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Category:Legal-Hearing File
MONTHYEARML14363A5102014-12-0101 December 2014 Statement of Intent to Use Joint Appendix ML1024305362010-08-31031 August 2010 NRC Staff Letter to ASLB Regarding NRC Staff August 2010 Hearing File Supplement ML1021102892010-07-30030 July 2010 NRC Staff Letter to ASLB Regarding NRC Staff July 2010 Hearing File Supplement ML1018104482010-06-30030 June 2010 NRC Staff Letter to ASLB Regarding NRC Staff June 2010 Hearing File Supplement ML1016903782010-06-18018 June 2010 NRC Staff Letter to ASLB Regarding NRC Staff Mandatory Disclosures 2010 ML1014800772010-05-28028 May 2010 2010/05/28-NRC Staff Letter Submittal of Prairie Island License Renewal License Renewal Hearing File and Mandatory Disclosures Update Hearing File Index and Privilege Log - May 2010 ML1012005912010-04-30030 April 2010 2010/04/30-NRC Staff Transmittal Letter Dated April 30, 2010, Attachment 1 - Prairie Island License Renewal Hearing File and Mandatory Disclosures Update Hearing File Index - April 2010 ML1012005902010-04-30030 April 2010 NRC Staff Transmittal Letter Dated April 30, 2010, Attachment 2 - Affidavit of Elaine M Keegan Concerning Mandatory Disclosure Requirements of 10 C.F.R. Section 2.336(b) ML1012005892010-04-30030 April 2010 NRC Staff Notifying Licensing Board and the Parties That the the Hearing File Has Been Updated for Prairie Island, Units 1 and 2 ML1009002952010-03-31031 March 2010 March 2010 Transmittal Letter for Hearing File ML1005702872010-02-26026 February 2010 Notification That Staff Has Not Identified Any New Documents or Materials Requiring Disclosure Since Last Letter of 01/29/2010 and the Last Hearing File on 12/31/2009 ML1002908572010-01-29029 January 2010 Transmittal Letter for Hearing File Re Notification That NRC Staff Has Not Identified Any New Documents or Materials Requiring Disclosure Since Last Update to Hearing File on 12/31/2009 ML0936500912009-12-31031 December 2009 NRC Staff December 2009 Hearing File Update ML0936500922009-12-31031 December 2009 Hearing File & Mandatory Disclosures Privilege Log December 2009, Update ML0936500932009-12-31031 December 2009 Affidavit of Richard A. Plasse, Jr, Concerning Mandatory Disclosure Requirement of 10 CFR 2.336(b) ML0936500952009-12-31031 December 2009 Declaration of Brian E. Holian ML0936500962009-12-31031 December 2009 2009/12/31-Prairie Island License Renewal Hearing File & Mandatory Disclosures - Update Hearing File Index - December 2009 ML0936500942009-12-31031 December 2009 Affidavit of Elaine M. Keegan Re Mandatory Disclosure Requirement of 10 CFR 2.336(b) ML0933404942009-11-30030 November 2009 Northern States Power Co., (Prairie Island, Units 1 and 2), Affidavit of Richard A. Plasse, Concerning Mandatory Disclosure Requirement of 10 C.F.R. 2.336(b) ML0933404932009-11-30030 November 2009 Northern States Power Co., (Prairie Island, Units 1 and 2), Hearing File Update for Proceeding ML0933404922009-11-30030 November 2009 2009/11/30-Northern States Power Co.,- Prairie Island License Renewal Hearing File and Mandatory Disclosures Updated Hearing File Index -- November 2009 - Attachment 1 ML0930302222009-10-30030 October 2009 NRC Staff Transmittal Letter Dated October 30, 2009, Declaration of Brian E. Holian ML0930302252009-10-30030 October 2009 Attachment 1 - Hearing File and Mandatory Disclosures Privilege Log, October 2009, Update ML0930302272009-10-30030 October 2009 NRC Staff Transmittal Letter to the Licensing Board and the Parties That a Hearing File Has Been Updated in the Matter of Northern States Power Co., Prairie Island Nuclear Generating Plants, Units 1 and 2 ML0930302282009-10-30030 October 2009 NRC Staff Transmittal Letter Dated October 30, 2009, Attachment 4, Affidavit of Richard A. Plasse, Jr ML0930302292009-10-30030 October 2009 NRC Staff Transmittal Letter Dated October 30, 2009, Attachment 3, Affidavit of Elaine M. Keegan ML0927305112009-09-30030 September 2009 in the Matter of Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2) ML0927305102009-09-30030 September 2009 Hearing File and Mandatory Disclosures Privilege Log September 2009, Update, Attachment 2 