ML101810448

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NRC Staff Letter to ASLB Regarding NRC Staff June 2010 Hearing File Supplement
ML101810448
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 06/30/2010
From: Matthew Smith
NRC/OGC
To: Gary Arnold, William Froehlich, Hirons T
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 18081
Download: ML101810448 (12)


Text

June 30, 2010 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

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 the 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). An index, containing the ADAMS accession number, date, and title or description of each item added to the hearing file, since the last update, is appended hereto as Attachment 1.

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(c), attached are the affidavits of Elaine M. Keegan and Richard A. Plasse, Jr., certifying that all relevant materials, identified by the Staff by June 16, 2010, and required by the regulation to be disclosed, have been disclosed and that the disclosures are accurate and complete. Ms. Keegans and Mr. Plasses affidavits are Attachments 3 and 4, respectively.

The staff of the U.S. Nuclear Regulatory Commission (the Staff) has identified the document described in Attachment 2 hereto in accordance with the schedule set out in the Atomic Safety and Licensing Boards April 20, 2010 Memorandum and Order (Summarizing Prehearing Conference Call and Amending Hearing Schedule) and the provisions in the May 13, 2010 Order (Defining Scope of Discovery) regarding mandatory disclosure in connection with the safety culture contention in this proceeding. The document is accessible through the Agency Wide Document Access Management System (ADAMS) and the Nuclear Regulatory Commissions (NRC) website. Attachment 2 consists of an index stating the date and title of the document and its ADAMS accession number. Since this document is accessible via ADAMS and the NRC website, the Staff will not produce it in paper form.

The Staff respectfully maintains that safety culture documents are not encompassed by the provisions of 10 C.F.R. §§ 2.336(b) or 1203(b) and thus are not subject to mandatory disclosure or production through the hearing file. Nevertheless, in order to comply with the Licensing Boards rulings in this proceeding, the Staff has identified documents that relate to the safety culture contention and its bases. By identifying the document in Attachments 2, the Staff does not concede its relevance to license renewal.

Earlier in this proceeding, the Board instructed the Staff to report, on a monthly basis, its best estimate of the date it expects to issue the Final Supplemental Environmental Impact Statement (FSEIS). During the April 13, 2010, telephone conference in this matter, the Staff stated that it expected that it would issue the FSEIS in June 2010. However, it now appears that the FSEIS will not issue until late August, at the earliest. Mindful of the Boards instruction, the Staff will update the Milestones page of the Commissions website regarding the Prairie Island License Renewal when it is able to specify a date for issuance of the FSEIS.

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 Attachments: June 2010 Hearing File Index June 2010 Mandatory Disclosure Update Affidavit of Elaine M. Keegan Affidavit of Richard A. Plasse, Jr.

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 NRC Staff Transmittal Letter dated June 30, 2010 Attachment 1 Hearing File Index June 2010 Update

Attachment 1 - Prairie Island License Renewal Hearing File and Manadatory Disclosures Updated Hearing File Index -- June 2010 ADAMS ADAMS Accession Document Package Nos.

ID No. Number Date (if applicable) Title 03/02/2009 Meeting Summary, Meeting Between NRC Staff and Northern States Power 15-001 ML090930026 4/6/2009 Company, Minnesota (NSPM).15-002 ML101670330 6/10/2010 2010/06/10 PINGP LR - Prairie Island contention 15-003 ML101670326 6/16/2010 2010/06/16 PINGP LR - RE: Prairie Island contention EPRI Presentation to the Nuclear Waste Technical Review Board, Las Vegas, NV, June 11, 2009. Submitted by Kristen Eide Toffefson with Comments on Draft Generic Environmental Impact Statement for Prairie Island Nuclear Generating Plant, Units 1 and 15-011 ML100840641 6/11/2009 ML100840646 2.....

IR 05000282-09-006, 05000306-09-006 on 01/06/2009 - 02/18/2009 for Prairie Island,15-013 ML090860804 3/27/2009 Units 1 and 2, License Renewal Scoping, Screening and Aging Management.

Prairie Island Nuclear Generating Plant, Units 1 and 2, License Renewal Application, Safety 15-015 ML090850009 4/21/2009 Audit Report (TAC MD8513 and MD8514).

Prairie Island, Units 1 & 2, Responses to Follow-Up Questions Related to NSPM Letter of 15-016 ML092360408 8/7/2009 ML101460251 June 24, 2009.

Request for Additional Information for the Review of the Prairie Island Nuclear Generating 15-017 ML091540412 6/10/2009 Plant, Units 1 and 2, License Renewal Application.

Transcripts of Advisory Committee on Reactor Safeguards Plant License Renewal 15-019 ML092180127 7/7/2009 Subcommittee, Prairie Island, July 07, 2009, Pages 1-138.

Page 1 of 1

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 NRC Staff Transmittal Letter dated June 30, 2010 Attachment 2 Mandatory Disclosure Update Index

ATTACHMENT 2 -

MANDATORY DISCLOSURE INDEX June 2010 Update Accession Number/ Report Number ID # Federal Register (if applicable) Document Date Title/Description:

00-200 ML0906202932 03/02/2009 Notice of Significant License Meeting Page 1 of 1

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 NRC Staff Transmittal Letter dated June 30, 2010 Attachment 3 Affidavit of Elaine M. Keegan

June 30,2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1

)

NORTHERN STATES POWER CO. 1 Docket Nos. 50-282-LR/ 50-306-LR

)

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

AFFIDAVIT OF ELAINE M. KEEGAN CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. 5 2.336(b)

I, Elaine M. Keegan, 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 Prairie Island Nuclear Generating Plant, Units 1 and 2 license renewal application ("LRA"). Among other things, I am managing the preparation of the hearing file and mandatory disclosures for environmental issues in connection with the LRA at issue in this proceeding.
2. I hereby certify that all relevant materials related to the environmental issues in connection with the LRA that are 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 by the Staff as of June 16, 2010.
3. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.

Elaine M. Keegan Executed in Rockville, Maryland this 3othday of June, 2010

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 NRC Staff Transmittal Letter dated June 30, 2010 Attachment 4 Affidavit of Richard A. Plasse, Jr.

June 30,2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND I-ICENSING BOARD In the Matter of 1 1

NORTHERN STATES POWER CO. 1 Docket Nos. 50-282-LR/ 50-306-LR

)

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

AFFIDAVIT OF RICHARD A. PLASSE, JR. CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. 5 2.336(b)

I, Richard A. Plasse, Jr., 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 Prairie lsland Nuclear Generating Plant, Units 1 and 2 license renewal application ("LRA"). Among other things, I am managing the preparation of the hearing

.file and mandatory disclosures for safety issues in connection with the LRA at issue in this proceeding.

2. I hereby certify that all relevant materials related to the safety issues in connection with the LRA that are required to be disclosed pursuant to 10 C.F.R. !j2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete for documents identified by the Staff as of June 16, 2010.
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 3othday of June, 2010

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 )

Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC Staffs Letter, Attachment 1 (Hearing File Index), Attachment 2 (June 2010 Mandatory Disclosures Update), Attachment 3 (Affidavit of Elaine M. Keegan), and Attachment 4 (Affidavit of Richard A. Plasse, Jr.), dated June 30, 2010, have been served upon the following by the Electronic Information Exchange, this 30th day of June, 2010:

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

Atomic Safety and Licensing Board Panel Pillsbury, Winthrop, Shaw, Pittman, LLP Mail Stop - T-3 F23 2300 N Street, N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20037-1122 Washington, DC 20555-0001 david.lewis@pillsburylaw.com 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