ML100150104: Difference between revisions

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| issue date = 01/15/2010
| issue date = 01/15/2010
| title = 2010/01/15-TVA Initial Mandatory Disclosures with Respect to Intervenors' Contentions 1 and 7
| title = 2010/01/15-TVA Initial Mandatory Disclosures with Respect to Intervenors' Contentions 1 and 7
| author name = Chandler C C
| author name = Chandler C
| author affiliation = Tennessee Valley Authority
| author affiliation = Tennessee Valley Authority
| addressee name = Curran D, Roth D E
| addressee name = Curran D, Roth D
| addressee affiliation = Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC
| addressee affiliation = Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC
| docket = 05000391
| docket = 05000391
Line 58: Line 58:
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AFFIDAVIT  1. My name is Gordon Arent. My title is Manager, Nuclear Licensing and Industry Affairs, Nuclear Generation Development & Construction, at Unit 2 of the Tennessee Valley Authority's (TVA) Watts Bar Nuclear Plant. Working with the attorneys for TVA, I have been responsible for managing the searches, collection, and compilation of documents, data compilations, and tangible things to comply with the mandatory disclosure requirements in 10 CFR § 2.336.  
AFFIDAVIT  1. My name is Gordon Arent. My title is Manager, Nuclear Licensing and Industry Affairs, Nuclear Generation Development & Construction, at Unit 2 of the Tennessee Valley Authority's (TVA) Watts Bar Nuclear Plant. Working with the attorneys for TVA, I have been responsible for managing the searches, collection, and compilation of documents, data compilations, and tangible things to comply with the mandatory disclosure requirements in 10 CFR § 2.336.
: 2. This Affidavit relates to the initial disclosures that TVA is providing on January 15, 2010, in the above-captioned proceeding pursuant to 10 CFR § 2.336 and the parties' joint agreement on mandatory disclosures, dated December 1, 2009.  
: 2. This Affidavit relates to the initial disclosures that TVA is providing on January 15, 2010, in the above-captioned proceeding pursuant to 10 CFR § 2.336 and the parties' joint agreement on mandatory disclosures, dated December 1, 2009.
: 3. A search was conducted of documents, data compilations, and tangible things under the custody and control of TVA for the types of information specified in 10 CFR § 2.336(a). As provided in 10 CFR § 2.336(c), this search was conducted based on information and documents reasonably available to TVA:  
: 3. A search was conducted of documents, data compilations, and tangible things under the custody and control of TVA for the types of information specified in 10 CFR § 2.336(a). As provided in 10 CFR § 2.336(c), this search was conducted based on information and documents reasonably available to TVA:
: a. The searches encompassed both electronic and paper documents.
: a. The searches encompassed both electronic and paper documents.
: b. The searches encompassed both Watts Bar 2 project-related files and documents in the possession and control of individuals who have worked on the Watts Bar 2  
: b. The searches encompassed both Watts Bar 2 project-related files and documents in the possession and control of individuals who have worked on the Watts Bar 2  


