ML12237A332
| ML12237A332 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/24/2012 |
| From: | Matthews T Morgan, Morgan, Lewis & Bockius, LLP, FirstEnergy Nuclear Operating Co |
| To: | Harris B, Lodge T NRC/OGC |
| SECY RAS | |
| References | |
| RAS 23354, 50-346-LR, ASLBP 11-907-01-LR-BD01, CLI-12-18 | |
| Download: ML12237A332 (11) | |
Text
Morgan, Lew wis & Bockius LLP 1111 Pennsyylvania Avenue, NW W
Washington, DC 20004 Tel: 202-7399-3000 Fax: 202-7399-3001 www.morgannlewis.com Timothy P. P Matthews 202.739.552 27 tmatthews@@morganlewis.com m August 24, 2 2012 Via Elecctronic Inforrmation Exchange Terry J. Lodge, L Esq.
316 N. Michigan M St.,, Suite 520 Toledo, OH O 43604 Brian G. Harris, Esq..
Office off the Generall Counsel U.S. Nucclear Regulattory Commiission Washinggton, DC 205 555-0001 RE: Ninth Updatee to Mandatoory Disclosuures Pursuantt to 10 C.F.R N R. § 2.336; FirstEnergy F
N Nuclear Operrating Co., License L Reneewal for Davvis-Besse Nuuclear Powerr Station, D
Docket No. 50-346
Dear Couunsel:
Pursuant to 10 C.F.R R. § 2.336, thhe Boards Innitial Scheduuling Order dated d June 15, 1 2011, andd the Boards Order O modiffying the Inittial Scheduliing Order daated Novembber 2, 2011, FirstEnergyy Nuclear Operating O Company C (FEENOC) is prooviding the enclosed e dissclosures forr Intervenorss Contentioon 4 as affirm med by the Commission C n on March 27, 2 2012 (CL LI-12-18).
FENOCs disclosures consist of the followinng:
- Encloosure 1 is resserved for thhe names, adddresses, andd telephone numbersn of the t persons upon u
whosse opinion FE ENOC will baseb its positions on the contention and a upon whhom FENOC C may relyr as witneesses, and a copy of the analyses andd authorities upon whichh they base thheir opiniions. FENOC has not yeet identified witnesses foor any hearinng on the conntention, andd will update u Enclo osure 1 whenn it has identtified its witnnesses.
- Encloosure 2 prov vides a descriiption, by caategory and location, l of the t documennts, data comppilations, and d tangible thhings in the possession, p c custody, or control c of FEENOC that maym be rellevant to thee admitted coontention. Per P the Schedduling Orderr and our agrreement, theese
Terry J. Lodge, Esq.
Brian G. Harris, Esq.
August 24, 2012 Page Two disclosures do not include privileged documents, or publicly-available documents unless FirstEnergy expects to rely on them at hearing. If you determine that you would like a copy of any of these documents, please inform me of which documents you would like, and I will provide a copy to you.
- Enclosure 3 is reserved for an index of documents, data compilations, or tangible things that may be relevant to the contention but that contain proprietary information, Sensitive Unclassified Non-Safeguards Information (SUNSI), or otherwise protected information.
FENOC did not identify any new relevant documents, data compilations, or tangible things that contain proprietary information, SUNSI, or otherwise protected information.
In order to compile Enclosures 2 and 3, a search was conducted of documents in FENOCs possession, custody, or control. The attached affidavit attests that all relevant materials identified by this search that are required to be disclosed under the Scheduling Order have been disclosed.
When FENOC identifies additional relevant documents or the witnesses for any hearing on the contention, FENOC will update these disclosures as required by the Boards Scheduling Order.
FENOC has been conservative in identifying documents for inclusion in Enclosures 2 and 3. By identifying documents in those Enclosures, FENOC does not necessarily concede that the documents are in fact relevant or material to the admitted contention.
Sincerely, Executed in Accord with 10 C.F.R. § 2.304(d)
Signed (electronically) by Timothy P. Matthews Timothy P. Matthews 1111 Pennsylvania Ave. NW Washington, DC 2004 (202) 739-5527 tmatthews@morganlewis.com Counsel for FirstEnergy Nuclear Operating Co.