ML0927305092009-09-30030 September 2009 Affidavit of Richard A. Plasse, Jr. Concerning Mandatory Disclosure Requirement of 10 C.F.R. 2.336(b), Attachment 5 ML0927305082009-09-30030 September 2009 Affidavit of Nathan E. Goodman Concerning Mandatory Disclosure Requirement 10 C.F.R. 2.336(b), Attachment 4 ML0927305072009-09-30030 September 2009 2009/09/30-Prairie Island License Renewal Hearing File and Mandatory Disclosures Updated Hearing File Index -- September 2009, Attachment 1 ML0927305062009-09-30030 September 2009 Declaration of Brian E. Holian, Attachment 3 ML0924304442009-08-31031 August 2009 NRC Staff Transmittal Letter Dated August 31, 2009 - Attachment 2, Declaration of Brian E. Holian ML0924304472009-08-31031 August 2009 NRC Staff Transmittal Letter Dated August 31, 2009 - Attachment 1- Hearing File and Mandatory Disclosures Privilege Log, August 2009, Update ML0924304452009-08-31031 August 2009 NRC Staff Notifying the Licensing Board and the Parties That Hearing File Has Been Updated for Prairie Island, Units 1 and 2 ML0924304482009-08-31031 August 2009 NRC Staff Transmittal Letter Dated August 31, 2009 - Attachment 4, Affidavit of Richard A. Plasse, Jr ML0924304462009-08-31031 August 2009 NRC Staff Transmittal Letter Dated August 31, 2009 - Attachment 3, Affidavit of Nathan E. Goodman ML0921204922009-07-31031 July 2009 Attachment 4 - Affidavit of Nathan E. Goodman ML0921204912009-07-31031 July 2009 NRC Staff July 2009 Hearing File Update ML0921204902009-07-31031 July 2009 Attachment 2 - Hearing File and Mandatory Disclosures Privilege Log ML0921204892009-07-31031 July 2009 2009/07/31-Attachment 1 - Prairie Island License Renewal Hearing File and Mandatory Disclosures Updated Hearing File Index - July 2009 ML0921204882009-07-29029 July 2009 Attachment 3 - Declaration of Travis L. Tate ML0918106242009-06-30030 June 2009 NRC Staff'S June 2009 Hearing File Update W/Attachments 1 - 5 ML0918106212009-06-30030 June 2009 Attachment 3 Declaration of Brian E. Holian ML0918106202009-06-30030 June 2009 Attachment 2 - Hearing File and Mandatory Disclosures Privilege Log June 2009, Update ML0918106182009-06-30030 June 2009 2009/06/30-Attachment 1 - Prairie Island License Renewal Hearing File and Mandatory Disclosures Updated Hearing File Index- June 2009 ML0914905472009-05-29029 May 2009 2009/05/29-Attachment 1 - Prairie Island License Renewal Hearing File and Mandatory Disclosures Updated Hearing File Index - May 2009 ML0914905482009-05-29029 May 2009 Attachment 2- Hearing File and Mandatory Disclosures Privilege Log, May 2009, Update ML0914905492009-05-29029 May 2009 2009/05/29-Declaration of Brian E. Holian on Behalf of the U.S. Nuclear Regulatory Commission, Regarding Prairie Island License Renewal ML0914905512009-05-29029 May 2009 2009/05/29-Affidavit of Richard A. Plasse, Jr., Mandatory Disclosure Requirement of 10 C.F.R. Section 2.336(b) on Behalf of the U.S. Nuclear Regulatory Commission Regarding Prairie Island, License Renewal 2014-12-01
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In the Matter of NUCLEAR MANAGEMENT COMPANY, LLC (Prairie Island Nuclear Generating Plant, Units 1 and 2)
Docket Nos. 50-282-LR and 50-306-LR; ASLBP No. 08-871-01-LR NRC Staff Transmittal Letter dated April 30, 2009 Attachment 3 Declaration of Brian E. Holian
April 30, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR MANAGEMENT COMPANY, LLC Docket Nos. 50-282-LRI 50-306-LR (Prairie Island Nuclear Generating Plant Units 1 and 2)
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 Prairie Island Nuclear Generating Plant Units 1 and 2 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 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 April 30, 2009, submission of the Staff's 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 pre-decisional information concerning the Staff's review of the license renewal application. All documents contain the 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 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 April 30, 2009, submission of the Staff's 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.
Brian E. Holian Executed in Rockville, Maryland this 30th day of April, 2009