project. c. Searches did not encompass documents in the possession of individuals who did not work on the Watts Bar 2 project or files unrelated to the Wa tts Bar 2 project.  
project. c. Searches did not encompass documents in the possession of individuals who did not work on the Watts Bar 2 project or files unrelated to the Wa tts Bar 2 project.
: 4. Enclosure 2 provides the index of relevant non-privileged, non-protected documents, data compilations, and tangible things that were located as a result of this search.  
: 4. Enclosure 2 provides the index of relevant non-privileged, non-protected documents, data compilations, and tangible things that were located as a result of this search.
: 5. Enclosure 3 provides the index of relevant documents, data compilations, and tangible things containing proprietary-related information.  
: 5. Enclosure 3 provides the index of relevant documents, data compilations, and tangible things containing proprietary-related information.
: 6. Enclosure 4 provides the index of relevant documents, data compilations, and tangible things that are publicly available.  
: 6. Enclosure 4 provides the index of relevant documents, data compilations, and tangible things that are publicly available.
: 7. TVA has been conservative in identifying documents for inclusion in Enclosures 2, 3, and 4. By identifying documents on those En closures, TVA does not necessarily concede that the documents are in fact relevant or material to the admitted contentions.  
: 7. TVA has been conservative in identifying documents for inclusion in Enclosures 2, 3, and 4. By identifying documents on those En closures, TVA does not necessarily concede that the documents are in fact relevant or material to the admitted contentions.
: 8. These disclosures are accurate and complete as of January 15, 2010. The statements made above are true to the best of my knowledge, information, and belief. I declare under penalty of perjury that the foregoi ng is true and correct. Executed in Accord With 10 CFR § 2.304(d)   
: 8. These disclosures are accurate and complete as of January 15, 2010. The statements made above are true to the best of my knowledge, information, and belief. I declare under penalty of perjury that the foregoi ng is true and correct. Executed in Accord With 10 CFR § 2.304(d)   
       /s/ Gordon Arent Gordon Arent  Manager, Nuclear Licensing and Industry Affairs Watts Bar Nuclear Plant, Unit 2 Tennessee Valley Authority            Spring City, TN 37381 Phone: 423-365-2004 E-mail: garent@tva.gov Executed this 15th day of January 2010 ENCLOSURE 1 TVA WITNESSES The name and, if known, the address and telephone num ber of any person, including any expert, upon whose opinion the party bases its claims and contentions and may rely upon as a witness:
       /s/ Gordon Arent Gordon Arent  Manager, Nuclear Licensing and Industry Affairs Watts Bar Nuclear Plant, Unit 2 Tennessee Valley Authority            Spring City, TN 37381 Phone: 423-365-2004 E-mail: garent@tva.gov Executed this 15th day of January 2010 ENCLOSURE 1 TVA WITNESSES The name and, if known, the address and telephone num ber of any person, including any expert, upon whose opinion the party bases its claims and contentions and may rely upon as a witness:

Revision as of 14:42, 11 July 2019

2010/01/15-TVA Initial Mandatory Disclosures with Respect to Intervenors' Contentions 1 and 7
ML100150104
Person / Time
Site: Watts Bar Tennessee Valley Authority icon.png
Issue date: 01/15/2010
From: Chandler C
Tennessee Valley Authority
To: Curran D, Roth D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC
SECY RAS
References
50-391-OL, ASLBP No. 09-893-01-OL-BD01, LBP-09-26, RAS 16973
Download: ML100150104 (16)
v • d • e


Text

January 15, 2010 Ms. Diane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.

1726 M Street NW, Suite 600

Washington, DC 20036

Mr. David Roth

Office of the General Counsel

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

RE: Initial Mandatory Disclosu res Pursuant to 10 CFR § 2.336; Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2), Docket No. 50-391-OL

Pursuant to 10 CFR § 2.336 and the agreement among the parties regarding mandatory discovery disclosures dated December 1, 2009, the Tennessee Valley Authority (TVA) is providing its initial mandatory disclosures with respect to Intervenors' Contentions 1 and 7, as admitted by the Board on November 19, 2009 (LBP-09-26).

In order to compile the indices in Enclosures 2, 3, and 4, a search was conducted of documents in TVA's possession, custody, or control. Attached is a supporting affidavit. TVA's initial disclosures consist of the following:

  • Enclosure 1 is reserved for the names, addresses, and telephone numbers of the persons upon whose opinion TVA will base its positions on the contentions and upon whom TVA may rely as a witness, and a copy of the analyses and authorities upon which they base their opinions. TVA has not yet identified witnesses for any hearing on the contentions, and will update when it has identified its witnesses.
  • Enclosure 2 provides a descri ption, by category and location, of non-privileged documents, data compilations, and tangible things in the possession, custody, or control of TVA that are relevant to the admitted contentions in this proceeding. 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 provides an index of documents, data compilations, or tangible things that may be relevant to the contentions but that contain proprietary information, Sensitive Unclassified Non-Safeguards Information (SUNSI), or otherwise protected information. Upon request by the NRC staff, TVA will provide a copy of any such material using the procedure in 10 CFR § 2.390. If the Intervenors desire a copy, TVA will work with the Intervenors to develop a mutually acceptable draft Protective Order for issuance by the Board and a Non-Disclosure Agreement for signature by those persons working with the Intervenors. TVA will provide any requested proprietary documents to the Intervenors after the Board has entered a Protective Order and the Intervenors have signed and returned to TVA the Non-Disclosure Agreement.

