Text

NRC Staff Hearing File Update 83
	ML15362A363
Person / Time
Site:	Indian Point
Issue date:	12/28/2015
From:	Lindell J; 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 28711
	Download: ML15362A363 (9)
	v • d • e

UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 December 28, 2015 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 83 is appended hereto as Attachment 1.

On or about January 6, 2015, the documents identified in the hearing file may be accessed through ADAMS or through the Electronic Hearing Docket (EHD), which may be accessed at http://adams.nrc.gov/ehd/. The hearing file will be contained in the Staff Discovery Materials tab of the EHD, in a sub-folder entitled, Indian PT Hearing File, Update 83 in the Indian_PT_2&3_50-247&50-286-LR" folder.

In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing a privilege log, identifying documents withheld under the deliberative process; appended hereto as Attachment

2. Also attached is the Declaration of Christopher G. Miller formally invoking the deliberative process privilege with respect to the documents in Attachment 2. The Staff will preserve and

Judge McDade December 28, 2015 Judge Kennedy Judge Wardwell maintain the privileged documents identified in these logs during the pendency of this proceeding.

Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Michael J. Wentzel, 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 December 17, 2015.

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/

Joseph A. Lindell Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 83 Attachment 2 - Deliberative Process Privilege Log Declaration of Christopher G. Miller Affidavit of Michael J. Wentzel cc w/Encls.: Service List

Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 83 - December 28, 2015 Accession Document ID# Title Number Date 83-0001 ML15341A055 12/07/2015 2015/12/07 Indian Point LR Hearing - Call-in Info 83-0002 ML15344A436 12/10/2015 2015/12/10 Indian Point LR Hearing - [External_Sender] Draft Audit Plan Edits 83-0003 ML15344A439 12/10/2015 2015/12/10 Indian Point LR Hearing - [External_Sender] RE: Draft Audit Plan Edits 83-0004 ML15344A438 12/10/2015 2015/12/10 Indian Point LR Hearing - RE: Draft Audit Plan Edits 83-0005 ML15344A340 12/10/2015 2015/12/10 Indian Point LR Hearing - RE: Draft Audit Plan Edits 83-0006 ML15349A977 12/15/2015 2015/12/15 Indian Point LR Hearing - [External_Sender] RE: Entergy Distribution List 83-0007 ML15349A156 12/15/2015 2015/12/15 Indian Point LR Hearing - Entergy Distribution List 83-0008 ML15349A979 12/15/2015 2015/12/15 Indian Point LR Hearing - RE: RE: Entergy Distribution List 83-0009 ML15350A186 12/16/2015 2015/12/16 Indian Point LR Hearing - [External_Sender] RE: RE: Entergy Distribution List 83-0010 ML15351A026 12/17/2015 2015/12/17 Indian Point LR Hearing - [External_Sender] RE: Draft Telecon Summary 83-0011 ML15351A025 12/17/2015 2015/12/17 Indian Point LR Hearing - Draft Telecon Summary 83-0012 ML15351A027 12/17/2015 2015/12/17 Indian Point LR Hearing - RE: RE: Draft Telecon Summary 83-0013 ML15335A573 11/19/2015 Indian Point Unit 3 Inspection Report 0500086/2015011, License Renewal Inspection.

83-0014 ML15352A028 12/14/2015 Indian Point, Units 2 and 3 - Amendment 17 to License Renewal Application (LRA).

Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 83 - December 28, 2015 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 Accession Document Document Name Page ID # & Author Title Comment Number Date Type & Addressee Count Affiliation Affiliation DPP- ML15334A186 D. Logan, 2015/11/30 Indian Point 11/30/2015 E-Mail J. Crocker, Internal 2 83- NRC/NRR/DLR LR Hearing - Indian NOAA discussion 001 Point: Second regarding draft supplement to the FSEIS FSEIS Supplement DPP- ML15348A036 J. Anderson, 2015/12/07 Indian Point 12/07/2015 E-Mail D. Logan, Internal 3 83- NOAA LR Hearing - NRC/NRR/DLR discussion 002 [External_Sender] Re: regarding draft Transmittal of draft FSEIS supplemental EIS for Supplement operation of Indian Point Nuclear Generating Station for NMFS's comments DPP- ML15341A056 D. Logan, 2015/12/07 Indian Point 12/07/2015 E-Mail J. Anderson, Internal 2 83- NRC/NRR/DLR LR Hearing - Transmittal NOAA discussion 003 of draft supplemental regarding draft EIS for operation of FSEIS Indian Point Nuclear Supplement Generating Station for NMFS's comments 1

Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 83 - December 28, 2015 Addressee Author Name Accession Document Document Name Page ID # & Author Title Comment Number Date Type & Addressee Count Affiliation Affiliation DPP- ML15344A434 M. Wentzel, 2015/12/10 Indian Point 12/10/2015 E-Mail w/ J. Gavula, Internal 12 83- NRC/NRR/DLR LR Hearing - FW: Draft Attachment NRC/NRR/DLR discussion 004 Audit Plan Edits regarding W. Holston, proposed NRC/NRR/DLR changes to draft audit plan B. Allik NRC/NRR/DLR

Attachment:

Forwarded email containing proposed changes to draft audit plan [See public disclosures at 83-0002 (ADAMS Accession No. ML15344A436)]

DPP- ML15344A504 M. Wentzel, 2015/12/10 Indian Point 12/10/2015 E-Mail J. Gavula, Internal 3 83- NRC/NRR/DLR LR Hearing - RE: Draft NRC/NRR/DLR discussion 005 Audit Plan Edits regarding draft audit plan DPP- ML15344A149 M. Wentzel, 2015/12/10 Indian Point 12/10/2015 E-Mail J. Gavula, Internal 4 83- NRC/NRR/DLR LR Hearing - RE: IP NRC/NRR/DLR discussion 006 Audit Needs regarding draft audit plan 2

December 28, 2015 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 CHRISTOPHER G. MILLER I, Christopher G. Miller, 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 83.

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 83.

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)

Christopher G. Miller Executed in Rockville, Maryland this 28th day of December, 2015

December 28, 2015 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 MICHAEL J. WENTZEL CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)

I, Michael J. Wentzel, do hereby state as follows:

1. I am employed as a Project Manager in the U.S. Nuclear Regulatory Commissions (NRC) Nuclear Reactor Regulation. I currently serve as a project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application (LRA). Among my other duties as project manager, since September 2014, I have been 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 December 17, 2015.

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)

Michael J. Wentzel Executed in Rockville, Maryland this 28th day of December 2015

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 83; Attachment 2 -

Indian Point License Renewal Hearing File Index Supplement 83 - Deliberative Process Privilege; Declaration of Christopher G. Miller, dated December 28, 2015; and Affidavit of Michael J. Wentzel, dated December 28, 2015, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 28th day of December, 2015.

/Signed (electronically) by/

Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1474 E-mail: joseph.lindell@nrc.gov Date of signature: December 28, 2015