ML12335A181

Twelfth Update to Mandatory Disclosures Per 10 C.F.R. 2.336

ML12335A181
Person / Time
Site:	Davis Besse
Issue date:	11/30/2012
From:	Matthews T FirstEnergy Nuclear Operating Co, Morgan, Morgan, Lewis & Bockius, LLP
To:	Harris B, Lodge T - No Known Affiliation, NRC/OGC
SECY RAS
References
RAS 23809, 50-346-LR, ASLBP 11-907-01-LR-BD01
Download: ML12335A181 (11)

Text

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Tel. 202.739.3000 Fax: 202.739.3001 www.morganlewis.com Timothy P. Matthews Partner 202.739.5527 tmatthews@morganlewis.com November 30, 2012 VIA ELECTRONIC INFORMATION EXCHANGE Terry J. Lodge, Esq.

316 N. Michigan St., Suite 520 Toledo, OH 43604 Brian G. Harris, Esq.

Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Twelfth Update to Mandatory Disclosures Pursuant to 10 C.F.R. § 2.336; FirstEnergy Nuclear Operating Co., License Renewal for Davis-Besse Nuclear Power Station, Docket No. 50-346

Dear Counsel:

Pursuant to 10 C.F.R. § 2.336, the Boards Initial Scheduling Order dated June 15, 2011, and the Boards Order modifying the Initial Scheduling Order dated November 2, 2011, FirstEnergy Nuclear Operating Company (FENOC) is providing the enclosed disclosures for Intervenors Contention 4 as affirmed by the Commission on March 27, 2012 (CLI-12-18).

FENOCs disclosures consist of the following:

• Enclosure 1 is reserved for the names, addresses, and telephone numbers of the persons upon whose opinion FENOC will base its positions on the contention and upon whom FENOC may rely as witnesses, and a copy of the analyses and authorities upon which they base their opinions. FENOC has not yet identified witnesses for any hearing on the contention, and will update Enclosure 1 when it has identified its witnesses.

• Enclosure 2 provides a description, by category and location, of the documents, data compilations, and tangible things in the possession, custody, or control of FENOC that may be relevant to the admitted contention. Per the Scheduling Order and our agreement, Almaty Beijing Boston Brussels Chicago Dallas Frankfurt Harrisburg Houston Irvine London Los Angeles Miami Moscow New York Palo Alto Paris Philadelphia Pittsburgh Princeton San Francisco Tokyo Washington Wilmington

Terry J. Lodge, Esq.

Brian G. Harris, Esq.

November 30, 2012 Page 2 these disclosures do not include privileged documents, or publicly-available documents unless FirstEnergy expects to rely on them at hearing. 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 is reserved for an index of documents, data compilations, or tangible things that may be relevant to the contention but that contain proprietary information, Sensitive Unclassified Non-Safeguards Information (SUNSI), or otherwise protected information.

FENOC did not identify any new relevant documents, data compilations, or tangible things that contain proprietary information, SUNSI, or otherwise protected information.

In order to compile Enclosures 2 and 3, a search was conducted of documents in FENOCs possession, custody, or control. The attached affidavit attests that all relevant materials identified by this search that are required to be disclosed under the Scheduling Order have been disclosed.

When FENOC identifies additional relevant documents or the witnesses for any hearing on the contention, FENOC will update these disclosures as required by the Boards Scheduling Order.

FENOC has been conservative in identifying documents for inclusion in Enclosures 2 and 3. By identifying documents in those Enclosures, FENOC does not necessarily concede that the documents are in fact relevant or material to the admitted contention.

Sincerely, Executed in Accord with 10 C.F.R. § 2.304(d)

Signed (electronically) by Timothy P. Matthews Timothy P. Matthews 1111 Pennsylvania Ave. NW Washington, DC 2004 (202) 739-5527 tmatthews@morganlewis.com Counsel for FirstEnergy Nuclear Operating Co.

Enclosures

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

)

In the Matter of )

) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY )

)

(Davis-Besse Nuclear Power Station, Unit 1) )

)

AFFIDAVIT OF CLIFF CUSTER

1. My name is Cliff Custer. I am the Project Manager, License Renewal, at FirstEnergy Nuclear Operating Company (FENOC). Working with the attorneys for FENOC, I have been responsible for managing the collection of documents, data compilations, and tangible things to comply with the mandatory disclosure requirements in 10 C.F.R. § 2.336 and the Atomic Safety and Licensing Boards Initial Scheduling Order dated June 15, 2011 (Scheduling Order) in this proceeding, and the Licensing Boards Order Granting Motion for Modification of Initial Scheduling Order dated November 2, 2011 in this proceeding.