Enclosures
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY )
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
AFFIDAVIT OF CLIFF CUSTER
- 1. My name is Cliff Custer. I am the Project Manager, License Renewal, at FirstEnergy Nuclear Operating Company (FENOC). Working with the attorneys for FENOC, I have been responsible for managing the collection of documents, data compilations, and tangible things to comply with the mandatory disclosure requirements in 10 C.F.R. § 2.336 and the Atomic Safety and Licensing Boards Initial Scheduling Order dated June 15, 2011 (Scheduling Order) in this proceeding, and the Licensing Boards Order Granting Motion for Modification of Initial Scheduling Order dated November 2, 2011 in this proceeding.
- 2. FENOC conducted a search of documents, data compilations, and tangible things in its possession, custody, and control for information relevant to the admitted contention as modified by the Commission (CLI-12-08), and in the possession, custody, and control of its affiliated companies, as specified in 10 C.F.R. § 2.336(a). As provided in 10 C.F.R. § 2.336(c), this search encompassed information and documents reasonably available to FENOC and its affiliated companies, including:
- a. Both electronic and paper documents;
- b. Corporate records, Davis-Besse license renewal project files, and documents in the possession and control of individuals who have worked on the Davis-Besse license renewal project or on matters potentially relevant to the admitted contention; and
- c. Documents, data compilations, and tangible things in the possession and control of AREVA, Inc. (AREVA), which assisted FENOC in preparing portions of the Davis-Besse Environmental Report.
- 3. Consistent with the Boards Scheduling Order, Enclosure 2 to this Affidavit provides an index of relevant, non-privileged, non-protected documents, data compilations, and tangible things that were located as a result of this search.
- 4. FENOC did not identify any new relevant documents, data compilations, and tangible things containing information that FENOC believes are proprietary to FENOC or its affiliated companies or third parties, or falls within the category of Sensitive Unclassified, Non-Safeguards Information (SUNSI).
- 5. FENOC has been conservative in identifying documents for inclusion in the Enclosures.
Accordingly, FENOC is not suggesting that just because a document is listed on the Enclosure that it is indeed relevant to the admitted contention.
- 6. These disclosures are reasonably accurate and complete as of July 31, 2012.
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The statements made above are true to the best of my knowledge, information, and belief.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Accord with 10 C.F.R. § 2.304(d)
_Signed (electronically) by Cliff Custer __
Cliff Custer License Renewal Project Manager FirstEnergy Nuclear Operating Company Beaver Valley Nuclear Power Station Route 168 Shippingport, PA 15077 Phone: 724-682-7139 E-mail: custerc@firstenergycorp.com Executed this 22nd day of August 2012.
3
(Reserved)
First Energy-Davis-Besse License Renewal Proceeding Mandatory Disclosure Log Ninth Update, August 31, 2012 Log No. Category Location* Document Title Date Contentions Standard L-12-244 Amd 29 7/17/2012 Contention 4 file;Standard file & ER SAMA without attachment Morgan, Lewis & Update_FINAL FEDB-000008340 Bockius 2012-07-16.pdf
- Morgan Lewis is located at 1111 Pennsylvania Avenue, NW Washington, DC 20004 1
(Reserved)
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY )
)
(Davis-Besse Nuclear Power Station, Unit 1) ) August 24, 2012
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of FENOCs Ninth Update to Mandatory Disclosures Pursuant to 10 C.F.R. § 2.336 was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients:
Administrative Judge Administrative Judge William J. Froehlich, Chair Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: wjf1@nrc.gov E-mail: nicholas.trikouros@nrc.gov Administrative Judge Office of the General Counsel Dr. William E. Kastenberg U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Edward L. Williamson E-mail: wek1@nrc.gov Lloyd B. Subin Brian G. Harris Brian P. Newell Office of the Secretary Catherine E. Kanatas U.S. Nuclear Regulatory Commission edward.williamson@nrc.gov; Rulemakings and Adjudications Staff lloyd.subin@nrc.gov; Washington, DC 20555-0001 brian.harris@nrc.gov; E-mail: hearingdocket@nrc.gov brian.newell@nrc.gov; catherine.kanatas@nrc.gov
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Michael Keegan Dont Waste Michigan 811 Harrison Street Monroe, MI 48161 Kevin Kamps E-mail: mkeeganj@comcast.net Paul Gunter Beyond Nuclear 6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 Terry J. Lodge E-mail: kevin@beyondnuclear.org; 316 N. Michigan St., Ste. 520 paul@beyondnuclear.org Toledo, OH 43604 E-mail: tjlodge50@yahoo.com Signed (electronically) by Jane T. Accomando Jane T. Accomando Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, DC 20004 Phone: 202-739-3000 Fax: 202-739-3001 E-mail: jaccomando@morganlewis.com 2