Ms. Diane Curran Mr. David Roth

Page 2 January 15, 2010

  • Enclosure 4 provides an index of relevant documents that are otherwise publicly available.

In the event that TVA identifies additional relevant documents or the witnesses for any hearing on the contentions, TVA will update these disclosures periodically on the fifteenth day of each month as required by the December 1, 2009 mandatory disclosure agreement.

In order to compile these enclosures, TVA made a reasonable search of its records. We are attaching an affidavit which attests that all relevant materials identified by this search have been disclosed, and that the disclosures are accurate and complete as of January 15, 2010.

TVA has been conservative in identifying documents for inclusion in Enclosures 2, 3, and 4. By identifying documents on those Enclosures, TVA does not necessarily concede that the documents are in fact relevant or material to the admitted contentions. Also, in order to facilitate your review of these disclosures, we have made a good faith effort to identify the contention number(s) to which each record is responsive. These determinations, however, do not constitute an admission that each and every record is necessarily responsive to that contention(s), and documents may be responsive to additional contentions not identified.

Sincerely,

Signed (electronically) by /s/ Christopher C. Chandler Christopher C. Chandler Office of the General Counsel Tennessee Valley Authority 400 W. Summit Hill Drive, WT 6A-K Knoxville, TN 37902-1401

Phone: (865) 632-7317

Fax: (865) 632-6147 E-mail: ccchandler0@tva.gov Counsel for TVA Attachments cc: Service List UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) Docket No. 50-391 TENNESSEE VALLEY AUTHORITY )

) January 15, 2010 (Watts Bar Nuclear Plant, Unit 2) )

)

)

AFFIDAVIT 1. My name is Gordon Arent. My title is Manager, Nuclear Licensing and Industry Affairs, Nuclear Generation Development & Construction, at Unit 2 of the Tennessee Valley Authority's (TVA) Watts Bar Nuclear Plant. Working with the attorneys for TVA, I have been responsible for managing the searches, collection, and compilation of documents, data compilations, and tangible things to comply with the mandatory disclosure requirements in 10 CFR § 2.336.

2. This Affidavit relates to the initial disclosures that TVA is providing on January 15, 2010, in the above-captioned proceeding pursuant to 10 CFR § 2.336 and the parties' joint agreement on mandatory disclosures, dated December 1, 2009.
3. A search was conducted of documents, data compilations, and tangible things under the custody and control of TVA for the types of information specified in 10 CFR § 2.336(a). As provided in 10 CFR § 2.336(c), this search was conducted based on information and documents reasonably available to TVA:
a. The searches encompassed both electronic and paper documents.
b. The searches encompassed both Watts Bar 2 project-related files and documents in the possession and control of individuals who have worked on the Watts Bar 2

project. c. Searches did not encompass documents in the possession of individuals who did not work on the Watts Bar 2 project or files unrelated to the Wa tts Bar 2 project.

4. Enclosure 2 provides the index of relevant non-privileged, non-protected documents, data compilations, and tangible things that were located as a result of this search.
5. Enclosure 3 provides the index of relevant documents, data compilations, and tangible things containing proprietary-related information.
6. Enclosure 4 provides the index of relevant documents, data compilations, and tangible things that are publicly available.
7. TVA has been conservative in identifying documents for inclusion in Enclosures 2, 3, and 4. By identifying documents on those En closures, TVA does not necessarily concede that the documents are in fact relevant or material to the admitted contentions.
8. These disclosures are accurate and complete as of January 15, 2010. The statements made above are true to the best of my knowledge, information, and belief. I declare under penalty of perjury that the foregoi ng is true and correct. Executed in Accord With 10 CFR § 2.304(d)

