ML083190511

Davis-Besse (Geisen) David Geisen-NRC Staff Supplemental Disclosure Letter

ML083190511
Person / Time
Site:	Davis Besse
Issue date:	11/12/2008
From:	Ghasemian S NRC/OGC
To:	Mike Farrar, Hawkens E, Nicholas Trikouros Atomic Safety and Licensing Board Panel
SECY RAS
References
ASLBP-06-845-01-EA, IA-05-052
Download: ML083190511 (7)

Text

November 12, 2008 Michael C. Farrar, Chairman E. Roy Hawkens Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Nicholas G. Trikouros Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of DAVID GEISEN Docket No. A 05-052, ASLBP No. 06-845-01

Dear Administrative Judges:

The NRC Staff hereby provides notice that it has updated the hearing file pursuant to 10 CFR § 2.336(d), An index containing the ADAMS accession number, Bates number, date, and title of the item in the hearing file is appended hereto as Attachment 1. During its preparation for the upcoming hearing in the captioned proceeding, the Staff discovered that this two-page document was not included in its production process in June 2006, or in any further supplemental disclosures. On November 7, 2008, the Staff sent the referenced two-page document to Mr. Geisens counsel by electronic mail. The Staff is also producing, as , an update 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 Robert D. Starkey, as required by 10 C.F.R.

§ 2.336(c), and the Declaration of Cynthia Carpenter, Director of the Office of Enforcement, formally invoking the deliberative process privilege Respectfully submitted,

/RA/

Shahram Ghasemian Counsel for the NRC Staff

Farrar Hawkins Trikouros

Enclosures:

Attachment 1: Hearing File Index Attachment 2: Privilege Log - Deliberative Process Affidavit of Robert D. Starkey Declaration of Cynthia Carpenter cc: Attached Service List DAVID GEISEN HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX 7th Supplemental Disclosure - November 12, 2008 Date Bates - Begin Bates - End Full Name ADAMS Accession Number 04/18/2005 NRC 11- NRC 11- SDP/EA Request & Strategy Form, EA No.05-073 ML083170619 2008/000001 2008/000002

ATTACHMENT 2 DAVID GEISEN HEARING FILE AND MANDATORY DISCLOSURES DELIBERATIVE PROCESS LOG 7th Supplemental Disclosure - November 12, 2008 Date Bates - Begin Bates - End Full Name Author(s) Description ADAMS Accession Number 12/07/2005 NRC 11- NRC 11- SDP/EA Request & Strategy Form Office of Provides ML053470093 2008/000003 2008/000004 Enforcement Enforcement Panels recommendations regarding action against a DBNPS employee

November 12, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DAVID GEISEN ) Docket No. IA-05-052

)

) ASLBP No. 06-845-01-EA

)

AFFIDAVIT OF ROBERT D. STARKEY I, Robert D. Starkey, being first duly sworn, do hereby state as follows:

1. I am employed as Senior Enforcement Specialist in the NRC Office of Enforcement (OE). I serve as the Senior Enforcement Specialist for the NRC Staffs enforcement actions against employees of FirstEnergy Nuclear Operating Company (FENOC) at the Davis-Besse Nuclear Power Plant.

2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R.

§ 2.336(d) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete as of the date of this certification.

3. I hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief.

/Original Signed By/

_______________________

Robert D. Starkey Executed in Boone, NC this 12th day of November, 2008.

November 12, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DAVID GEISEN ) Docket No. IA-05-052

)

) ASLBP No. 06-845-01-EA

)

DECLARATION OF CYNTHIA CARPENTER I, Cynthia Carpenter, do hereby state as follows:

1. I am employed as the Director of the Office of Enforcement of the United States Nuclear Regulatory Commission (NRC). My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the enforcement actions against employees of FirstEnergy Nuclear Operating Company (FENOC) at the Davis-Besse Nuclear Power Plant.

2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC Staff members under my supervision identified certain documents as privileged because they contained information concerning the Staffs deliberative process. Those documents are listed in Attachment 2 to the Supplemental Disclosure submission of the Staffs Hearing File.

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 predecisional information concerning the Staffs review of the license application. All 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. Each of the documents comprises part of the deliberative process necessary to the Staffs review of

the enforcement actions.

4. Further, I have determined that disclosures 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 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 each of the documents listed in Attachment 2 to the Mandatory Supplemental Disclosures submission of the Staffs 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/

_______________________

Cynthia Carpenter Executed in Rockville, MD this 12th day of November, 2008.