ML110260064

NRC Staff Supplement 37 to Hearing File

ML110260064
Person / Time
Site:	Pilgrim
Issue date:	01/26/2011
From:	Andrea Jones NRC/OGC
To:	Abramson P, Cole R, Austin Young Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 19488, 50-293-LR, ASLBP 06-848-02-LR
Download: ML110260064 (8)

Text

OFFICE OF THE GENERAL COUNSEL UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 January 26, 201 1 Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul 6. Abramson Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.

(Pilgrim Nuclear Power Station)

Docket No. 50-293-LR; ASLBP No. 06-848-02-LR

Dear Administrative Judges:

The NRC Staff provides notice that it has updated the hearing file for this proceeding pursuant to 10 C.F.R. 5 2.336(d), as modified by the Board's Order Regarding Schedule for Proceeding and Related Matters (November 29, 2006).

An index containing the ADAMS accession number, date, and title or description of the item in Hearing File Index, Supplement 37 is appended hereto as Attachment 1. 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, appended hereto as Attachment 2. Also, attached is the Declaration of Brian E. Holian formally invoking the deliberative process privilege with respect to the document in Attachment 2. The Staff will preserve and maintain the privileged document identified in the log during the pendency of this proceeding. Further, pursuant to 10 C.F.R. § 2.336(c) is the attached Affidavit of Lisa M. Regner.

Respectfully Submitted,

/Sinned Electronicallv Bvl Andrea' Z. Jones Counsel for the NRC Staff

Enclosures:

- Hearing File Index, Supplement 37 - Deliberative Process Privilege Log Declaration of Brian E. Holian Affidavit of Lisa M. Regner cc w1Encls.:

Service List

- Pilgrim Nuclear Power Station License Renewal Hearing File Index Deliberative Process Privilege, Supplement 37 -January 26, 2011 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 Page 1 of 1 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.

ID #

DPP 00 1 Document Date 11211201 1 Accession Number ML110210057 Document TY pe E-Mail Author NamelAffiliation Emma Wong, NRCINRR Title 201 1/01/21 Pilgrim Renewal Hearing -

New RAls Addressee1 Affiliation NRCINRR Comment Internal discussion regarding draft request for additional information (RAI)

Page Count 5

January 26, 201 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COWIMISSION BEFORE THE ATOMIC SAFETY AND I-ICENSING BOARD In the Matter of

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ENTERGY NUCLEAR GENERATION

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Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR

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OPERATIONS, INC.

1 ASLBP No. 06-848-02-LR

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(Pilgrim Nuclear Power Station)

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DECLARATION OF BRIAN E. HOI-IAN I, Brian E. Holian, do hereby state as follows:

1.

I am employed as the Director of the Division of License 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 Pilgrim Nuclear Power Station's 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. The document is listed in Attachment 2 to the Staff's Hearing File Index Supplement 37

3.

I have personally reviewed the document identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that it contains pre-decisional information concerning the Staff's review of the license renewal application. The document contains either Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters discussed therein. The document 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 the document 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 the document listed in Attachment 2 to the Staff's Hearing File Index Supplement 37.

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 26'h day of January, 201 1

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

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ENTERGY NUCLEAR GENERATION

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Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR 1

OPERATIONS, INC.

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ASLBP NO. 06-848-02-LR (Pilgrim Nuclear Power Station)

AFFIDAVIT OF LISA M. REGNER CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. 6 2.336(c)

I, Lisa M. Regner, do hereby state as follows:

1.

I am employed as a Project Manager in the Division of License Renewal in the Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I serve as a project manager for the Pilgrim Nuclear Power Station's license renewal application ("LRA").

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 as of the date of this certification.

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, MD this 26'h day of January, 201 1

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

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ENTERGY NUCLEAR OPERATIONS, INC.

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Docket No. 50-293-LR

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(Pilgrim Nuclear Power Station) 1 1

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Pilgrim Nuclear Power Station Hearing File, including: Attachment 1 - Pilgrim Nuclear Power Station License Renewal Hearing File Index Supplement 37, Attachment 2 -

Deliberative Process Privilege Log, Declaration of Brian E. Holian and Affidavit of Lisa M.

Regner have been served upon the following b the Electronic Information Exchange, with tK courtesy copies sent by electronic mail, this 26 day of January, 201 1:

Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Cole@nrc.sov E-mail: Paul.Abramson@nrc.nov Administrative Judge Office of Commission Appellate Ann Marshall Young, Chair Adjudication Atomic Safety and Licensing Board Panel Mail Stop: 0-16G4 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: OCAAMAIL.Resource@nrc.nov E-mail: Ann.Younn@nrc.aov Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (VIA INTERNAL MAIL ONLY)

Office of the Secretary Attn: Rulemakings and Adjudications Staff Mail Stop: 0-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: Hearing. Docket@nrc.nov

Sheila Slocum Hollis*

Duane Morris LLP 505 gth St., NW, Suite 1000 Washington, DC 20004 E-mail: sshollis@duanemorris.com Mary Lampert*

148 Washington Street Duxbury, MA 02332 E-mail: marv.lampert@comcast.net Chief Kevin M. Nord*

Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332 E-mail: nord@town.duxburv.ma.us Richard R. MacDonald*

Town Manager 878 Tremont Street Duxbury, MA 02332 E-mail: macdonald@town.duxburv.ma.us Terence A. Burke, Esq.*

Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62 Jackson, MS 3921 3 E-mail: tburke@enteray.com David R. Lewis, Esq*.

Paul A. Gaukler, Esq.

Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1 137 E-mail: david.lewis@piIlsburvlaw.com paul.qaukler@pillsburvlaw.com Town Manager*

Town of Plymouth 11 Lincoln St.

Plymouth, MA 02360 E-mail: marriahi@townhall.~lvmouth.ma.us

/Signed Electronically By/

Andrea' Z. Jones Counsel for the NRC Staff