/s/ Gordon Arent Gordon Arent Manager, Nuclear Licensing and Industry Affairs Watts Bar Nuclear Plant, Unit 2 Tennessee Valley Authority Spring City, TN 37381 Phone: 423-365-2004 E-mail: garent@tva.gov Executed this 15th day of January 2010 ENCLOSURE 1 TVA WITNESSES The name and, if known, the address and telephone num ber of any person, including any expert, upon whose opinion the party bases its claims and contentions and may rely upon as a witness:

Response:

TVA has not yet identified the persons that it may rely upon as its witnesses. TVA will update this disclosure when it has identified such persons.

As discussed below, TVA is currently basi ng its position upon various sections of the Final Supplemental Environmental Impact Statement (FSEIS) for Watts Bar Unit 2, June 2007. The FSEIS was prepared under the dire ction of Ruth Hort on of the Tennessee Valley Authority. Her address and telephone number are as follows:

Ruth M. Horton Tennessee Valley Authority 400 West Summit Hill Drive, WT 11D-K Knoxville, TN 37902-1401 (865) 632-3719

A copy of the analysis or other authority upon which that person bases his or her opinion:

Response: Currently, TVA bases its position on the following sections of the Watts Bar FSEIS and the references cited therein:

  • Contention 1 (List of Required Perm its) - - FSEIS chs. 1.3, 1.5, tbl. 1-1
  • Contention 7 (Aquatic Impacts) - - FSE IS chs. 2.2, 2.4, 3.1, 3.2, tbls. 1-1, 2-1, and references cited therein.

The Watts Bar Unit 2 FSEIS is publicly ava ilable at http://www.nrc.gov/reactors/plant-specific-items/watts-bar/key-correspondence.html.

TVA will update this disclosure when it has identified the persons that it may use as witnesses and the analyses and authorit ies upon which they base their opinions.

Page 1 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

ENCLOSURE 2 Mandatory Disclosure Log DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 1 Jan 2001 TVA TVA N/A Watts Bar Nuclear Plant Supplemental Condenser Cooling Water System Fish Monitoring Program Final Report 7 2 May 2009 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2008 7 3 May 2008 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2007 7 4 May 2007 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2006 7 5 May 2006 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2005 7 6 June 2005 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2004 7 7 June 2004 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2003 7 8 June 2003 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2002 7 9 Sept 1994 TVA TVA N/A Summary of Preoperational Monitoring of the Mussel Fauna in Upper Chickamauga Reservoir in the Vicinity of the Watts Bar Nuclear Plant, 1983-1993 7 10 Sept 1993 TVA TVA N/A The Effects of Aquatic Macrophytes on Fish Populations of Chickamauga Reservoir Coves, 1970-90 7 11 May 1989 TVA TVA N/A Update of the Watts Bar Nuclear Plant Preoperational Monitoring of the Mussel Fauna in Upper Chickamauga Reservoir 7 12 Apr 1980 TVA TVA N/A Watts Bar Nuclear Plant Preoperational Aquatic Monitoring Report, 1973-1977 7 13 Mar 1980 TVA TVA N/A Watts Bar Nuclear Plant Preoperational Aquatic Monitoring Report, 1977-1979 7 Page 2 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 14 Dec 1997 TVA TVA N/A Watts Bar Nuclear Plant Supplemental Condenser Cooling Water Project Thermal Plume Modeling 7 15 Apr 1997 TVA Tennessee Technological University Center for the Management, Utilization and Protection of Water Resources N/A Watts Bar Tailwater Fishery Creel Survey, April 1996 through March 1997, Interim Report 7 16 June 2002 TVA TVA N/A Biological Monitoring of the Tennessee River Near Watts Bar Nuclear Plant Discharge, 2001 7 17 Oct 1990 TVA TVA N/A Status of the White Crappie Population in Chickamauga Reservoir Final Project Report 7 18 Aug 1991 TVA TVA N/A Status of the Channel Catfish Population in Chickamauga Reservoir First Year Progress Report 7 19 May 1992 TVA TVA N/A Recommendation and Implementation of Special Seasonal Flow Releases to Enhance Sauger Spawning in Watts Bar Tailwater 7 20 Dec 1986 TVA TVA N/A Preoperational Assessment of Water Quality and Biological Resources of Chickamauga Reservoir, Watts Bar Nuclear Plant, 1973-1985 7 21 Dec 1986 TVA TVA N/A Preoperational Assessment of Water Quality and Biological Resources of Chickamauga Reservoir, Watts Bar Nuclear Plant, 1973-1985, Appendices 7 22 Aug 1991 TVA TVA N/A Population Survey of Sauger in Chickamauga Reservoir, 1990-1991 7 23 Aug 1990 TVA TVA N/A Population Survey of Sauger (Stizostedion canadense) in Chickamauga Reservoir, 1989 7 24 Apr 1992 TVA TVA N/A Fish Community Assessment of Selected Chickamauga Reservoir Embayments 7 25 Sept 1976 TVA TVA N/A Estimates of Entrainment of Fish Eggs and Larvae By Watts Bar Steam Plant, 1975, and Assessment of the Impact of the Fisheries Resources of Watts Bar Reservoir 7

