ML14090A176
| ML14090A176 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/31/2014 |
| From: | Amitava Ghosh NRC/OGC |
| To: | Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 25750 | |
| Download: ML14090A176 (9) | |
Text
UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 March 31, 2014 Administrative Judge Administrative Judge Lawrence G. McDade, Chair Dr. Richard E. Wardwell 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 Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR and 50-286-LR
Dear Administrative Judges:
Pursuant to the Atomic Safety and Licensing Boards December 18, 2008, Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G), slip op. at 13, the Licensing Board's Order (Granting Consent Motion Regarding Mandatory Disclosures), dated January 30, 2009, at 1, the staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that the hearing file has been supplemented for this proceeding. 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 in Hearing File Index, Supplement 62 is appended hereto as Attachment 1.
On or about April 10, 2014, the documents identified in the hearing file will be made 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, Indian PT Hearing File, Supplement 62 in the Indian_PT_2&3_50-247&50-286-LR" folder of the EHD.
In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing two logs, identifying documents withheld under the deliberative process; appended hereto as Attachment 2. Also attached is the Declaration of John W. Lubinski formally invoking the deliberative process privilege with respect to the documents in Attachment 2. The Staff will preserve and maintain the privileged documents identified in these logs during the pendency of this proceeding.
Judge McDade March 31, 2014 Judge Kennedy Judge Wardwell Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Lois James, certifying that all relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete as to documents identified by March 24, 2014.
Finally, the NRC Staff notes that it has made a good faith effort to identify and characterize all documents meeting the criteria of 10 C.F.R. § 2.336(b) and 10 C.F.R. § 2.1203 in this proceeding. In identifying these documents, the Staff does not concede their relevance to the license renewal issues to be decided in this proceeding.
Sincerely,
/Signed (electronically) by/
Anita Ghosh Counsel for NRC Staff
Enclosures:
Attachment 1 - Hearing File Index, Supplement 62 Attachment 2 - Deliberative Process Privilege Log Declaration of John W. Lubinski Affidavit of Lois James cc w/Encls.: Service List
Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 62 - March 31, 2014 Accession Document ID# Title Number Date ML14063A528 02/19/2014 Indian Point Nuclear Generating Unit Nos. 2 & 3 - Final Supplemental Environmental 62-0001 Impact Statement.
Attachment 1 TO NL-14-030: AKRF Report - "Update of Aquatic Impact Analyses ML14063A529 02/19/2014 62-0002 Presented in NRC's FSEIS (December 2010) Regarding Potential Impacts of Operation of Indian Point Units 2 and 3".
ML14024A064 03/04/2014 Consistency of Indian Point Units Nos 2 and 3 LRA with New York State Coastal Mgt 62-0003 Program.
J. Bullard, NMFS to D. Gray, Entergy, Comments on second draft monitoring plan for 62-0004 ML14066A007 03/04/2014 shortnose and Atlantic sturgeon pursuant to January 2013 biological opinion 62-0005 ML14065A356 03/06/2014 2014/03/06 Indian Point LR Hearing - Draft RAI on RVI Program and Inspection Plan 62-0006 ML14069A331 03/08/2014 2014/03/08 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan 62-0007 ML14069A019 03/10/2014 2014/03/10 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan New York State Department of State File #F-2012-1028 Consistency Certification for 62-0008 ML14079A506 03/13/2014 Entergy Nuclear Indian Point 2 and Entergy Nuclear Indian Point 3 License Renewal Application.
2014/03/18 Indian Point LR Hearing - Draft Telecon Summary for Call on February 20, 62-0009 ML14077A384 03/18/2014 2014 2014/03/20 Indian Point LR Hearing - RE: Draft Telecon Summary for Call on February 62-0010 ML14079A140 03/20/2014 20, 2014 2014/03/20 Indian Point LR Hearing - RE: Draft Telecon Summary for Call on February 62-0011 ML14079A138 03/20/2014 20, 2014 Summary of conference call held on February 20, 2014, between the U.S. Nuclear 62-0012 ML14078A399 03/21/2014 Regulatory Commission And Entergy Nuclear Operations, Inc., concerning a draft request for additional information on LR-ISG-2012-02 and draft LR-ISG-2013-01.
