009 2009/03/09 Indian Point LR Hearing - Draft Telecon Summary 2009/03/16 lndian Point LR Hearing - RE: lndian Point Units 2 02-004 ML090750632 311612009 & 3 2009103117 lndian Point LR Hearing - revised draft RAls02-005 ML090761271 311712009 regarding Open Items 2009/03119 lndian Point LR Hearing - RE: lndian Point 02-006 ML090780177 311912009 Coordination Summary of Teleconference Held on January 27, 2009, Between the USNRC Staff and Entergy Representatives to Discuss NRC Analysis of Aquatic Impacts in Supplement 38

,02-007 ML090540426 2/26/2009 NUREG-1437.

Page 1 of 1

Attachment 2 - lndian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 2 - March 30, 2009 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 disclosures as predecisional, deliberative information. Pursuant to 10 C.F.R. 5 2.336(b)(5), the Staff is providing this log to identify the following documents, withheld under the "deliberative process" privilege.

IID # l~ccession l ~ u t h oName1 r I IDocument I l~age I Number Affliation Title Date Document Type Comment count DPP M McLaughlin Preliminary Conclusions of NRC assessment of IPEC relative 001 ML090560301 NRCIRGN-I to contaminated ground-water condition. 2/5/2008 E-Mail Drafl Report 3 DPP A Stuyvenberg Internal transmission of

002 ML090300342 NRCl NRR 2008/07/03 Indian Point LR Hearing - Chapter 3. 7/3/2008 E-Mail comments regarding SER 18 DPP A Stuyvenberg Internal transmission of 003 ML090300340 NRCl NRR 2008/07/06 Indian Point LR Hearing - Re: Chapter 3. 7/6/2008 E-Mail comments regarding SER 3 I I 05000247-08-006 and 05000286-08-006; on January 28 -

June 6, 2008; lndian Point Nuclear Generating Unit Nos. 2 and 3; Scoping of Non-Safety Systems and the Proposed Aging Drafl Inspection DPP R Conte NRCl RGN. Management Procedures for the Indian Point Application for Report 004 ,ML082180323 1 Renewed License, Drafl. 711112008 Letter Drafl Letter 23 DPP 2008/07/24 Indian Point LR Hearing - Needs for Cumulative in Internal transmission of 005 ML090300341 ,D Logan NRCI NRR Ecology. 7/24/2008 E-Mail comments regarding SER 3 Page 1 of 1

March 30, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

j ENTERGY NUCLEAR OPERATIONS, INC. 1 Docket Nos. 50-246 & 50-286-LR 1

) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Ur~its2 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 documents as privileged because they contained information concerning the Staff's pre-decisional deliberative process. 'Those documents are listed in Attachment 2 to the March 30, 2009 submission of the Staff's Hearing File Index Supplement 2.

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

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 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 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 March 30, 2009 submission of the Staff's Hearing File Index Supplement 2.

6. 1 declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.

Brian E. Holian Executed in Rockville, Maryland this 30th day of March, 2009

March 30, 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. 50-246 & 50-286-LR OPERATIONS, INC. ) 1

) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generation Station, )

Units 2 and 3) )

AFFIDAVIT OF ANDREW L. STUWENBERG CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. 6 2.336(b)

I, Andrew L. Stuyvenberg, do hereby state as follows:

1. I am employed as a Project Manager in the Division of License Renewal in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I serve as a project manager for the Indian Point Nuclear Generating Station, Units 2 and 3 license renewal application ("LRA"). Among other things, I am managing the preparation of the hearirlg 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. 5 2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete for documents identified as of March 20, 2009, except with respect to Agencywide Documents Access and Management System Accession Nos, for documents still being processed by the NRC Office of Information Services.