Page 3 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 26 Nov 1976 TVA TVA N/A Environmental Information, Watts Bar Nuclear Plant Units 1 and 2 7 27 1996 TVA TVA N/A Chickamauga Reservoir Sauger Investigation, 1993-1995, Final Project Report 7 28 Sept 1994 TVA TVA N/A Chickamauga White Bass Study, 1990-1992, Final Project Report 7 29 Feb 2000 TVA TVA N/A Chickamauga Reservoir Fisheries Monitoring, 1999 Cove Rotenone Results 7 30 June 2000 TVA TVA N/A Chickamauga Reservoir Fisheries Monitoring, 1999 Cove Rotenone Results 7 31 May 1996 TVA TVA N/A Chickamauga Reservoir 1995 Fisheries Monitoring Cove Rotenone Results 7 32 June 1992 TVA TVA N/A Chickamauga Reservoir 1991 Fisheries Monitoring Cove Rotenone Results 7 33 June 1991 TVA TVA N/A Chickamauga Reservoir 1990 Fisheries Monitoring Cove Rotenone Results 7 34 June 1990 TVA TVA. N/A Chickamauga Reservoir 1989 Fisheries Monitoring Cove Rotenone Results 7 35 June 1989 TVA TVA N/A Chickamauga Reservoir 1988 Fisheries Monitoring Cove Rotenone Results 7 36 June 1997 TVA TVA N/A Aquatic Environmental Conditions in the Vicinity of Watts Bar Nuclear Plant During the First Year of Operation, 1996 7 37 June 1998 TVA TVA N/A Aquatic Environmental Conditions in the Vicinity of Watts Bar Nuclear Plant During Two Years of Operation, 1996-1997 7 38 Aug 1999 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1998 7 39 Sept 2001 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 2000 7 40 Apr 1995 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1994 7 41 Mar 1991 TVA TVA N/A 1990 Preoperational Monitoring of the Mussel Fauna in Upper Chickamauga Reservoir in the Vicinity of the Watts Bar Nuclear Plant 7 42 Feb 2002 TVA TVA N/A Watts Bar Native Mussel Enhancement Project: Preliminary Evaluation of

