ML092120491

2009/07/31-NRC Staff July 2009 Hearing File Update

ML092120491
Person / Time
Site:	Prairie Island
Issue date:	07/31/2009
From:	Harris B NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML092120487	List: ML092120488 ML092120489 ML092120490 ML092120491 ML092120492
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 16133
Download: ML092120491 (4)

Text

July 31, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Administrative Judge William J. Froehlich, Chair

Atomic Safety and Licensing Board Panel

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

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

Administrative Judge

Thomas J. Hirons

Atomic Safety and Licensing Board Panel

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 In the Matter of NORTHERN STATES POWER CO. (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 Board's ("Licensing Board") 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 updated 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

Staff's 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 c ontaining the ADAMS accession number, date, and title or description of each item added to the hearing file since the June 30, 2009, update to 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.

Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is producing logs identifying documents withheld under the deliberative process privilege ("Attachment 2"). On April 30, 2009, the

parties agreed that documents withheld under the attorney client privilege or work product

doctrine no longer needed to be logged. The Declaration of Travis L. Tate, Attachment 3, formally invokes the deliberative process privil ege with respect to the documents identified in .

The Staff will preserve and maintain the privileged documents identified in this log and its previously served logs during the pendency of this proceeding.

Pursuant to 10 C.F.R. § 2.336(c), attached is the affidavit of Nathan E. Goodman certifying that all relevant materials, identified by the Staff by July 17, 2009, and required by the regulation to be disclosed, have been disclosed and that the disclosures are accurate and complete. Mr. Goodman's affidavit is Attachment 4.

In its February 18, 2009, Memorandum and Order, slip op. at 3, the Board instructed the Staff to report, on the last business day of each month, the Staff's 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.

At this time, in light of the developments described in May's report, the Staff is unable to provide estimated dates of issuance for the draft

SEIS and final SEIS. The Safety Evaluation, with open items, was issued on June 4, 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 s ubcommittees 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 Commission's web site regarding the Prairie Island License Renewal. The Staff has updated the website; the

information on the Milestones page is current as of this date with one exception. The website is

currently being updated to show that ACRS Subcommittee meeting occurred on July 7, 2009.

Respectfully, /Signed (electronically) by/

Brian G. Harris

Counsel for NRC Staff

U.S. Nuclear Regulatory Commission

Mail Stop O-15D21

Washington, DC 20555-0001

(301) 415-1392 brian.harris@nrc.gov

Enclosures:

July 2009 Hearing File Index Privilege Log - Deliberative Process

Declaration of Travis L. Tate

Affidavit of Nathan E. Goodman

.

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

NORTHERN STATES POWER CO. ) 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 Staff's Letter Transmitting Hearing File; (Hearing File Index); Attachment 2 (Privilege Log), dated July 31, 2009; (Declaration of Travis L. Tate), dated July 29, 2009; Attachment 4 (Affidavit of

Nathan E. Goodman), dated July 31, 2009, have been served upon the following by the

Electronic Information Exchange, this 31 th day of June, 2009:

Administrative Judge

William J. Froehlich, Chair

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: wjf1@nrc.gov

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

E-mail: gxa1@nrc.gov

Administrative Judge

Thomas J. Hirons

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: thomas.hirons@nrc.gov

Office of Commission Appellate

Adjudication

U.S. Nuclear Regulatory Commission

Mail Stop - O-16G4

Washington, DC 20555-0001

E-mail: ocaamail@nrc.gov

Office of the Secretary

Attn: Rulemakings and Adjudications Staff

Mail Stop: O-16G4

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: HEARINGDOCKET@nrc.gov

David R. Lewis, Esq.

Pillsbury, Winthrop, Shaw, Pittman, LLP

2300 N Street, N.W.

Washington, D.C. 20037-1122 david.lewis@pillsburylaw.com

Phillip R. Mahowald, Esq.

General Counsel

Prairie Island Indian Community

Legal Department

5636 Sturgeon Lake Road

Welch, MN 55089

E-mail: pmahowald@piic.org

Peter M. Glass, Esq.

Xcel Energy Services, Inc.

414 Nicollet Mall

Minneapolis, Minnesota 55401 peter.m.glass@xcelenergy.com

/Signed (electronically) by/

Brian G. Harris

Counsel for NRC Staff

U.S. Nuclear Regulatory Commission

Mail Stop O-15D21

Washington, DC 20555-0001

(301) 415-1392 brian.harris@nrc.gov