ML092430445

NRC Staff Notifying the Licensing Board and the Parties That Hearing File Has Been Updated for Prairie Island, Units 1 and 2

ML092430445
Person / Time
Site:	Prairie Island
Issue date:	08/31/2009
From:	Matthew Smith NRC/OGC
To:	Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML092430443	List: ML092430444 ML092430445 ML092430446 ML092430447 ML092430448
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 16307
Download: ML092430445 (4)

Text

August 31, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Administrative Judge Administrative Judge William J. Froehlich, Chair Thomas J. Hirons 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 Gary S. Arnold Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of NORTHERN STATES POWER CO.

(Prairie Island Nuclear Generating Plant, Units 1 and 2)

Docket Nos. 50-282-LR and 50-306-LR; ASLBP No. 08-871-01-LR

Dear Administrative Judges:

Pursuant to the Atomic Safety and Licensing Boards (Licensing Board) February 18, 2009, Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order), slip op. at 2-3, and the telephone conference call held on February 5, 2009, the Staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that a hearing file has been updated for this proceeding. The hearing file includes materials required to be produced or disclosed pursuant to 10 C.F.R. § 2.1203, as well as the Staffs mandatory disclosures pursuant to 10 C.F.R. § 2.336(b)(1), (2), and (4), and § 2.336(c).

Materials in the hearing file may be accessed through the Agencywide Documents Access and Management System (ADAMS). No documents were identified as being publicly available this month.

The hearing file is available via the Electronic Hearing Docket (EHD), which may be accessed at the following URL: http://ehd.nrc.gov/EHD_Proceeding/home.asp. The hearing file will be contained in a sub-folder entitled, Prairie Island Hearing File in the Prairie Island_1&2_50-282& 50-306-LR" folder of the EHD.

Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is producing logs identifying documents withheld under the deliberative process privilege (Attachment 1). On April 30, 2009, the parties agreed that documents withheld under the attorney client privilege or work product doctrine no longer needed to be logged. The Declaration of Brian E. Holian, Attachment 2,

formally invokes the deliberative process privilege with respect to the documents identified in .

The Staff will preserve and maintain the privileged documents identified in this log and its previously served logs during the pendency of this proceeding.

Pursuant to 10 C.F.R. § 2.336(c), attached are the affidavits of Nathan E. Goodman and Richard A. Plasse, Jr., certifying that all relevant materials, identified by the Staff by August 17, 2009, and required by the regulation to be disclosed, have been disclosed and that the disclosures are accurate and complete. Mr. Goodmans and Mr. Plasses affidavits are Attachments 3 and 4, respectively.

Pursuant to the Boards instructions in its February 18, 2009, Memorandum and Order, slip op. at 3, the Staff reports that it is unable to provide estimated dates of issuance for the draft SEIS and final SEIS and still does not know when the ACRS or its subcommittees will issue their letters or reports. When the Staff obtains those dates, the Staff will provide that information in its monthly report. Finally, in accordance with the Boards instructions, the Staff has updated the Milestones page on the Commissions web site regarding the Prairie Island License Renewal and the information on the Milestones page is current as of this date.

Respectfully,

/Signed (electronically) by/

Maxwell C. Smith Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 (301) 415-1246 maxwell.smith@nrc.gov

Enclosures:

Privilege Log - Deliberative Process Declaration of Brian E. Holian Affidavit of Nathan E. Goodman Affidavit of Richard A. Plasse, Jr.

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

)

NORTHERN STATES POWER CO. ) Docket Nos. 50-282-LR/ 50-306-LR

)

(Prairie Island Nuclear Generating Plant ) ASLBP No. 08-871-01-LR-BDOI Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC Staffs Letter Transmitting Hearing File; (Privilege Log), dated August 31, 2009; Attachment 2 (Declaration of Brian E.

Holian), dated August 31, 2009; Attachment 3 (Affidavit of Nathan E. Goodman), dated August 31, 2009; Attachment 4 (Affidavit of Richard A. Plasse, Jr.), dated August 31, 2009, have been served upon the following by the Electronic Information Exchange, this 31th day of August, 2009:

Administrative Judge Office of Commission Appellate William J. Froehlich, Chair Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Mail Stop - O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: wjf1@nrc.gov Administrative Judge Office of the Secretary Gary S. Arnold Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O-16G4 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov E-mail: gxa1@nrc.gov Administrative Judge David R. Lewis, Esq.

Thomas J. Hirons Pillsbury, Winthrop, Shaw, Pittman, LLP Atomic Safety and Licensing Board Panel 2300 N Street, N.W.

Mail Stop - T-3 F23 Washington, D.C. 20037-1122 U.S. Nuclear Regulatory Commission david.lewis@pillsburylaw.com Washington, DC 20555-0001 E-mail: thomas.hirons@nrc.gov

Phillip R. Mahowald, Esq. Peter M. Glass, Esq.

General Counsel Xcel Energy Services, Inc.

Prairie Island Indian Community 414 Nicollet Mall Legal Department Minneapolis, Minnesota 55401 5636 Sturgeon Lake Road peter.m.glass@xcelenergy.com Welch, MN 55089 E-mail: pmahowald@piic.org

/Signed (electronically) by/

Maxwell C. Smith Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 (301) 415-1246 maxwell.smith@nrc.gov