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| issue date = 07/05/2007 | | issue date = 07/05/2007 | ||
| title = 2007/07/05-Vermont Yankee - Letter from Mary C. Baty to Administrative Judges Enclosing Supplement 8 to the Hearing File Index, Privilege Log, Affidavit of Jonathan G. Rowley, and Declaration of Pao-Tsin Kuo | | title = 2007/07/05-Vermont Yankee - Letter from Mary C. Baty to Administrative Judges Enclosing Supplement 8 to the Hearing File Index, Privilege Log, Affidavit of Jonathan G. Rowley, and Declaration of Pao-Tsin Kuo | ||
| author name = Baty M | | author name = Baty M | ||
| author affiliation = NRC/OGC | | author affiliation = NRC/OGC | ||
| addressee name = Elleman T | | addressee name = Elleman T, Karlin A, Wardwell R | ||
| addressee affiliation = NRC/ASLBP | | addressee affiliation = NRC/ASLBP | ||
| docket = 05000271 | | docket = 05000271 |
Revision as of 23:16, 12 July 2019
ML071870059 | |
Person / Time | |
---|---|
Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
Issue date: | 07/05/2007 |
From: | Baty M NRC/OGC |
To: | Elleman T, Karlin A, Richard Wardwell Atomic Safety and Licensing Board Panel |
Baty, Mary - OGC - 301-415-1324 | |
References | |
50-271-LR, ASLBP 06-849-03-LR, RAS 13837 | |
Download: ML071870059 (10) | |
Text
July 5, 2007Alex S. Karlin, Esq., ChairDr. Thomas S. EllemanAdministrative JudgeAdministrative Judge Atomic Safety and Licensing BoardAtomic Safety and Licensing Board Mail Stop T-3 F235207 Creedmoor Road, #101 U.S. Nuclear Regulatory CommissionRaleigh, NC 27612
Washington, DC 20555-0001 Dr. Richard E. Wardwell Administrative Judge
Atomic Safety and Licensing Board
Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC.
AND ENTERGY NUCLEAR OPERATIONS, INC.(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-LR; ASLBP No. 06-849-03-LR
Dear Administrative Judges:
The NRC Staff hereby provides its monthly status report and notice that it has updated the hearing file and disclosures for this proceeding pursuant to 10 C.F.R. §§ 2.1203(c) and
2.336(d). An index containing the ADAMS accession number, date, and title or description of
each item in this supplement is appended hereto as Attachment 1. The Staff is also producing, as Attachment 2, updates to its privilege logs as required by 10 C.F.R. § 2.336(b)(5), and is
continuing to preserve and maintain all privileged documents during the pendency of this
proceeding. Also attached are the Affidavit of Jonathan G. Rowley, as required by 10 C.F.R.
§ 2.336(c), and the Declaration of Pao-Tsin Kuo, Director of the Division of License Renewal, formally invoking the deliberative process privilege. There have been no changes to the Staff's schedule for the issuance of its Safety Evaluation Report and Final Supplemental Environmental Impact Statement.
Sincerely,/RA/Mary C. Baty Counsel for NRC Staff
Enclosures:
Hearing File Index Privilege Log - Deliberative Process
Affidavit of Jonathan G. Rowley
Declaration of Pao-Tsin Kuocc:Attached Service List Page 1 of 1ATTACHMENT 1 VERMONT YANKEE LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEXSupplement 8- July 5, 2007ID #Accession NumberDocument DateTitle/Description:08-01ML0715001535/7/2007Additional Information as Requested Related to NPDES 08-02ML0715503306/4/2007IR 05000271-07-006, on 01/22/2007 - 01/26/2007, 02/05/2007 - 02/09/2007; Vermont Yankee Nuclear Station; Inspection of the Scoping of Nonsafety
Systems and the Proposed Aging Management Procedures for VY's Application
for Renewed License.08-03ML0717201616/7/2007Email: PIC - Proposal for Information Collection to address compliance with the Clean Water Act 316(b) Phase II regulations.08-04ML0718402126/7/2007Vernon Tie Info 08-05ML0718400776/18/2007E-mail from M. Hamer to J. Rowely Re SER Appendix E Page 1 of 2ATTACHMENT 2VERMONT YANKEE LICENSE RENEWAL HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGESupplement 8 - July 5, 2007Certain documents otherwise subject to inclusion in the hearing file and mandatory disclosures for this proceeding have been determined by the NRC Staff to contain information subject to withholding from public disclosure as predecisional, deliberative information. Pursuan t to 10 C.F.R.