2. FENOC conducted a search of documents, data compilations, and tangible things in its possession, custody, and control for information relevant to the admitted contention as modified by the Commission (CLI-12-08), and in the possession, custody, and control of its affiliated companies, as specified in 10 C.F.R. § 2.336(a). As provided in 10 C.F.R. § 2.336(c), this search encompassed information and documents reasonably available to FENOC and its affiliated companies, including:

a. Both electronic and paper documents;

b. Corporate records, Davis-Besse license renewal project files, and documents in the possession and control of individuals who have worked on the Davis-Besse license renewal project or on matters potentially relevant to the admitted contention; and

c. Documents, data compilations, and tangible things in the possession and control of AREVA, Inc. (AREVA), which assisted FENOC in preparing portions of the Davis-Besse Environmental Report.

3. Consistent with the Boards Scheduling Order, Enclosure 2 to this Affidavit provides an index of relevant, non-privileged, non-protected documents, data compilations, and tangible things that were located as a result of this search.

4. FENOC did not identify any new relevant documents, data compilations, and tangible things containing information that FENOC believes are proprietary to FENOC or its affiliated companies or third parties, or falls within the category of Sensitive Unclassified, Non-Safeguards Information (SUNSI).

5. FENOC has been conservative in identifying documents for inclusion in the Enclosures.

Accordingly, FENOC is not suggesting that just because a document is listed on an Enclosure that it is indeed relevant to the admitted contention.

6. These disclosures are reasonably accurate and complete as of October 31, 2012.

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The statements made above are true to the best of my knowledge, information, and belief.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in Accord with 10 C.F.R. § 2.304(d)

Signed (electronically) by Cliff Custer Cliff Custer License Renewal Project Manager FirstEnergy Nuclear Operating Company Beaver Valley Nuclear Power Station Route 168 Shippingport, PA 15077 Phone: 724-682-7139 E-mail: custerc@firstenergycorp.com Executed this 29th day of November 2012.

3 (Reserved)

First Energy-Davis-Besse License Renewal Proceeding Mandatory Disclosure Log Twelfth Update, November 30, 2012 Log No. Category Location* Document Title Date Contentions FEDB-000008343 Standard Morgan, Lewis & Compare FP Release.xls 10/24/2012 Contention 4 file;Standard file Bockius without attachment

• Morgan Lewis is located at 1111 Pennsylvania Avenue, NW Washington, DC 20004 1 (Reserved)

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

)

In the Matter of )

) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY )

)

(Davis-Besse Nuclear Power Station, Unit 1) ) November 30, 2012

)

CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of FENOCs Twelfth Update to Mandatory Disclosures Pursuant to 10 C.F.R. § 2.336 was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients:

Administrative Judge Administrative Judge William J. Froehlich, Chair Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 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: nicholas.trikouros@nrc.gov Administrative Judge Office of the General Counsel Dr. William E. Kastenberg U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Edward L. Williamson E-mail: wek1@nrc.gov Lloyd B. Subin Brian G. Harris Brian P. Newell Office of the Secretary Catherine E. Kanatas U.S. Nuclear Regulatory Commission edward.williamson@nrc.gov; Rulemakings and Adjudications Staff lloyd.subin@nrc.gov; Washington, DC 20555-0001 brian.harris@nrc.gov; E-mail: hearingdocket@nrc.gov brian.newell@nrc.gov; catherine.kanatas@nrc.gov

Office of Commission Appellate Adjudication Michael Keegan U.S. Nuclear Regulatory Commission Dont Waste Michigan Mail Stop: O-16C1 811 Harrison Street Washington, DC 20555-0001 Monroe, MI 48161 E-mail: ocaamail@nrc.gov E-mail: mkeeganj@comcast.net Kevin Kamps Terry J. Lodge Paul Gunter 316 N. Michigan St., Ste. 520 Beyond Nuclear Toledo, OH 43604 6930 Carroll Avenue, Suite 400 E-mail: tjlodge50@yahoo.com Takoma Park, MD 20912 E-mail: kevin@beyondnuclear.org; paul@beyondnuclear.org Signed (electronically) by Jane T. Accomando Jane T. Accomando Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, DC 20004 Phone: 202-739-3000 Fax: 202-739-3001 E-mail: jaccomando@morganlewis.com 2