ML16152B018

Disclosures Supplement 88

ML16152B018
Person / Time
Site:	Indian Point
Issue date:	05/31/2016
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 51127
Download: ML16152B018 (169)

Text

UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 May 31, 2016 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 88 is appended hereto as Attachment 1.

On or about June 10, 2016, 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 88 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 two logs, identifying documents withheld under the deliberative process and documents containing proprietary information; appended hereto as Attachment 2 and 3, respectively. Also attached is the Declaration of Jane E. Marshall formally invoking the deliberative process privilege with respect

Judge McDade May 31, 2016 Judge Kennedy Judge Wardwell 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.

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 May 17, 2016.

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 Lindell Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 88 Attachment 2 - Deliberative Process Privilege Log Attachment 3 - Proprietary Information Log Declaration of Jane E. Marshall Affidavit of Michael J. Wentzel cc w/Encls.: Service List

May 31, 2016 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 JANE E. MARSHALL I, Jane E. Marshall, do hereby state as follows:

1. I am employed as the Acting 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 88.

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 88.

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)

Jane E. Marshall Executed in Rockville, Maryland this 31st day of May, 2016

May 31, 2016 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 May 17, 2016.

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 31st day of May 2016

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 88; Attachment 2 -

Indian Point License Renewal Hearing File Index Supplement 88 - Deliberative Process Privilege; Attachment 3 - Indian Point License Renewal Hearing File Index Supplement 88 -

Proprietary Privilege; Declaration of Jane E. Marshall, dated May 31, 2016; and Affidavit of Michael J. Wentzel, dated May 31, 2016, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 31st day of May, 2016.

/Signed (electronically) by/

Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-16DF3 Washington, DC 20555 Telephone: (301) 287-9114 E-mail: joseph.lindell@nrc.gov Date of signature: May 31, 2016

UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 May 31, 2016 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 88 is appended hereto as Attachment 1.

On or about June 10, 2016, 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 88 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 two logs, identifying documents withheld under the deliberative process and documents containing proprietary information; appended hereto as Attachment 2 and 3, respectively. Also attached is the Declaration of Jane E. Marshall formally invoking the deliberative process privilege with respect

Judge McDade May 31, 2016 Judge Kennedy Judge Wardwell 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.

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 May 17, 2016.

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 Lindell Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 88 Attachment 2 - Deliberative Process Privilege Log Attachment 3 - Proprietary Information Log Declaration of Jane E. Marshall Affidavit of Michael J. Wentzel cc w/Encls.: Service List

May 31, 2016 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 JANE E. MARSHALL I, Jane E. Marshall, do hereby state as follows:

1. I am employed as the Acting 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 88.

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 88.

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)

Jane E. Marshall Executed in Rockville, Maryland this 31st day of May, 2016

May 31, 2016 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 May 17, 2016.

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 31st day of May 2016

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 88; Attachment 2 -

Indian Point License Renewal Hearing File Index Supplement 88 - Deliberative Process Privilege; Attachment 3 - Indian Point License Renewal Hearing File Index Supplement 88 -

Proprietary Privilege; Declaration of Jane E. Marshall, dated May 31, 2016; and Affidavit of Michael J. Wentzel, dated May 31, 2016, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 31st day of May, 2016.

/Signed (electronically) by/

Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-16DF3 Washington, DC 20555 Telephone: (301) 287-9114 E-mail: joseph.lindell@nrc.gov Date of signature: May 31, 2016