§ 2.336(b)(5), the Staff is providing this log to identify the following documents, withheld under the "deliberative process" p rivilege.Doc.No.Accession Number Author Name/Affiliation:Title/Description:Document Date DocumentType Addressee /
Addressee AffiliationCommentPage Count DP-08-01ML071840087Rogers B H, NRC/NRR/ADRO/DLR/RLRB E-mail from Billy RogersRe: Vermont Yankee Q's.5/29/2007E-MailRowley J G, Young R M, NRC Discussing Safety Evaluation Report (SER)3 DP-08-02ML071840089Tifft D B, NRC/RGN-I Vermont Yankee Questions - Service Water Write-up.5/29/2007E-MailRowley J G, NRC/NRRDraft SER input2 DP-08-03ML071840093Rogers B H, NRC/NRR/ADRO Vermont Yankee -
Region Inspection Report Edits.5/25/2007E-MailRowley J G, NRC/NRR/ADR ODraft SER input8 DP-08-04ML071720154Emch R L, NRC/NRR Email: VY Trip Report Schedule.6/4/2007E-MailGoodman N,Masnik M T, NRC Discussing 5/29/07 trip to VY 3 DP-08-05ML071720150Avci H I, Argonne National Lab (ANL)Email: Re: 2006 VY REMP Report.6/5/2007E-MailEmch R L, NRC/NRR/ADR O/DLR/REBB Discussing 5/29/07 trip to VY 5
Doc.No.Accession Number Author Name/Affiliation:Title/Description:Document Date DocumentType Addressee /
Addressee AffiliationCommentPage Count Page 2 of 2 DP-08-06ML071720163Emch R L, NRC/NRR/ADRO/DLR Email: Re: Fwd:
Information Regarding SAMA Screening.6/6/2007E-MailPalla R L, NRC/NRR/ADR A/DRA/APLA Input to Final Site-specific Environmental Impact Statement (FSEIS)3 DP-08-07ML071720159Palla R L, NRC/NRR (NPA-PD-LR) Email:
Responses to Comments on VY SAMA.6/6/2007E-MailEmch R L, NRC/NRRDraft FSEIS input8 DP-08-08ML071720144Emch R L, NRC/NRR/ADRO/DLR/REBB (NPA-PD-LR) Email:
R. Emch Responses to Comments on VY SAMA.6/7/2007E-MailLaGory K, Argonne National Lab (ANL)Discussing FSEIS 3 DP-08-09ML071720158Palla R L, NRC/NRR (NPA-PD-LR) Email:
Re: Responses to Comments on VY SAMA (06/07/2007).6/7/2007E-MailEmch R L, NRC/NRRDiscussing FSEIS2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)ENTERGY NUCLEAR VERMONT YANKEE,)Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR)
OPERATIONS, INC.)ASLBP No. 06-849-03-LR
)(Vermont Yankee Nuclear Power Station))
AFFIDAVIT OF JONATHAN G. ROWLEY CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(c)
I, Jonathan G. Rowley, do hereby state as follows:1.I am employed as a Project Manager in the Division of License Renewal in theNuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I serve as a project manager for the Vermont Yankee Nuclear Power Station's license renewal application
("LRA"). 2.I hereby certify that all relevant materials required to be disclosed pursuant to10 C.F.R. § 2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the
disclosures are accurate and complete as of the date of this certification.3.I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
original signed by
__________________
Jonathan G. Rowley Executed in Rockville, MD this 5th day of July, 2007 July 5, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)ENTERGY NUCLEAR VERMONT YANKEE,)Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR)
OPERATIONS, INC.)ASLBP No. 06-849-03-LR
)(Vermont Yankee Nuclear Power Station))
DECLARATION OF PAO-TSIN KUO I, Pao-Tsin Kuo, do hereby state as follows:1. I am employed as the Director of the Division of License Renewal ("DLR") in the Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation ("NRR"). My
supervisory responsibilities include oversight of the NRC Staff's review and evaluation of the
