ML091811004
| ML091811004 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 06/30/2009 |
| From: | Harris B 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-263 | |
| Download: ML091811004 (10) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 OFFICE OF THE GENERAL COUNSEL June 30,2009 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 OPERATIONS, 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. 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 5 is appended hereto as Attachment 1.
On or about July 7, 2009, the newly identified documents in the hearing file will be made available via the Electronic Hearing Docket ("EHD"), which may be accessed at the following URL: htt~://ehd.nrc.nov/EHD Proceedinn1home.a~~. The hearing file will be contained in a sub-folder entitled, "Indian PT Hearing File, Supplement 5" in the "Indian-PT-2&3-50-247&50-286-LR" folder of the EHD.
In addition, as required by 10 C.F.R. 5 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 invoking the deliberative process privilege with respect to each of the documents in
Judge McDade June 30,2009 Judge Lathrop Judge Wardwell . 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. § 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 June 23, 2009.
The Staff has determined that a document that was previously withheld as containing sensitive privacy information, in the Staff's Supplement 4, Attachment 3, dated May 29, 2009 (Document ID No. 04-OOI), may be made publicly available. The document is identified as publicly available in Attachment 1 to this letter (Document ID No.05-003).
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. 5 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,
.--c---
Brian G. Harris Counsel for NRC Staff
Enclosures:
Attachment 1 - Hearing File Index, Supplement 5 Attachment 2 - Deliberative Process Privilege Log Declaration of Brian E. Holian Affidavit of Andrew L. Stuyvenberg cc w1Encls.: Service List
Attachment 1 - lndian Point License Renewal Hearing File Index Supplement 5 - June 30,2009 Accession Document ID # Number Date Title 05-001 ML091350370 5/7/2009 2009/05/07 lndian Point LR Hearing - FW: RE: Conference call time request ML091460678 5/26/2009 2009/05/26 lndian Point LR Hearing - lndian Point Units 2 and 3 SER Related to 05-002 License Renewal ML091530544 6/2/2009 2009/06/02 lndian Point LR Hearing - May 11, 2009, NRC-Entergy Telecon 05-003 Summary Note: ID No.05-003 is an unredacted version of ID No.04-001, from the Staffs Fourth Supplement, Attachment 3. Page 1 of 1
Attachment 2 - lndian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 5 - June 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. 9 2.336(b)(5), the Staff is providing this log to identify the fillowing documents, withheld under the "deliberative process" privilege.
Accession Author Name1 Document Document Page ID# Number Affliation Title Date Type Comment Count DPP D. Logan 2009105122 Indian Point LR Hearing - RE: Internal transmission of 001 ML091420030 NRCINRR Comments 512212009 E-Mail comments regarding EIS 2 DPP D. Logan Internal transmission of 002 1 I
~ ~ 0 9 1 5 6 0 4 6 7 NRCINRR 12009106105 Indian Point LR Hearing - 615120091E - M ~ ~ I lcomments regarding EIS I 4 DPP I ID. Logan I I I 1 Internal transmission of 1003 1 I ~ ~ 0 9 1 5 9 0 3 2 1 NRCINRR 12009106/08 Indian Point LR Hearing - FW: I 618120091E-Mail lcomments regarding EIS 181
June 30,2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1 1
ENTERGY NUCLEAR OPERATIONS, INC. 1 Docket Nos. 50-247 & 50-286-LR 1
1 ASLBP No. 07-858-03-LR-BD01 (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 documents as privileged because they contained information concerning the Staff's pre-decisional deliberative process. Those documents are listed in Attachment 2 to the June 30, 2009 submission of the Staff's Hearing File Index Supplement 5.
- 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 June 30. 2009 submission of the Staff's Hearing File Index Supplement 5.
- 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 June, 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. 50-246 & 50-286-LR OPERATIONS, INC. ) 1 1 ASLBP NO.07-858-03-LR-BD01 (Indian Point Nuclear Generation Station, 1 Units 2 and 3) 1 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 hearing 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. § 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 June 23, 2009.