62-0013 ML14083A648 03/24/2014 2014/03/24 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan
Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 62 - March 31, 2014 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 C.F.R. § 2.336(b)(5), the Staff is providing this log to identify the following documents, withheld under the "deliberative process" privilege.
Addressee Author Name Estimated Accession Document Document Name ID # & Author Title Comment Page Number Date Type & Addressee Affiliation Count Affiliation DP- ML14058B057 D.Morey, 2014/02/27 Indian Point 02/27/2014 E-Mail w/ K.Green, Internal 7 62- NRC/NRR LR Hearing - Indian Attachment NRC/NRR discussion 001 Point RVI S.Rosenberg, regarding reactor NRC/NRR vessel internals A.Hiser, NRC/NRR
Attachment:
Draft PowerPoint slides on reactor vessel internals DP- ML14058B058 K.Green, 2014/02/27 Indian Point 02/27/2014 E-Mail D.Morey, Internal 2 62- NRC/NRR LR Hearing - RE: Indian NRC/NRR discussion 002 Point RVI S.Rosenberg, regarding reactor NRC/NRR vessel internals A.Hiser, NRC/NRR DP- ML14058B068 K.Green, 2014/02/27 Indian Point 02/27/2014 E-Mail w/ D.Morey, Internal 7 62- NRC/NRR LR Hearing - RE: Indian Attachment NRC/NRR discussion 003 Point RVI A.Hiser, regarding reactor NRC/NRR vessel internals S.Rosenberg, NRC/NRR
Attachment:
Draft PowerPoint slides on reactor vessel internals 1
Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 62 - March 31, 2014 Addressee Author Name Estimated Accession Document Document Name ID # & Author Title Comment Page Number Date Type & Addressee Affiliation Count Affiliation DP- ML14059A122 W.Gardner, 2014/02/28 Indian Point 02/28/2014 E-Mail W.Holston, Internal 2 62- NRC/NRR LR Hearing - IP SER NRC/NRR discussion 004 AND RAI regarding draft SER input and draft RAI 2
March 31, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
)
(Indian Point Nuclear Generating Units 2 and 3) )
DECLARATION OF JOHN W. LUBINSKI I, John W. Lubinski, 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 Indian Point Nuclear Generating Units 2 and 3 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 2 to the submission of the Staffs Hearing File Index Supplement 62.
- 3. I have personally reviewed the documents identified as privileged in , and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain 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 2 to the submission of the Staffs Hearing File Index Supplement 62.
- 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)
John W. Lubinski Executed in Rockville, Maryland this 31st day of March, 2014
March 31, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
AFFIDAVIT OF LOIS JAMES CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)
I, Lois James, do hereby state as follows:
- 1. I am employed as a Senior Project Manager in the Division of License Renewal in the U.S. Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation. I serve as the environmental project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application (LRA). Among other things, I am assisting with the preparation of the hearing file and mandatory disclosures in connection with the LRA at issue in this proceeding.
- 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 for documents identified as of March 24, 2014.
- 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 Accord with 10 CFR 2.304(d)
Lois James Executed in Rockville, Maryland this 31st day of March 2014
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (revised), I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Indian Point Hearing File, including: - Indian Point License Renewal Hearing File Index Supplement 62; Attachment 2
- Indian Point License Renewal Hearing File Index Supplement 62 - Deliberative Process Privilege; Declaration of John W. Lubinski, dated March 31, 2014; and Affidavit of Lois James, dated March 31, 2014, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 31st day of March, 2014.
/Signed (electronically) by/
Anita Ghosh Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-4113 E-mail: anita.ghosh@nrc.gov Date of signature: March 31, 2014