ML18100A999

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NRC Staff Hearing File Update 5 and Schedule Update Information
ML18100A999
Person / Time
Site: Clinch River
Issue date: 04/10/2018
From: Hove A
NRC/OGC
To: Sue Abreu, Gary Arnold, Paul Ryerson
Atomic Safety and Licensing Board Panel
SECY RAS
References
52-047-ESP, ASLBP 17-954-01-ESP-BD01, RAS 54265
Download: ML18100A999 (8)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555 - 0001 April 10, 2018 Administrative Judge Administrative Judge Paul S. Ryerson, Chair Dr. Sue H. Abreu 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 Dr. Gary S. Arnold Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of TENNESSEE VALLEY AUTHORITY (Clinch River Nuclear Site Early Site Permit Application)

Docket No. 52-047-ESP

Dear Administrative Judges:

Pursuant to the Atomic Safety and Licensing Boards Initial Scheduling Order, dated December 7, 2017, the staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that the hearing file has been updated for this proceeding.

Also, the Staff herein notifies the Board of new information regarding the planned publication time frame for the draft environmental impact statement (DEIS).

This is the NRC staffs fifth hearing file and mandatory disclosures update. 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 the update is appended hereto as Attachment 1.

On or about April 20, 2018, the documents identified in the hearing file may be accessed through ADAMS or through the Electronic Hearing Docket (EHD), which may be accessed at https://adams.nrc.gov/ehd/. The hearing file will be contained in the Staff Discovery Materials tab of the EHD, in a sub-folder entitled, Clinch River Hearing File, Update 5 in the Clinch River Nuclear Site ESP" folder. Any party who seeks access to a document listed in the NRC staff hearing file index prior to it populating the publicly available folder may contact NRC staff counsel.

Judge Ryerson April 10, 2018 Judge Arnold Judge Abreu In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing a privilege log identifying a document withheld as subject to protected status, appended hereto as Attachment

2. Also attached is the Declaration of Allen Fetter formally invoking privilege with respect to the document listed in Attachment 2. The Staff will preserve and maintain the document identified in this log during the pendency of this proceeding.

Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Allen Fetter, 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 April 5, 2018.

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), as modified by the Agreement of the Parties Regarding Mandatory Discovery Disclosures, dated November 8, 2017, and 10 C.F.R.

§ 2.1203 in this proceeding. In identifying these documents, the Staff does not concede their relevance to the issues to be decided in this proceeding.

Finally, the Staff would like to inform the Board of more definitive information regarding the time frame in which the staff plans to publish the DEIS. The Staff currently expects to publish the DEIS in the second half of April, 2018.

Sincerely,

/Signed (electronically) by/

Ann Hove Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Update 5 Attachment 2 - Privilege Log, Update 5 Declaration of Allen Fetter Affidavit of Allen Fetter cc w/ Encls.: Service List

Attachment 1 - Clinch River Nuclear Site ESP Hearing File Index, Update 5 - April 10, 2018 Accession Document ID# Title Number Date 05-001 ML18096B373 3/08/2018 2018/03/08 Clinch River ESP - [External_Sender] 3/9 Call April 2017, Hydrology and Health Physics Safety Audit Summary for the Tennessee 05-002 ML17341A276 3/23/2018 Valley Authority Clinch River Nuclear Site Early Site Permit Application 05-003 ML18066A737 3/15/2018 Announcement Letter Clinch River QA Implementation Inspection Clinch River, Response to Portion of Request for Additional Information Related to 05-004 ML18068A732 3/9/2018 Emergency Planning Exemption Requests in Support of Early Site Permit Application Clinch River - Submittal of Revised Site Safety Analysis Report Subsection 2.4.3.2,05-005 ML18075A314 3/16/2018 "Probable Maximum Precipitation," in Support of Early Site Permit Application Clinch River, Response to Portion of Request for Additional Information Related to 05-006 ML18089A605 3/30/2018 Emergency Planning Exemption Requests in Support of Early Site Permit Application 05-007 ML18096A012 3/26/2018 2018/03/26 Clinch River ESP - [External_Sender] RE: Potential errors in ER Table 1.2-2 05-008 ML18096A014 3/26/2018 2018/03/26 Clinch River ESP - Potential errors in ER Table 1.2-2 05-009 ML18096A015 3/30/2018 2018/03/30 Clinch River ESP - [External_Sender] Additional information 05-010 ML18096B342 3/28/2018 2018/03/28 Clinch River ESP - [External_Sender] RE: April 6 Recurring Meeting 05-011 ML18096B348 3/28/2018 2018/03/28 Clinch River ESP - Re: RE: April 6 Recurring Meeting 05-012 ML18096B355 3/28/2018 2018/03/28 Clinch River ESP - [External_Sender] April 6 Recurring Meeting 05-013 ML18096B360 3/8/2018 2018/03/08 Clinch River ESP - Re: [External_Sender] 3/9 Call 05-014 ML18096B365 3/8/2018 2018/03/08 Clinch River ESP - [External_Sender] FW: TVA plans05-015 ML18096B376 3/8/2018 2018/03/08 Clinch River ESP - [External_Sender] 3/9 Call 05-016 ML18096B377 4/4/2018 2018/04/04 Clinch River ESP - [External_Sender] QA Inspection 2018/03/09 Clinch River ESP - [External_Sender] RE: Email capture address for 05-017 ML18096B693 3/9/2018 correspondence with TVA on the Clinch River ESP 2018/03/09 Clinch River ESP - [External_Sender] RE: Email capture address for 05-018 ML18096B692 3/9/2018 correspondence with TVA on the Clinch River ESP 05-019 ML18096B691 3/9/2018 2018/03/09 Clinch River ESP - Clinch River ESP QA Implementation Inspection 05-020 ML18096B710 3/13/2018 2018/03/13 Clinch River ESP - Permission to use Melton Hill Dam image 2018/03/19 Clinch River ESP - QUALITY ASSURANCE PROGRAM IMPLEMENTATION 05-021 ML18096B684 3/19/2018 INSPECTION OF CLINCH RIVER NUCLEAR SITE - EARLY SITE PERMIT APPLICATION 2018/03/28 Clinch River ESP -