Vermont Yankee Nuclear Power Station license renewal application.2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified several
documents as privileged because they contained info rmation concerning the Staff's deliberative process. Those documents are listed in Attachm ent 2 to the July 5, 2007 submission of the Staff's Hearing File.3. I have personally reviewed the document s identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain predecisional information concerning the Staff's review of the license renewal
application. All documents contain either the Staff's analyses, recommendations, opinions, or
evaluations, and may not necessarily reflect the final agency position with respect to the matters
discussed therein. Each of the documents comprises part of the deliberative process necessary
to the Staff's review of the pending license renewal application. 4. Further, I have determined that disclosure of these 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 Staff's 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 each of the documents listed in Attachment 2 to the July 5, 2007 submission of the Staff's
Hearing File.6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
original signed by
_______________
Pao-Tsin Kuo Executed in Rockville, MD this 5th day of July, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)ENTERGY NUCLEAR VERMONT YANKEE,)Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR)
OPERATIONS, INC.)ASLBP No. 06-849-03-LR
)(Vermont Yankee Nuclear Power Station))
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC Staff letter dated July 5, 2007, providing notice of the availability of the hearing file, with attachments, together with the affidavit of Jonathan G.
Rowley and the declaration of Pao-Tsin Kuo in the above-captioned proceeding have been
served on the following by electronic mail with copies by deposit in the NRC's internal mail
system or, as indicated by an asterisk, by electr onic mail with copies by U.S. mail, first class, this 5th day of July 2007.
Alex S. Karlin, Esq., Chair Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: ask2@nrc.gov Dr. Thomas S. Elleman*
Administrative Judge
Atomic Safety and Licensing Board
5207 Creedmoor Road, #101
Raleigh, NC 27612
E-mail: elleman@eos.ncsu.edu Office of Commission Appellate Adjudication
Mail Stop: O-16C1
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: OCAAmail@nrc.gov Dr. Richard E. Wardwell Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: rew@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff
Mail Stop: O-16C1
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: hearingdocket@nrc.gov Sarah Hofmann, Esq.*
Director of Public Advocacy
Department of Public Service
112 State Street - Drawer 20
Montpelier, VT 05620-2601
E-mail: sarah.hofmann@state.vt.us Ronald A. Shems, Esq.*
Karen Tyler, Esq.*
Shems Dunkiel Kassel & Saunders, PLLC
91 College Street
Burlington, VT 05401
E-mail: rshems@sdkslaw.com
Ktyler@sdkslaw.com Peter C.L. Roth, Esq.*
Office of the Attorney General
33 Capitol Street
Concord, NH 03301
E-mail: peter.roth@doj.nh.gov Marcia Carpentier, Esq.
Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: mxc7@nrc.gov Anthony Z. Roisman, Esq.*
National Legal Scholars Law Firm
84 East Thetford Rd.
Lyme, NH 03768
E-mail: aroisman@nationallegalscholars.com David R. Lewis, Esq.*
Matias F. Travieso-Diaz, Esq*
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, NW
Washington, DC 20037-1128
E-mail: david.lewis@pillsburylaw.com
matias.travieso-diaz@pillsburylaw.com
/RA/
Mary C. Baty
Counsel for NRC Staff