3. 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 30th day of March, 2009

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-2471286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) 1 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ""Letter to the ASLB regarding the Indian Point Hearing File, including: Attachment 1 - Indian Point License Renewal Hearing File Index, Supplement 2; Attachment 2 -Indian Point License Renewal Hearing File Index, Deliberative Process Privilege Supplement 2; Declaration of Brian E. Holian, dated March 30, 2009, and Affidavit of Andrew L. Stuyvenberg, dated March 30, 2009, have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, as indicated by an asterisk, or by deposit in the U.S. Postal Service, with copies by electronic mail, as indicated by double asterisk, this 30th day of March 2009:

Lawrence G. McDade, Chair* Office of Commission Appellate Atorrric Safety and Licensiqg Board Panel Adjudication*

Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: LGMI @nrc.gov E-mail: OCAAMAIL@nrc.gov Dr. Richard E. Wardwell* Office of the Secretary*

Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23 Mail Stop: 0-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: REW@nrc.gov E-mail: HEARINGDOCKET@nrc.qov Dr. Kaye D. Lathrop* Zachary S. Kahn*

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 190 Cedar Lane E. Mail Stop - T-3 F23 Ridgway, CO 81432 U.S. Nuclear Regulatory Commission E-mail: KDL2@nrc.gov Washington, DC 20555-0001 E-mail: ZXKl @nrc.gov

Atomic Safety and Licensing Board Panel* John Louis Parker, Esq.**

U.S. Nuclear Regulatory Commission Office of General Counsel, Region 3 Mail Stop: T-3 F23 New York State Department of Washington, DC 20555-0001 Environmental conservation (Via Internal Mail Only) 21 South Putt Corners Road New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Kathryn M. Sutton, Esq.** Mylan L. Denerstein, Esq.**

Paul M. Bessette, Esq. Janice A. Dean, Esq.

Martin J. O'Neill, Esq. Executive Deputy Attorney General, Morgan, Lewis & Bockius, LLP Social Justice 1111 Pennsylvania Avenue, NW Office of the Attorney General Washington, D.C. 20004 of the State of New York E-mail: ksutton@morganlewis.com 120 Broadway, 25thFloor E-mail: pbessette@morganlewis.com New York, NY 10271 E-mail: martin.o'neill~moraanlewis.com E-mail: mvlan.denerstein@oag.state.ny.us janice.dean@oag.state.nv.us Elise N. Zoli, Esq.** John J. Sipos, Esq.**

Goodwin Procter, LLP Charlie Donaldson, Esq.

Exchange Place Assistants Attorney General 53 State Street New York State Department of Law Boston, MA 02109 Environmental Protection Bureau E-mail: ezoli@qoodwinprocter.com The Capitol Albany, NY 12224 E-mail: john.sipos@,oaq.state.nv.us William C. Dennis, Esq.** Joan Leary Matthews, Esq.**

Assistant General Counsel Senior Attorney for Special Projects Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental Conservation White Plains, NY 10601 Office of the General Counsel E-mail: wdennis@entergy.com 625 Broadway, 14'h lo or Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.nv.us Justin D. Pruyne, Esq.** Michael J. Delaney, Esq.**

Assistant County Attorney Vice President - Energy Department Office of the Westchester County Attorney New York City Economic Development 148 Martine Avenue, 6thFloor Corporation (NYCDEC)

White Plains, NY 10601 110 William Street E-mail: jd~3@westchesteraov.com New York, NY 10038 E-mail: mdelanev@nvcedc.com

Daniel E. O'Neill, Mayor** Manna Jo Greene*"

James Seirmarco, M.S. Hudson River Sloop Clearwater, Inc.

Village of Buchanan 112 Little Market Street Municipal Building Poughkeepsie, NY 12601 Buchanan, NY 10511-1298 E-mail: Mannaio@clearwater.orq E-mail: vob@bestweb.net Darriel Riesel, Esq*". Diane Curran, Esq.**

Thomas F. Wood, Esq. Harmon, Curran, Spielberg & Eisenberg, LLP Ms. Jessica Steinberg, J.D. 1726 M Street, NW, Suite 600 Sive, Paget & Riesel, P.C. Washington, D.C. 20036 460 Park Avenue E-mail: dcurran@harmoncurran.com New York, NY 10022 E-mail: driesel@sprlaw.com jsteinber&Qs~rlaw.com Robert Snook, Esq.** Victor Tafur, Esq.**

Office of the Attorney General Phillip Musegaas, Esq.

State of Connecticut Riverkeeper, Inc.

55 Elm Street 828 South Broadway P.O. Box 120 Tarrytown, NY 10591 Hartford, CN 06141-0120 E-mail: phillip@riverkeeper.org E-mail: robert.snook@po.state.ct.us vtafur@riverkeeper.orq BF&. Harris Counsel for NRC Staff