an Artificial Boulder Field for Enhancing Native Mussel Habitat in the Watts Bar Tailwater, Tennessee River Mile 528.5 7 Page 4 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 43 July 1992 TVA TVA N/A Reservoir Monitoring-1991 Summary of Vital Signs and Use Impairment Monitoring on Tennessee Valley Reservoirs 7 44 July 1981 TVA TVA N/A Final Environmental Impact Statement: Watts Bar Waste Heat Park, Rhea County, Tennessee, Volume I 7 45 July 1981 TVA TVA N/A Final Environmental Impact Statement: Watts Bar Waste Heat Park, Rhea County, Tennessee, Volume II 7 46 Feb 1977 TVA TVA N/A Effects of Watts Bar Nuclear Plant and Watts Bar Steam Plant Discharges on Chickamauga Lake Water Temperatures 7 47 May 1977 TVA TVA N/A Results of Hydrothermal Model Tests of the Multiport Diffuser System Watts Bar Nuclear Plant 7 48 Dec 1993 TVA TVA N/A Discharge Temperature Limit Evaluation for Watts Bar Nuclear Plant 7 49 May 1994 TVA TVA N/A Tennessee Valley Reservoir and Stream Quality - 1993 Summary of Vital Signs and Use Suitability Monitoring Volume I 7 50 May 1994 TVA TVA N/A Tennessee Valley Reservoir and Stream Quality - 1993 Summary of Vital Signs and Use Suitability Monitoring Volume II 7 51 Nov 1998 TVA TVA N/A Hydrodynamics and Water Temperature Modeling at Watts Bar SCCW Discharge Structure 7 52 Oct 2004 TVA TVA N/A Proposed Modifications to Water Temperature Effluent Requirements for Watts Bar Nuclear Plant Outfall 113 7 53 May 1980 TVA Oak Ridge National Laboratory (ORNL) NRC Threadfin Shad Impingement: Effect of Cold Stress 7 54 11/12/2008 TVA GE Water & Process Technologies/TVA TVA Water Analysis Report for 30 Oct 2008 7 55 May 2004 TVA TVA N/A 1997 Verification Studies of Thermal Discharge for Watts Bar Nuclear Plant 7 56 2/9/2007 TVA Dynamic Solutions, LLC/TVA N/A RFP 103006 Report Rev1 Watts Bar Unit 2 Thermal Effluent Study 7 57 Sept 2001 TVA TVA N/A Hydrothermal Data for Watts Bar Nuclear Plant SCCW Outfall 7

Page 5 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 58 Nov 1999 TVA TVA N/A July 1999 Verification Study of Thermal Discharge for Watts Bar Nuclear Plant Supplemental Condenser Cooling Water System 7 59 Feb 2006 TVA TVA N/A Summer 2005 Compliance Survey for Watts Bar Nuclear Plant Outfall 113 Passive Mixing Zone 7 60 Jan 2007 TVA TVA N/A Summer 2006 Compliance Survey for Watts Bar Nuclear Plant Outfall 113 Passive Mixing Zone 7 61 Oct 2005 TVA TVA N/A Winter 2005 Compliance Survey for Watts Bar Nuclear Plant Outfall 113 Passive Mixing Zone 7 62 Jan 2007 TVA TVA N/A Winter 2006 Compliance Survey for Watts Bar Nuclear Plant Outfall 113 Passive Mixing Zone 7 63 Sept 2000 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1999 7 64 Sept 2000 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1999 Appendices 7 65 April 1998 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1997 Sections 1 through 3 7 66 April 1998 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1997 Sections 4 through 6 7 67 April 1998 TVA TVA N/A Aquatic Ecological Health Determinations for TVA Reservoirs - 1997 Appendices 7 68 Jan 1988 TVA TVA N/A Results of Plankton Studies Conducted in 1986 and 1987 as Part of the Operational Aquatic Monitoring Program at Sequoyah Nuclear Plant, Chickamauga Reservoir 7 69 1991 TVA TVA N/A Reservoir Monitoring Fiscal Year 1991 Workplan 7 70 11/15/2006 TVA TVA/R. Horton J. Chardos Email discussing follow-up mussel habitat survey 7 71 10/12/2006 TVA TVA/S. Chance R. Horton Email addressing status of mussels and potential for follow-up mussel survey 7 72 6/1/2007 TVA TVA/D. Wade R. Sherrad, J. Wright, H, Rucker Email discussing ammonia toxicity and mussel studies 7 73 6/1/2007 TVA TVA/R. Horton N/A Notes on Permitting Meeting with Tennessee Department of Environment and Conservation (TDEC) 7 Page 6 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 74 Jan 2007 TVA TVA/P. Hopping N/A Diagram depicting summer and winter mode operating of Watts Bar SCCW 7 75 5/25/2007 TVA TVA/ S. Chance J. Chardos, B. Yeager, R. Horton Email discussing potential endangered species mitigation measures 7 76 May 2007 TVA TVA N/A List of possible endangered species mitigation measures 7 77 1/19/2007 TVA TVA/R. Horton J. Phillips Email discussing compilation of required permits list for Watts Bar Unit 2 1 78 12/20/2006 TVA TVA/R. Horton D. Pittman, J. Phillips Email forwarding draft Bellefonte permit table to serve as a guide for use in preparing updated Watts Bar application 1 79 Nov 2006 TVA Enercon/D.

