ML090580624

Letter to the ASLBP Judges Providing the Hearing File Index, Privilege Log-Deliberative Process, Privilege Log-Proprietary, Sensitive Information, Declarations of Brian Holian, Nathan Goodman, Richard Plasse

ML090580624
Person / Time
Site:	Prairie Island
Issue date:	02/27/2009
From:	Mizuno B NRC/OGC
To:	Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML090580616	List: ML090580617 ML090580618 ML090580619 ML090580620 ML090580621 ML090580622 ML090580623 ML090580624
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 2651
Download: ML090580624 (5)

Text

February 27, 2009 Administrative Judge Administrative Judge William J. Froehlich, Chair Thomas J. Hirons 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 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 NUCLEAR MANAGEMENT COMPANY, LLC (Prairie Island Nuclear Generating Plant, Units 1 and 2)

Docket Nos. 50-282-LR and 50-306-LR; ASLBP No. 08-871-01-LR

Dear Administrative Judges:

Pursuant to the Atomic Safety and Licensing Boards February 18, 2009 Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order), slip op. at 2-3, and the telephone conference call held on February 5, 2009, the staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that a hearing file has been created for this proceeding. The hearing file includes materials required to be produced or disclosed pursuant to 10 C.F.R. § 2.1203, as well as the Staffs mandatory disclosures pursuant to 10 C.F.R. § 2.336(b)(1), (2), and (4), and § 2.336(c). 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 hearing file is appended hereto as Attachment 1.

The hearing file is 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, Prairie Island Hearing File in the Prairie Island_1&2_50-282&50-306-LR" folder of the EHD.

The NRC Staff has identified reference and research material that support its review of the Prairie Island License Renewal Application. Those documents are disclosed in Documents Identified Pursuant to 10 C.F.R. § 2.336(b)(3), which is appended hereto as Attachment 2.

W. Froehlich February 27, 2009 T. Hirons G. Arnold Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is producing logs identifying documents withheld under the deliberative process privilege and the attorney client and the attorney work product privileges (Attachment 3). The Staff is also identifying documents containing proprietary or sensitive information or constituting confidential intergovernmental communications (Attachment 4). The Declaration of Brian E. Holian, which formally invokes the deliberative process privilege with respect to the documents identified in Attachment 3, is Attachment 5.

The Staff will preserve and maintain the privileged documents identified in these logs during the pendency of this proceeding.

Pursuant to 10 C.F.R. § 2.336(c), attached are the affidavits of Nathan E. Goodman and Richard A. Plasse, Jr., certifying that all relevant materials, identified by the Staff by February 18, 2009 and required by the regulation to be disclosed, have been disclosed and that the disclosures are accurate and complete. Mr. Goodmans and Mr. Plasses affidavits are Attachments 6 and 7, respectively.

In its February 18, 2009, Memorandum and Order, slip op. at 3, the Board instructed the Staff to submit a report on February 27, 2009, to be updated on the last business day of each month thereafter, that provides the Staffs best estimate of the dates that it expects to issue the draft and final versions of Supplemental Environmental Impact Statement (SEIS) and the Safety Evaluation Report. The draft and final SEIS are currently scheduled to be issued on June 11, 2009 and January 6, 2010, respectively. The Safety Evaluation, with open items, is currently scheduled to be issued on May 15, 2009 and the final Safety Evaluation Report is currently scheduled to be issued on October 22, 2009. In addition, the Board asked the Staff to report the dates that the Staff believes that the Advisory Committee on Reactor Safeguards (ACRS) and its subcommittees will issue their respective letters or reports regarding the Prairie Island License Renewal Application. At this time, the Staff does not know when the ACRS or its subcommittees will issue their letters or reports. When the Staff obtains those dates, the Staff will provide that information in its monthly report.

Finally, the Board ordered the Staff to update the Milestones page on the Commissions web site regarding the Prairie Island License Renewal. The information on the Milesatones page is current as of this date.

Sincerely, Beth N. Mizuno Counsel for NRC Staff

W. Froehlich February 27, 2009 T. Hirons G. Arnold

Enclosures:

Hearing File Index Documents Identified Pursuant to 10 C.F.R. § 2.336(b)(3)

Privilege Log - Deliberative Process, Attorney/Client, and Attorney Work Product Privilege Log - Proprietary, Sensitive Information, And Intergovernmental Declaration of Brian E. Holian Affidavit of Nathan E. Goodman Affidavit of Richard A. Plasse, Jr.

cc: Service List

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

)

NUCLEAR MANAGEMENT COMPANY, LLC ) Docket Nos. 50-282-LR/ 50-306-LR

)

(Prairie Island Nuclear Generating Plant ) ASLBP No. 08-871-01-LR-BDOI Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS LETTER TRANSMITTING HEARING FILE AND INITIAL DISCLOSURES; ATTACHMENT 1 (HEARING FILE INDEX);

ATTACHMENT 2 (DOCUMENTS IDENTIFIED PURSUANT TO 10 C.F.R. § 2.336(b)(3));

ATTACHMENT 3 (PRIVILEGE LOG, DELIBERATIVE PROCESS, ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT); ATTACHMENT 4 (PRIVILEGE LOG, PROPRIETARY, SENSITIVE INFORMATION AND INTERGOVERNMENTAL); ATTACHMENT 5 (DECLARATION OF BRIAN E. HOLIAN); ATTACHMENT 6 (AFFIDAVIT OF NATHAN E.

GOODMAN); ATTACHMENT 7 (AFFIDAVIT OF RICHARD A. PLASSE, JR.) dated February 27, 2009, have been served upon the following by the Electronic Information Exchange, this 27th day of February, 2009:

Administrative Judge Administrative Judge William J. Froehlich, Chair Gary S. Arnold 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 E-mail: wjf1@nrc.gov E-mail: gxa1@nrc.gov Administrative Judge Office of Commission Appellate Thomas J. Hirons Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Mail Stop - O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov E-mail: thomas.hirons@nrc.gov

2 Office of the Secretary Peter M. Glass, Esq.

Attn: Rulemakings and Adjudications Staff Xcel Energy Services, Inc.

U.S. Nuclear Regulatory Commission 414 Nicollet Mall Washington, DC 20555-0001 Minneapolis, Minnesota 55401 E-mail: HEARINGDOCKET@nrc.gov E-mail: peter.m.glass@xcelenergy.com David R. Lewis, Esq. Phillip R. Mahowald, Esq.

Pillsbury, Winthrop, Shaw, Pittman, LLP General Counsel 2300 N Street, N.W. Prairie Island Indian Community Washington, D.C. 20037-1122 Legal Department E-mail: david.lewis@pillsburylaw.com 5636 Sturgeon Lake Road Welch, MN 55089 E-mail: pmahowald@piic.org

/Signed (electronically) by/

Beth N. Mizuno Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 (301) 415-3122 Beth.Mizuno@nrc.gov