- 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 June, 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. 50-2471286-LR (Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Indian Point Hearing File, including: Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 5, Attachment 2 - Deliberative Process Privilege Log, Declaration of Brian E. Holian, dated June 30, 2009, and Affidavit of Andrew L. Stuyvenberg, dated June 30, 2009, have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, or, as indicated by an asterisk, by deposit in the U.S. Postal Service, with copies by electronic mail this 3othday of June, 2009:
Lawrence G. McDade, Chair Office of Commission Appellate Atomic Safety and Licensing 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: Lawrence.McDade@nrc.nov E-mail: OCAAMAIL.resource@nrc.qov 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 Washirrgton, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov E-mail: Hearing.Docket@nrc.gov 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: Kaye.Lathrop@nrc.gov Washington, DC 20555-0001 E-mail: Zachary.Kahn@nrc.gov
Atomic Safety and Licensing Board Panel Manna Jo Greene*
U.S. Nuclear Regulatory Commission Hudson River Sloop Clearwater, Inc.
Mail Stop: T-3 F23 112 Little Market Street Washington, DC 20555-0001 Poughkeepsie, NY 12601 (Via Internal Mail Only) E-mail: mannaio@clearwater.org Kathryn M. Sutton, Esq.* William C. Dennis, Esq.*
Paul M. Bessette, Esq. Assistant General Counsel Martin J. O'Neill, Esq. Entergy Nuclear Operations, Inc.
Morgan, Lewis & Bockius, LLP 440 Hamilton Avenue 111'I Pennsylvania Avenue, NW White Plains, NY 10601 Washington, D.C. 20004 E-mail: wdennis@entercry.com E-mail: ksutton@morganlewis.com E-mail: pbessette@morcranlewis.com E-mail: martin.o'neill@morcranlewis.com Michael J. Delaney, Esq.* Mylan L. Denerstein, Esq.*
Vice President - Energy Department Janice A. Dean, Esq.
New York City Economic Development Executive Deputy Attorney General, Corporation (NYCDEC) Social Justice 110 William Street Office of the Attorney General New York, NY 10038 of the State of New York E-mail: mdelaney@nycedc.com 120 Broadway, 25'h Floor New York, NY 10271 E-mail: mylan.denerstein@oag.state.ny.us janice.dean@oaq.state.nv.us Justin D. Pruyne, Esq.* Diane Curran, Esq.*
Assistant County Attorney Harmon, Curran, Spielberg & Eisenberg, LLP Office of the Westchester County Attorney 1726 M Street, NW, Suite 600 148 Martine Avenue, 6'h Floor Washington, D.C. 20036 White Plains, NY 10601 E-mail: dcurran@harmoncurran.com E-mail: jdp3@westchestergov.com Daniel E. O'Neill, Mayor* John J. Sipos, Esq.*
James Seirmarco, M.S. Charlie Donaldson, Esq.
Village of Buchanan Assistants Attorney General Municipal Buildirlg New York State Department of Law Buchanan, NY 10511-1298 Environmental Protection Bureau E-mail: vob@bestweb.net The Capitol Albany, NY 12224 E-mail: john.sipos@oaq.state.ny.us
Robert Snook, Esq.* Daniel Riesel, Esq.*
Office of the Attorney General Thomas F. Wood, Esq.
State of Connecticut Ms. Jessica Steinberg, J.D.
55 Elm Street Sive, Paget & Riesel, P.C.
P.O. Box 120 460 Park Avenue Hartford, CN 06141-0120 New York, NY 10022 E-mail: robert.snook@po.state.ct.us E-mail: driesel@sprlaw.com isteinbera@sprlaw.com Phillip Musegaas, Esq.* Joan Leary Matthews, Esq.*
Deborah Brancato, Esq. Senior Attorney for Special Projects Riverkeeper, Inc. New York State Department of 828 South Broadway Environmental Conservation Tarrytown, NY 10591 Office of the General Counsel E-mail: phillip@riverkeeper.org 625 Broadway, 1 4 ' ~Floor d brancato@riverkeeper.org Albany, NY 12233-1500 E-mail: jlmatthe@aw.dec.state.nv.us Elise N. Zoli, Esq.* John Louis Parker, Esq.*
Goodwin Procter, LLP Office of General Counsel, Region 3 Exchange Place New York State Department of 53 State Street Environmental conservation Boston, MA 02109 21 South Putt Corners Road E-mail: ezoli@aoodwinprocter.com New Paltz, NY 12561-1620 E-mail: jlparker@aw.dec.state.nv.us Ross H. Gould, Esq.*
10 Park Ave, #5L New York, NY 10016 T: 9 17-658-7 144 E-mail: raouldess@i2amaiI.com Counsel for NRC Staff