Luchsinger N/A Draft table of permits required for Bellefonte COL application 1 80 1/23/2007 TVA TVA/R. Horton J. Phillips Email discussion concerning inclusion of Watts Bar construction permit and operating license in list of required permits 1 81 5/31/2007 TVA TVA/P. Hopping R. Horton Email discussing design bases for Outfall 101 and 113 discharges 7 82 2/13/2008 TVA TVA/D. Hutchison TDEC Watts Bar Nuclear Plant NPDES Water Withdrawal Registration Form for Calendar Year 2007 and Revised Registration Form for Calendar Year 2006 7 83 Sept 2009 TVA TVA N/A Comparison of Fish Species Occurrence and Trends in Reservoir Fish Assemblage Index Results in Chickamauga Reservoir before and after Watts Bar Nuclear Plant Unit 1 Operation 7 84 Dec 1995 TVA TVA N/A Effects of Thermal Effluent From Sequoyah Nuclear Plant on Fish Populations in Chickamauga Reservoir 7 85 Dec 2009 TVA TVA N/A Figures showing sampling locations in Watts Bar and Chickamauga Reservoirs 7 86 Nov 2003 TVA TVA N/A Intake Temperature Prediction at Kingston Fossil Power Plant 7 87 4/25/2007 TVA TVA/R. Horton B. Eiford-Lee, D.

Pittman, et al. Email summarizing meeting between TVA and TDEC to discuss Biocide/Corrosion Treatment Plant modifications and NPDES permit renewal 7 88 2/20/2004 TVA TVA N/A Categorical Exclusion Checklist, Increase in Allowable UHS Temperature to 88°F 7

Page 7 of 7

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/DESCRIPTION CONTENTION 89 1999 TVA T.A. McDonough, G.D. Hickman N/A Chapter 20: Reservoir Fish Assemblage Index Development: A Tool for Assessing Ecological Health in Tennessee Valley Authority Impoundments, in Assessing the Sustainability and Biological Integrity of Water Resources Using Fish Communities 7 90 12/23/2009 TVA TVA NRC Watts Bar Nuclear Plant Unit 2 - Additional Information Regarding Environmental Review (TAC No. MD8203) 7 Page 1 of 1

  • TVA is located at 400 W. Summit Hill Drive, Knoxville, TN 37902.

ENCLOSURE 3 Proprietary Log DOC # DATE LOCATION* AUTHOR/ CUSTODIAN TO SUBJECT/ DESCRIPTION CONTENTION BASIS FOR PROPRIETARY STATUS 1 Mar 2008 TVA Electric Power Research Institute, ORNL N/A The Role of Temperature and Nutritional Status in Impingement of Clupeid Fish Species 7 EPRI Proprietary - Impingement Study

