ML12184A311
| ML12184A311 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 07/02/2012 |
| From: | Brian Holian Division of License Renewal |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22895, 50-352-LR, 50-353-LR, ASLBP 12-916-04-LR-BD01 | |
| Download: ML12184A311 (3) | |
Text
In the Matter of EXELON GENERATION COMPANY, LLC (Limerick Generating Station, Units 1 and 2)
Docket Nos. 50-352-LR and 50-353-LR Attachment 5 Declaration of Brian E. Holian
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
EXELON GENERATION COMPANY, LLC ) 50-352-LR/ 50-353-LR
)
(Limerick Generating Station, 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 License Renewal (DLR) in the U.S. Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation (NRR).
My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the Limerick Generating Station, Units 1 and 2 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 documents as privileged because they contained information concerning the Staffs pre-decisional deliberative process. The documents are listed in Attachment 3 to the submission of the Staffs Initial Hearing File Index.
- 3. I have personally reviewed the documents identified as privileged in Attachment 3, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that it contains pre-decisional information concerning the Staffs review of the license renewal application. The documents contain either the Staffs analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters
discussed therein. The documents comprise part of the deliberative process necessary for the Staffs review of the pending license renewal application.
- 4. Further, I have determined that disclosure of the 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 Staffs 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 documents listed in Attachment 3 to the submission of the Staffs Initial Hearing File Index.
- 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
Executed in Accord with 10 CFR 2.304(d).
Brian E. Holian Executed in Rockville, Maryland this 2nd day of July, 2012