SUMMARY

REPORT FOR THE HYDROLOGY AND HEALTH PHYSICS SAFETY AUDIT (SECTIONS 2.4, 11.2 AND 11.3 OF THE SITE 05-022 ML18096B681 3/28/2018 SAFETY ANALYSIS REPORT) FOR THE CLINCH RIVER NUCLEAR EARLY SITE PERMIT APPLICATION 2018/04/02 Clinch River ESP - Clinch River Nuclear Site Early Site Permit Application 05-023 ML18096B707 4/2/2018 Inspection Agenda 05-024 ML18096B677 4/4/2018 2018/04/04 Clinch River ESP - [External_Sender] QA Inspection 05-025 ML18096B685 3/9/2018 Clinch River ESP - CRNS ESP Final QA01_eRAI_8798.pdf 05-026 ML18096B703 3/5/2018 2018/03/05 Clinch River ESP - Met: Feedback on Sections 2.0 and 2.3.1 Rev 1 SSAR

Attachment 2 - Clinch River Nuclear Site ESP Hearing File Index Privilege Log, Update 5 - April 10, 2018 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 trade secrets; privileged, confidential, or financial information; personally identifiable information (PII); or other sensitive unclassified non-safeguards information (SUNSI). Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is providing this log to identify the following documents, which are designated proprietary or other category of sensitive unclassified SUNSI.

ID# Accession Author Title Document Document Addressee Comment Page Number Name & Date Type Name & Count Author Addressee Affiliation Affiliation PPI- ML18089A607 J.W. Supplemental 03/30/2018 Enclosure Document Contains 9 05-01 Shea, Information to Letter Control sensitive TVA Regarding CNL Desk, U.S. information Emergency 046 Nuclear subject to Planning Exemption Regulatory withholding by Requests in Part 6 Commission statute.

of the ESPA Reveals distinguishing aspects about the method by which NuScale develops its consequence analyses of postulated accidents.

April 10, 2018 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

TENNESSEE VALLEY AUTHORITY ) Docket Nos. 52-047-ESP

)

(Clinch River Nuclear Site) )

DECLARATION OF ALLEN FETTER I, Allen Fetter, do hereby state as follows:

1. I am employed as a senior project manager in the Division of New Reactor Licensing in the U.S. Nuclear Regulatory Commissions (NRC) Office of New Reactors (NRO). My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the Clinch River Nuclear Site early site permit 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 a document as privileged because it contained proprietary information. The document is listed in to the submission of the Staffs Initial Disclosures.
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 Directives 3.4 and 12.6, that it contains sensitive proprietary information concerning the Staffs review of the early site permit application.
4. Accordingly, I formally invoke privilege with respect to the document listed in to the submission of the Staffs Initial Disclosures.
5. 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)

Allen Fetter U.S. Nuclear Regulatory Commission Senior Project Manager, Office of New Reactors (301) 415-8556 Allen.Fetter@nrc.gov Washington, DC 20555-0001 Date signed: April 10, 2018 Executed in Rockville, Maryland this 10th day of April, 2018

April 10, 2018 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

TENNESSEE VALLEY AUTHORITY ) Docket Nos. 52-047-ESP

)

(Clinch River Nuclear Site) )

AFFIDAVIT OF ALLEN FETTER CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)

I, Allen Fetter, do hereby state as follows:

1. I am employed as a Senior Project Manager in the U.S. Nuclear Regulatory Commissions (NRC) Office of New Reactors. I currently serve as a project manager for the Clinch River Nuclear Site Early Site Permit (ESP) Application review.
2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. §§ 2.336 (b) and (c) and 2.1203(a)(1) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete for documents identified as of April 5, 2018.
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)

Allen Fetter U.S. Nuclear Regulatory Commission Senior Project Manager, Office of New Reactors (301) 415-8556 Allen.Fetter@nrc.gov Washington, DC 20555-0001 Date signed: April 10, 2018 Executed in Rockville, Maryland this 10th day of April, 2018

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

)

TENNESSEE VALLEY AUTHORITY ) Docket Nos. 52-047-ESP

)

(Clinch River Nuclear Site) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Clinch River Nuclear Site Initial Disclosures, including: Attachment 1 - Clinch River Nuclear Site ESP Hearing File Index, NRC Staff Disclosure - Update 5; Attachment 2 -

Clinch River Nuclear Site ESP Hearing File Index, Update 5 - Privilege Log; Declaration of Allen Fetter; and Affidavit of Allen Fetter, dated April 10, 2018, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 10th day of April, 2018.

/Signed (electronically) by/

Ann Hove Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14 A44 Washington, DC 20555 Telephone: 301-415-0963 E-mail: annhove@nrc.gov Date of signature: April 10, 2018