Page 1 of 1 ENCLOSURE 4 Publicly Available Log DOC # DATE LOCATION AUTHOR/ CUSTODIAN TO SUBJECT/ DESCRIPTION CONTENTION 1 Nov 1972 Available at http://www.tva.gov/environment/reports/wattsbar2/related/nov_1972.pdf TVA N/A Environmental Statement, Watts Bar Nuclear Plant Units 1 and 2 1, 7 2 Aug 1993 Available at http://www.tva.gov/environment/reports/wattsbar2/related/aug_1993.pdf TVA N/A Environmental Impact Statement (EIS) Review Watts Bar Nuclear Plant 7 3 Feb 1995 Available at http://www.tva.gov/environment/reports/energyvision2020/index.htm TVA N/A Energy Vision 2020 Integrated Resource Plan/Environmental Impact Statement 7 4 June 2007 Available at http://www.tva.gov/environment/reports/wattsbar2/appendix_d.pdf TVA N/A FSEIS Appendix D:

Response to Comments 7 5 Aug 1998 Available at http://www.tva.gov/environment/reports/wattsbar2/related/aug_1998.pdf TVA N/A Final Environmental Assessment Related to the Watts Bar Nuclear Plant Supplemental Condenser Cooling Water Project 7 6 May 2004 Available at http://www.tva.gov/environment/reports/ros_eis/index.htm TVA N/A Reservoir Operations Study Final Programmatic Environmental Impact Statement 7

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

__________________________________________ ) In the Matter of ) ) TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391 ) (Watts Bar Nuclear Plant, Unit 2) ) January 15, 2010

__________________________________________)

CERTIFICATE OF SERVICE I hereby certify that copies of the "Initial Mandatory Disclo sures Pursuant to 10 CFR § 2.336; Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2), Docket No. 50-391-OL" and the "Affidavit of Gordon Arent" have been served on the following persons this 15th day of January, 2010, by Electronic Information Exchange:

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission Mail Stop: T-3F23

Washington, DC 20555-0001

Lawrence G. McDade, Chair Administrative Judge E-mail: lgm1@nrc.gov Paul B. Abramson Administrative Judge E-mail: pba@nrc.gov Gary S. Arnold Administrative Judge E-mail: gxa1@nrc.gov Wen Bu, Law Clerk E-mail: wxb3@nrc.gov

Office of Commission Appellate

Adjudication

U.S. Nuclear Regulatory Commission Mail Stop: O-16C1

Washington, DC 20555-0001

OCAA Mail Center E-mail: ocaamail@nrc.gov

Office of the Secretary Rulemaking and Adjudications Staff

U.S. Nuclear Regulatory Commission Mail Stop: O-16C1

Washington, DC 20555-0001

Hearing Docket E-mail: hearingdocket@nrc.gov

Office of the General Counsel

U.S. Nuclear Regulatory Commission Mail Stop: O-15D21

Washington, DC 20555-0001 Edward Williamson, Esq.

E-mail: elw2@nrc.gov David Roth, Esq.

E-mail: david.roth@nrc.gov Andrea Jones, Esq.

E-mail: andrea.jones@nrc.gov Jeremy M. Suttenberg, Esq.

E-mail: jeremy.suttenberg@nrc.gov Brian Newell, Paralegal E-mail: bpn1@nrc.gov OGC Mail Center E-mail: OGCMailCenter@nrc.gov

Diane Curran, Esq.

Matthew D. Fraser, Esq.

Representatives of Southern Alliance for Clean Energy (SACE)

Harmon, Curran, Spielberg &

Eisenberg, L.L.P.

1726 M Street NW, Suite 600

Washington, DC 20036 E-mail: dcurran@harmoncurran.com mfraser@harmoncurran.com

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Co-counsel for Tennessee Valley Authority

Paul M. Bessette, Esq.

E-mail: pbessette@morganlewis.com Kathryn M. Sutton, Esq.

E-mail: ksutton@morganlewis.com

Signed (electronically) by

/s/ Christopher C. Chandler Christopher C. Chandler Office of the General Counsel Tennessee Valley Authority 400 W. Summit Hill Drive, WT 6A-K Knoxville, TN 37902-1401

Phone: (865) 632-7317 Fax: (865) 632-6147 E-mail: ccchandler0@tva.gov Counsel for TVA

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